Terms of Service
This document sets out the terms and conditions (the “Terms”) between Power Dot – HORIZON DISTANCE SA., registered in Rua Sant’ana a Lapa 148, Tax registered number 514790342, our successors and permitted assigns (“WE”, “US”, “OUR”) and You (“You”):
(i) When, as an EV Owner, You engage Our Service in connection with Your EV Fleet; (ii) When, as an EV Driver, You register and use OUR App in connection with registered access and use of Our Power Dot© Network
HEREINAFTER collectively and instinctively referred to as OUR “Service” to which, these Terms and Conditions apply.
You acknowledge that You have read and understood these Terms and Conditions, and that You agree to be bound by them.
If You do not agree to be bound by these Terms and Conditions, you must not use Our Service.
Acceptance of Terms Your use of the Service is subject to the herein Terms. Except as specified herein, these Terms apply to any use by YOU of the Service.
By engaging the Service as an EV Owner and using the Service through/as an EV Driver, You confirm that You agree to these Terms, the
You should print out a copy of the Terms or save them to your computer for future reference provided however that our digital records associated with the engagement of a Service shall serve as sufficient evidence for contractual purposes.
WE reserve the right to change these Terms at any time. Any amended Terms will be integrated herein from time to time effective as of the date of its posting provided however that the version applying to You will be that one in force as at the date when You engaged the Service from Us.
Your continued access and use of OUR Service implies reinstatement of Your acceptance to the Terms as amended and in force from time to time.
Applicable from August 20th, 2019.
When used on these Terms and/or at OUR App the following words and expressions have the following meaning:
APP – means Power Dot’ iOS and Android Mobile app available for download from Google Play and Apple Store with which YOU as an EV Driver may access and register so as to access the EPD or the EPS.
Data – means any and all personal data of an individual subject whether identified or identifiable.
EV – means a motor vehicle licensed for use and circulation on public roads which energy source is electricity (stored in an on-board
battery or batteries) registered with US by an EV Owner for the use of the Service;
EV Driver – means a registered user of Our APP being lawfully admitted to driving the EV Owner’s EV as designated and registered with Us by the EV Owner;
EV Owner – means the person or entity being an UBER® business partner, THEREBY qualifying to enter into a
business relationship agreement with US for the exclusive use of Our Service;
Price means the pay-per-use price payable by the EV Owner in consideration of EV Driver’s usage of the Service, namely the use of Power Dot© Network’s equipment;
Payment Business Partner means a third-party financial partner of Power Dot© – presently being “Stripe” – engaged with the processing of online secure payments including credit card (Visa, Mastercard) payment processing;
PPS – is the acronym for Power Dot PIT-Stops which are EV charging units operated by US in existing designated parking lots;
Power Dot© Network- means the privately held field premises of conditioned access managed by Us as part of the Service delivered to You in which certain Electric Power Dots (“EPD”) or Electric Pit-Stops (“EPS”) are hosted as well as certain other services (subject to availability and depending on location) are provided on a “on-demand” pay-per-use basis, including vacuum cleaners, self-washing machines, tire pressure units, water supply units, resting areas, vending machines, resting/recovery areas;
Service – means the Power Dot© Service provided to EV Owners (i) directly at the EV Owner’s Portal and (ii) through the actual recorded use of the Power Dot© Network by EV Drivers;
Working Day means a day other than a Saturday or a Sunday on which trading banks are open for business in Portugal;
- Service Users
The Service as well as OUR app are intended for 18+ (whether in Google Play and Apple Store) only.
Minors (as such are defined pursuant to the laws of Portugal) shall not be admitted to engage, access and use the Service. If You contribute or otherwise provide Your Data
for the purposes of registering at the APP and/or engaging the Service, You must be of age according to Your personal laws and in general You must not be under the driving age of 18 (eighteen). Without prejudice from the aforesaid, Guardians should remain vigilant at all times of Minors and shall be fully liable for their unsupervised activity where Minors may fraudulently impersonate a person of age and purchase and/or access the Service from US.
A Guardian (if applicable), shall defend and hold US indemnified and harmless from any consequences arising from the engaging and/or access and/or use of the Service by a Minor that may be under Your parental control, guard and/or custody.
