Terms of Use
EV POWER LTD
TERMS OF USE
(Last modified on May 04, 2023)
1. Welcome! Acceptance and Modifications; Contacting Us
Welcome to the EV POWER LTD Website and Application. We thank you for using our Services and are confident that you will find them useful.
By visiting and / or using any of the Services, or signing up for an account, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Services.
In the context of the Application, these TOU may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.
EV POWER LTD reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found in this Application. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a prominent notice on the Websites and in the Application.
The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Services.
If you have any questions about the TOU, please contact:
EV POWER LTD Legal
Postal address: 62 Larnakos, Aglantzia, 2101, Nicosia, Cyprus
Email address: legal@evpower.com.cy
If you have any questions about your purchase, please contact:
Customer Service: +357 700 888 09
-or-
Send an email to :customercare@evpower.com.cy
2. Definitions
These TOU cover the Website and Application of EV POWER LTD, so please refer to the following definitions for clarification:
“Application” refers to the free app for iOS or Android operated by EV POWER LTD, which allows you to use certain of the Services.
The Application also includes any Application updates and upgrades that EV POWER LTD may provide to you or make available, or that you obtain after the date you obtain the initial copy of the Application, to the extent that such items are not accompanied by a separate TOU. The Application may be specified as either “iOS Application” or “Android Application”, for use with respect to the Application’s operating system environment.
“Charging” refers to the use of the supply of electricity from Charging Stations.
“Charging Station” refers to an available station where you may charge your electric vehicle or plug-in hybrid vehicle that is displayed on the Services.
“CPO” refers to the Charge Point Operator. The CPO can purchase, install, own, and operate a charging point(s), or operate them on behalf of third-party owners. “
“Device”” refers to the handheld or tablet device, or any other computing device capable of accessing the internet (such as through your automobile) on or through which you are accessing and using the Services, or portions thereof.
“EV POWER LTD” refers to EV POWER LTD, a Cyprus company registered under the laws of the Republic of Cyprus (ΗΕ 435277) at the address listed below. Where the present TOU refer to “EV POWER LTD” they may refer to EV POWER LTD and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors, and assignees (collectively “Representatives”), depending on the context. Any reference to “we”, or “us” in these TOU shall also refer to EV POWER LTD.
“Services” refer to the entirety of the online services provided to you by EV POWER LTD including the Websites and Application, no matter how they are accessed. The Services available to you may vary depending on your location, your account, how you are accessing them and other factors; however, the present TOU cover any and all of the Services.
In all cases the Services do not refer to the supply of energy, and EV POWER LTD is not engaging in such activity.
“Users” refers to anyone using the Services. In these TOU, a Services User may also be referred to as “you”. When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”.
“Websites” refers to all the Websites which are owned and operated by EV POWER LTD, and includes all their respective subdomains and subpages, present and future. The present TOU cover your visiting or use of any and all of the Websites. The Websites are currently limited to the following:
EV POWER LTD website located at the URL https://evpower.com.cy/
Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.
3. General Code of Conduct for Use of the Services
By visiting and / or using any of the Services, you agree to:
3.1. Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted on the Services by EV POWER LTD;
3.2. Not use the Services in any manner that violates any intellectual property rights of EV POWER LTD or any third party;
3.3. Not use the Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website services.
3.4. Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to EV POWER LTD or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of EV POWER LTD, other Users, or any other third party;
3.5. Not: (1) take any action that imposes or may impose (as determined by EV POWER LTD in its sole discretion) an unreasonable or disproportionately large load on EV POWER LTD’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted through the Services; (3) bypass any measures EV POWER LTD may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner;
3.6. Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services.
3.7. Not use the Services to in any way collect information (whether Personal or not) of any third party or in violation of EV POWER LTD’s Privacy Policy;
3.8. Not interfere with any third party’s use or enjoyment of the Services.
3.9. Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
3.10. Not attempt to do any of the foregoing prohibitions;
3.11. Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Use of the Application
4.1. The Application is licensed, not sold. EV POWER LTD grants you the non-exclusive, non-transferable, non-sub-licensable, limited right and license to download, install and use the Application solely and exclusively for your personal use on your Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application. The iOS App Store or Google Play or any other distributor for apps may be referred to in these TOU as a “Third-Party Application Distributor”.
4.2. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
4.3. You agree that you are solely responsible for (and that EV POWER LTD has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, which EV POWER LTD may suffer) of any such breach. Where a third party uses the Application on your Device with your permission, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility. Where a third-party gains control of your Device without your permission, we strongly suggest taking action (especially a remote wipe or other procedure to lock out your Device) as EV POWER LTD cannot be held responsible for any misuse of, or damage to, your Device (whether in relation to the Application or not) in such circumstances.
