Terms of Service

UAB ELDRIVE LITHUANIA

GENERAL TERMS AND CONDITIONS

(version of 1 October 2024)

‍

1. GENERAL PROVISIONS

1. These General Terms and Conditions apply when you: (i) visit and use the Eldrive website https://eldrive.eu/; (ii) use the Eldrive mobile app; (iii) register your account on the Eldrive mobile app; (v) use electric vehicle charging services; (vi) use other services provided by Eldrive through your account (the following services are collectively referred to as the Services). 
2. Before using our Services, you must read and agree to be bound by these Terms, our Privacy Policy and other documents. If you do not agree to these Terms and other mentioned documents, you may not use the Eldrive Services or create an account on the mobile application.

2. DEFINITIONS

1. Rules - means these General Terms and Conditions, as supplemented and amended from time to time.
2. Eldrive or We - UAB "Eldrive Lithuania", legal entity code 305829082, address Aukštaičių str. 7, LT-11341 Vilnius, Republic of Lithuania, e-mail info@eldrive.lt, phone +370 664 44505.
3. Customer or You - a natural person who has duly registered on the Mobile App and expressly accepted the Terms and/or who uses the Eldrive Services.
4. Electric vehicle' - means a motor vehicle equipped with a powertrain, having at least one non-external electrical energy converter with an electrically rechargeable energy storage system that can be charged externally.
5. Electric Vehicle Charging Station means an electrical engineering installation with one or more Electric Vehicle Charging Accesses and a common user identification interface included in the network of charging stations managed by Eldrive.
6. Electric Vehicle Charging Access - an Electric Vehicle Charging Interface that allows you to charge one Electric Vehicle at a time.
7. Website - Eldrive's website, which can be accessed at https://eldrive.eu/.
8. Mobile App - a mobile application operated by Eldrive which enables each properly registered Customer to access its content free of charge, including information about the selected EV Charging Station included in the EV Charging Station infrastructure operated by Us. The Mobile App provides information on the location, capacity, type, number of EV charging bays, available capacity and the cost of the charging service provided by the selected EV charging bay. In the Mobile App, the Customer can manage his/her account settings, view payment information, etc.
9. Charging Session - the period of time during which charging of the Electric Vehicle is initiated, measured in terms of the time between the connection of the Electric Vehicle to the Electric Vehicle Charging Station and the disconnection of the Electric Vehicle from the Electric Vehicle Charging Station.
10. Gift voucher - a special electronic document with a unique code that, when added to an Account, entitles you to use the Charging Services for the amount specified in the gift voucher. The Gift voucher may have a limited validity period and special conditions for its use on a case-by-case basis.
11. Discount Code means a special combination of letters and/or numbers/characters that provides a discount for payment for the Services. The discount code may have a limited period of validity and special conditions for its use in each case.
12. RFID key - a personal identification tool of the Customer, operating at radio frequency. Each Customer has the option to order an RFID key (in the form of a card or token) which provides remote identification and access to the Services.
13. Account - the Customer's personal electronic account on the Mobile App.
14. Privacy Policy - a document informing our Clients about the basic principles of personal data processing and the implementation of data subject rights. The Privacy Policy is published on the Website https://eldrive.eu/lt/privacy-policy/ and can also be found in the Mobile App under "About". 

