Terms
Definitions
1.1. Application - "EcoCars" application for mobile devices based on the iOS or Android operating system.
1.2. User - an individual using the Application.
1.3. Partner - a service provider, owner of a charging station.
1.4. Operator - EcoKars LLC is a company that provides Users with access to the Application and accepts payment for the Services.
1.5. Services - services for charging the User's electric vehicles, which are provided by the Operator's Partners.
1.6. Agreement - an agreement for the provision of Electric Vehicle Charging Services, concluded between the User and the Partner as a result of placing an order in the Application.
1.7. Terms - this user agreement for the use of the "EcoCars" application. 1.8. Website - the Operator's website at: https://ecocars.am
1.9. Partners - legal entities and individual entrepreneurs providing Services. Detailed information about partners is specified in section 13 of the User Agreement.
2. General provisions
2.1. The User Agreement is an offer of the Operator (offer) on the use of the Application, sent to the User.
2.2. When the User uses the Application, the Operator does not provide paid Services to the User, such Services are provided by Partners.
2.3. The operator is not an authorized organization within the meaning of the Law R f from "On Protection of Consumer Rights", and does not consider and satisfy User's claims regarding the inadequate quality of the Services.
2.4. When the User contacts the Operator regarding the execution of the Agreement, including with claims regarding the execution of the Agreement, the Operator has the right to transfer the relevant information to the Partner, as well as to transfer to the User information received from the Partner on the User's issues.
3. Subject
3.1. The Operator grants the User a simple (non-exclusive) license for the non-commercial, gratuitous use of the Operator's Application throughout the world, for the entire period of installation of the Application. By accepting the User Agreement, the User receives the following services:
3.1.1. Information about the location of the charging stations of the Partners;
3.1.2. Information about the availability of charging stations of the Partners;
3.1.3. Providing feedback on the use of the Application;
3.1.4. Possibility to attach a bank card and pay for the Partner's Services;
3.1.5. Possibility to conclude an Agreement with the Operator's Partners, including: - the ability to reserve a place for the Partners for charging electric vehicles; - the ability to start and stop the charging process of an electric vehicle at the charging stations of the Partners. 3.2. Charging of electric vehicles is carried out by the User independently.
4. The procedure for concluding a contract (acceptance of an offer)
4.1. Acceptance of the terms of the User Agreement occurs after the registration of the User in the Application.
4.2. The User enters into an Agreement and enters into direct contractual relations with the Partner in terms of charging an electric vehicle after payment through the Application, and the Agreement between the User and the Partner is considered concluded at the moment the User clicks the "Pay" or "Reserve" button (or buttons with a text similar in meaning) in the application.
4.3. Payment for the Services means that the User agrees with all the essential conditions for charging an electric vehicle, determined by the Partner and posted in the Application. All rights and obligations under the Agreement (Agreements) concluded with the User arise directly from the Partner. By using the Services, the User confirms that all information provided for by the current legislation on the protection of consumer rights about the Services, as well as about the Partner or the Operator, has been brought to the attention of the User in full.
5. Operation and use of charging stations
5.1. A user wishing to receive the Services selects a free charging station in the Application and places an order.
5.2. After ordering a charge in the Application, an amount of up to 500 AMD can be debited on the User's bank card account. If the User does not have enough funds on the bank card account, the order will not be placed. .3. The charging process ends automatically if there is insufficient funds on the card, or when it is terminated by the User after pressing the button in the Application. The unused part of the blocked funds is returned to the User's bank card account.
5.4. If, after completing the charging process, the User wishes to continue charging the electric vehicle, he needs to place a new order.
6. Cost of Services and payment procedure
6.1. The cost of the Services is indicated in the Appendix, and payment for the Services is made by bank transfer.
6.2. For payment, the User attaches his bank card in the Application.
6.3. During the charging process, a part of the funds is blocked on the bank card account in accordance with the cost of the Services.
6.4. After charging is complete, the unused part of the blocked funds is returned to the User's bank card account, and the amount actually charged is debited from the bank card account.
6.5. If the amount of electricity transmitted and received by the User has exceeded the amount of electricity ordered by the User in the Application, the Operator, on behalf of the Partner, additionally accepts funds to pay the difference in cost.
7. Features of payment using bank cards
7.1. The Operator acts on behalf of the Partner with the involvement of an authorized payment acceptance operator or electronic money operator and is the recipient of the payment as the Partner's agent.
7.2. The Operator does not have access to the data of the User's bank card and is not responsible for the safety and confidentiality of the transmitted data when making non-cash payments.
7.3. Cashless payment is carried out by the User with the participation of an authorized payment acceptance operator or an electronic money operator and is governed by the rules of international payment systems, banks (including the issuing bank of the User's card) and other settlement participants.