5. Privacy Policy and Permissions for the Application
5.1.Our Privacy Policy explains how EV POWER LTD treats your Personal Information (as that term is defined in the Privacy Policy) and protects your privacy when you use Services, including the Application. By installing, accessing, or using the Application or using the Services you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and without notice.
5.2. By installing, accessing, or using the Application or using the Services, you consent to those information collection and usage terms as described in the Policy.
5.3. In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application which are developed by third parties. These are known as “permissions”, and you agree that EV POWER LTD has the right to access the computer code on your Device in this manner and as described in the Privacy Policy.
6. Accessing and Downloading the iOS Application from the Apple App Store, and Related Acknowledgements
6.1. You acknowledge and agree that (i) these TOU are concluded between you and EV POWER LTD only, and not Apple, and (ii) EV POWER LTD, not Apple, is solely responsible for the iOS Application and content thereof. Your use of the iOS Application must comply with the Apple Media Services Terms and Conditions , which you are responsible to review from time to time.
6.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.
6.3. Apple will have no warranty obligation whatsoever with respect to the iOS Application. As between EV POWER LTD and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of EV POWER LTD, or as further specified and limited hereinafter.
6.4. You and EV POWER LTD acknowledge that,
as between EV POWER LTD and Apple, Apple is not responsible for addressing any
claims you have or any claims of any third party relating to the iOS
Application or your possession and use of the iOS Application, including, but
not limited to:
(i) product liability claims;
(ii) any claim that the iOS
Application fails to conform to any applicable legal or regulatory requirement; and,
(iii) claims arising under consumer protection or similar legislation.
6.5. You and EV POWER LTD acknowledge that, in the event of any third-party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property rights, EV POWER LTD, not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim, as specified in section 4 above and elsewhere in this TOU.
6.6. You and EV POWER LTD acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOU as related to your license of the iOS Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the iOS Application against you as a third-party beneficiary thereof.
Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.
6.7. You acknowledge that updates to the iOS Application are subject to the approval of Apple, and EV POWER LTD and its Representatives shall not be held responsible for any losses or damages, direct or indirect, pecuniary, or non-pecuniary, resulting from any delay in the approval of updates by Apple.
7. Accounts, Account Information and Passwords
7.1. Accounts and Account Information
7.1.1. In order to use certain aspects and functions of the Services, you will be required to create an account. Accounts are free and available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU. The information required to create a User account is the following: your email address. The information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “Account Information”. You may also add additional information to your account profile, including your first and last names but none of these are required to use the Services.
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
EV POWER LTD reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.
7.2. Passwords and Logged-in Users
As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. EV POWER LTD and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary, or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
8. Application Account
Introduction
The Application includes the “Account” function, which allows Logged-in Users to add funds to the Account and pay for Charging of their vehicle at Charging Stations, as described more fully in this section of the TOU. By using this function, you are subject to this section of the TOU.
8.1. Your Account
As a Logged-in User, you will have the option of adding funds to an Account in your name in order to make payments for Charging your vehicle from Charging Stations. The funds added to your Account are held in trust in your name.
You must be at least 18 years of age to use the Services.
8.2. Billing Information and Payment Processing
In order to make payments into your Account, you will be required to enter the following information credit card number, credit card expiry date and card security code (CVV) In these TOU or the Privacy Policy, this information shall be referred to as “Billing Information”.
You must provide a telephone number and email address so that we can communicate with you about if required.
Payment processing for payments to add funds to your Account is handled through the third-party payment processor or payment acquirier. Once transactions are accepted, they are processed in accordance with third-party payment processor‘s rules and procedures and Terms of Use. EV POWER LTD and third-party payment processor are unaffiliated companies and EV POWER LTD has no influence on the operations of third-party payment processor. EV POWER LTD and its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary, or otherwise, resulting from any error or failure on the part of third-party payment processor. PayPal, Apple Pay, and Google Pay may also be referred to as Third-Party Payment Processors in these TOU.
Once transactions are accepted by the Third-Party Payment Processor or Payment Acquirer, they are processed in accordance with their program rules and procedures and Terms of Use.
Any information collected by the Third-Party Payment Processors, on their own secured servers is their responsibility. EV POWER LTD does not have access to any other financial information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of any Third-Party Payment Processor.