‍

3. REGISTRATION AND ACCOUNT 

‍

1. To use the Mobile App, you must download it from Google Play or the App Store (depending on the operating system supported by your smartphone) and create an Account there. 
2. To create an Account, you must: 1) fill in the registration form on the Mobile App with the details requested in the form: 2) familiarize yourself with the Terms and Conditions, the Privacy Policy and other information required to be made available; 3) express your consent to the Terms and Conditions and other documents by ticking the appropriate check boxes; 4) agree or disagree to direct marketing messages by ticking the appropriate check boxes; 5) attach your payment card details. 
3. You may use the Account free of charge and for an unlimited period of time until you have duly fulfilled your obligations under the Terms. You may either delete your Account at any time or contact Eldrive by email at info@eldrive.lt or by phone at +370 664 44505 to have your Account removed. Please note that your Account will not be deleted if you have not paid in full for the Services provided to you. If you do not use your Account for 3 consecutive years, as set out in the Privacy Policy, we have the right to remove your Account. Upon removal of Your Account, We will delete Your personal data in accordance with the provisions set out in the Privacy Policy.
4. Account login details are only given to a specific natural person, and You must keep these details secure and not disclose them to anyone else. All actions performed through Your Account shall be deemed to have been performed by You.
5. You must inform Eldrive immediately if You lose Your login details (login name and/or password) and/or if they become known to third parties. Eldrive undertakes to provide You with new login credentials and/or to block your Account, as the case may be, without delay and within 1 (one) business day at the latest. 
6. If You provide false, incomplete or inaccurate information, Eldrive shall have the right to immediately and without notice to You do any or all the following: (i) refuse to register You on the Mobile App; (ii) terminate Your registration; or (iii) limit or suspend all or part of the provision of the Services. 
7. We may refuse to approve Your Account if it is determined that You have provided incorrect details when registering on the Mobile App or if You have registered in deliberate breach of the Terms. We may also cancel Your already approved Account if there are reasonable grounds to believe that You are using the Mobile App in material breach of the Terms, or if You damage Eldrive's property (EV Charging Stations), commit fraud, or maliciously fail to pay for the Services, or otherwise violate Eldrive's rights.

‍

4. PROHIBITED CONDUCT AND LIABILITY

‍

1. You undertake: 1) to provide only correct and up-to-date data when creating an Account; 2) to update immediately any changed data, which You can modify using the Account settings; 3) to use the Website and/or Mobile App in accordance with the Terms and without interfering with their operation; 4) not to take any action that violates or seeks to violate the security of Eldrive's system and/or network; and 5) to use the Services in accordance with the Rules and the requirements of Republic of Lithuania legislation. 
2. If You breach the obligations set out in clause 4.1, We reserve the right to terminate Your Account or restrict Your access to Your Account until the breach has been remedied and/or damages have been paid. 

‍

5. MOBILE APP FUNCTIONALITY

‍

1. Once You have created an Account, You can: 1) search and filter the nearest EV charging stations according to the criteria you choose; 2) monitor the availability of EV charging stations in real time; 3) monitor the charging progress in real time; 4) start and stop a charging Session at the selected station; 5) use the automatic charging start function at fast charging stations; 6) receive notifications about the end of the charging Session and other important events; 7) choose the desired payment method and access payment information, and use other additional features of the Mobile Application.  
2. In Your Account, You can access all information about Your use of the Services, payment history, charging session times, etc. You can also edit the personal data provided in Your Account at any time.

‍

6. RFID KEY AND HOW TO ORDER IT

‍

1. You can initiate Charging Services via the Mobile App, but if you wish, you can purchase an RFID key from us free of charge, which will allow you to initiate Charging Services without using the Mobile App (but you must have an Account in the Mobile App). If you wish to order an RFID Key (in the form of a card or token) you can do so by placing an order for an RFID Key in the Mobile App. 
2. We shall not be liable for the loss and/or misuse of the RFID Key or for any loss or damage suffered by you as a result of the loss and/or misuse of the RFID key. In the event of loss of the RFID key, you are responsible for blocking it yourself using the Mobile App, and if you are unable to do so, you must notify Eldrive immediately by email at info@eldrive.lt or by phone at +370 664 44505 and we will block the RFID key for you. Upon receipt of your notification of a lost RFID key, the lost RFID key will be blocked immediately, but no later than 2 (two) working days from the date of notification. You shall at all times be liable to pay for the Services provided prior to the time of blocking of the RFID key. Once the RFID key has been blocked, you may order a new RFID key in the normal way.

