INTRODUCTION
These Terms of Use (“Terms”) govern your use of EVPoint (UDRI Investments Ltd)’s (“we”, “us”, “our”, “Company”, “EVPoint (UDRI Investments Ltd)”) website evpoint.mt (“Website”), mobile application EVPoint – Charge Forward (“Mobile App”) and any sub-website, associated domains and/or sub-domains of the Website.
In these Terms, “you” and “your” and “user” refer to an identified or identifiable person being a user of this Website, recipient and prospective recipient of any of our services.
ACCEPTANCE OF TERMS
By accessing and using our Mobile App or Website, you consent to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website and should leave the Website immediately.
EVPoint (UDRI Investments Ltd)
113, Msida Park, Triq l-Irmigg, Msida, Malta
Company registration number: C72232
1. General
These Terms of Use (the “Agreement”) are entered into between the entity/person using or accessing the Services (the “User” or “You”) and EVPoint (UDRI Investments Ltd) (“EVPoint” or “we”), collectively referred to as the “Parties” or each a “Party”.
This Agreement together with the EVPoint Privacy Policy govern your use of the services operated by EVPoint (“Services”).
Services may include, but are not limited to, mobile applications and/or websites operated by EVPoint under its own brand and/or under its partners’ brands. These Services include all features and functionalities, including but not limited to websites, user portals, mobile applications, content and user interfaces, associated with EVPoint’s platform for electric car drivers and charge point operators, where users can manage and find charge points to start and pay for charging processes of electric vehicles.
2. Acceptance
By registering for the Services and accepting this Agreement you enter into an agreement with EVPoint which allows you to use the Services.
All transactions that are part of the Services including, but not limited to, initiating charging sessions as well as ordering and using RFID cards, are governed by such agreement. Registration without explicit acceptance of this Agreement is not possible.
When you make an order for the charging of an electric vehicle through the Services, EVPoint acts as an agent on behalf of the Operator to conclude your order and to manage your experience throughout the order process. If during this process EVPoint has received an amount payable by a User to an Operator, such payment shall discharge the User of any payment obligation towards the Operator. When you make an order to charge an electric vehicle on a charge point that is not integrated to EVPoint’s platform, EVPoint is acting as an e-mobility provider (EMP), and the sale of electricity is concluded directly between you and EVPoint. EVPoint is not liable and does not take any responsibility for the provision of the charging of electric vehicles by users.
3. Prices
For consumers, all applicable prices are listed inclusive of VAT. All prices are indicated on the Services before the start of a charging process or any other transaction is initiated. EVPoint App estimates the charging price prior to the initiation of a charge and reserves the necessary amount.
EVPoint App is free for personal use, but may charge for certain Services, such as transaction fees for facilitating sharing of charge points to other users.
For enterprises, business entities and other partners, Services may be subject to monthly subscription plans and usage fees as agreed.
EVPoint also sells physical goodson the EVPoint Shop, where the prices will be clearly stated before purchase.
Before the charging process, the price will be clearly displayed as fees per kWh of consumed energy, parking fees for time of parking at the charging station, and if applicable charging session starting fees and fees for time of charging. There may also be fees if the User decides to reserve a charging station, and if they do not show up, or overstay. You acknowledge that the final and payable price of the charging service is directly dependent on use, for example on the amount of consumed energy, and is therefore not always automatically provided before the start of the charging process.
EVPoint will deliver a receipt of the use of the charging Service, including each charging transaction executed.
4. Billing
EVPoint may charge you via a variety of payment methods, such as your Wallet, debit/credit card, or by invoice.
Invoices may be sent by EVPoint via mail or email. Full payment for invoices issued must be received by EVPoint fifteen (15) days after the issue date of the invoice, unless otherwise stated or agreed. The due date will be stated on the invoice. Unpaid amounts are subject to a charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Services.