8.3. Adding Funds to Your Account
Funds in your Account are in Euros. When adding funds to your Account you may choose the amount of funds to be added. You will receive an email confirmation upon your funds being successfully Topped Up, indicating the amount of funds added and the current balance in your Account. You can always check the balance in your Account through the Application at any time. If you have added funds by mistake or if you have been gifted funds, no refunds are possible.
8.4. Pricing and Charging Fees
Prior to Charging, the price for Charging your electric vehicle, or the method used to calculate the price for Charging, will be displayed in the Application. Once your Charge is finished and the final price is determined, it shall be displayed in the Application (the “Charging Fee”).
The Charging Fee is firm and in the native currency of the location of the charging station (the “Charging Fee Currency”) and shall include any other additional fees and/or all applicable taxes that are required by law from time to time. Some Charging Stations charge a fee based on the state of Charge of your vehicle. It is your responsibility to monitor your state of Charge to avoid extra fees (e.g., overstay fee, connection fee) charged by the Charging Stations that are unrelated to the Charging Fee.
EV POWER LTD takes no responsibility for any other fees charged by the Charging Stations or by any other third party. Upon completion of the charge, you will receive an email confirmation of the amount withdrawn from your Account and the remaining balance in your Account.
Prices and charges for Charging are displayed in the Application
The Customer acknowledges and accepts that it is his responsibility to check the prices and charges for Charging before beginning the process of Charging an electric vehicle.
8.5. Payment Methods
The available payment methods for the Charging from the Charging Stations are the following:
8.5.1. Adding funds (or “Top Up”) to your Balance: with this payment method you agree that by using the Application and completing the Charging process, EV POWER LTD is authorised to withdraw from your Balance the amount set out as the Charging Fee in the charging summary section. Upon completion of the Charge, you will be issued an invoice for the Charging Fee and receive an email confirmation of the amount withdrawn from your Account and the remaining balance in your Account.
The Charging Session is automatically stopped once the user's balance falls below €3.00. This is to make sure that any connection fees are covered. The Charge cannot proceed without any funds in the balance.
8.5.2. Ad Hoc payments charged to your bank card: with this payment method you agree that by using the Application and completing the Charging process, EV POWER LTD is authorized to pre-authorize your bank card with the amount equal to the price per kWh x 100 (the “Charged Amount”). If the Charging Fee is less than the amount of Charged Amount, EV POWER LTD will release back into your account the difference between the Charged Amount and the Charging Fee. Upon completion of the Charge, you will be issued an invoice for the Charging Fee.
8.6. Refunds
If funds were added by mistake to your Account, or if you wish to receive a refund of the funds you added to your Account with your bank card, the applicable leftover balance cannot be refunded back to you. All sales are final.
9. Proprietary Rights and User Content Rights
9.1. Intellectual Property Rights
You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) EV POWER LTD and/or third parties (via license) own all right, title, and interest in and to the Services and content that may be presented on or accessed through the Services, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to EV POWER LTD and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide whether registered or not.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented on or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter EV POWER LTD’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
The content, arrangement and layout of all of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to EV POWER LTD, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of EV POWER LTD, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio, or trademarks found on or in the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and EV POWER LTD may take action accordingly.
The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.
9.2. Submitted Information
If you choose to communicate to EV POWER LTD (via any means) suggestions for improvements to any of the Services or EV POWER LTD’s business generally (collectively, “Feedback”), EV POWER LTD shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to EV POWER LTD and waive in favour of EV POWER LTD, its successors and assigns all your moral rights in the Feedback, and agree to provide EV POWER LTD such assistance as EV POWER LTD may require to document, perfect, and maintain EV POWER LTD’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to EV POWER LTD, you are not entitled to any compensation or reimbursement of any kind from EV POWER LTD under any circumstances.
10. Interruption of Service
From time to time the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, EV POWER LTD and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary, or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
11. Suspension or Termination of your Account; Termination of the Services and the TOU
You agree that EV POWER LTD, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials or otherwise suspend or terminate your access to the Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if EV POWER LTD believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.
EV POWER LTD may also, in its sole discretion and at any time, discontinue providing the Services, or any portion thereof, with or without notice. You agree that EV POWER LTD or its Representatives shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from EV POWER LTD’s termination of the Services, or any portion thereof.
You may also choose to terminate your access to the Services by cancelling your account through the Application by selecting "Remove account".
With the cancellation of your Account, any funds remaining in your Account cannot be refunded back to you.
