Terms & Conditions for the Provision of the eMobility Service PlugQ
1. PROLOGUE
1.1. With this document, as well as any other
document explicitly mentioned herein, the Terms & Conditions for the
provision of the eMobility Service PlugQ (henceforth
the “Terms”) are defined, also
including the terms of access and use by the End User per case of any
applications, software, websites, products and services made available as part
of the provision of the eMobility Service PlugQ
(henceforth the “Services”). These
Terms are made available in the App PlugQ
and the Company’s official Website.
1.2. Please read carefully these Terms and use the eMobility
Service PlugQ only as long as you
agree with the content of these Terms. It is explicitly clarified that, by
making use of the eMobility Service PlugQ,
you agree with and commit to these Terms, you state that you have attained the
age of 18 years and that you have the legal capacity to sign contracts and to
accept these Terms. The present Terms constitute the Contract of Use for the eMobility
Service PlugQ that you sign with IXION
S.M.S.A. by your use of the eMobility
Service PlugQ, and they cover both
the existing as well as any of your future contractual obligations.
1.3. IXION S.M.S.M.S.A. may modify these Terms, with
the respective modifications applicable as of the date of their publication on
the App PlugQ App and/or the Website ixion.gr/ilektrokinisi. For this reason,
it is recommended to check regularly these Terms, because by continuing to use
the eMobility Service PlugQ after the
execution of any modification of these Terms, you accept these changes and are
bound by them.
1.4. The eMobility Service PlugQ is provided by the Societe Anonyme with the name “IXION ENERGEIAKI
SINGLE MEMBER SOCIETE ANONYME” and the distinctive title “IXION S.M.S.A.”, with
headquarters at 16, Amaroussiou-Chalandriou Ave., 15125, Maroussi, Attica, with
VAT No. 800980128 and G.E.MI. (General Commercial Register No.) 146200601000,
as legally represented.
2.
DEFINITIONS
2.1. “Contract
of Use for the eMobility Service PlugQ”
or “Contract” or “Terms”: The
present Terms & Conditions for the provision of the eMobility Service PlugQ, which you accept so that we can
provide you with the eMobility Service PlugQ
by using the App PlugQ, as well as
any other document explicitly mentioned therein, also including the terms of
access and use by the End User, per case, of any applications, software,
websites, products and services made available as part of the provision of the eMobility
Service PlugQ,
2.2. “IXION
S.M.S.A.” or “IXION”: The
Societe Anonyme with the name “IXION ENERGEIAKI SINGLE MEMBER SOCIETE ANONYME”
and the distinctive title “IXIONS.M.S.A.”, with headquarters at 16,
Amaroussiou-Chalandriou Ave., 15125, Maroussi, Attica, which is a contracting
Part of this Contract of Use for the eMobility Service PlugQ as the Provider of the eMobility Service PlugQ.
2.3. “End
User” or “Client”: The individual
or legal entity who signs this Contract of Use for the eMobility Service PlugQ as the User of the eMobility
Service PlugQ, in order to recharge
their Electric Vehicle for a price through the use of the App PlugQ.
2.4. “Party”
or “Parties”: The End User and
IXION S.M.S.A., individually or together respectively.
2.5. “Electric
Vehicle”: Each motor vehicle
equipped with a motor transmission system, which includes at least one
non-peripheral, external, auxiliary, electrical machine as an energy converter
with an electrically recharged energy storage system, which can be recharged
externally, pursuant to the provisions of Law 4710/2020.
2.6. “Recharging
Point” or “Electric Vehicle Charger” or “Charger”: Interface with the capacity to charge at least
one Electric Vehicle at a time, pursuant to the provisions of Law 4710/2020.
2.7. “Regular
Power Recharging Point”:
Electric Vehicle Recharging Point, with Electrical Power up to 22 kW. This does
not include the Recharging Points with Electrical Power up to 3.7 kW that are
installed in private residences or whose main purpose is not to charge an
Electric Vehicle, and which are not publicly accessible, pursuant to the
provisions of Law 4710/2020.
