Terms of Services ("ToS") § 1 General
(1) EVtrip Brasil LTDA (hereinafter "EVTrip") provides the drivers of electric vehicles with access to the Partner Charging Station Operators' charging infrastructure by means of smartphone app.
(2) These Terms of Service regulate the relationship between EVTrip and the electric vehicles drivers (hereinafter "the Customer") who is connected to the EVTrip service (hereinafter "the Service"). The term "Customer" refers to natural persons. The Service includes:
(i) information via the EVTrip App or website regarding for instance the location of the charging stations of the Partner Charging Station Operators, and their availability (subject to what is said in § 6 (2); and
(ii) charging of electric vehicles at the Partner Charging Station Operators' charging stations after an authorization through the EVTrip App.
(3) If the Customer is a consumer, all mandatory statutory consumer protection laws and regulations applicable in the country of the Customer's residence apply, if and in as much as those laws and regulations provide the Customer with a more extensive protection than the protection set out herein. These Terms of Service shall not apply to the extent they limit the Customer's rights as defined in such mandatory statutory consumer protection laws. §2 Definitions Identification number:
Unique number used to identify customers. Partner Charging Station Operator:
Partner Charging Station Operators form the EVTrip network, as changed by EVTrip from time to time, wherein charging processes can be started using the EVTrip App. EVTrip App:
App for iOS and/or Android with which users can locate charging stations and start and stop charging processes on selected chargers. Users can also provide feedback on charging stations as well as manage their account. §3 Conclusion of the Contract
The contract between EVTrip and the Customer is concluded by means of registration in the EVTrip App or on the EVTrip website, and the acceptance of such registration by EVTrip. §4 Prices
(1) All applicable prices of the charging service are valid inclusive of VAT and are indicated on the EVTrip App and website before the start of the charging process.
(2) If the price indicated on the EVTrip App and/or website does not correspond to the price shown at the charging station itself, then only the price indicated on the EVTrip App and/or website applies. §5 The Customer's Obligations
(1) It is the Customer's responsibility to ensure that (i) charging begins and is completed correctly; and (ii) the charging station is suitable for the vehicle to be charged. Further, the Customer shall not use charging stations that show an error message or visible defects or damages.
(2) It is the Customer's responsibility to ensure that the registered payment card is valid, that it has a sufficient balance and is not blocked. In the event that debiting is not possible, EVTrip has the right to seek payment from the Customer by other means, such as by sending a separate invoice for the Customer's use of the Service. As it is the Customer's responsibility to ensure that their payment information on their EVTrip account is up-to-date and valid at the time of attempting to purchase a charging process through the Service, failure to do so can result in EVTrip closing the Customer's account.
(3) The Customer shall upon registering provide their email address and a chosen password ("PIN") for logging into their EVTrip account. The Customer is responsible for keeping the password secure, for not writing the password down so that third parties can understand what it is used for, and for not using the password in any other way that allows others to gain access to the information.
(4) The Customer is responsible for complying with the specific parking restrictions and regulations at the charging station (such as, for example, the written instructions shown at the charging station or the instructions given by the personnel of the Partner Charging Station Operators). §6 Operation & Use
(1) The Customer can start a charging process at the stations run by the Partner Charging Station Operators using the EVTrip App. The charging station will then be activated, provided it is functional.
(2) As EVTrip uses various Partner Charging Station Operators who are responsible for (i) ensuring the operation and maintenance of their charging stations; and (ii) providing accurate information in respect of their charging stations, EVTrip cannot guarantee the functionality or availability of the charging stations or the accuracy of such information. EVTrip will, however, act with due care in compiling and showing the relevant information to the users of the Service through the EVTrip App.
(3) The payment function of the EVTrip App operates only within the EVTrip network. Charging stations outside of the network require a separate contract between the user and the corresponding operator or service provider of the charging station.
(4) Further, (i) the electric vehicle that is charged at a charging station; and (ii) the tools to be provided by the Customer (including, by way of example, any power converters, adapters or cables), shall be fit for their purpose, compatible for the connection with the charging station and satisfy all applicable legal provisions at the relevant times. EVTrip is not liable in the case whereby the defect or damage is caused by a defect in the electric vehicle and/or the used tools. §7 Due Date & Payment
(1) The billing of the charging processes activated within 30 days from charging session. The invoiced amount is immediately due for payment.
(2) Payment shall take place by direct debit or credit card.
(3) EVTrip sends invoices to customers only electronically, provided no other provision is agreed in writing.
(4) The Customer can obtain information regarding past billing and standing balances by logging into their accounts.
(5) If the Customer wishes to submit a complaint, the Customer shall notify EVTrip within 60 days of the date on which the purchase transaction in question became available on their account. The complaint shall clearly indicate the type of error. If this is not done correctly, the Customer will lose their right for the error investigation and correction, apart from exceptions due to mandatory legislation. Complaints regarding incorrect charging costs are processed and determined by EVTrip. If a complaint is accepted, EVTrip shall compensate the Customer for the amount without delay. If a complaint is rejected, EVTrip shall inform the Customer of the result of the investigation of the complaint and justify the position of EVTrip. §8 Customer's Liability for Unauthorized Use of the Service
(1) The Customer is responsible for any unauthorized use of the Service through their EVTrip account through the EVTrip App. The Customer is obligated to immediately notify EVTrip if they believe that their account has been used by an unauthorized person or in an unauthorized manner.
(2) In the event of the loss of the mobile phone of the Customer having the EVTrip App on it, the Customer shall immediately notify EVTrip by email (firstname.lastname@example.org
). If the Customer does not give notification of the loss or theft of the mobile phone, they shall be responsible for any reported purchase transactions in full.