Termination of the Services or your access to the Services shall terminate the present TOU as between you and EV POWER LTD. All provisions of these TOU which by their nature should survive termination, including without limitation intellectual property provisions, disclaimers, indemnity, and limitations of liability.
12. External Links
12.1. General External Links
From time-to-time EV POWER LTD may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOU. When you access third-party resources on the Internet in this manner, you do so at your own risk. EV POWER LTD provides those links as a convenience to you and EV POWER LTD takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. EV POWER LTD does not make any claim or warranty whatsoever about the content of those websites or services to which we link or services available through those websites (whether for free or for purchase) or the third parties operating those websites.
In no way will EV POWER LTD or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
12.2. Use of Google Maps
The Services make use of the Google Maps Platform for numerous functions, and when you use the Services Google Maps may be opened from a link in the Services. Your use of Google Maps in the Services or on its own is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy which we encourage you to read.
13. Disclaimer of Warranties
You expressly understand and agree that your use of the Services, the information or material thereon (whether provided by EV POWER LTD or third parties) or any activity arising from your use of the Services or the information thereon (including but not limited to your Charging at a Charging Station) or the materials streamed or downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Services or the information thereon (including but not limited to your use of a Charging Station) or any materials downloaded therefrom.
The information or resources provided through the Services, written or produced by EV POWER LTD staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information on the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and EV POWER LTD and / or its Representatives shall not be responsible for any loss or damage, direct or indirect, pecuniary or otherwise, resulting from changes or errors in information, or any omission, on the Services.
EV POWER LTD expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. EV POWER LTD and its Representatives do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; (iv) functionalities of the Services will be available or will work equally in desktop and mobile environments, or on different Device types; or (v) the results of using the Services, or any activity arising therefrom (including but not limited to your use of a Charging Station), or any content downloaded therefrom will meet your requirements.
14. Limitation of Liability
To the extent permitted by law, EV POWER LTD shall not be liable and assumes no responsibility for any loss or damages whether pecuniary or otherwise arising from or relating to the information available through the Services or downloaded therefrom, the use of the Services, activities arising from your use of the Services (including but not limited to your use of a Charging Station).
EV POWER LTD shall not be liable for any third-party materials on the Services or available through the Services. The EV charger or Charge Point (e.g., hardware, apparatus, tent, shade, structure) is the responsibility of the respective CPO of the respective Charge Point.
EV POWER LTD shall not be liable in case of loss or damage caused by external factors (e.g., theft, fire) on your vehicle during its stay at the Charge Point premises.
To the maximum extent permitted by law, in no event will EV POWER LTD or its Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Services or your use, misuse or inability to use the Services, even if EV POWER LTD has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
15. Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by EV POWER LTD or its Representatives, you agree to indemnify, defend and hold harmless EV POWER LTD and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Services or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your use of a Charging Station), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.
16. Dispute Resolution
17.1. In the event of a dispute between the Customer and the e-charge Service Provider, the Contracting Parties agree to initially seek to resolve the dispute between them.
17.2. If the aforesaid attempt fails then the Contracting Party that considers that it has been wronged, may address and use the alternative dispute resolution services of a third party, as provided in the Alternative Consumer Settlement Law of 2017 (Law 85(I)/2017), which has incorporated the provisions of Directive 2013/11/EU into National Law.
17.3. The Contracting Parties may contact the competent Consumer Dispute Resolution Agencies, as announced on the website of the Consumer Protection Service of the Ministry of Energy, Commerce and Industry from time to time.
17. Governing Laws and Jurisdiction
These TOU, and your use of the Services shall be governed by and construed in accordance with the laws of the Republic of Cyprus applicable therein in force at the time without regard to conflict of law provisions. Without limiting the generality of the foregoing governing law, EV POWER LTD’s practices with respect to the Services are designed to be in conformity with Cyprus’s Consumer Protection Law of 2021 (Law. 112(I)/ 2021), and its related regulations.
You agree that any legal action or proceeding between you and EV POWER LTD shall be brought exclusively in the courts located in the Republic of Cyprus. Notwithstanding the foregoing, EV POWER LTD shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the District court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the District court.
18. Miscellaneous Provisions
18.1. The TOU, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and EV POWER LTD with respect to your use of the Services, superseding any prior agreements between you and EV POWER LTD, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these TOU. Your use of the Application is also subject to the terms of the Third-Party Application Distributor you used to download the Application.
18.2. EV POWER LTD shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond EV POWER LTD’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
18.3. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
18.4. The failure of EV POWER LTD to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to EV POWER LTD.
18.5. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
18.6. The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language.
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