2.8. “High
Power Recharging Point”: A
Recharging Point that allows to transfer electricity to an Electric Vehicle
with Electrical Power over 22 kW, pursuant to the provisions of Law 4710/2020.
2.9. “Network”
or “IXION Network”: The total IXION
S.M.S.A.’s Recharging Points/Chargers of Electric Vehicles, where the End
User/Client can recharge their Electric Vehicles by using the eMobility Service
PlugQ.
2.10.
“Recharging Infrastructure”: The total electrical equipment, capable of
charging an Electric Vehicles’ battery, including the hardware and software,
name, signs, logos and distinctive attributes of IXION S.M.S.A. and the total
supporting equipment and structures including, without limitation, floor
coatings and protective items for piles.
2.11.
“App PlugQ”: The software App that is provided by IXION S.M.S.A.
and consists of the software application “mobile
App PlugQ”, compatible with at
least iOS 12.1 and Android 6.0 software, by which the End User, Registered or
not, obtains access and makes use of the eMobility Service PlugQ, by installing the mobile App PlugQ on any of their mobile electronic devices.
The App PlugQ,
in its total, is compatible with any mobile electronic device (mobile phone or
tablet), which however must have access to the Internet. The End User may use and
create a personal Registered User Account, both on the mobile App PlugQ, in order to make use of the eMobility
Service PlugQ.
2.12.
“Account”: The part of the App PlugQ
exclusively intended for the Registered Users of the eMobility Service PlugQ. Once an End User creates an
Account: (a) they become a Registered User of the App PlugQ, so that it is possible to identify their information both
when entering the App PlugQ, as well
as during a Recharging Session, (b) they may pay for each Recharging Session by
selecting the time of their stay at the Recharging Point and/or the anticipated
charging energy, and (c) they may control and manage both their monetary
balance, as well as the history of their Recharging Sessions and payments, as
well as any other information related to the execution of each Recharging
Session.
2.13.
“Registered User”: The End User, who makes use of the eMobility
Service PlugQ by creating and using
an Account on the App.
2.14.
“Non-Registered User”: The End User, who makes use of the eMobility
Service PlugQ by using the App PlugQ,
without creating an Account on the App PlugQ and without the ability to perform Charging
sessions.
2.15.
“Software”: All data legible by people or a computer or other data legible by a
machine, technical specifications, logic, logic diagrams, flow charts,
orthographic representations, algorithms, modules, subroutines, file
structures, coding sheets, codification, source code or objective code, lists,
test data, test routines, diagnostic programs or other hardware, which refers
to or includes a part of the App PlugQ and
which is necessary for the proper and effective operation of the App PlugQ.
2.16.
“Recharging Session”: The service provided by IXION S.M.S.A. to the End
User during the time when the End User’s Electric Vehicle is recharged at one
of the Recharging Points of IXION’s network, by using the App PlugQ; this service includes loggin in
to the App PlugQ, the recharging of
the Electric Vehicle, the charging and payment of the Recharging Session, as
well as the procedure for starting and completing the recharging of the
Electric Vehicle.
2.17.
“eMobility Service PlugQ”: The total
services provided by IXION S.M.S.A. to the End Users through the latter’s use
of the App PlugQ; these services
provide the End Users with the possibility: (a) to identify the geographical
location of all Recharging Points at IXION’s Network , their availability in
real time, the type and number of the connections and plugs available, their
charging method and installed power, their working hours, as well as the amount
of the charge resulting from their use, (b) to obtain access to the Operational
Recharging Points of IXION’s Network, in order to carry out one or more
Recharging Sessions, (c) to start and finish a Recharging Session, (d) to pay
for each completed Recharging Session and (e) to create a personal Registered
User Account on the App PlugQ,
through which they can monitor the historical data for Recharging Sessions,
energy, payments and tax documents.
2.18.
“Client’s Charge”: The applicable per case charging price for
the Client per Recharging Point of IXION’s Network, in order to carry out a
Recharging Session as part of using the eMobility Service PlugQ.
2.19.
“Website ixion.gr”: The official Website https://www.ixion.gr/ of IXION S.M.S.A., through which all the
necessary information, data and news are provided to the existing or potential
Clients/End Users regarding the eMobility Service PlugQ and the Recharging Points of IXION’s Network.
