TERMS OF USE OF VOOL´S SERVICES

These terms of use (hereinafter the “Terms”) are applied for the use of functionalities and services provided by VOOL (hereinafter the “Services”) and are applied together with the Privacy Policy.

These Terms are entered into between the entity/person using or accessing the Services (hereinafter "You") and Multicharge OÜ (hereinafter the “VOOL”), collectively referred to as the "Parties" or each a "Party" and form an agreement (the “Agreement”) between the Parties.

Services may include but are not limited to services offered by VOOL via websites, portals, mobile applications, etc. for charge point owners, electric car drivers, and charge point operators. Users of Services can manage their own charge points for personal and public smart charging and find charge points to start and pay for charging of electric vehicles.

You accept the Terms and enter into an Agreement with VOOL when You register an account on the VOOL app, start using Services, or provide an acceptance by other means. The Services may also be used without registration to purchase individual charging sessions.

By using the Services without registering, You agree to use the Services in accordance with these Terms.

VOOL will act as an agent acting with the authority of the charge point operator and collect the payments from the users of Services also on behalf of the charge point operators. You shall not be requested to make any payments to the operators directly for the use of Services.

You are requested to pay for the Services as agreed (e.g., in subscription plan) or as displayed in the price list available on www.vool.com or as displayed on the VOOL app. In case of discrepancy in prices presented in the VOOL app or website, the prices presented in the VOOL app shall prevail.

The prices for Services related to EV charging (price for charging per kWh of consumed electricity, parking fee for using the parking lot, charging session commencement fee, time charge for charge point occupancy, charge point reservation fee etc.) are provided when You have selected the desired charging point.
VOOL will estimate the total charges and fees payable prior to the initiation of a charging session and may reserve the necessary amount on Your account. However, the final and payable price of the charging service is calculated from the real consumption of energy and other applicable fees and charges that are dependent on time and real use of resources.

VOOL shall deliver a receipt of payment related to the use of the Services, including each charging transaction executed, after VOOL has been able to debit the amounts due for Services provided. If the debiting is not possible, You will not be able to use the Services until the outstanding amount has been paid. In case of failure to debit, VOOL has the right to seek payment from You by other means, such as by sending a separate invoice for the used Services.

VOOL may charge You via a variety of payment methods, such as debit/credit card (including Apple Pay and Google Pay), pre-payment account, RFID card or by invoice. The choice of payment methods depends on the actual availability of payment methods and there is no guarantee of availability of any specific payment method, including in the future.

Full payment for invoices issued must be received by VOOL fourteen (14) days after the issuing date of the invoice, unless otherwise stated or agreed. The due date will be stated on the invoice.

The penalty for any late payment (including in case of failure to debit) is 0.1% per day or the maximum permitted by law, whichever is lower, of the owed amount until the debt is paid. Any damages (including collection fees) may be charged in addition to the penalty.

You must supply us with correct, true and accurate information and You must guarantee that the submitted information and data are accurate, true and complete during the entire use of the Services. To the extent permitted by law, we have the right or the obligation to check the data submitted by You and we presume that You cooperate with us in good faith to clarify the correct data.

You must ensure that You are using valid payment methods and have sufficient funds to pay for the Services used. VOOL may restrict Your access to the Services or part of it until the overdue balance is fully paid and the payment method is valid and active.
You must ensure that any charging installations You are using and electric vehicle itself meet the requirements set out in the legislation (e.g., only charging cables with CE mark etc.), official regulations as well as other technical requirements for the delivery and use of the charging services.

You are responsible for complying with the specific parking restrictions and regulations at the charge point (such as written instructions shown on the VOOL app, at the charge point, or the instructions given by the personnel of the charge point operators). You must free the charge point immediately after the charging has been completed or has failed to start.

You shall use the charge point correctly and in accordance with the provided instructions and ensure that the charge point is suitable for the vehicle to be charged. If the charge point is damaged or defective, You should inform VOOL immediately. You are solely responsible for ensuring that You comply with all applicable regulations, laws, or conventions before using the Services. You must reimburse all the damages You have caused to the charge point or any third person while using the Services and hold harmless or compensate VOOL if such claims are presented against VOOL and they are a result of Your activity.

VOOL is entitled to suspend the provision of Services for any reason and reserves the right to control the charging power of charging sessions and the right to interrupt power delivery during charging sessions e.g., for safety, commercial and business-critical reasons, maintenance and updates, hardware-related reasons, for grid stability, to ensure optimal performance of charge points and to allow for power system management and variation of charging power, quality of electricity supply or other similar aspects.

You shall not allow any third person to use Your VOOL account and must immediately notify VOOL about any detected misuse. You remain liable for any unauthorized use of Your VOOL account by third persons and incurred charges.

VOOL shall retain the ownership of all intellectual property rights in and to the Services. VOOL has a right to use or develop services etc. from data related to You. You have a limited, revocable, non-transferable, non-exclusive and non-sublicensable right to access and use the Services, website, and VOOL App during the term of this Agreement and in accordance with the Agreement.

