TERMS AND CONDITIONS OF ELECTRIP CHARGING STATIONS NETWORK APP
1- SUBJECT AND PURPOSE OF THE AGREEMENT
This Charging Stations Network Terms and Conditions (“Agreement”) is made in order to provide access to the mobile application and the charging stations network of Electrip Italy S.r.l. (the "Company") by the person who become a user of the application or wish to utilise the charging stations network(the “User”), ensure utilisation of the Company’s charging stations network by the User for charging electric motor vehicles in accordance with the terms and conditions set forth in this Agreement, and set out the mutual rights and obligations of the Parties. In this Agreement, the Company and the User are referred to as the “Party” individually, or as the “Parties” collectively.
2- EFFECTIVENESS OF THE AGREEMENT
The User may, in any case, use the "right of reconsideration" within 14 days after signing this Agreement. If the User uses the services before the deadline of the terms granted by the "right of reconsideration", he/she may be charged for the costs related to the use of the services used until the deactivation. The "right of reconsideration" may be used by the User by sending a notice to the mailbox firstname.lastname@example.org. The User will receive feedback on the management of the "reconsideration" by e-mail.
3- OPERATING SYSTEM REQUIREMENTS OF THE MOBILE APPLICATION
This application requires an IOS and Android compatible smart mobile phone or tablet with a minimum amount of memory and operating system as shown on application stores, and internet access.
The User acknowledges that the application has not been developed to meet individual requirements, and that it is therefore User’s responsibility to ensure that the facilities and functions of the application meet the expected requirements.
4- GENERAL PROVISIONS REGARDING THE SERVICES
• The Company will make any modifications to this Agreement by updating it on its Website and/or mobile applications. In this case, the Company will notify the amendments to the User via the Company’s website and mobile application. The new terms will be displayed on-screen and the User will be required to read and accept them as a condition to further use of the services, without prejudice to the User's right to withdraw from the Agreement within 30 days since such notice, at no costs.
From time to time updates to the application may be issued through the app-store Depending on the update, the User may not be able to use the services until he/she has downloaded the latest version of the application and accepted any new terms.
• By use of the Company’s Website and mobile applications, the User will be able to find the locations of charging stations where he or she can charge his or her electric motor vehicle, and check the opening hours, technical properties, prices, and availability of charging stations. By use of the ELECTRIP mobile application, the User can receive navigational directions to the selected charging station via the navigation feature of his or her mobile phone and start the charging operation by scanning the QR Code (through the ELECTRIP mobile application) on an available socket that is compatible with the electric motor vehicle. The User can monitor data related to his or her previous uses, add frequently used and/or favourite charging station locations in the favourites list, and make bookings at the charging stations determined by the Company for future uses. The responsibility of the Company is limited to ensure that the information specified in this paragraph is accurate and up to date at the time of display, and the User hereby accepts that this information may change from time to time and the Company cannot be held responsible for any updating/modification on this information.
• The User can benefit from the charging services offered by the Company under this Agreement by use of the ELECTRIP Customer Card and/or the ELECTRIP mobile application (registered User only). The User can be required to enter his or her credit card details on the ELECTRIP mobile application to start the electric motor vehicle charging operation and/or make bookings. Under the credit card acceptance procedure, an amount equal to €1 will be collected for the validation/verification of the User’s credit card and this amount will be returned to the credit card of the User at the earliest when the validation/verification process is finalised. This provision does not apply to User who does not register in the application.
• The User agrees that the services under this Agreement will be made available only when he or she pays the cost determined by the Company for the services, and the Agreement will be considered to be violated in case the service costs are not paid in full and on a timely basis, or the information demanded for registration are not provided accurately and in full, in which case the use of the services can be suspended by the Company in accordance with art. 1460 of Italian civil code, User’s account can be terminated in accordance with art. 1454 of Italian civil code, provided that the Company notify in writing the intention to terminate the agreement with 15 day prior notice, and the User does not remedy his/her fault within the said deadline.
• The Company cannot be held responsible for any delay or failure in the fulfilment of the obligations under this Agreement, if such delay or failure results from force majeure, as well as from any cause which is beyond the Company’s control, such as problems arising from third persons in relation to communication, infrastructure, including electric infrastructure, software. Force majeure under this Agreement means events and conditions that are beyond the control of the Company and cannot be avoided even if the Company has exercised due care, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power cuts, unfavourable weather conditions, and attacks on the Website, mobile application or the system although the necessary information security measures have been taken by the Company.