EVPoint may suspend access to the Services, with immediate effect, if the User fails to pay any fees invoiced by EVPoint pursuant to this Agreement. Suspension will not relieve the User of its obligation to pay such invoices or any other fees payable to EVPoint for the relevant Services.
5. Obligations
You will cooperate with EVPoint by providing such information and materials as EVPoint may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
It is your responsibility to ensure that the registered payment method is valid, that it has a sufficient balance and is not blocked. In the event that debiting is not possible, EVPoint reserves the right to temporarily suspend your access to the Services or part of it until the overdue balance is fully paid. EVPoint has the right to seek payment from you by other means, such as by sending a separate invoice for your use of the Services.
You are responsible for complying with the specific parking restrictions and regulations at the charging station (such as written instructions shown at the charging station or the instructions given by the personnel of the charging station operators).
You shall use the charging station correctly and in accordance with the provided instructions and ensure that the charging station is suitable for the vehicle to be charged. If the charging station is damaged or defective, the User should inform EVPoint.
You must take due care to protect your EVPoint account against misuse by others and promptly notify EVPoint about any detected misuse. You are responsible for keeping your account secure and not granting access to your account to others.
You are obligated to immediately notify EVPoint if you believe that your account or the charging key has been used by an unauthorized person or in an unauthorized manner. EVPoint may then block your access to the Services.
In the event of the loss of your charging key or the mobile phone on which the application operated by EVPoint has been installed, you shall immediately notify EVPoint. EVPoint may then block your access to the Services. If you do not give such notification and the charging key or the mobile phone in question remains in illegitimate use, EVPoint reserves the right to claim incurred losses as a damage from you in accordance with applicable law. For the sake of clarity, this clause does not constitute additional claims for damages against you as a consumer.
You are solely responsible for ensuring that you comply with all applicable regulations, laws, or conventions before using the Services.
Unless explicitly granted to You in writing by EVPoint, You must not (and must not allow any third party to) directly or indirectly: I. Rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Services to a third party; II. Modify or create a derivative work of the EVPoint Services or any portion of it; III. Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Services, except to the extent expressly permitted by applicable law and then only with advance notice in writing to EVPoint; IV. Break or circumvent any security measures of the Services, or configure the Services to avoid incurring fees or in any way disrupt the integrity, performance or security of the Services; V. Access the Services for the purpose of building a competitive product or service or copying its features or user interfaces; VI. Use or permit the Services to be used for any illegal or misleading purpose, or any manner inconsistent with this Agreement; VII. Collect, use, and disclose data that violates any third-party rights, including privacy, publicity rights and intellectual property rights, (“Intellectual Property Rights” meaning all intellectual property rights globally, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (including but not limited to any and all copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs).
You agree that EVPoint retains all rights, title and interest (including all Intellectual Property Rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed EVPoint’s confidential information) and that EVPoint reserves any licenses not specifically granted in this Agreement. You acknowledge and agree that you have no right to obtain a copy of the software behind any of the Services and that EVPoint has sole discretion to make updates, bug fixes, modifications or improvements to the Services from time to time. EVPoint reserves the right to change or remove features of the Services from time to time.
EVPoint continuously works for a more sustainable and developed grid. This implies that EVPoint may temporarily pause an ongoing charge, thereby contributing to the stability of the electricity grid. The temporary pause will not have a noticeable effect on the total charge of your electric vehicle.
6. Liability
The use of the Services is the sole responsibility of the User. The Services are supplied “as is” and may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Agreement.
Nothing in this Agreement shall operate so as to exclude or limit either party’s liability to the other for death or personal physical injury arising out of negligence, fraud or fraudulent misrepresentation.
EVPoint (or its affiliates, licensors and suppliers) shall not be liable concerning any subject matter arising from or related to this Agreement, the Services or any of the websites operated by EVPoint or regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for; (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); (iii) any matter beyond its reasonable control; and (iv) any indirect, incidental or consequential loss or damage whatsoever; or (v) damages in the aggregate for all claims in excess of amounts paid to EVPoint by the User (hereunder during the 12-month period preceding the date on which the first claim arose), even if EVPoint has been advised of the possibility of such damages. These limitations are independent from all other provisions of this Agreement and shall apply notwithstanding the failure of any remedy provided herein.
