TERMS OF USE

 

Smartec Mobility ltd – EvSmartec

  1. Welcome to our mobile Application (“App”) and we do hope that will find our services useful.
  2. These Terms of Use (“TERMS”) describe the terms and conditions under which the Chargaro mobile application (“App”) may be used. By signing up for an account and/or using our services, you accept the TERMS without any modifications.
  3. The App is managed by EvSmartec, brand and tradename of Smartec Mobility Ltd, established in Cyprus, Reg No. HE 430747, with registered office at 16, Tamassou str, 2411, Nicosia. For questions about using the App, you can reach us at [email protected]
  4. The TERMS apply to anyone using the App. EvSmartec reserves the right to change the TERMS at its sole discretion and whenever it wishes to.
  5. It is your responsibility to check the TERMS periodically for changes. Use of the services following the posting of any changes to the TERMS constitutes acceptance of those changes. If there are any significant changes to the TERMS that materially affect your relationship with us, we will use reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a notice in the App

Chargaro App

  1. The App aims to make driving an electric vehicle easier. The App provides insight into, among other things, where the nearest charging point is and what the consumption is. In addition, the App enables the user to pay at a charging point.
  2. By using the App – which also includes downloading and installing – the user (“User”) agrees to the TERMS
  3. Prices and charges for Charging are displayed in the App
  4. The Customer acknowledges and accepts that it is his responsibility to check the prices and charges for charging before beginning the process of charging an electric vehicle and the privacy statement of EvSmartec (“Privacy Statement”).
  5. The TERMS can also be consulted at and downloaded from www.evsmartec.cy/chargraro
  6. If the App uses third-party services, the general terms and conditions as well as the privacy and cookie policy (if any) of the third parties concerned also apply. EvSmartec is not responsible for third-party services and privacy/cookie policies. In the event of any contradiction, these TERMS and Privacy Statement will prevail.
  7. Additional terms and conditions may apply if goods and/or services are purchased from third parties or from EvSmartec through use. To the extent that those additional terms conflict with the TERMS, the TERMS shall prevail.

Using the App

  1. Using the App is at the User’s own risk.
  2. The App can be installed for use by the User in the App Store or Google Play.
  3. The User enters their own contact details during installation including his email. EvSmartec is not responsible for incorrect data entry or any consequences arising from such incorrect entry. Accounts are free and available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in the TERMS.
  4. By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
  5. EvSmartec always has the right to adjust the App, to change or delete data, to deny the User the use of the App by terminating a subscription, to limit the use of the App or to access the App in whole or in part, temporarily or permanently. EvSmartec will inform the User accordingly in an appropriate manner.

Use of charging stations/Pricing

  1. The user is responsible for using the correct type of charging cable.
  2. Responsibility for the operability and safety of the charging points rests with the owners of these points. These owners are responsible for complying with applicable laws and regulations.
  3. Charging points may only be used for charging electric vehicles.
  4. Information about using the charging stations can be found in the App or on the charging station.
  5. Prior to charging, the price for charging your electric vehicle, will be displayed in the App. Once the charging session is finished and the final price is determined, the User shall receive a notification with it shall be displayed in the App (the “Charging Fee”).
  6. The charging Fee is firm and in the native currency of the location of the charging station (the “Charging Fee Currency”) and shall include any other additional fees and/or all applicable taxes that are required by law from time to time. Some Charging Stations charge a fee based on the state of Charge of your vehicle. It is your responsibility to monitor your state of Charge to avoid extra fees (e.g., overstay fee, connection fee) charged by the Charging Stations that are unrelated to the Charging Fee.
  7. EvSmartec takes no responsibility for any other fees charged by the Charging Stations or by any other third party.
  8. The User acknowledges and accepts that it is his responsibility to check the prices and charges for Charging before beginning the process of Charging an electric vehicle.
  9. The availability of charging points cannot be guaranteed by EvSmartec as it depends on the number of vehicles being charged at the charging stations at a given time.