Natural People, as well as companies, corporations and any other collective persons should adopt measures and controls to supervise internet activity involving them by whatever means (if any).
PLEASE BE ADVISED THAT WE do not verify or validate the existence (whether natural or legal) of any entities, their status, age, nor by
any means control their professional references or criminal background nor do WE check representation rights of anyone claiming to act as a legal representative of someone else, whether a natural person or any institution, corporation, company, association or any other form of collective person.
- Service Description
The Service is not available to the public and is not oriented to general public.
The Service is B2B exclusively intended.
Presently the Service is exclusively reserved to Uber® professional business partners operating in Portugal.
A Contract for the use of the Service is entered into by Us and the EV Owner. There’s no contractual relationship
whatsoever being by and between Us and the EV Drivers.
An EV Owner may enter into a valid contract with Us to access and use the Service and then, at its sole risk and liability to Us and/or any third parties, designate EV Drivers for the actual use of the Power Dot© Network Service.
Designated EV Drivers may use the Service only when they register at Our App and are granted an RFID Card.
Service implies that EV Drivers are monitored for their use of the Service so that EV Owners are charged the right Price in consideration of such use.
We will try at all times to ensure access to the Service in terms of enabling EV Drivers and EVs to access the Power Dot© Network facilities.
Notwithstanding the latter said, We may at any time and without pre-notice:
(i) suspend or refuse access to the Service; and
(ii) suspend or alter the terms of usage of a cost-free service.
We will endeavor to keep Service as free from any faults, errors or defects as possible.
Considering that WE are not electricity providers and are not in the business of power supply WE do not guarantee and are under no obligation to ensure the availability, compatibility or performance of any power supply nor power providing service.
Our Business Partners will make sure that any equipment installed at the Power Dot© Network premises complies will all relevant statutory requirements and appropriate industry safety standards.
We take no responsibility for the consequences of non-performance, defective performance or non-conformity of any and all equipment or their components whenever they are supplied, installed
and/or maintained and upkept by Our Business Partners.
Our liability – as a Service Provider and Business Facilitator, only is limited to that of taking reasonable practicable steps to remain vigilant and informative to users so that (i) the health and safety risks potentially arising from the use of such equipment (if possible) are eliminated or (if this is not possible) minimized; (ii) that clear instructions of use are displayed; (iii) that YOU know who and how to contact if needed.
The Service depends on Your registration at the MEDIA – i.e. the App and the Portal, respectively and quality (accuracy) of Service provided depends on the Data that You upload.
Without true, updated, accurate Data the Service may not be provided to You adequately.
Your Name, contacts, VAT number, home address, EV model and license plate, credit card data as well as the information on Your designated EV Driver(s) are essential for the Service to be processed and paid for. Other Data pertaining to Your interests, preferences, professional background or motivations may be collected to bring You a more relevant USER Experience.
The Data that You provide to US is managed on a cloudbased basis by OUR Cloud Business Partner from both physical and virtual infrastructure spots located whether within and outside the European Union (including the United States of America and Switzerland).
We may be able to retrieve Your Data from our database upon request to Our Business Partners provided however that completion of removal or deletion may be delayed for reasons beyond Our control.
You acknowledge and agree that certain other information concerning the use of the Power Dot© Network premises may have to be collected from EV Drivers onsite so that Service may be accurately measured and charged. However this information is
associated to an RFID Card and an EV Vehicle and is not to be regarded as EV DRIVER’S personal data.
You shall use the Service at Your sole risk and sole judgement and criteria. Neither We or Our Business Partners may take any liability for the use of Service other than pursuant to these Terms.
You must take all reasonable efforts to make sure that you follow the instructions that are displayed on or near the Power Dot© Network premises. These instructions may change at any time and it is your responsibility to make sure that you follow the instructions that are displayed.
PLEASE REFER TO THE APP FOR SOME PRACTICAL TUTORIALS AND INFORMATION ON HOW TO USE CERTAIN EQUIPMENT AND SERVICES MADE AVAILABLE THROUGH THE SERVICE.
YOU MUST MAINTAIN AND UPKEEP YOUR EV IN ACCORDANCE WITH THE EV’S USER MANUAL. In case of contradiction or doubt revert to Your EV’s User manual and rely upon the content therein only.