You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party (access to) the Services, website or VOOL app in any way or copy, reproduce, translate, adapt, modify, alter, make derivative works of all or any part of the Services, website or VOOL app.
VOOL has the right to limit or restrict the use of Services if You have violated these Terms or any legal requirement pertaining to the use of Services or may in any form cause material or non-material damage to VOOL.

VOOL may report, in connection to schemes regulated by law and drawn up to enable greenhouse gas emission reductions for certain industry sectors, the aggregate amounts of electricity charged by using Services, to the authorities (or bodies assigned by the authorities) of the countries where the Services are offered, with the aim of allowing these industry sectors to use the results of such reporting to comply with their greenhouse gas reduction obligations. You must refrain from reporting their charged amounts of electricity to any such scheme.

VOOL shall strive to ensure that the Services will be available and perform but does not guarantee that the Services will be always accessible or be without errors and shall function without interruption. The use of the Services is the sole responsibility of You. The Services are supplied "as is" and may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

To the maximum extent permitted under applicable laws, VOOL makes no representations or warranties, express or implied, of any kind whatsoever and expressly disclaims all implied warranties of any nature including but not limited to fitness for a particular use.

Among other, but not limited to, VOOL shall not be liable to You or any third person related to You for any damage caused due to a lack of compatibility of Your electric vehicle with the charging point or Services or any damages caused to the electric vehicle in relation with the charging session (e.g., mechanical damages, damages due to fluctuations in the voltages and frequencies, etc.) or any damages due to failure to charge the electric vehicle properly (e.g. the charging does not start, is interrupted or the vehicle is not charged to a desired capacity).

To the extent permitted by law, VOOL or our affiliates (including, but not limited to licensors and suppliers), representatives, managers, or employees cannot be held liable for the damage caused to You, which arises from the provisions of the Terms or the use of the Services regardless of the basis of the liability (contract, tort, misrepresentation, etc.) for:
- any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data, reputation or goodwill, security breach, anticipated savings or revenue;
- any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential);
- any matter beyond its reasonable control;
- any indirect, incidental or consequential loss or damage whatsoever.

You hereby expressly waive all compensation and claims against VOOL related to such damage.

Regardless of the basis of liability and the type of damage, VOOL's total financial liability to You does not exceed the amount paid by You for Services during the 6-month period preceding the incident causing the damages has occurred.
Nothing in this Agreement shall operate to exclude or limit either Party's liability to the other for death or personal physical injury nor any damage caused intentionally or by fraud. If You are a consumer the liability of VOOL is also not excluded or limited if the damages are caused due to gross negligence of VOOL.

The Parties are not responsible for the breach of the Terms (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, including a natural disaster, earthquake, fire, flood, war, terrorism, public unrest, labor or military conflict, sabotage, strikes or lockouts, pandemic, epidemic, mass unrest, faults or disruptions in utility or communication services, extensive cyber-attack, court ruling, actions of the state or military authorities, or actions of state, law enforcement or supervisory authorities. The obligation will be suspended for the duration of force majeure.

This Agreement may be terminated by either Party without notice at any time for any reason. After termination, You will no longer have access to the Services.

The termination shall not relieve You of the obligation to pay for the Services used or from making any payments due or any liability and damages. Any provision of the Terms which by their nature should survive termination will survive (including, but not limited to payment obligations, confidentiality obligations, warranty disclaimers, and limitations of liability, etc.).

VOOL may collect, store and use personal data of You for the performance of the Agreement in compliance with General Data Protection Regulation (EU/2016/679), (GDPR) and other applicable national data protection legislation. Detailed description of the personal data processing is regulated in our Privacy Policy.

VOOL shall not waive any right arising from the provision of the Terms by not enforcing it.

You may not transfer the Agreement to a third party. VOOL shall be entitled to transfer the Agreement to a third party without Your prior consent. You shall be informed of the transfer at the latest in connection with the first invoice from the new provider of Services.

In case a provision of the Terms is wholly or partially invalid or unenforceable or becomes invalid or unenforceable after conclusion of the Agreement, this shall not affect the validity of the unaffected Terms. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision with effects as close as possible to the economic objective pursued by the Parties with the invalid or unenforceable provision.

VOOL may unilaterally change, modify, update, or revise these Terms at any time and inform You accordingly in advance in an appropriate manner (e.g., notice, e-mail, VOOL app). The changes will be deemed accepted if You do not reject them within 14 days. If You do not wish to continue using the Services under the new version of Terms, You may terminate the Agreement within the notice period.

This Agreement is governed by and construed in accordance with the laws of Estonia. If You are a consumer with permanent residence in the European Economic Area (EEA) or in Switzerland, You can also claim protection by the mandatory provisions of the law of Your country of residence.

Disputes arising from the contract will be resolved through negotiations between the Parties and if no agreement is reached, the dispute will be resolved in Harju County Court, Tallinn, Estonia.

Consumers may choose to file their claim in connection with this Agreement both at the aforementioned court and at the competent court in the EU member state in which they live. This applies accordingly to Consumers living in Norway or Switzerland.
The European Commission provides an online dispute resolution platform which the consumers can access from here http://ec.europa.eu/consumers/odr/