EV Loader
Web and Mobile App
Terms and Conditions
Edition February 2022
INTRODUCTION
- The present Terms and Conditions (hereinafter called the “Terms”) govern the use of EV Loader Services as well as the installation and use of the respective application by End Users.
- If the End User wishes to use the EV Loader Services by installing the EV Loader App, he/she shall consent to the present Terms. By using our Services, including the use of our application, the End User agrees with the present Terms, declares that he/she is of legal age (18 years old or older) to enter into binding contracts, and has the power to consent to the present Terms.
- The Terms may be modified. End Users will be informed of any modifications of the Terms by email and will receive a notification when they enter into the application. Notwithstanding prior notifications about updates, End Users are advised to regularly check for modifications because by continuing to use our services after any modification of the terms End Users shall be deemed to have consented to said terms. In addition, these Terms expressly supersede any prior agreements or arrangements eventually agreed with End Users. End Users are responsible for regularly reading the Terms as the Terms which are effective at the time of entering into the EV Loader Use of Service Agreement are the ones which apply.
- The Terms can be accessed on the EV Loader Services Website and on the EV Loader App
SCOPE-NATURE OF THE EV Loader SERVICE AGREEMENT
- By the EV Loader Use of Service Agreement via the EV Loader App, and in accordance with the provisos of the present Terms, PARITY PLATFORM Private Company:
- grants a non-exclusive, personal, non-transferrable and non-sublicensable, limited to the territory of Greece, license to the End User, regarding the EV Loader App, subject to the limitations in clauses 5 and 6 of the Terms, and,
- enables End Users to use any and all Charging Stations on the Network for the purpose of Recharging their Electric Vehicle subject to the Rules for Safe Charging.
DEFINITIONS
- Force Majeure: any event independent of PARITY PLATFORM’s will and sphere of influence, that cannot be foreseen by any diligent or prudent means, such as (including but not limited to) earthquake, fire, flood, war, epidemics, strike, etc. PARITY PLATFORM shall not be liable for failure to perform its obligations arising from the EV Loader Service Agreement for the duration of the Force Majeure Event.
- PARITY PLATFORM: PARITY PLATFORM Private Company, registered in the General Commercial Registry of Greece with registration no 147300701000, with offices in 52 Grammou Street , Marousi 15124
- Charging Point Operator: the operator of Charging Infrastructure.
- Network: the total number of charging points and Stations placed at the disposal of End Users for the purpose of recharging their Electric Vehicles using the EV Loader App.
- EV Loader App: the mobile application for IOS and Android software provided by PARITY PLATFORM by which End Users gain access to the Charging Infrastructure in order to charge their Electric Vehicles. The Application is compatible with any mobile electronic device; an internet connection is required.
- “Electric vehicle” or “EV”: any motor vehicle equipped with a motion transmission system including at least one non peripheral, external, auxiliary, electric machine operating as energy converter with an electrically rechargeable energy storage system that is recharged externally.
- EV Loader Services Website: the Website https://evloader.com/ providing information to potential customers on PARITY PLATFORM’s chargers network and the electromobility services offered by PARITY PLATFORM.
- Non-compatible Charging Point: any Charging Point displayed in the EV Loader App database which cannot be activated through the EV Loader App.
- Terms: the present Terms and conditions, including any annexes, related to the use of the EV Loader Services, the installation and use of the EV Loader App and access to Charging Infrastructure.
- Electromobility Service Provider (hereinafter called: “ESP”): any private business or legal entity operating in the provision of electromobility services to subscribers, in the present case PARITY PLATFORM.
- Tariff Policy: the price charged for the Charging Service displayed in the Application and reflecting the fees charged at each Charging Point for each Charging Session. The Tariff policy is also available at the EV Loader Services Website.
- Charging Point: interface, able to charge at least one EVas per session.