Costs of use

  1. No costs are charged for the use of the App by the User.

EvSmartec’s commitments

  1. EvSmartec will take care of the maintenance of the App and updates where necessary.
  2. If maintenance by EvSmartec causes (temporary) interruption of the operation of the App content, EvSmartec will provide notification of this maintenance.
  3. EvSmartec will provide appropriate security measures that respect physical, electronic and procedural safeguards. This includes best practice safeguards such as firewalls and data encryption.

User’s commitments

  1. The User is solely responsible for the use of the App.
  2. To avoid misunderstandings, the User hereby confirms that the User is not free to offer nor use the App as his own web application (or under any other label), regardless of the purpose, anywhere in the world, in translated form or otherwise. The User is not free to develop or have similar apps developed.
  3. The use also includes placing advertisements and otherwise making advertisements. In addition, the User is not free to further develop the App for his own use or to use it in any other way for commercial purposes.
  4. The User is not permitted to make changes to the App. This does not include uploading content necessary to personalise and optimise the App for processing.
  5. The User is responsible for the necessary system requirements and Internet connection to be able to use the App.
  6. The User is obliged to use the App in accordance with applicable laws and regulations.

Personal data

  1. After installing the App, the User must enter his personal data to ensure optimised App performance. EvSmartec’s Privacy Statement applies to the processing of those personal data and to the App as a whole.
  2. In some cases, we may use an external party as the processor of personal data. This processor observes at least the same level of personal data security as EvSmartec has laid down in the Privacy Statement. EvSmartec has concluded a processing agreement with this processor in which the same obligations as those stated in the Privacy Statement are laid down.
  3. The processing of personal data always takes place within the European Economic Area (“EEA”).
  4. In the event of misuse of personal data by third parties, EvSmartec will notify the User without delay.
  5. All data entered remain the property of the User.
  6. The User indemnifies EvSmartec against all infringements of the User’s privacy.

Intellectual property rights

  1. All intellectual property rights regarding the App (including in any case copyrights, trademark rights and database rights) rest exclusively with EvSmartec. The User does not acquire any rights.
  2. The User will observe EvSmartec’s rights at all times and ensure that using the App by no means interferes with EvSmartec’s rights.
  3. EvSmartec and the User indemnify one another and hold each other harmless from all third-party claims, by whatever name, that are based on the results of the work and input of data by parties that infringe third parties’ rights.

Liability

  1. With regard to the operation and quality of the App, a ‘Best Effort’ requirement applies. EvSmartec does not guarantee that there are no errors in the App.
  2. EvSmartec makes no guarantees with regard to the content, reliability and availability of the App, nor for security incidents in the transmission or use of (personal) data through the App.
  3. EvSmartec is not liable for any direct, indirect or consequential damage resulting from the use of the App.
  4. EvSmartec is in no way liable for any damage whatsoever that the User suffers or costs that the User incurs for the below reasons:
  • the App cannot be accessed or used for any reason, or in the event of delay of the App
  • a device used in combination with the App is damaged or malfunctioning
  • the User has entered incorrect data in the App
  • the User violates the TERMS the rights of other persons.

Terminating the use of the App

  1. If the User wishes to terminate the use of the App, this can be done by deleting the App or the User’s account in the App in the settings menu under the heading ‘preferences’.

 Transfer of the contract

  1. The User authorises EvSmartec to transfer rights and obligations arising from this contract or part thereof to a third party if this User can provide the same or comparable services.
  2. The User does not have the right to transfer his rights and obligations arising from this agreement to a third party(ies).

These TERMS are exclusively governed by Cyprus law.

Any disputes arising from the TERMS will be submitted exclusively to the competent court in Cyprus.

Additional or deviating provisions

Additional provisions or provisions deviating from these TERMS may not be to the consumer’s detriment and must be laid down in writing or as such that they can be stored by the consumer in an accessible manner on a durable data carrier.

Smartec Mobility Ltd

Company reg No. HE 430747

Cyprys Vat. No. 10430747K

16, Tamassou str

2411, Nicosia

Cyprus

Contact

Tel. 7008 8099

Emails:

 [email protected]

[email protected]