2.20.
“Distribution Network Operator”: The Societe Anonyme with the name “Hellenic
Electricity Distribution Network Operator S.M.S.A.” and the distinctive title
“HEDNO S.A.”, to whom the management of the Hellenic electricity distribution
network is awarded.
2.21.
“Force Majeure” or “Force Majeure Event”: Each event that does not depend on IXION S.M.S.A.’s
will and sphere of influence, and which cannot be prevented by diligence and
prudence measures, such as, indicatively and not restrictively, earthquake,
fire, flood, war, epidemic, strike, etc. IXION S.M.S.A. is not responsible for
the non-fulfilment of its obligations that result from the Contract for the Use
of the eMobility Service PlugQ for as
long as the Force Majeure Event, per case, lasts.
2.22.
“Operational Recharging Point”: A Recharging Point on IXION’s Network, shown
on the database of the App PlugQ, the
operation of which can be activated.
2.23.
“Non-Operational Recharging Point”: A Recharging Point on IXION’s Network, shown
on the database of the App PlugQ, the
operation of which cannot be activated for whatever reason.
3.
CONTRACT SCOPE
With the Contract for
the Use of the eMobility Service PlugQ
and pursuant to the provisions of the present Terms, IXION S.M.S.A.:
(a) grants you permission to use the App PlugQ (mobile App PlugQ and/or
web link PlugQ), which is restricted
to the Greek Territory, is non-exclusive, personal, non-transferrable, without
the possibility for further sub-concession, and it is subject to the
restrictions imposed by the company manufacturing the software of the App PlugQ (mobile App PlugQ and web link PlugQ)
and to the restrictions of Annex Α’ in these Terms. Detailed instructions for the due
installation, use and operation of the App PlugQ
are contained in Annex Α’ of these Terms, which constitutes an integral part thereof, and
(b) provides you with the right to use each Recharging Point of IXION’s
Network in order to carry out Recharging Sessions for your Electric Vehicle for
a price, subject to the Instructions for the Safe Recharging of Electric
Vehicle contained in Annex Β’ of these Terms, which constitutes an integral part thereof.
4.
CONTRACT DURATION
4.1. For the Registered Users who have created a
personal Account on the App PlugQ,
the Contract duration is indefinite and starts as of the date on which you
receive an email confirming the creation of the Account on the App PlugQ, with which you become a
Registered User of the App PlugQ and
the eMobility Service PlugQ in
general.
4.2. For Non-Registered Users, the Contract duration
starts as of the date on which you receive an email confirming the creation of
the Account on the App PlugQ, with
which you will later become a Registered User of the App PlugQ and the eMobility Service PlugQ
in general, so that you can begin your first charging session.
5.
RIGHT OF WITHDRAWAL
5.1. The Registered User, who becomes a Party to
this Contract as the consumer may, within fourteen (14) calendar days as of the
date of becoming a Registered User of the App PlugQ, pursuant to term 4.1 of this document, withdraw from the
Contract, with the obligation to submit the relevant document (EIXION
WITHDRAWAL FORM) to IXION within the aforementioned deadline to the Company’s
mail inbox support@ixion.gr.
5.2. It is clarified that in case, within the above
deadline for withdrawal and before your withdrawal within the deadline, you
carry out any Recharging Session(s), you explicitly accept that you will
undertake the respective charge for the Recharging Session carried out per case
before your withdrawal, which will be mandatorily removed from your Account,
and it will not be returned to you if you withdraw within the deadline, since
the Recharging Session per case will have taken place and, as a result, the respective
service will have been fully provided.
6. TERMS FOR THE RECHARGING OF ELECTRIC VEHICLE
6.1. The Recharging Point and Recharging
Infrastructure, per case, of IXION’s Network are exclusively intended to
recharge Electric Vehicles. Consequently, it is forbidden to connect any other
type of devices (indicatively and not restrictively, electric bicycles or
scooters, electric tools, etc.) at a Recharging Point of IXION’s Network. It is
also strictly forbidden to use the eMobility Service PlugQ, in general, in ways and for purposes that are not part of
the use for which it is intended.