‍

7. AUTOMATIC CHARGING START 

‍

1. The "Automatic Charging Start" feature in the Mobile App enables Customers to start and stop Charging sessions at Fast Charging Stations on the Eldrive network (DC stations - CCS connections only and exclusively) by connecting the Electric Vehicle's Charging Connector to the Electric Vehicle without the need for additional confirmation via the Customer's Account in the Mobile App or via an RFID key. The above feature does not remove the possibility to start or stop a Charging Session in the standard way using the Mobile App or RFID key. It should be noted that in order to use the Automatic Charging Start feature, you must subscribe to it by emailing info@eldrive.lt and indicating that you wish to activate this feature, identifying the specific Electric Vehicle, and the email address with which you are registered in the Mobile App. Eldrive will process your request within a maximum of 2 (two) working days and will inform you of the activation or non-activation of the feature via the email address you have provided. 

‍

8. GIFT VOUCHERS

‍

1. The Gift voucher is assigned to Your Account by entering its unique code in the Mobile App. In order to use the Services for the amount specified in the Gift voucher, You must select the payment method in Your Account to pay for the amount of the Gift voucher assigned to Your Account before You start the Charging Session. If the balance of the Gift voucher amount is depleted while the Charge Session is in progress, the Charge Session will be terminated and must be restarted by selecting a different payment method. It is not possible to initiate a Charging Session with an RFID key using a Gift voucher. 
2. Upon expiry of the activation or validity period, the balance of the Gift voucher will be cancelled and will not be refunded by Eldrive. The Gift voucher is not redeemable for cash or another Gift voucher.

9. DISCOUNT CODES
   1. The value of the Discount code is assigned to the Customer's Account after entering the code in the Mobile App. The expiry dates of the values granted by the Discount codes attached to the Account are also indicated in the Mobile App. A Discount code that has already expired shall not be renewed and shall not be refunded. The Discount Code is not convertible into cash.
   2. In order to use a Discount code, You must select the payment method in Your Account before the start of the Charging Session, which will be the payment method based on the amount of the Discount code assigned to your Account. If the balance of the amount allocated by the Discount code is depleted while the Charging Session is in progress, the Charging Session will be interrupted and must be restarted by selecting another payment method. It is not possible to initiate a Charging Session with the RFID key using the Discount code.
10. ELECTRIC VEHICLE CHARGING STATIONS
    1. By initiating a Charging Session for an Electric Vehicle through Your Account or by using an RFID key, You agree that the Charging Service provided by Eldrive will be initiated at Your request and that Eldrive will debit Your payment card for the Charging Service in accordance with the applicable Eldrive price list published on the Mobile App after You have properly terminated the Charging Session. 
    2. At the beginning of each session, You guarantee that the payment card You are using is not blocked and is valid and has sufficient funds to make payments. If Eldrive is unable to charge Your payment card for the Charging Services (due to invalidity of the payment card, insufficient funds or otherwise) Eldrive shall be entitled to restrict Your further use of the Charging Services until You have settled all outstanding amounts due for the Charging Services.
    3. Before You start using the Electric Vehicle Charging Station, You must ensure that the charging of the Electric Vehicle is started and completed properly, in accordance with the Terms and Conditions and the instructions for use of the Electric Vehicle Charging Station, which you undertake to read. Such instructions are set out in the Mobile App and/or the Electric Vehicle Charging Station. If You notice that the EV Charging Station is damaged or otherwise defective, you must notify Eldrive immediately and not use the EV Charging Station. If You use a clearly damaged or otherwise defective Charging station and suffer a loss, Eldrive will not be liable for any such loss.
    4. In order to ensure that the Charging Services are being provided properly, You must check the information displayed on the screen of the EV Charging Station and ensure that the battery of the EV being charged is compatible with the relevant EV Charging Station, and that the EV can be charged at the selected EV Charging Station in accordance with the applicable EV Charging Standards, which You can view using the filters provided in the Mobile Application. By these Terms, you agree to use the Services in good faith, to use the EV Charging Stations as intended and to protect them from damage or destruction.
    5. If You cause damage to the Electric Vehicle Charging Station as a result of Your intent or failure to comply with the Rules, you will be liable to pay compensation. 
    6. After each Charging Session, Your Account will provide You with information about Your Charging Session and the amount payable for the Services provided.
    7. At the end of the Charging Session, You undertake to leave the Chargers at the Electric Vehicle Charging Station in an orderly manner, making sure that they are put back in place as indicated on the Electric Vehicle Charging Station.