8. Terms of refund
8.1. In case of disagreement of the User with the fact or amount of non-cash payment and other issues related to payment, the User has the right to contact the Operator by e-mail, or through the "feedback" function in the Application within 5 (Five) calendar days from the date of the non-cash payment or other actions or events that caused the appeal.
8.2. If, based on the results of the check on such a request, the Operator decides to return the amount of non-cash payment in whole or in part, the specified refund is made to the bank account of the bank card from which the non-cash payment was made.
8.3. Refunds are made with the participation of an authorized payment acceptance operator or electronic money operator and are governed by the rules of international payment systems, banks (including the issuing bank of the Linked Card) and other settlement participants.
8.4. In the absence of the User on the territory of the charging station, as well as in the case of impossibility of charging the electric vehicle due to reasons arising from the actions or inaction of the User, in the event of the User refusing to charge the electric vehicle after the expiration of the "reserve" time, in case of incorrect completion of charging the electric vehicle, and it is the failure to complete the charging process in the Application, the funds paid for charging the electric vehicle are not refundable to the User.
9. The user undertakes
9.1. When registering, provide the data requested in the Application, indicate a reliable and up-to-date email address and contact phone number.
9.2. Do not transfer the login and password assigned during registration to third parties, as well as ensure the safety and confidentiality of the login and password.
9.3. Be present on the territory of the charging station and carry out self-charging of the electric vehicle, as well as correctly complete the charging of the electric vehicle by pressing the corresponding button in the Application.
9.4. If the charging of the electric vehicle, in the opinion of the User, was carried out with inadequate quality or does not correspond to the User's order in the Application, immediately send information about such an order to the Operator's e-mail address, or through the "feedback" function in the Application, including sending photos / video and description of the shortcomings.
9.5. Ensure that the electric vehicle that is charged at the charging station and any additional equipment that the User uses to charge his electric vehicle (including, for example, electricity converters, adapters or cables) are suitable for their purpose, are compatible with the charging station and meet all currently applicable statutory provisions.
9.5.1. Immediately notify the Operator if he believes that his account was used by an unauthorized person or in an unauthorized way, or in case of loss of a mobile device with the installed Application.
10. Liability of the parties and its limitation
10.1. The user is responsible for:
10.1.1. Correct charging process, including the compatibility of the charging station and the electric vehicle being charged. In addition, the User should not use charging stations that display an error message or show visible defects or damage.
10.1.2. Compliance with the rules for charging electric vehicles, parking rules at charging stations and other instructions specified at charging stations or received from the staff of the Partners.
10.1.3. Safety and confidentiality of the login and password from your account in the Application.
10.2. The operator is not responsible for:
10.2.1. Continuous availability and performance of the Application and the Site.
10.2.2. Temporary suspension of the Charging Ordering Services in the Application by specific Partners.
10.2.3. The consequences of the loss or theft of the User's mobile device and its unlawful use by another person.
10.2.4. Any delay or failure to fulfill its obligations in the event that such delay or failure occurred due to force majeure circumstances.
10.2.5. Any consequential loss or damage, such as loss of income or damage to the relationship between the Client and third parties, with the exception of liability provided for by applicable law.
10.3. Since the Operator's Application provides information about the Partners, the possibility of ordering the Partner's Services, the Operator is not responsible for:
10.3.1. Ensuring the operation and maintenance of the charging stations of the Partners. 10.3.2. Accuracy of information provided by Partners about their charging stations.
10.3.3. Functionality or availability of charging stations. However, the Operator acts with due care when compiling and displaying relevant information for Users.
10.4. The Operator and Partners are not liable if the improper charging quality or any damage to the User's property is caused by a defect in the electric vehicle or tools and additional equipment used during the charging process.
11. Other conditions
11.1. The user confirms that he is legally competent and has reached the age required in accordance with the legislation of the Russian Federation to conclude the Agreement.
11.2. The Operator has the right, at its discretion, to restrict the User's access to the Application (or to certain functions of the Application, if technologically possible) using his account or completely block the User's account in case of repeated violation of the User Agreement, or apply other measures to the User in order to comply with legal requirements or the rights and legitimate interests of third parties, including, but not limited to:
11.2.1. Providing by the User inaccurate data about himself.
11.2.2. Failure by the User to fulfill his payment obligations.
11.2.3. There is reason to suspect that the Application or services of the Partners are being used for other purposes.
11.3. The Operator has the right to change the User Agreement at any time without notifying the User, the current version is posted on the Site. The risk of not familiarizing himself with the new edition is borne by the User, and the continued use of the Application after the changes is considered to agree with the new edition.