- Charging Station: the overall electrical equipment able to charge the battery of an electric (Power Driven) vehicle, including the hardware and software,
- EV Loader Use of Service Agreement: the agreement whereby End Users obtain a license to use the EV Loader Service and gain access to the Charging Infrastructure through the EV Loader App, of which these Terms are an integral part.
- Compatible Charging Point: any Charging Point included in the database and displayed in the EV Loader App which can be activated through the EV Loader App.
- Charging Session: a session during which an Electric Vehicle is charged at any Compatible Charging Point by using the EV Loader App.
- End User/Users: any physical person or legal entity that has installed the EV Loader App wishing to access the Charging Infrastructure whether subscribed with the electromobility service provider or not.
- EV Loader Services: the complete set of services provided to EVusers associated with charging and electromobility tariffs as well as the provision of optimal services to users, such as location of available Charging Points and navigation, as governed by the present Terms.
- Charging Infrastructure: Compatible Charging Points connected to the EV Loader App.
- Charging Station Host: Individual or company that has registered with EV Loader app and has opted to register a charging station owned by him/her/them EV Loader application. The charging station host has also entered a separate agreement with Parity Platform that governs the business relationship between the entities.
INSTALLATION, OPERATION AND USE OF THE EV Loader APP
- The EV Loader App is available at the EV Loader Website from which the digital content of the Application can be downloaded or at digital Appstores. To be able to use the EV Loader App, the End User must accept the relevant Terms of Use of the Application and the special terms and conditions for the use of the EV Loader Services. In case of any problems regarding the use of the Application, End Users should contact PARITY PLATFORM directly.
- The EV Loader App can be downloaded to any compatible mobile electronic device using IOS or Android software.
- To start using the EV Loader App, End Users must install the application and enter into it. The App demonstrates in a clear and detailed manner all the steps to be taken and the information to be entered for its proper use. All the steps required to use the EV Loader Service are described at the Website.
LICENSE TO USE
- PARITY PLATFORM grants to the End User a license to use the EV Loader App indefinitely in order to:
- locate and review the sites of Compatible and Non-compatible Charging Points,
- gain access to Compatible Charging Points, for instance, by starting, ending, and paying the fees for the use of the Charging Points.
- pay for each Charging Session.
- When using the Application, End Users shall:
- Refrain from making false or fraudulent statements.
- Provide true and accurate information to PARITY PLATFORM and update said information without delay in case of any change to the information’s content.
- Strictly comply with the Rules for Safe Charging and ensure that the devices used (EV included) have all the necessary technical specifications for using the EV Loader Services and for performing each Charging Session.
- Comply with the present Terms and with the applicable legislation in force and inform PARITY PLATFORM without delay in case of any defect or error identified during the use of the Charging Point.
- Inform PARITY PLATFORM, by any suitable means, of any unauthorized use, illegal storage, processing or exploitation of the EV Loader App or/and Services that came to their knowledge.
- PARITY PLATFORM may temporarily suspend the End User’s access to the EV Loader Services for the purpose of maintenance or/and updating of the Application. Furthermore, PARITY PLATFORM may forthwith discontinue the use of the Application to comply with any court or arbitration tribunal decision or in case it is required to do so by the applicable law in force.
- In the event of any one of the aforementioned circumstances, PARITY PLATFORM shall use its best endeavours to inform End Users in advance. However, if access to the EV Loader Services is interrupted due to a willful act or omission by the End User, the latter shall not be exempted of their obligations arising from the Terms.
- Communication between the Parties in the context and for the purposes of using the EV Loader Services, and thus, performing the respective EV Loader Service Agreement, may proceed by any suitable means. PARITY PLATFORM may communicate with End Users in the context and for the purposes of providing the EV Loader Services by e- mail, through the Website or with notifications in the Application. Notifications shall be deemed to have been received as soon as they are posted on the Website or/and displayed in the Application or twenty four (24) hours as from sending an e-mail.
- End Users may freely terminate the license with immediate effect at any time by deleting the Application.