You may only use chargers that are compatible with Your EV.
- THE USE of APP (by EV DRIVER) and PORTAL (by EV OWNER) – collectively “the MEDIA” – IN CONNECTION WITH THE SERVICE
The APP and/or the Portal (respectively and as applicable) are personal to You and assume as a mandatory pre-condition that You became a registered user (whether as an EV Driver or EV Owner, respectively).
To register and use the MEDIA You may have to insert Your login and password (“Your Codes”). Your Codes are personal to You.
You will keep Your Codes in strict secrecy and You will not show, entrust, deposit or share them with any third parties. You are fully accountable and responsible for restricting access to any devices or media in which Your Codes may be easily accessible, where Your Codes may be kept in memory thereby automatically displaying the APP, where Your Codes may be recorded, stored, deposited and/or maintained. You shall maintain adequate levels of security and protection of Your Codes. Whenever You become aware that Your Codes were stolen, copied or are being abusively used by anyone without Your knowledge or consent You will refrain from further usage of the APP. You will uninstall the APP from Your device and will download it again and re-register with another login and password. Your past interaction with/at the APP will irreversibly be lost. THE SOFTWARE AND/OR HARDWARE THAT YOU USE TO DECIPHER YOUR CODES AND ACCESS TO THE APP (if any) ARE AT YOUR SOLE DISCRETION, RISK AND LIABILITY. You are fully responsible for all activities that occur under Your version of the APP and associated to Your profile at the APP including any and all use of the APP with Your Codes. You shall defend and hold US harmless from any consequences arising from Your use of Your Codes and any and all activity at the APP.
You may use the App to navigate to nearest Power Dot© network facility and obtain information on equipment therein, their availability, etc.
- DISCLAIMER AND SERVICE WARNINGS
We do not endorse, warrant or guarantee the Service. The Service is delivered to YOU on a “as is” and “as available” basis.
Your dissatisfaction with the Service as well as any other personal opinions You may have in respect of the Service may not and will not justify a refund, discount or any
revisions of the Prices provided however that You may use all legal means You have at Your disposal to file a complaint against US or direct to US any feedback to improve the Service. YOU MAY NOT BROADCAST YOUR USE OF THE SERVICE (EVEN WHERE SUCH MIGHT HAVE BEEN DISSATISFACTORY TO YOU) IN ANY PLATFORMS, WEBSITES, SOCIAL MEDIA, BLOGS OR ANY OTHER SITES UNLESS IN A RIGHTFUL AND RESPECTFUL MANNER OR UPON OUR PRIOR WRITTEN CONSENT PROVIDED TO YOU IN WRITING. Any references in public to the Service may not be detrimental to OUR tradename, our reputation and those of Our Partners.
WE reserve Ourselves the right to prosecute YOU where WE – at OUR discretion – find that You have addressed US or OUR Service in a manner that is detrimental or impairing of our good tradename, our reputation, goodwill or otherwise. You will be solely and directly liable to US for any and all of Your declarations, Content, representations and/or statements concerning OUR Service, OUR Company and OUR Business Partners, Staff or related persons in all circumstances.
PLEASE BEAR IN MIND THAT INTERNET IS UNSTABLE AND INFORMATION YOU ACCESS ONLINE MAY NOT BE SUFFICIENTLY PROTECTED AT ALL TIMES. REFRAIN FROM SHARING YOUR INFORMATION ONLINE AND/OR ON SOCIAL MEDIA UNLESS SUCH IS RELEVANT TO YOU.
- YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to US that:
- You are of age and You will not use the Service for any purposes unlawful or prohibited;
- You are either an EV Driver or an EV Owner in rightful possession of the EV with which you access and use the Service;
- As an EV Driver You have all necessary consents, licensing, authorizations or permits to drive the EV;
- YOU will not use the Service in any manner that could damage, disable, overburden, or impair the reputation or good name of US, OUR Service or that of Our Business Partners;
- You may not Broadcast or Share the use of the Service or any particulars of the Service unless where You are being respectful or have otherwise obtained OUR prior written consent granted to You;
- You understand that Service is not for recreational use;
- Part of the Service is based on the Data that You provide to US for which purposes You consent to US, our contractors, successors and assignees’ collection and processing of such Data in connection with the Service;
- Your engagement of the Service does not breach any laws or the rights of third parties and will not be regarded as an unlawful act in connection with any laws;
- You are aware that the Service may be performed in the European Union, Switzerland or outside any of the latter regions (including in the USA) and regardless the fact that You may be a EU or Non- EU resident national;
- You shall take responsibility for all possible consequences resulting from the wrongful or abusive use of the Service;
- You take all responsibility for the consequences of sharing with others any information pertaining to US, the Service or that of OUR Business Partners that may be considered offensive, detrimental, impairing;
- You understand and accept that OUR Privacy and Cookies Policy will apply to the Service and that
Your Data will be collected and processed by US and Our Business Partners in connection with the Service subject to the terms of the Law;
- You acquire no rights or title in respect of the Service by using it or contributing for its improvement with any ideas, feedback or content;
- You shall defend, indemnify and hold US, OUR affiliates and respective directors, officers, employees and agents fully indemnified and harmless against any claims, losses, damages, liabilities, costs and/or burdens including attorney’s fees, arising out of or in connection with Your use of the Service or the breach of these representations and warranties;
- You have the legal capacity and ability, under Your personal laws, to provide these representations and warranties.
Without prejudice for any other remedies, in case of breach of any one of these representations and warranties YOU confer to US the right to exclude You from the Service and cancel Your App Profile at no further remedy to You.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
The Service may store and display information on certain aspects of Your life and the way You interact or use the Service, including the display of videos, photographs or any other possible content uploaded, displayed or otherwise made available by US to demonstrate how You use Our Service, Your level of satisfaction or Your experience (“Content”). All rights vesting in, in connection with and/or in respect of Content are reserved to US and OUR Licensors. YOU grant to US a worldwide, irrevocable, perpetual, royalty-free license for US to use, Broadcast, Copy and distribute by any means and in any media (wire and wireless included) the Content, including the rights to use Your voice, image and Data or parts thereof for OUR own use in view of promoting the Service or making any brochures, commercials or any other company content. The original tradename and logo as shown are copyright protected and may be either owned and/or used under license by US subject to one or more copyright and intellectual property laws (the “Marks”). Marks must not be used by You unless We authorize You in writing beforehand. Marks must not be used in connection with any product or service other than the Platform Service, in any manner that is likely to cause confusion among users, or in any manner including without limitation one that may disparage or discredit US, Our reputation, OUR products or services or those of OUR Licensors and partners. Unless as otherwise stated herein rights in Content and the Marks are either licensed or by other means owned or reserved to US, OUR Licensors and Business Partners. Except as provided for herein nothing in these Terms shall be read or interpreted so as to convey to You or any third parties any rights in respect of or related to the Content or the Marks nor any right or license is granted to You by any means to use the Marks or to use the Content in terms inconsistent with or contradictory to Our rights. All other trademarks not owned by US that may appear in any MEDIA or at the Power Dot© Network premises belong to their respective owners and their licensors. WE have no affiliation, connection or interest to such trademarks and remain as independent business partners with such third parties in connection with the Service only.
We take intellectual property seriously. If You believe that the protected work of anyone known to You were copied some way, please let us know at firstname.lastname@example.org
- LIMITED WARRANTIES
Use of the Service shall be at Your sole discretion, risk and responsibility.
We MAKE NO REPRESENTATIONS AND PROVIDE NO WARRANTIES EXPRESS OR IMPLIED AS TO THE QUALITY, QUANTITY, RELIABILITY, ADEQUACY, AVAILABILITY, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PURPOSE WHATSOEVER, PERFORMANCE AND/OR UNITERRUPTED OR ERROR-FREE ACCESS, USE AND/OR OPERATION OF THE SERVICE, AS WELL AS THE AVAILABILITY OR QUALITY OF THE GOODS AND SERVICES MADE AVAILABLE THROUGH US BY OUR BUSINESS PARTNERS AT THE Power Dot© NETWORK PREMISES.
WE DISCLAIM AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING ALLEDGEBLY FROM THE USE OF THE SERVICE AND/OR THE CONSUMPTION OF GOODS OR SERVICES IN CONNECTION WITH THE SERVICE.
