Terms of Service
General Terms of Service
TERMS OF USE
These general terms and conditions (“Terms of Use”) together with the Voltic Privacy Policy governyour (“You” or the “User”) use of the eDrive mobile application and any other related services(“Service”) provided by Voltic d.o.o. Beograd, Milentija Popovića 5v/34, 11070 Beograd, the Republicof Serbia, incorporated in accordance with the laws of the Republic of Serbia, registered at SerbianBusiness Registers Agency under the registration number: 21765902 operating under the brand name"eDrive" (“Voltic”, “Us” or “We”).
1. GENERAL
By registering for, or by using, the Service or any portion of the Service You accept to be subject tothese Terms of Use. To complete your registration, you have to explicitly accept these Terms of Use.If you are a natural person, you are obligated to notify years Voltic if You have any complaint regardingthe Service within 2 (two) years, and if you are a company, You have to file any complaint regardingthe Service within 6 (six) months, whereas in any case the subject deadlines are calculated from thedate of provision of relevant Service. Each notice of non-conformance of Service shall be delivered byYou to Voltic in written, including by e-mail.
The Service includes, but is not limited to the websites of Voltic, eDrive mobile application (the“Mobile App”) and any related services and products provided by Voltic under its brand or through apartners’ which include, but is not limited to, identifying and navigating to charging stations for electricvehicles, initiating and paying for charging sessions (including through the use of payment cards), andproviding certain information relating to the charging session (e.g., pricing, availability, type ofchargers available, invoice information).
Voltic reserves the right to in sole discretion change, add and remove features of the Service at anytime without prior notice to the User.
These Terms of Use are applicable in any country and/or region that the Service is available in, if notsupplemented and/or amended in accordance with local law of subject country/region, in which casesuch supplements/amendments shall be applicable, of which you will be properly notified.
2. PRIVACY
Voltic processes your personal data in accordance with its Privacy policy.
3. PRICES
All prices shown in the Mobile App are inclusive of VAT. When using the Mobile App to initiate acharging session the price will appear before your charging process begins. The cost of using theService to charge your electric vehicle is based on one or multiple different factors. These factors mayinclude, but are not limited to, kWh used during charging, charging time, parking time, session startingfees etc.
You acknowledge and ascertain that the final price is calculated based on manners of Your use of theService and that it is not possible to calculate the final price before the charging process has beenfinished in each situation.
4. PROFESSIONAL USE OF THE SERVICE
Certain parts of the Service may be restricted for the exclusive use of businesses, entities, and/orindividuals using the Service for their trade or business activities (“Business Accounts”). BusinessAccounts may be charged by different and/or additional fees as agreed separately in writing withVoltic. For the avoidance of any doubt, these Terms of Use shall be applicable on any use of the Serviceinsofar as there is not particular agreement in writing with Voltic.
5. BILLING AND PAYMENT
You are responsible for ensuring that the registered payment card is valid, not blocked, has sufficientfunds and that You are authorised to use it. If debiting the registered payment card is not possible,Voltic has the right to seek payment from You by other means, such as by sending a separate paperinvoice for your use of the Service. If a separate paper invoice due to your payment being overdue,Section 7 shall be applied.
You are responsible for ensuring that the payment information is accurate and up to date in the Volticuser account connected to the Service. Please note that payment failure will lead to termination ofthe user account.
Payments from You to Voltic are provided by one or more third party payment processor(s). Volticdoes not accept any liability for faults or disruptions in the payment process.
By accepting these Terms of Use, Users, natural persons, agree that when providing services, theymust reside in the territory of the Republic of Serbia in order to issue a fiscal invoice for the servicesprovided.
6. INVOICE PAYMENT TERMS
Once Your particular use of the Service is finished, invoice shall be automatically generated and sentto Your e-mail address. You hereby confirm that you expressly agree to the delivery of the invoice toyour e-mail address. Voltic shall try to execute the payment from the payment card registered withinthe Mobile App. In case that there are no sufficient funds for such payment on the registered paymentcard, You will not be able to use the Service until full settlement of unpaid invoice and Voltic shall, bythe system within the Mobile App, try to collect the unsettled amount from your payment card, untilsettled. Voltic will store and display information of the billing in the customer account with paymenthistory. As You will have all Your payments and invoices visible in the Mobile App, You may settle thedue amount at any moment.