11. PRICE AND PAYMENT OF SERVICES

‍

1. Registration in the Mobile App is free. Only Charging Services are subject to a fee, the prices of which are unilaterally set by Eldrive and made available to Customers in the price list available in the Mobile App by selecting a specific EV Charging Station.
2. The provision of the Charging Service shall commence from the moment You connect the Electric Vehicle to the Electric Vehicle Charging Station and initiate a Charging Session, in accordance with the rules set out in the Rules and with proper identification in the Mobile App, and shall continue until the Charging Session is suspended in the Mobile App. The price for the Charging Service is per KWh charged. 
3. The final amount payable for the Charging Services shall be calculated based on the amount of KWh charged as well as the type of EV charging station. The exact prices are set out in the Mobile App in Euros including VAT. The amount due will be automatically debited from Your payment card immediately in the Mobile App. The Parties may agree on other payment methods and procedures by separate written agreement.
4. By creating an Account on the Mobile App and agreeing to the Terms, You expressly and unconditionally consent to Eldrive charging the price of the Services provided to You directly to Your payment card in the Mobile App.
5. In the event of the expiry of the payment card or in the event of a shortage of funds, You are required to pay Eldrive for the Charging Services within 7 (seven) calendar days of the unsuccessful debit notification received to your email address. If you fail to pay Eldrive within the specified period, we have the right to immediately terminate the Services and block Your Account without any separate notice. 
6. We have the right to initiate enforcement proceedings if You fail to pay the debt within the time limits set out in the Terms.  
7. On the 5^th to 15^th day of each calendar month, a receipt containing the details of the Charging Sessions is sent to the Customer's email address provided during registration.
8. We have the right to unilaterally change the fees for the Services and the payment procedure at any time. You can always find our current fees on the Mobile App.
9. If you are late in paying for the Services in accordance with the Terms, You shall be charged interest at the rate of 0.05% on the amount of the unpaid balance for each day of delay. Eldrive also has the right to suspend Your access to the Services until the outstanding amounts due for the Services previously received have been settled. In the event of an outstanding debt, You shall also be liable to pay all costs incurred by Us in connection with the collection of the debt, if any.
10. If, due to technical difficulties or other circumstances beyond Your control, Your payment card has been overcharged for a Charging Session or in the event of a billing error, You must notify Us as soon as possible using the contact details set out in these Terms. We will, after assessing the validity of the referral and determining that You have been overcharged for a Charging Session, refund the resulting overcharge to Your nominated bank account or, at Your option, provide You with a credit limit for further Charging Sessions. 
11. Charging points for electric cars can be located in areas where parking is charged. In this situation, You are responsible for paying the costs at Your own expense. Any disputes regarding administrative fines imposed for improper parking of an Electric Vehicle shall be settled directly between You and the third party. 
12. Eldrive uses the Worldline Global payment collection system to process payment cards. By agreeing to these Terms and Conditions, the Customer automatically agrees to Worldline Global's Terms and Conditions of Use, which can be found at https://worldline.com/content/dam/worldline/local/en-gb/documents/merchant-services-uk/116260102_TC_GTC_General_Terms_Conditions_GBR.pdf.  We ensure that the data You provide relating to Your payment card is not stored in the Mobile App and will not be accessed by Eldrive (the data relating to the Customer's payment card is only processed and stored by Worldline Global).

