Agreement on the use of electric automobile charging network
On the one hand, Kartlienergi LLC and on the other hand, User conclude the present agreement on the use of electric automobile charging network.
1. Definition of Terms
Unless otherwise specified in this Agreement, the terms used have the following meanings:
Agreement - Agreement on the use of electric automobile charging network;
Company - Kartlienergy LLC, legal entity registered and acting under the laws of Georgia, identification number: 404561568; address: Georgia, Tbilisi, Bagebi, Tskneti Highway # 67; E-mail: email@example.com
Application - software developed by the Company for electronic devices, property of the Company, which enables the use of electric automobile charging network operated by the Company;
User - a natural or legal person who has successfully completed an electronic registration in the application under the terms of the agreement;
Electronic Device - an electronic device of a user that is connected to the Internet and operates on “Android” or “iOS” operating system and enables the user to use the application of the Company to use electric automobile charging network via application;
Registration - Completion of actions required by an authorized application downloaded to an electronic device;
User Identification - the right of the Company to verify the accuracy of the personal data contained in the application by the user with the actual data of the user;
Fake Account - an account created using incorrect information and / or other inaccurate documentation and / or owned by any other person and not the user;
Personal Information - User-related information as defined by the Law of Georgia on Personal Data Protection;
Electric Automobile Charger - a company-operated electric automobile charger, which is marked on the map in the application;
Tariff - the fee set by the Company for using the electric automobile charger network, which is set out in the application;
Bank Account - a user-owned operational/active bank account opened at a local or foreign commercial bank / financial institution which entitles the user to make payments to the Company through a plastic card attached to the bank account for the use of an electric automobile charger;
Plastic card - a valid debit or credit card of the bank, the data of which is entered by the user in the application and used by the Company for the purpose of writing off and / or collecting payments for the use of an electric automobile charger;
Write-off - without additional agreement and/or consent of a user, writing off money from the bank account;
Notification - notification sent via application and/or other means of communication to a user indicated on a contact information;
Website - Company-Owned Website - www.aienergy.ge
2. Subject of Agreement
2.1The Company authorizes User to search for the location of the electric automobile charger(s) and to use electric automobile charger(s) for an appropriate fee for the purpose of charging electric automobile(s).
2.2Types of use of electric automobile charger(s) is determined according to application which sets terms and conditions of such use.
3. Statements and Guarantees
3.1User declares before the Company and warrants that within the term of the Agreement:
3.1.1shall comply with the requirements set forth in the Agreement and the Application;
3.1.2The information / documentation provided to the Company is fully up-to-date and applicable;
3.1.3is authorized to conclude agreement under the Georgian Legislation
3.1.4familiarizes with the terms of the agreement in a known language / form and accepts it
3.1.5acknowledges and agrees to the unity of the Agreement, together with the Application and Appendixes;
3.1.6agrees that any changes to the Agreement, the Application and / or the Appendix may be made by the Company unilaterally at any time, within the term of the Agreement, and in the event of the User's failure to use the relevant termination rights, such changes / agreements shall be binding
3.1.7authorizes the Company, within the period of validity of agreement, to store and process/ use personal information provided by a user only for the purpose of rendering the contractual services, according to the Georgian law on "Personal Data Protection" and provide such information to third parties with the right to the further processing
3.1.8The statements and warranties of the parties constitute binding provisions and their breach amounts to a breach of the contractual obligation.
4. Entry into force of the Agreement
4.1The Agreement shall enter into force upon signature by the Parties and shall remain in force for an indefinite period, until terminated by the Parties.
4.2The date of signature of the agreement is the date when user signs the agreement through the application (marking the "consent" button in the application), which means that a user agrees to the terms and conditions of the agreement
5. Rights and obligations of an user
5.1User is entitled to:
a)use the services specified by the application;
b)terminate the registration at any time;
c)require the Company to fulfill its contractual obligations;
d)apply to the Company in case of any obstacle / defect;
e)cancel the registration in application / terminate the agreement if he / she does not agree with the changes made by the Company.
5.2User is obliged to:
a)register in the application only with own personal data;
b)not allow the transfer of registration data to a third party;
c)not transfer its rights and obligations under the agreement to third party (s);
d)in case of transfer of electronic device to third party, delete / cancel the application.
e)do not attempt to enter and / or modify / copy software in the application;
f)not to use the application's logo and / or trademark for its and / or third party's benefit;
g)In case the user's plastic card / bank account is canceled or loses power for any reason and the Company fails to write off a tariff or other charge, the user should notify the Company of such occurrence immediately and not later than one (1) business day following the occurrence replace and/or provide the lessor with alternative bank account/plastic card for further write-off
h)Indemnify the Company for any direct / indirect, material / non-material damage caused by his/her intentional and / or negligent act / omission;
i)In case of any incident and / or disputed case and / or requests of third parties and / or lessor, the User shall be obliged to appear at the Company's office or at the specified location / territory and to cooperate with the Company and / or any person (s) designated by the Company and provide any documentation / information which might be needed for a particular case. The user is also obliged to take all necessary actions at his / her disposal to reduce any costs / taxes that may be incurred by the Company due to the user's actions / omissions. Failure by the User to fulfill the above obligations gives the Company the authority to impose a financial obligation on the user
5.3Company is entitled to:
a)unilaterally change the terms of the agreement by notifying the user through the application and / or any other means of communication;
b)unilaterally change the agreement tariffs;
c)suspend user access to the application and / or disable registration; terminate the agreement with the user on the basis of a unilateral decision;
d)add new services to the app;
e)in case of "g" sub-point of article 5.2 of this agreement, require the user to perform any monetary obligations including cash payments
f)collect, store and process personal information / documentation provided by the user for the purpose of further identifying and improving the service during the term of the contract;
g)under the agreement and application, deduct the service tariff and / or any other expenses / fees from the user's bank account to be paid by the user under the agreement and / or application
h)exercise any of the rights granted to him under the agreement and the legislation of Georgia; Perform any legal action required by the User to perform the obligation not expressly specified in the Contract;
6.1The Company will be released from liability in the event of force majeure circumstance(s).