YOU SHALL NOT PASS OR ATTEMPT TO PASS ON TO US ANY LIABILITY OR CLAIMS YOU MAY AGAINST OUR BUSINESS PARTNERS (e.g. Vending Machine providers, Power Supply providers, Wi-Fi Providers, Concession partners for food and beverages) PROVIDED HOWEVER THAT WE MAY (ALTHOUGH WE ARE NOT OBLIGED TO) PROVIDE YOU WITH CONTACTS SO THAT YOU MAY CONTACT THEM TO EXERT ANY RIGHTS YOU MAY HAVE AGAINST THEM.
- LIMITATION OF LIABILITY
Nothing in these Terms aim to exclude OUR liability (if any) for any matter that would be illegal for Us to exclude or limit pursuant to the terms of the Law.
To the maximum extent permitted by law, We will only be liable to You for direct damages that You suffer as a direct and necessary result from the breach by Us of these Terms. Damages are DIRECT where they arise directly and necessarily from a breach by US of these Terms or arise from OUR breach of mandatory provisions in Law. Without prejudice and to the maximum extent permitted by law, in no event shall Our total cumulative (not per incident) liability to YOU exceed all amounts paid by YOU to US in connection with the Service in the past 12 (twelve) months as from date when YOU are presenting YOUR claim to US. TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE FROM THE SERVICE, (v) YOUR FAILURE TO KEEP YOUR CODES SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. WHERE ANY LAW MANDATES THAT WE CANNOT LIMIT OUR LIABILITY THEN THE AFOREMENTIONED SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
- FORCE MAJEURE
We shall not be responsible for any delay in, or failure of, performance of Our obligations under these Terms arising from any event beyond our reasonable control and where we could have not taken appropriate steps to avoid including third party telecommunication failures. This condition does not affect Your legal rights.
If any event beyond Our reasonable control affects Our ability to perform We will notify You as soon as possible and Our obligations under these Terms will be suspended for the duration of the event outside our reasonable control.
- DATA PRIVACY
In order to use the Service, You must first acknowledge and agree to the OUR Privacy and Cookies Policy, without which You may not engage the Service. Our Privacy and Cookies Policy supplements the herein Terms and shall form an integral part hereof for all due legal purposes. We will record Your Data to monitor control and support the resolution of any complaints as well as to improve Service. Upon termination of Service, Your Data may be irreversibly anonymised to generate data analytics on usage of the Service. We may use Data for research and development, as well as for scientific research purposes in a disaggregated and anonymous manner. We may study a specific group or population, identify potential areas or targets for development, conduct or support the development of services for public, private and/or non-profit entities or otherwise create, commercialize, and apply this new knowledge to develop or create other social collaborative services. WE will never use or release Your Data for purposes that are unlawful. We have the right to monitor any use of Our Service at any time and to maintain copies documenting such monitoring.
- GOVERNING LAWS AND DISPUTES RESOLUTION
These Terms were drafted and shall be construed and interpreted in accordance to the laws of Portugal. Any claims arising from or in connection with these Terms shall be exclusively submitted and resolved by the Courts of Lisbon. You and US expressly agree to the aforementioned disputes resolution clause upon waiver by You and Us of any other forae or disputes resolution form such as mediation or arbitration.
If any provision of these Terms is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms, which shall remain unaffected. No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them. Where any communications between US both have been translated to a language other than Portuguese, to the extent there is any conflict between the English version and the local translation, the English version shall prevail. Portuguese versions of this document shall take precedence insofar it refers to Orders shipped to and delivered in Portugal. You agree that records in Our possession or in that of Our Business Partners shall prove the contents of the commercial transactions between You and Us in connection with the Service.
- Specifics of EV Owner Service
SERVICE DISRUPTION WE are constantly innovating in order to provide the best possible experience to OUR clients. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to You.
Without limitation, WE may freely source from multiple partners, WE may brand or co-brand OUR Service, WE may change locations, WE may add or remove services and CHANGE BUSINESS PARTNERS.
You acknowledge and agree that WE may stop (permanently or temporarily) to provide the Service at OUR sole discretion, without prior notice to You where circumstances happen that cause the Service to be disrupted, cancelled or suspended.
