e_mobility platform and application Terms of Use
General Terms and Conditions of Use for the e_mobility Platform and e_mobility Application
Article 1. Object
1.1. The following general terms and conditions of use ("General Terms of Use" or "GTU") apply to and govern the use of the electris mobility platform, which allows Customers to manage their charging points, driver profiles and related aspects to their e-mobility concepts.
1.2. electris reserves the right to change these GTU at any time at its sole discretion. The amended GTU will automatically apply.
1.3. The currently applicable version of the GTU is available on the Platform for download. The Customer must accept the new GTU in order to continue to use the Service from the date they apply.
1.4. By accessing the Platform, the User confirms by actively ticking a box that he/she has read and understood the GTU, which he/she accepts.
Article 2. Definitions
2.1. For the purpose of this Schedule, the capitalized terms shall have the following meaning. Any other defined terms shall have the meaning set out in Schedule A on the General Terms and Conditions.
2.2. “Data" means all data, including personal data, transmitted by the User to electris via the Platform, including notably the name, first name, postal address, email address, telephone number and language preference, as well as bank account information for the reimbursement of domestic charging.
2.3. The “Services” designate the services provided by electris through the Mobility Platform.
Article 3. Purpose
3.1. The Platform is a tool for managing charging solutions. Users have secure access to the Platform to open and monitor their respective e-mobility services.
3.2. Users are able to:
a) change their profile data, such as contact details, which the User undertakes to keep updated;
b) set up and modify notification preferences relating to the use of the Mobility Platform, and;
c) use the ticketing service for questions or complaints relating to the use of the Mobility Platform.
Article 4. Registration
4.1. Any User of the Mobility Platform has to ensure that his Data is correct, updated and complete.
4.2. In the event that the User benefits from the financial compensation for Domestic Consumption, it is particularly important for the User to ensure that the Data is always kept updated.
Article 5. Maintenance
5.1. By using the Mobility Platform, the User understands and agrees that electris will carry out maintenance operations on the Mobility Platform and that the interruption of access to the Mobility Platform as a result of such maintenance operations shall not constitute a violation of its obligations on the part of electris under these GTU.
Article 6. Guarantees
6.1. By using the Platform, the User confirms that he/she has the appropriate computer equipment to use the Service and agrees not to use any device or take any action that may cause harm to electris or other Users.
6.2. The Customer and the User acknowledge that a high-speed internet connection is required to access the Mobility Platform and Mobility Application.
6.3. In all cases the password giving access to the visualisation accounts must be protected against fraudulent use by others and the Customer must inform electris immediately in case of fraud. electris bears no responsibility as to the protection of their passwords by the Customer or the Drivers.
6.4. By using the Mobility Platform, the User guarantees at all times that he/she is not using the Mobility Platform in order to distribute, reproduce, publish or modify, in any way, materials protected by copyright, trademark or other proprietary rights owned by third parties without their prior consent.
Article 7. Restrictions and prohibited use
7.1. The User shall not (nor will allow or facilitate a third party to):
· attempt to copy, modify, duplicate, imitate, reproduce, create derivative works from, frame, mirror, or download, all or any portion of the Services in any form or media or by any means; and/or
· attempt to decompile, disassemble, reverse engineer or otherwise attempt to discover any source code from, all or any part of the Services; and/or
· sell, rent, lease, transfer, assign, distribute, transmit, display, publish, disclose, or otherwise dispose, commercially exploit, or otherwise make the Services available to any third party; and/or
· access or use all or any part of the Services in order to build or create a product or service which is similar to, or which competes with, the Services; and/or
· attempt to obtain, or assist third parties in obtaining, unauthorized access to the Services; and/or
· abuse the Services in any way and/or use the Services for advertising or solicitation to buy or sell any products and/or for creating, sharing and sending unsolicited commercial messages, bulk email, "junk mail", "spam" or chain letters; and/or create or send any viruses, worms or trojan horses, flood or mail bombs, or engaging in denial of service attacks while using the Services; and/or
· use or launch any automated system, including without limitation, any "robots", "spiders", or "offline readers", that accesses the Service in a manner that sends to the servers, cloud or other platform on which the Services operates, more request messages in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and/or
· use or launch any data mining or any similar data gathering and extraction tools, in connection with the Services (including by using software, scripts or automated agents and bots); and/or
· use the Services in any manner that damages, disables, overburdens, or impairs the Services, or electris’s systems or servers, or the cloud or other platform on which the Services operates, and/or otherwise interferes with any other party's use and enjoyment of the Services, and/or
· access the Services by any means other than through the interfaces that are provided by electris for accessing and use of the Services; and/or
· use the Services in any manner that is unlawful or prohibited or in violation of this GTU and/or any applicable law or regulation.