MISUSE OF THE APPLICATION
- The following shall be deemed as misuse of the EV Loader App: any use which is not described in the present Terms or infringes the rights of one or more third parties. Misuse of the application is a criminal offense and may be reported to the Police or any other public authority at any time.
- The license to use the EV Loader App is non-transferrable. During the use of the application it is prohibited to:
- sell, assign, transfer, distribute, lend, use, rent or make available to the public in any manner whatsoever the Application or/and the Software or any part thereof to any third party unauthorized by PARITY PLATFORM,
- make the application available to third parties via peer-to-peer or any other network or in any other way whatsoever or frame or/and mirror the Application or the Software or any part thereof,
- copy, reverse engineer or/and otherwise modify the EV Loader App.
- In the events specified in clauses 6.1 and 6.2, PARITY PLATFORM may revoke the license immediately or any time the End User breaches the aforesaid Conditions or misuses the application or in case of a decision to recall the EV Loader App.
PERSONAL DATA AND LOCATION INFORMATION
- When End Users install the EV Loader App, they consent to the processing, storage and use of the information they enter to the extent legitimately necessary for the correct operation of the EV Loader App, the further development of the EV Loader App and the provision of access to the Charging Infrastructure via the EV Loader App. PARITY PLATFORM shall process solely the names and e-mail addresses as provided by End Users in compliance with the legislation in force.
- For an optimal operation of the EV Loader App, End Users should allow access to their location. This information can be used to direct the End User to a nearby Compatible Charging Point. To be able to provide the foregoing service, PARITY PLATFORM must be able to confirm the location of End Users in real time. This information is tracked anonymously and is never stored. Otherwise, the EV Loader App can be used properly without the provision of access.
- Detailed information on the protection of personal data and End User rights is available in the Privacy Notice in the EV Loader App.
RULES FOR SAFE CHARGING
- It is not allowed to use the EV Loader Services for any activities other than their intended use.
- The charger placed in each charging Station is intended solely for charging Electric Vehicles. Thus, it is prohibited to connect any other devices (e.g. electric tools).
- Before starting a charging Session, you must have read and understood the Rules for Safe Charging as set out in the Annex hereto.
- Under no circumstances should you attempt to start a Charging Session if you notice any signs of wear and tear on either the charger or the charging cable, and you should move away from the Charging Point. In case you notice any wear and tear please report this immediately by calling +302108053290.
CHARGING
- The EV Loader App enables End Users to start, stop and pay the fees at Charging Points.
- When using the Charging Points, End Users shall comply with all effective requirements pertaining to the charging process, especially PARITY PLATFORM’s requirements as well as the Rules for Safe Charging.
- PARITY PLATFORM in combination with the stipulations in clause 13 below, shall use its best endeavours to keep the Charging Points available for use at all times without interruptions and/or breakdowns and available for charging. If otherwise, End Users will be informed through the Mobile Application.
- PARITY PLATFORM may withdraw one or more Charging Points at any time without prior notice.
ECONOMIC TERMS
- The installation and use of the Mobile Application is free of charge.
- The tariffs for charging Services are included in the Tariff Policy as defined in clause 3 of the present Terms. In case of changes to the Tariff Policy for the EV Loader Services, End Users will be informed of such changes according to the stipulations in clauses 1.3 and 5.5. of the Terms.
- Final Users are charged at the end of the Charging Session and receive the respective proof of payment.
MODES OF PAYMENT
- Payments may be made through the Stripe Payment Service Provider.
- Stripe payments can be made by:
- direct charge: the charging fees for each Charging Session are debited directly on the bank account provided by the End User to the payment service.
- Credit/debit card (directly or through Googlepay /Applepay): the charging fee is debited on the credit/debit card of the End User.
- Payments made through the Stripe service are governed by the terms and conditions of said Service.
- Parity Platform collects payments via the EV Loader web and mobile applications and may also transfer a significant portion of these payments to charge hosts.