USE OF THE PORTAL
The Portal provides You information on Your profile, Account, Consumptions, credits, EV Drivers and any other useful information.
You will access Your reserved area of the Portal through Your Credentials. For further information on how to secure Your Credentials, see above General Part of these Terms.
In order to use the PORTAL You need to have Internet access, either directly or through a device that accesses web-based content, and You need to pay for the connectivity fees to Your suppliers.
You must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for the adequacy and good performance of such equipment.
SERVICE MODELS Whenever You engage the Service YOU are charged based on the actual consumption of goods and services at the
Power Dot© Network Facilities by Your designated EV Drivers.
Service is available on a pay-per-use model whether discounted on an unit basis or consumed by discounting an upfront Credits Pack.
Upon entering into the Service Contract with Us, EV Owner shall select the model applicable to its contract and will be charged accordingly.
Where the EV Owner selects the Service Credits’ pack the amount of selected pack is credited in the EV Owner’s balance and may thereafter be monitored by the EV Owner at the Portal.
Whenever the EV Driver uses the Service, the amount corresponding to such use shall be deducted from EV Owner’s balance. When balance hits zero the Service may no longer be available unless the EV Owner credits the balance or provides an alternate Payment method.
Being current and in goodstanding with your payment obligations towards Us is as a pre-condition for the EV and the EV Driver being admitted to the Power Dot© Network facilities and/or to actually access and use the Service.
Where Your balance is not settled with US, Your designated EV Drivers and EVs may be denied access to the Power Dot© Network facilities until You settle the balance and reinstate goodstanding.
Power Dot© may (although not being obliged to) serve EV Owner with alerts and notices on the available balance/credits of an EV Owner from time to time. It is the EV Owner’s responsibility to check and monitor its Portal on a frequent basis.
In order to make payments in connection with the Service You must associate a valid payment method to YOUR profile at the Portal.
Payments are processed by Our Payment Business Partner.
PRICING AND TAXES INFORMATION Prices are in consideration for the Service provided to You as an EV Owner through the EV Driver’s registered use of Our Power Dot© Network.
Engagement and use of the Service assumes that YOU accept the Prices and the same are payable by You without retentions, witholdings, discounts and deductions.
No adjustments, discounts or refunds are acceptable unless You have a discount voucher or a promotion code, in which case such promotion or voucher is personal to YOU and YOU should use it associated to Your APP account/profile.
Prices announced already include applicable sales taxes, delivery charges or other international taxes or duties, being Public Prices.
Prices are freely determined by US based in market conditions and availability. OUR Prices are announced in designated areas of Power Dot© Network premises, at EV Owner’s Portal and at OUR APP.
Engagement and use of the Service assumes that YOU accept the Prices.
We reserve ourselves the right to revise Prices at OUR sole discretion and YOU are entitled not to use the Service where YOU disagree with the announced Prices.
WE do not have an influence and by no means monitor or exert any kind of control over the prices or fees of OUR Business Partners nor WE do have contact or means of knowing and exerting influence over them.
Service is delivered to You on a “as is” and “as available” basis without representations and warranties whatsoever being.
The prices are in Euro.
Being current and in goodstanding with your payment obligations towards Us is as
a pre-condition for the EV and the EV Driver being admitted to the Power Dot© Network facilities and/or to actually access and use the Service.
Where Your balance is not settled with US, Your designated EV Drivers and EVs may be denied access to the Power Dot© Network facilities until You settle the balance and reinstate goodstanding.
PAYMENT We may provide to You certain payment methods that are directly delivered to You by OUR Payment Business Partner.
You may pay by payment method of Your choice according to Your preference of Service engagement, whether on an unit basis or Credits Pack.
Payment Business Partners may change the payment methods at any time but this will not affect Service.
Please Note that certain payment methods may be momentaneously unavailable without warning and may be or have diverse conditions applying from time to time (v.g. charges) in respect of which We have absolutely no interference or liability whatsoever being.