5- SPECIAL PROVISIONS REGARDING THE SERVICES
• The User is responsible for ensuring accuracy and currency of the information he or she gives when accessing the Website and/or mobile applications and continuing the services. In the event that the Company detects any User information that is not up to date, it may terminate the Agreement in accordance with art. 1454 of Italian civil code, provided that the Company notify in writing the intention to terminate the agreement with 15 day prior notice, and the User does not remedy his/her fault within the said deadline. The User agrees that he or she will compensate any losses or damages that the Company may suffer in relation to the provisions in this article.
• The ELECTRIP mobile application is dedicated to personal use by the User. The Member agrees that he or she will not modify, copy, or alter the ELECTRIP mobile application, publish the ELECTRIP mobile application and make it available for use by other persons in different channels, provide licenses for it, transfer related rights, use it for commercial purposes, and use bots and/or similar algorithms.
• The ELECTRIP Customer Card to be given by the Company will be dedicated to personal use by the User and defined for being used for the own motor vehicle of the User only. The User cannot make the ELECTRIP Customer Card available to any third person, copy it, or make it available for commercial use. If the motor vehicle is charged by use of the ELECTRIP Customer Card, charging operation will start when the card is scanned by use of the device and end when it is scanned for the second time. The User agrees that in relation to the use of the ELECTRIP Customer Card, he or she has to check the cost and payment terms and conditions on the Company’s Website and mobile applications before use, and he or she accepts any revisions to be made in advance.
• The parties acknowledge that the cost of the services offered under this Agreement, and payment terms are published on the Company’s Website, mobile application and other channels stipulated by the applicable legislation, at the time of User’s registration. The Company reserves the right to update the cost of the service from time to time. In this case, the Company will notify the update of the costs and tariffs to the User via the Company’s website and mobile application. The new costs and tariffs will be displayed on-screen and the User will be required to read and accept them as a condition to further use of the services, without prejudice to the User's right to withdraw from the Agreement within 30 days since such notice, at no costs.
The User agrees that it is his or her responsibility to check the cost and payment terms and conditions on the Company’s Website and mobile applications before receiving the service. The User irrevocably accepts, declares and undertakes that if he or she does not make the necessary payments in full and on time, the Company will be entitled to exercise all its legal rights to suspend the supply of the services in accordance with art. 1460 of Italian Civil Code and to terminate the Agreement in accordance with art. 1454 of Italian civil code, provided that the Company notify in writing the intention to terminate the agreement with 15 day prior notice, and the User does not remedy his/her fault within the said deadline, without prejudice to the charge of interest rates and tro to the compensation of the damages suffered by the Company as a result of User’s default..
• In addition, the Company reserves the right to change and/or cancel all kinds offers, campaigns and their prices specified in materials such as promotions, advertisements, and brochures. The company may define any cost items under the name of tariffs, and other fees in accordance with its pricing policy, pursuant to the applicable laws and regulations. Any modifications on the costs, fees and prices will be announced on the Company Website and mobile applications. In this case, the Company will notify the update of the costs and tariffs to the User via the Company’s website and mobile application. The new costs and tariffs will be displayed on-screen and the User will be required to read and accept them as a condition to further use of the services, without prejudice to the User's right to withdraw from the Agreement within 30 days since such notice, at no costs.
• The User accepts, declares and undertakes that the Company cannot be held responsible for any disruptions in the services, unavailability of the services, failure to deliver services in full, or other problems that may arise beyond the control of Company, including but not limited to power cuts, technical infrastructure problems, and problems related to disruptions caused by the location of the charging stations or the site provider, and that he or she cannot claim any compensation from the Company due to such disruptions and failures.
• The User is responsible for the confidentiality of his or her own User’s account and password, and the security of motor vehicles for which the ELECTRIP Customer Card and/or the Website and the mobile application is used. The User accepts, declares and undertakes that if these are captured by 3rd persons, stolen or lost, the User will be solely responsible for the use of his or her User’s data and the ELECTRIP Customer Card by 3rd persons, he or she will be obliged to notify the Company immediately, and the Company cannot be held responsible for such use.