TERM
- For Users, the EV Loader Service Agreement is entered into every time the End User uses the Application during a Charging Session. In particular, the term of the EV Loader Service Agreement commences from the moment the End User enters the EV Charge Card or his/her credit card details into the Application and expires at the end or upon the interruption of the Charging Session; notably, upon debiting the User’s credit card and issuance of the respective legal proof of payment.
LIABILITY
PARITY PLATFORM Liability
- The operation of the Charging Stations depends on the operation of the necessary telecommunication infrastructure such as mobile telephony connections and other internet connections. PARITY PLATFORM does not warrant the operation of such infrastructure without interruptions or breakdowns. PARITY PLATFORM shall bear no liability for inability to access or use the recharging infrastructure or the EV Loader application due to technical issues on the part of telecommunications providers.
- PARITY PLATFORM shall not be liable for any damage or loss the End User may incur as a result of a technical malfunction/ failure of the charging point or charging station. Charge hosts are responsible for the maintenance and regular monitoring of the condition of their charging stations and charge points. Charge hosts are also responsible for ensuring proper installation of charging stations as defined in charging station manufacturer installation manuals, local and EU level regulations.
- PARITY PLATFORM shall not be liable for any damage or loss the End User may incur as a result of the End User’s inability to charge (or fully charge) the EVor as a result of the use or operation of a Charging Point provided that the cause of said inability does not fall under its own sphere of responsibility. PARITY PLATFORM shall bear no liability in case the EVcannot be charged (or safely charged) because of a defect in the EVand/or the auxiliary equipment used as, for instance, the charging cables.
- PARITY PLATFORM is not liable to meet any obligation in case of force majeure or, generally, of any event that lies outside its own remit of responsibility.
End User Liability
- The End User has been informed or/and agrees that he/she is solely responsible for the use of the EV Loader App and of respective services provided by PARITY PLATFORM. The latter bears no liability in regard to said use. The utility and quality of the EV Loader App depend on its being properly used by the End User.
- The End User is liable for any damage or loss that may result from the End User’s fault regarding the use of a Charging Point and shall indemnify PARITY PLATFORM for any third party claims associated with it.
INTELLECTUAL PROPERTY
- The End User is aware that the EV Loader App and Website contain information which is PARITY PLATFORM’s intellectual property, including but not limited to, processes, working methods, software, drawings, text, design and knowhow.
- All industrial and intellectual rights related to the content of the EV Loader App and Website belong to PARITY PLATFORM or PARITY PLATFORM’s licensors. The use of this subject-matter by the End User is authorized only insofar as it is expressly sanctioned by PARITY PLATFORM or its licensees.
CYBER CRIMES
- When using the EV Loader App and the EV Loader Services Website, safe operation must be ensured. Therefore, the propagation of any type of malware whatsoever is expressly prohibited. Furthermore, any attempt to acquire unauthorized access or any kind of cyber-attack whatsoever against the EV Loader App or the EV Loader Services Website aiming at denial of service is likewise prohibited.
- In case of breach of the obligation set out in clause 15.1, the user shall be prosecuted in accordance with the law and PARITY PLATFORM shall provide all necessary information for prosecuting cyber crime. Furthermore, the use of the EV Loader App and the EV Loader Services Website shall be forthwith discontinued.
- PARITY PLATFORM bears no liability for any technological damage or loss of data that may arise from a malware or virus attack during the use of the EV Loader App and the EV Loader Services Website.
LINKS IN WEBSITE AND APP
- Any links to other websites or sources provided by third parties that appear in the EV Loader App and Website are provided only by way of information and the content of such websites or sources is, by no means, under the control of PARITY PLATFORM. Consequently, PARITY PLATFORM bears no liability whatsoever for any damage or loss arising from using said links.
APPLICABLE LAW - JURISDICTION
- Any dispute or claim arising from or associated with the Terms shall be governed by and construed pursuant to Greek Law.
- The parties hereby irrevocably agree that the Courts of Athens have exclusive jurisdiction to entertain any disputes or claims as may arise from the Terms.