If You choose to pay with credit card You will be directed to a secure payment area of the responsibility of Payment Business Partner. You acknowledge and agree that: (i) Payment Business Partners may charge You for the amount of Your Order and any expenses as shown in the balance of Your Checkout box according to the payment method You have selected; (ii) You will provide valid and current information in respect of Your payment/ credit/debit information for (a) yourself and (b) if applicable, another person, provided that You are lawfully effectuating a purchase in the name and on behalf of such person and under his/her express consent; (iii) Payment Business Partners may use tools, software or services of payment processors to process transactions on their behalf; (iv) if Your payment is not received for any reason, You agree to promptly pay all
amounts due upon request and using the other available payment method as determined by Payment Business Partners; and (v) You may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer for which You shall be solely liable.
You acknowledge and agree that any payments processed by OUR Payment Business Partner imply that You are transmitting certain Data to such Payment Business Partner and the terms of Payment Business Partner’ privacy shall apply to their use of such Data.
We shall have no responsibility for the use of Your Data by OUR Payment Business Partner provided however that Service depends on that YOU share such Data and interact directly with Payment Business Partner in order to pay for the Service.
You are directly and fully liable to US and/or to any third Parties for any loss and damages arising from the breach of these Terms and/or maluse of the Service by EV Drivers associated to Your EV Owner account.
You are fully responsible for adequately insuring Your business and protecting Your property against loss or damage as well as to cover the possible damages and loss caused to third parties.
CANCELLATION OF THE SERVICE UNLESS WE AGREE WITH YOU ON ANY TIMELINE WITHIN WHICH TERMINATION OR CANCELLATION IS (TOTALLY OR PARTIALLY) WAIVED IN CONSIDERATION OF SPECIAL PRICING OR DISCOUNTS BEING OFFERED TO YOU, You may stop using the Service at any time.
directions by any of OUR staff or Business Partners as reasonable necessary to ensure rightful delivery of the Service to You and others.
You do not need to specifically inform US when You stop using the Service provided that YOU are and remain in goodstanding with Your payments to US and OUR Business Partners in respect of the use of the Service.
- Specifics of EV Driver Service
In order to become an EV Driver and gain access to the Power Dot© Network Service You will have to download and register at Our APP and be accepted and registered as an EV Driver by an EV Owner.
You may not register at the APP and use the Service as an EV Driver independently of an EV Owner and independently of a valid contract existing by and between US and an EV Owner.
Presently the Service is restricted to Uber® registered business partners. Where You are the driver of an EV belonging to other than an Uber® registered business partner the Service is unfortunately not accessible to You at present time.
In order to use the App, You need to have Internet access, either directly or through a device that accesses web-based content, and You need to pay for the connectivity fees to Your suppliers. You must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for the adequacy and good performance of such equipment.
Access to Power Dot© Network private premises is subject to YOU being granted an RIFD Card (ID Card) with which YOU will gain access to the Power Dot© Network private premises.
WE need to process and record Your use of the Service so that EV Owner is charged the right Price. In order to rightfully provide and charge the Service to the EV Owner, We need to monitor and record Your use of the same, therefore implying that WE have access and manage Your Data and that such Data is shared with certain of Our Business Partners.
Should You have any reservations, doubts, objections You should revert to Your EV Owner and refrain from engaging and/or using the Service.
Your use of the Power Dot© Network premises must be fair and reasonable at all times, and must not be excessive.
If, in OUR discretion, WE consider that YOUR usage is unfair, unreasonable or excessive, WE may suspend, modify or restrict access and use of the Service.
You must not use the Service in a way that will place YOU or anyone else in danger (including the personal integrity or tangible property of others).
YOU warrant and represent to US that YOU were authorised to drive the EV associated to Your RFID Card and corresponding EV Owner’s Power Dot account and that YOU have authority to bind EV Owner to the charges in connection with Your use of the Service.
You acknowledge that Power Dot© Network premises are not supervised and that YOU will use them at your own risk.
WATCH YOUR EV AND YOUR BELONGINGS AT ALL TIMES. Power Dot© may not be responsible FOR loss or damage caused to your property.
When YOU are using the Power Dot© Network premises YOU agree to keep the area clean and tidy, and to comply with any reasonable request made to YOU including any request to immediately suspend, modify or restrict YOUR access or use.
YOU are compelled to take care of YOUR health and safety and those of others around YOU at all times.
If there are any faults or YOU have any issues with any of OUR Power Dot© Network premises, please contact US at email@example.com
END OF TERMS