(3) EVTrip will block Customer account following receipt of notification of its loss or theft. §9 Liability
(1) EVTrip shall be liable for its failure to exercise reasonable efforts in the provision of the Service in accordance with these Terms of Services. Further, EVTrip agrees to refund any monies that have already been paid by the Customer, or blocked on the Customer's payment method, but, are in fact due to be returned to the Customer.
(2) However, EVTrip shall not be responsible for, and thus, shall have no liability hereunder in respect of:
(i) the continuous availability and operability of (a) the EVTrip App and website; and (b) the charging stations of the Partner Charging Station Operators;
(ii) the suspension of the Service for reasons which ultimately prove to be incorrect, but, EVTrip had, at the time of suspension, reason to believe that there were grounds for suspension; and/or
(iii) the consequences of the Customer's mobile phone being lost or stolen and misused by another person.
(3) EVTrip is not responsible towards the Customer for any indirect damages or losses, such as loss of income or damage to the relationship between the Customer and third parties, except if the damage or loss is caused by negligence (only, however, if the Customer is a consumer), gross negligence or willfulness on the part of EVTrip, and never in excess of what the Customer is entitled to under mandatory legislation.
(4) This § 9 describes the entire liability of EVTrip. The only exception to this is mandatory legal provisions that apply to EVTrip's liability for defects (to the extent these cannot be excluded by mutual agreement). §10 Force Majeure
EVTrip is not liable hereunder to the Customer for any delay or non-performance of its obligations in the event such delay or non-performance is due to official action, change in law, war, sabotage, failure or delay in delivery, irregularities in the supply of electricity, telephone connections or other traffic and communications connections and transportation, strike, boycott, or other similar circumstances beyond the reasonable control of EVTrip (for the avoidance of doubt, matters that are only within the reasonable control of EVTrip's subcontractors shall not be deemed to be within EVTrip's reasonable control). The aforementioned also applies if EVTrip is the subject of a strike, boycott and/or blockade. §11 Contractual Term & Termination
(1) The contractual term is until further notice and can be terminated with a period of notice to the end of the month. Termination by the Customer can be carried out in writing either at the postal or email address set forth in § 13 and does not require the statement of reasons.
(2) An extraordinary right of termination exists if there is an important reason. In particular, EVTrip has the right to give the notice to terminate this contract or to refuse provision of a charging process if the Customer, after having received a reminder, has not within a reasonable period remedied the situation in inter alia the following cases:
(i) the Customer does not meet their payment obligations or there is a delay in payment of more than 7 days;
(ii) the opening of the insolvency proceedings over the Customer's assets or refusal to open proceedings due to lack of assets or the filing of an insolvency application by the other contractual party;
(iii) the Customer uses the Service contrary to this contract or to the obligations they have towards EVTrip; or
(iv) EVTrip has cause to suspect that the Service is being misused.
(3) The termination of this contract does not affect the existing legal consequences with respect to the charging processes that have taken place. §12 Contractual Amendments
EVTrip will inform the Customer in writing of contractual amendments at least 30 days before their planned coming into effect. Both parties are aware that the electric vehicle charging sector is rapidly developing. Amendments may be made, without limitation, in order to adapt the operation of the Service or these Terms of Service to new or modified technologies, devices, standards, legislation, policies, or to appropriate technical, information security, administrative, business, operations, or other relevant procedures. If the Customer does not agree to the changes in the terms and conditions, the Customer has the right to terminate the contract. §13 Cancellation Instruction
(1) The Customer can cancel the contractual agreement in text form (e.g. letter, email) within 14 days without indicating reasons. The period begins after the receipt of this instruction in text form but not before the conclusion of the contract. The timely dispatch of the cancellation is sufficient in order to observe the cancellation period. The cancellation should be sent to: SCDB S.R.L.
SAN CASCIANO DEI BAGNI
(SI) VIA RAFFAELE CARLETTI
10 POST INDEX 53040
Telephone: +39 348 346 21 67
(2) If the Customer has requested the provision of the Service before the end of the cancellation period, the Customer shall pay EVTrip reasonable compensation for the Services provided to fulfil the contract before the cancellation notification is made. §14 Data Protection
(1) EVTrip or commissioned service providers collect, process and use data pertaining to the Customer for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (2016/679) and other applicable national data protection legislation.
(2) Identification Numbers are sent to the Partner Charging Station Operator in order to activate the charging stations.
(3) More information on EVTrip's processing of personal data can be found in EVTrip's website https://evtrip.net/
(4) EVTrip may use non-personal data collected in the provision of the Service in order to (i) improve the Service and its other products and services, and (ii) share statistical information with its cooperation partners. §15 Governing Law & Jurisdiction
(1) The contractual relationship is governed by the law of Brazil and the exclusive place of jurisdiction for all disputes are the courts of Belo Horizonte.
(2) If the Customer is a consumer, the Customer has the right to take any disputes arising between the Customer and EVTrip to be settled by a consumer disputes board or to use any other rights granted by national mandatory law to submit the dispute to be settled by another similar body or local court.
(3) In accordance with Directive 2013/11/EU, the European Commission is making available an online platform for the settlement of disputes between companies and consumers. It can be accessed using the following link: http://ec.europa.eu/consumers/odr/ §16 Severability Clause
If some contractual provisions are invalid then the contract shall otherwise remain in force. The contractual parties are obliged to agree in writing the replacement of the invalid provision with the provision that they would have agreed, in good faith and in accordance with legal provisions, had they been aware of the provision's invalidity. Further information regarding EVTrip: EVTRIP LTDA
AV GETULIO VARGAS 1300, 21 ANDAR.
Savassi, Belo Horizonte - MG, Brasil
Telefone: +55 31 98477 9220; 31 2516 3009