MISCELLANEOUS
- Failure by PARITY PLATFORM to exercise any of its rights arising from the Terms shall not be deemed to be a waiver. Respectively, the waiver of any one claim by PARITY PLATFORM shall not be deemed to be a waiver of a similar claim in the future.
- No waiver of the rights acquired by PARITY PLATFORM under the Terms shall be considered valid unless done expressly and in writing.
- The nullity of any one of the Terms shall not entail the nullity of the whole set of Terms and the valid remainder of the EV Loader Use of Service Agreement shall continue to be binding upon the parties.
- The present Terms represent the entire agreement between the Parties as to the EV Loader Use of Service Agreement and supersede any prior written or oral agreement, understanding or covenant between the Parties.
- The Parties hereby acknowledge that neither has relied on any representation, warrant or promise by the other Party in order to enter into the EV Loader Use of Service Agreement.
- PARITY PLATFORM maintains the right to modify the Terms at any time. End Users are informed of such modifications as stipulated in the present Terms.
ANNEX – RULES FOR SAFE CHARGING
The charger placed at each Charging Point is intended for charging solely Electric Vehicles compatible with Mode 3 AC Charging or Mode 4 DC Charging. Users should observe the following rules for a smooth and safe operation during each charging session:
- The use of the Electric Vehicles charger is not authorized for persons under the age of eighteen (18) years. Underage minors should not remain in Charging Stations for Electric Vehicles without parental or guardian supervision.
- When in a charging Station you may not engage in any process other than charging your Electric Vehicle.
- Read the charging instructions displayed at the Charging Point and follow the steps one-by-one in order to use it. Familiarize yourself with the instructions manual of your Electric Vehicle prior to starting the Charging Session.
- Charging Points should only be operated if they are in perfect condition and are reported as available for use in the EV Loader App.
- If upon your arrival at a charging Point you notice any wear and tear or damage on the charger or the associated installations do not proceed with charging your Electric Vehicle. Move away from the Charging Point and call the e-mobility support line immediately (+302108053290).
- It is expressly prohibited to connect any electrical or other devices or tools of any other type whatsoever to the charger. No other device should be interconnected to the cable that connects your Electric Vehicle to the charger.
- Use the cable of your Electric Vehicle’s manufacturer or an appropriate cable of another supplier that meets the specifications of your Electric Vehicle’s manufacturer, with CE certification.
- Before starting the Charging Session, thoroughly inspect the charging cable for any signs of damage or wear and tear. The cable’s contact surface should not come in contact with heat sources, flammable materials or water.
- Do not connect any extension cord to the charging cable.
- Always disconnect the charging cable from the plug holder by pulling the plug and not by pulling the charging cable itself.
- Handle the charging cable carefully. Do not touch the cable or the charger with wet hands.
- Do not attempt to touch the charger’s inlet with your fingers or any other item.
- Do not attempt to use any objects or other tools to unplug the charging cable.
- It is prohibited to use defective, worn or dirty sockets, plugs or terminals.
- Do not attempt to start up the engine of your Electric Vehicle when it is connected to the charger.
- Make sure you have removed the charging cable before you start up your Electric Vehicle.
- After ending a Charging Session drive your Electric Vehicle away from the Charging Point. Do not park your vehicle at the charging space without cause. The Charging Point should remain unoccupied for the next Electric Vehicle driver.
- Charging Points using the Mode 3 AC Charging have no independent power switch accessible to users. The line circuit breaker of the supply line serves as a mains circuit breaker.
- Charging Points using the Mode 4 DC Charging have an emergency STOP. Furthermore, there is no independent power switch accessible to users. The line circuit breaker of the supply line serves as a mains circuit breaker.
- None other than authorized and specially qualified PARITY PLATFORM staff is allowed to arbitrarily intervene, convert, modify or attempt to repair a Charging Point or the installed Charging Stations.
- It is prohibited to remove the instructions, safety signs, technical specifications, etc. from the Charging Stations or the overall Recharging Infrastructure.