7.2. electris reserves the right, at its sole discretion without any liability to the Customer or User, to disable, suspend or terminate the User’s and Customer’s access to the Services, in the event of any breach by the Customer or anyone on its behalf, of the provisions of this Article 7.
7.3. In the event of any such unauthorised access or use of the Services, the Customer and the User shall promptly notify electris.
Article 8. Responsibility
8.1. electris cannot guarantee continuous and permanent availability of the Mobility Platform. electris will use its best efforts to provide access to the Mobility Platform in the most efficient manner possible to Users, subject to maintenance periods.
8.2. electris shall use reasonable skill and care to ensure uninterrupted services, good quality service and to rectify any malfunctions. However, electris cannot guarantee that the Mobility Platform will operate uninterrupted or without error/virus-free.
8.3. Whilst electris shall use reasonable skill and care to ensure that the data provided via the Mobility Platform, including Consumption Data, is available, accurate and complete, it cannot provide any guarantee in relation to the availability of such information in real time, its accuracy or completeness. electris declines all responsibility for any damage or loss suffered in connection with the use of the Mobility Platform and its content by the Customer or Users.
8.4. In accordance with Article 5, electris reserves the right to interrupt the use of the Platform in order to carry out maintenance operations. Such interruptions shall not entitle the Users to compensation.
8.5. electris shall not be liable for the unavailability of the Mobility Platform or for any loss of Data resulting from any fault or default attributable to the User or a third party.
8.6. More generally, electris declines all responsibility for any interruption or malfunction of the Mobility Platform resulting from:
a) failure to comply with these GTU or any other contractual document;
b) inappropriate or illegal use of the Mobility Platform;
c) a force majeure event;
d) events dependent on third parties such as telecommunication operators;
e) acts or omissions of the User.
8.7. When using the Mobility Platform, the User may be required to click on links that redirect him/her to third party service providers. electris cannot be held responsible for the unavailability of the websites or services of these third parties. In general, electris shall not be liable for the operation, content or any other aspect of third-party sites or services or for any direct or indirect damage caused by following a link to a third-party site or service.
8.8. electris may make available on the Mobility Platform information provided by third parties, such as prices for charging on the public or roaming networks. In this case, electris accepts no responsibility for the content of such information.
8.9. The liability of electris is excluded for material errors in the information that can be consulted via the Mobility Platform, made by which depends on the data communicated by the various charging operators, in particular regarding the unit prices applicable to the charging stations, their availability for charging and their characteristics (power, type of connectors, etc.).
8.10. The liability of electris is excluded for any malfunction or temporary unavailability of the viewing of the Interactive Map and consumption data on the Mobility Platform to the extent it depends on third party providers.
8.11. In all other cases and to the extent permitted by law, electris shall not be liable for more than the amount of Service Fees paid or payable for the Service concerned over the period of six (6) months immediately preceding the claim. In any event, electris shall not be liable for any indirect or consequential damages.
Article 9. Intellectual property
9.1. The Mobility Platform, its functionality and content remain the exclusive property of electris. No transfer of license, even temporary, takes place in the context of its use.
9.2. The intellectual property of any information made available by a third party and published on the Mobility Platform remains with that third party and no transfer of licence, even temporary, takes place in the context of its use.
Article 10. Protection of personal data
10.1. electris acknowledges and undertakes to comply with the laws and regulations governing the processing of personal data, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and any other national laws or regulations governing the processing of personal data in connection with the provision of the Platform.
10.2. By using the Mobility Platform, the User acknowledges and agrees that his or her Data is, where applicable, collected and used in accordance with the electris Privacy Policy.