The User agrees to indemnify and hold harmless the Operator, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising out of or related to:
Car Damage: Any damage caused to the User’s vehicle while using the services provided by the Operator.
Personal Injury: Any bodily injury sustained by the User or any third party during the use of the services provided by the Operator.
By accepting these terms and conditions, the User assumes responsibility for their own safety and any potential risks associated with using the services.
Indemnification Clause:
The “User” means any person / entity who enters in the Operator’s Premises, including to charge their vehicle via the chargers provided by the Operators.
The “Service” refers to the service of charging of vehicles of the User.
The “Operator” refers to any company or legal entity on behalf of which EVPoint is operating the charging stations.
The “Premises” refers to any location, parking, building or garage complex in which public charging stations are in operation.
The User agrees to indemnify and hold harmless the Operator, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising out of or related to:
Vehicle Damage: Any damage caused to the User’s vehicle while at the Premises, and /or using the Services provided by the Operator.
Personal Injury: Any bodily injury sustained by the User or any third party at the Premises, and/or during the use of theServices provided by the Operator.
By accepting these terms and conditions, the User assumes responsibility for their own safety, the vehicle and any potential risks associated with using the Services.
7. Force Majeure
Neither party will be liable for any delay or failure to perform its obligation under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
8. Termination
This Agreement may be terminated by either party without notice at any time for any reason. After termination, you will no longer have access to the Services.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. Thus the termination does not affect existing claims with respect to the charging processes that have previously taken place, including the obligation to pay for all charging sessions you initiated before the termination.
9. Data Protection
EVPoint or commissioned service providers collect, process and use data pertaining to you for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (EU/2016/679), known as GDPR, and other applicable national data protection legislation.
Unique identification number that is used to identify you, your vehicle, personal details and transactional details may be transferred to the operator of the charging station for the purpose of activating the charging stations, solving potential issues regarding the charging service and invoicing. Personal details, contact details and transactional details may also be transferred to the partners of EVPoint for the purpose of invoicing and customer service.
EVPoint may use non-personal data collected in the provision of the Services in order to (i) improve the Services and its other products and services, and (ii) share statistical information with its partners.
The data provided by the Client may be used by EVPoint or its partners to contact said Client in relation to his/her vehicle and its presence on EVPoint’s or any of its partner’s premises, whenever necessary.
For further information, please see our Privacy Policy.
10. Waiver
EVPoint’s decision not to enforce or exercise any provision of the Agreement is not a waiver of that provision.
11. Assignment
The User is not entitled to transfer any rights or obligations under the Agreement to any third party without the prior written consent from EVPoint.
12. Severability
Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
13. Consumer withdrawal and complaint rights
Withdrawal and returns of Products: You have the right to withdraw from the Agreement within fourteen (14) days from the day on which you, or a third party indicated by you, acquire possession of a physical good purchased from EVPoint (a “Product”). You must inform EVPoint of the decision to withdraw from the Agreement by another unequivocal statement of your intention to withdraw from the contract (such as an email to [email protected]). If you wish to withdraw from the Agreement, you have to return or hand over the Products to EVPoint without undue delay, and in any event no later than (14) days from the day on which the withdrawal is communicated to EVPoint. You shall return the Products to EVPoint at your own cost and in accordance with EVPoint’s instructions. EVPoint undertakes to refund all payments received, except for extraordinary delivery costs decided by you, without undue delay and in any event no later than 14 days from the day on which EVPoint receives the returned Products. The reimbursement will be carried out using the same means of payment as used for the initial transaction, unless you and EVPoint expressly have agreed otherwise. You are liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product. You are furthermore liable for any reduction in value for which the Products can be resold.