7. LATE PAYMENTS
If You fail to pay the full amount due on the invoice, Voltic reserves the right to prevent You from usingthe Service by suspending your account and/or preventing you from registering a new account. IfVoltic prevents you from using the Service due to payment failure, You will still be obligated to payany outstanding invoice and/or fee relating to use of the Service.
Voltic will apply a default interest in the amount of maximum default interest rate permitted by thelaw on any outstanding amount and issue a paper invoice. The paper invoice will be sent to the postaladdress that is registered in the Mobile App. If no postal address has been registered in the Mobile App, the paper invoice will be sent to the postal address where You are registered, based on anypublicly available database.
If a paper invoice has been sent and full payment has not been received before or on the due date,Voltic may, but it is not obligated, to provide you with a reminder notice.
If a reminder notice has been sent upon the sole decision of Voltic and/or full payment has not beenreceived before or on the due date, Voltic reserves the right to hand the matter over to debt collectionwhich will result in additional fees.
8. VOUCHERS
Subject to the relevant law, Voltic may from time to time offer You a promotion code (“Voucher”) thatcan be activated in the Mobile App. Upon activating the Voucher in the Mobile App, the User mayreceive a discount, credit or similar offer (“Promotional Offer”). A voucher is a one-time offer and maybe limited to one Voucher per User. You may not be able to combine a Voucher with any other offer(s).A Voucher is non-transferable and may not be sold or refunded. If You receive a credit as part of aPromotional Offer you are liable to pay Voltic for cost incurred when using the Service that exceedsthe credit, and if the value of credit exceeds the price of the Service, remaining value of the credit shallbe carried over to the next Service.
A Voucher and Promotional Offer are only valid until the specified expiration date. Voltic reserves theright to modify and/or cancel a Voucher and/or Promotional Offer. A Voucher and/or PromotionalOffer may exclude Business Accounts and/or be limited to certain parts of the Service.
9. CHARGING STATIONS
It is the responsibility of the charging station operator to ensure that the charging stations areoperating properly. Voltic does not accept any liability for faults and defects in the charging stationsor any tools (e.g., cables, converters, or adapters) belonging to the charging station..
10. YOUR OBLIGATIONS
You are always obligated to:
• Stop using the service if your place of residence is no longer in the territory of the Republic ofSerbia;
• Comply with all instructions provided at the charging station and ensure that the chargingprocess is performed correctly;
• Comply with all applicable parking regulations at or in the area around the charging stations;
• Not use the Service in bad faith of any error or fault with the Service, charging station orvehicle being charged;
• Ensure that the personal and payment information registered in the Mobile App is correct andup to date;
• Take care and protect your password and account information in the Mobile App;
• Ensure that no unauthorised person(s) have access to your account and/or any ChargingCard(s) without your permission; and
• Ensuring that all tools (e.g., the charging cable) used in connection with the charging areproper and working as intended.
If You suspect that your account has been hacked or that someone who’s unauthorised is using yourpersonal account, Billing account in the Mobile App or payment card, You are obligated to immediatelyreport this to Voltic by emailing: info@edrive.co.rs. If You lose your payment card, you are obligatedto immediately remove your payment card from your account in the Mobile App.
Voltic is entitled to end an ongoing charging immediately and/or restrict access to parts of, or theentire Service, if: (i) You in any way fail to meet your obligations under these Terms of Use or any otheragreement between You and Voltic, (ii) if You have given false information in order to deceive Volticand/or its partners, or (iii) if Voltic has reason to believe that a third party has unauthorised access toan account related to the Service. Upon such termination Voltic has the right to take necessary actionsto protect Voltic and/or its partners from damages and You may be obligated to indemnify Voltic fromany costs or damage.
11. GENERAL LIMITATION OF LIABILITY
The limitation in this section means that You cannot hold Voltic responsible – or otherwise receivefinancial compensation from Voltic– if not explicitly stated otherwise. Please note that the limitationof liability in this section applies in addition to the limitation of liability that follows by other sectionsin these Terms of Use.