12. RESPONSIBILITY

1. Eldrive cannot be held liable in the event that you choose an unsuitable EV charging station for your EV, if there are insufficient chargers available at a given time, or if there is a technical fault. Eldrive endeavors to provide the Services to you in a smooth and uninterrupted manner, but does not warrant that the Services will be available on a continuous, timely basis or without any errors or interruptions.
2. Updates to the Mobile App are performed centrally for all Customers, so it is not possible to request that the Mobile App software not be updated for a particular Customer.
3. We are not responsible for malfunctions, errors, malfunctions of the Mobile App or malfunctions of third parties (e.g. bank, communications provider, electricity distribution provider, etc.).
4. Eldrive shall not be liable for any damage suffered by You if the RFID key is damaged, lost, stolen or misused by a third party and You have not notified Us of the incident and/or if You use the Services outside the Terms.
5. Under no circumstances will Eldrive be liable for any consequential damage caused to You and/or Your property in connection with the provision/use of the Services (to the extent permitted by applicable law). Eldrive shall only be liable for damages that are direct and arise from Eldrive's breach of the Terms or mandatory provisions of law.
6. We have the right to suspend or terminate the Services at any time without prior notice to You if we have reasonable grounds to suspect the accuracy of the information provided by You, or if You have committed any breaches of the Mobile App and/or the Electric Vehicle Charging Station, or if You are using the Services fraudulently. In this case, we have the right to claim compensation from You for the damages You have suffered and/or to notify the competent authorities of Your potentially unlawful actions.

13. PERSONAL DATA

1. Eldrive respects Your privacy and complies with the law, and therefore acts as a data controller in relation to the personal data You have provided during registration when processing Your personal data. The terms of the processing of personal data by Eldrive are set out in the Eldrive Privacy Policy.
2. Before using the Services, You must read our Privacy Policy at https://eldrive.eu/lt/privacy-policy/. If you do not agree to its terms, You may not use the Services.

14. CHANGING THE RULES

1. These Terms may be amended for objective reasons upon 3 (three) business days' prior notice to You by email from Eldrive. The new Terms will come into force 3 (three) working days after the date of the notice sent to You by email. After the effective date of the changes, you will only be able to use the Services if You have read and agreed to the Terms (by ticking a special check box in the Mobile App). The current and valid version of the Terms is always available on the Website and the Mobile App.

15. FINAL PROVISIONS

1. These Terms and the provision of the Services shall be governed by the laws of the Republic of Lithuania.
2. You have the option to resolve disputes with Eldrive electronically, without going to court. You must first contact Eldrive in writing and within 14 (fourteen) days of receipt of Your claim, if We do not respond to Your claim or do not satisfy Your claim, You may contact the out-of-court consumer disputes body, i.e. the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, phone: +370 52626751, website: www.vvtat.lt), or to its territorial units in the counties, or fill out a request form on the EGS platform at http://ec.europa.eu/odr/.
3. Eldrive may assign all of its rights and obligations under these Terms without Your consent, provided that such assignment does not adversely affect Your position under these Terms. You may not assign or transfer any of Your rights and obligations under these Terms without Eldrive's prior written consent and any unauthorised assignment of such rights and obligations shall be void.
4. If any provision of the Rules is contrary to the laws of the Republic of Lithuania or becomes partially or wholly invalid for any reason, it shall not invalidate the remaining provisions of the Rules.
5. You acknowledge that You understand that by accepting these Terms, a contractual relationship will be entered into between the Parties and that these Terms will become a legally binding agreement between the Parties. The Customer’s acceptance of these Terms will be deemed to be the Customer’s signature with legal effect.
6. The content of the Mobile application, i.e. text, graphics, images, trademarks, logos, etc., is protected by copyright and other laws of the Republic of Lithuania and the European Union. Unauthorised use of such content may infringe the rights of authors, trademark owners and other rights protected by law. You may not sell, modify, reproduce, display, distribute, create derivative works from or otherwise use the content of the Mobile application in any way and/or for any public or commercial purpose. You may not use the Mobile application Content on any other website or networked computer environment for any purpose.
7. Ampeco LTD, legal entity code 205394857, registered at 36 Dragan Tsankov Blvd., entrance A, 5th floor, Sofia 1113, Bulgaria, holds the exclusive license to the Mobile app and all intellectual property rights in the Mobile app.

‍