Charging services: The right of withdrawal ceases from the time a purchase of a service/a charging session has been completed. If, in connection with the purchase of charging services, you have requested that the charging supply commences before the expiry of the cancellation period, and you still wish to cancel, you must be aware that we will charge a reasonable payment for the part of the service that was already delivered at the time of cancellation. When such service has been completed, the right of withdrawal ceases.
14. EVPoint Wallet
The wallet is a virtual payment method which can be used to pay for charging your EV by funds placed in your personal EVPoint account directly by use of the EVPoint App or by use of a charge key connected to your account (“Wallet”). The Wallet can be loaded by a User by means of credit card or other accepted payment methods. The User may credit money to their Wallet manually. A user who scans a QR code and is not an existing EVPoint user (“Guest User”) may also make use of the Wallet, subject to providing the required user information and acceptance of the Terms of Use.
If the Wallet has insufficient funds for the estimated price of the charge, the User will be asked to ensure sufficient balance is on the Wallet prior to authorization or to choose an alternative payment method.
You may not place funds in the Wallet in excess of EUR 250 . Each transfer to top up your Wallet is capped at EUR 130. A deposit request in excess of this amount will be rejected. Funds on your Wallet may be used only to pay for charging services or products in the EVPoint app facilitating your charging. In the event of a negative balance in the Wallet, the User is required to immediately deposit funds to settle the balance. A Wallet may be blocked by EVPoint in the event of a negative balance which has not been re-filled after a written notice. You are required to use funds placed in your Wallet within 2 years from the top-up date. EVPoint will send a reminder prior to the expiration date. Funds that are unused after the 2-year period will be lost.
The User shall regularly make oversight of the transactions to make sure they correspond to their actual charging. The User shall notify EVPoint as soon as possible in the event of any incorrect registrations. If you become aware of any misuse, or if you lose your charge key, you are required to deregister the charge key in your account, and to contact EVPoint support so we can block the account and avoid any misuse. Contact EVPoint on [email protected].
The User is liable for any payments made by use of the Wallet. In the event of misuse by a third party or unauthorized use of the Wallet, EVPoint shall cover the loss a User may have suffered, provided the User has not acted fraudulent, has adhered to these terms, and as soon as possible after the incident has informed EVPoint hereof, in accordance with the Danish Payment Act. Any objections on a transaction due to an unauthorized or incorrect transaction shall be notified to EVPoint as soon as possible after the disputed transaction. When assessing whether objections have been notified as soon as possible, the requirement to regularly make oversight of transactions will be considered.
It is of great importance to EVPoint that our users are comfortable using our payment options, including the Wallet. Any personal information used for a purchase or use of the Wallet is processed responsibly and in compliance with applicable payment and data protection laws. Please refer to EVPoint’s privacy policy for more information.
EVPoint Credits: Credits received in your Wallet from referrals or promotion codes may only be used for charging and purchases in the EVPoint app and cannot be withdrawn. Referrals and promo codes may only be shared with individuals who are not existing EVPoint users. Any violation hereof will result in such credits being annulled. Unused Credits are automatically and without notice removed from your account 6 months from the date they were received.
15. Governing Law and Jurisdiction
These terms and your use of the App and Website shall be governed by and construed in accordance with the laws of Malta. Any legal action or proceedings arising out of or in relation to these Terms or the Website shall be brought exclusively in the Courts and/or Tribunals of Malta.
16. Changes to these Terms of Use
This Agreement was last updated on 23rd April 2024.
EVPoint reserves the right in its sole discretion, to modify, update, or otherwise revise the Terms of Use at any time. Such revisions shall be effective immediately upon posting updates to the Terms of Use on this webpage. EVPoint will notify you of any material changes to the terms. By using the Services after EVPoint has posted any modification, updates, or revisions, the User agrees to be bound by such revised Terms of Use. If any modification, update, or other change to these Terms of Use are not acceptable to you, then you have the right to terminate this Agreement provided you immediately terminate your use or access to the Services.