Any limitation of liability in this section or otherwise stated in these Terms of Use shall not beconstrued as to exclude or limit the liability of Voltic in the case of death or personal injury resultingfrom deliberate or negligent acts or omissions by Voltic, an employee, legal representative, orsubcontractor of Voltic.
Voltic is not liable for any damage caused by using faulty equipment, or from any fault caused by adefect in the vehicle being charged.
Voltic is not liable for any indirect damages You may suffer unless, and only to the extent, such aresponsibility is required by mandatory law.
Voltic shall not be held liable to compensate You for any damages caused by unauthorised use of theService unless Volticis found to have acted with gross negligence or wilful misconduct.Voltic shall not be held liable to compensate You for any damages caused by use of the Service inviolation with these Terms of Use unless Volticis found to have acted with gross negligence or wilfulmisconduct.
Voltic has no liability for damages caused due to You or any third party not being able to use theMobile App, the payment card or any other part of the Service.
Voltic not be held liable to compensate You with an amount exceeding 1.000 EUR (or an equivalentsum in the currency used in the country where You have your habitual place of residence) unless Volticis found to have acted with gross negligence or willful misconduct.
12. FORCE MAJEURE
Voltic is not responsible for, without constraints, any changes in law, failure or delay in delivery,telephone and network connections, war and military actions, general mobilization, sabotages ofcharging stations, irregularities in the supply of electricity, strike, boycott, riots, acts of terrorism,epidemics, fire, explosions, traffic and natural disasters (such as earthquake, cyclone, storm, flood, fog), acts of competent authorities which affect the Service provision and all other events andcircumstances that competent authorities acknowledge and declare as cases of force majeure, orother similar circumstances beyond the control of Voltic.
13. CANCELLATION POLICY
You have the right to delete your account without any given reason. Deleting your account can beperformed by contacting customer support by phone call or e-mail. After you have requested youraccount to be deleted, You may not be able to re-enter your account, nor use your payment Card. IfYou delete your account and open a new account, your charging history and any other informationwill not be transferred to your new account.
Deleting your account does not exclude any financial obligation You may have towards Voltic relatingto the Service.
You may delete your account by sending an email with your request to: info@edrive.co.rs
14. CONTRACTUAL TERM AND TERMINATIONS
These Terms of Use are binding between Voltic and the User the first time You register for, or use anypart of the Service, and remain in force until termination by either You or Voltic.
Both You and Voltic may at any time terminate the Terms of Use. If You terminate the Terms of UseVoltic will block access to, and delete, any account connected to the User in relation to the Service.Terminating the Terms of Use will not exclude any financial obligation You may have towards Volticrelating to the Service.
15. ENTIRE AGREEMENT AND CHANGES TO THE TERMS OF USE
These Terms of Use constitute the final and complete agreement between You and Voltic in relationto its subject matter. These Terms of Use replace and supersede all previous terms of use and/or otheragreements, written or oral, between You and Voltic relating to its subject matter.
Voltic reserves the right to change these Terms of Use at any time. You will be informed about changesto the Terms of Use by e-mail and/or through the Mobile App in a reasonable time before suchchanges.
You can reject the change before the change is made and inform your disapproval to Voltic. Uponrejecting the changes Voltic reserves the right to limit or cancel your use of the Service and deleteyour account in the Mobile App. Rejecting changes to the Terms of Use does not exclude any financialobligation You may have towards Voltic relating to the Service.
Earlier versions of terms and conditions relating to the Service will not be archived by Voltic.
16. GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed and interpreted according to Serbian law. The exclusive venuefor any dispute arising from the use of, or relating to, the Service and/or these Terms of Use iscompetent court at Belgrade, the Republic of Serbia.
17. SEVERABILITY CLAUSE
These Terms of Use do not limit your mandatory rights that cannot be waived according to mandatorylaw. Should any provision(s) under these Terms of Use be found to not be in accordance withapplicable mandatory law the remaining provisions shall not be affected.
If you have any ambiguities regarding these Terms of Use, you can contact us at the e-mail address: info@edrive.co.rs.