6.2Force-majeure circumstance(s) are considered to be circumstances that cannot be reasonably considered, including: earthquakes, floods, fires, hurricanes, heavy snow, fogs, drastic changes in temperature, military actions, epidemics, riots, blockades , embargo, electricity failure, banking system / service interruption, and other circumstances which directly affect the Company's performance of contractual obligations.
7. Tariff, other taxes and payment terms
7.1The tariff is determined by the application and covers all taxes provided for by the legislation of Georgia.
7.2The User is entitled to pay the tariff with any plastic card in his/her possession, the data of which is entered in the application by the User.
7.3In order to connect a plastic card to the application, the user must enter the relevant plastic card data in the application and select the button "Remember the card for subsequent payments".
7.4Payment of the tariff shall be effected by means of a non-cash payment - by writing off the tariff from the user's bank account.
7.5Prior to activation of the User in the application, the Company is entitled to deduct a refundable minimum amount - GEL 0.5 (zero point five) from the Account for the purpose of verifying the plastic card.
7.6In the event that the Company fails to discharge the Tariff from the user's bank account, the Company is entitled to apply another payment methods, including requesting the User to make a cash payment, and the User shall be obliged to comply with such request within 1 (one) business day.
7.7In the event that the Company is unable to write off the tariff within 3 (three) business days from the date of payment, the Company is entitled to charge the user with 0.5% of the amount payable (zero point five percent) on each overdue day.
7.8The Company is entitled to charge the User any private, public and / or municipal taxes, charges, penalties, fines, franchises, uninsured risk costs and other amounts directly or indirectly related to User's action / omission under the Contract; The User grants the Company the unlimited power to withdraw the aforementioned funds from his/her bank account without any additional consent; In case of failure to write off such amounts, the Company may use other methods of payment such as cash settlement, etc.
8. Personal data
8.1The User agrees to provide the Company with his personal information for the purpose of providing / improving the Service under the Contract, for the purpose of subsequent inspection, storage and processing.
8.2The consent under article 7.1 of this agreement is explained as the right given to the Company to process personal information subject to the terms of the Law of Georgia on Personal Data Protection.
8.3User's Consent to the Company to obtain, store, process and verify user's personal information (other information provided by the User) is valid for the period of the Agreement.
9. Confidential Information
9.1For the purposes of the agreement any information is deemed confidential that is:
a)during the term of the contract, the Company obtained / received via agreement and / or application on the user
b)is related to the content of this agreement, appendixes and application.
9.2The information is not confidential if it is made public in any other way, except for breach of this agreement.
9.3The Company provides confidential information not to be disclosed except:
a)upon the lawful request of the law and / or the state and / or other regulatory authority;
b)In the event of any write-off and / or settlement problems, the Company may transmit information related to fraudulent and / or litigated transactions to the local and / or foreign commercial bank / financial institutions upon request.
10.1Notifications related to agreement, application, and / or appendixes are sent to user by calling the electronic device, sending a short text message and / or e-mail from the Company
10.2The message sent to the user is considered as delivered from the moment the Company sends it.
10.3In order to avoid any misunderstanding, the Company may, cumulatively or alternatively, choose and use any method of sending notice specified in the Agreement and / or Georgian legislation.
10.4Any messages sent to the Company must be sent in the appropriate form to the contact information provided on the Website.
10.5The message sent by the user is deemed to be delivered from the moment the lessor confirms such message.
11. Transitional Provisions
11.1The agreement is interpreted and regulated by the Georgian legislation.
11.2Any disagreement / dispute over the agreement / appendix (s) / application will be resolved through negotiation. Otherwise, the dispute will be referred to the Tbilisi City Court for consideration. The parties agree that the judgment of the Tbilisi City Court in favor of the Company will be enforced without delay under part 11 of Article 268 of the Code of Civil Procedure of Georgia.
11.3The Company and the User agree that:
11.3.1Registration in the app is free;
11.3.2The User's consent to the use of the App remains valid until the User's cancellation of registration, which in turn does not result in the cancellation of the obligation (s) arising prior to its cancellation;
11.3.3The Application is the property of the Company and any modification, transfer and / or other disposition and / or modification thereof is permitted only by the Company;
11.3.4The provisions of the Agreement shall prevail over any negotiation or agreement between the parties regarding the same subject matter;
11.3.5Unless otherwise stated in the context, the words used in the singular include the plural and plural - the singular;
11.3.6The headings used in the Agreement serve to facilitate the perception of the Agreement and may not affect the form or definition of the Agreement;
11.3.7In the event that any clause or provision of the Agreement becomes void / illegal, such fact shall not result in annulment/illegality of the entire Agreement and / or its’ any part.
11.3.8The Agreement is drawn up in Georgian, English and Russian languages and is available on the Lessor's Website. Page. In case of any discrepancies between languages, text in the Georgian language prevails.