• The User accepts, declares and undertakes that the Company cannot be held responsible in any way if the User cannot benefit from the charging services under this Agreement due to the improper functioning of the electric vehicle or the charging system, or due to any other reason arising from the vehicle and/or the User and/or not being able to keep the ELECTRIP Customer Card ready for use. The Company will not be responsible for any damage or loss caused by problems of access arising from the charging station site or busyness of the charging station even if booking is made in advance, or for damages caused by other Users or 3rd persons and/or resulting from inadequate charging of the User’s electric vehicle.
• The Company is the owner or licensee of all the materials on the Website or mobile application, including all domain names, logos, all kinds of data, sales systems, business methods and business models, and intellectual and industrial property rights related to them, and such ownership is under legal protection. Unless otherwise stated, these cannot be used by the User for commercial or personal purposes without prior permission or reference.
6- PROVISIONS REGARDING PAYMENT
Registration to the mobile application by the User is free of charge.
In order to use the services through the Charging Stations Network, the User is required to pay the service costs and fees set forth in Company’s website and mobile application. These fees are indicated with VAT included and are all-inclusive.
• Payment systems are determined at the Company’s sole discretion and can be applied in any of the following methods by being announced by the Company:
a) not registered User
Not registered User credit card will be charged in advance with a fixed amount determined by the Company before charging. Once the charging is completed,
b) registered User
o Use and Pay: After the User benefits from the services of the charging station network, the service cost is automatically collected from the payment instrument (credit card, debit card, etc.) registered to the Company Website and/or mobile application.
o Monthly Payment: After the User benefits from the services of the charging station network for 1 (one) month, an invoice is issued until the 7th day of the following month for the User’s uses in the previous month, and the invoice is sent to the User’s address registered to the Company Website and/or mobile application and/or sent via other means of communication (email and/or mobile phone).
• The Company is entitled to define the eligible user groups for the use & pay, and monthly payment systems.
• Invoices for the payments made by the User will be generated and sent by the Company.
• The User is solely responsible to keep all contact information on the Website and/or mobile application up to date.
• The Company will be entitled to take legal action in the event that the payment obligations of the User are not fulfilled in full, properly, and on a timely basis.
• Payments will be made via credit card by use of the ELECTRIP payment system.
• The amount billed for the charging process, which cannot be finalized by the User for any reason and finalized by remote access by ELECTRIP, will be automatically collected via the credit card registered in the mobile application.
7- CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
8- INTELLECTUAL PROPERTY RIGHTS
The User acknowledges that all intellectual property rights in the application belong to the Company or its licensors, that rights in the application are licensed (not sold) to the User, and that he/she has no rights in, or to, the application other than the right to use each of them in accordance with the terms of this Agreement.
The User acknowledges that has no right to have access to the application in source-code form.
9- TERMINATION OF THE AGREEMENT
• This Agreement will start in line with article 2 of the Agreement and remain effective until terminated unilaterally by any of the Parties with a prior written notice of 30 days. For User who does not register in the application, this Agreement will remain effective until the end of using the Charging Stations.
• The Company may suspend services or terminate the Agreement in accordance with art. 1460 of Italian Civil Code if the User does not comply with this Agreement, the terms and conditions of use set forth on the Website and mobile application. In such a case, the User will be obliged to immediately pay all debts to the Company and to compensate the Company for any damages that may arise due to the breach of the Agreement.
• Without prejudice to the relevant articles of this Agreement, if the User or the Company decides to terminate this Agreement, the terminating Party will be obliged to notify the other Party a prior written notice of 30 days. The User will make such notification through the contact information in the contact tab of the Company Website and mobile application, while the Company will make all kinds of notifications to the email address provided by the User, which is considered as the legal notification address of the User. In case of an email address change, notices sent to the last valid email provided by the User will be deemed duly made, unless the User notifies the Company in writing of the changes within 3 (three) days.
10- JURISDICTION AND GOVERNING LAW
This Agreement is subject to Italian law. Any dispute that cannot be settled amicably between the Company and the User that falls under the definition of consumer pursuant to Legislative Decree 206/2005 ("Consumer Code") shall be subject to the exclusive jurisdiction of the court of residence or elective domicile of the User. For any dispute between the Company and a User that does not fall under the aforementioned definition of consumer, the exclusive jurisdiction for any dispute shall be the Court of Milan