6.2. Before starting each Recharging Session, you
must have read and fully understood the Instructions for the Safe Recharging of
Electric Vehicle, attached as Annex Β’ to these Terms and constituting an integral
part thereof.
Do not attempt in any case to start a Recharging Session, if you observe
any wear either at the Recharging Point per case or at the recharging cable. In
this case, you should:
-Immediately move away from the Recharging
Point.
-Immediately report the incident to IXION’s
Customer Service Department, either by calling +30 216 004 3700 on business
days from 09:00 am to 05:00 pm, or in writing by sending an email to support@ixion.gr.
During the use of the Recharging Points and the Recharging Infrastructures of IXION’s
Network, you must comply with these Terms, the Instructions for the Safe
Recharging of Electric Vehicle contained in Annex Β’ of these Terms and, in general, with the
applicable requirements regarding the recharging process of an Electric
Vehicle. In any case, the above use by you must be due and appropriate, so that
you do not cause any disturbance and/or material damage and/or wear to the
Recharging Infrastructure, the Recharging Point or its nearby facilities.
6.3. IXION, subject to the provisions of article 8
below, will make every possible effort to ensure that the Recharging Points of IXION’s
Network are always in operation, namely without operation interruptions and/or
breakdowns, and that that they are accessible and available for the recharging
of an Electric Vehicle. Any information on Operational or Non-Operational
Recharging Points of IXION’s Network will be provided through the PlugQ App.
6.4. IXION may, at any time, permanently or
temporarily interrupt the operation of one or more Recharging Points, making
every possible effort to immediately update the PlugQ App accordingly.
7.
PAYMENT – INVOICING
7.1. The installation and use of the App PlugQ is free of charge. Consequently,
you will only be charged as long as you carry out a Recharging Session,
according to the applicable per case charging price for the Client per
Recharging Point of IXION’s Network, in order to carry out a Recharging Session
as part of using the eMobility Service PlugQ
(henceforth “Client’s Charge”).
7.2. The use of the eMobility Service PlugQ by the Client takes place for a
price. The Client’s invoicing for a Recharging Session at the Recharging Points
of IXION’s Network takes place depending on the energy consumed by the Client’s
Electric Vehicle during its recharging, measured in kilowatt per hour (kWh) or
depending on the time it remains connected at the Recharging Point, measured in
Euros (€) per hour (h), and/or charge per Recharging Session, or/and charging
per idle period of the charging point in Euros (€) per minute (min) in case
that the vehicle remains connected to the plug after the end of the Charging
Session and after the defined duration of free remain in the Charging Point
after the end of the Charging Session expressed in minutes (min), which will be
displayed in the PlugQ App before the Charging Session begins.
7.3. The Client’s Charge can vary per Recharging
Point of IXION’s Network. The actual Client’s Charge per Recharging Point of IXION’s
Network is posted and defined specifically on the App PlugQ, once the End User selects the specific per case Recharging
Point of IXION’s Network where they wish to carry out a Recharging Session and
it includes, indicatively and not restrictively, the price for the energy
drawn, the corresponding VAT, any other taxes and duties.
7.4. In case the applicable per case Client’s
Charges are modified, you will be informed of the corresponding modifications
through the App PlugQ (mobile App PlugQ or web link PlugQ) and pursuant to section 1.3 of these Terms.
7.5. Payments and the relevant invoicing are carried
out through our authorised partners on the App PlugQ and pursuant to section 11 of these Terms.
In order for the Registered User to perform a
Recharge Session within the framework of the PlugQ eMobility Service you must
enter in the PlugQ Application, at the Registration stage and in the Payment
Methods menu option, the details of your Bank card (MasterCard, American
Express, Visa, Union Pay), which are stored by default in the PlugQ Application
in order to be approved hereinafter, the payments from the credit institution
that has issued your bank card or through your above digital wallets with the
corresponding fee.Alternatively, the Users of the App PlugQ may, by selecting the field Menu/My Balance on the App PlugQ, enter monetary amounts of their
choice on their digital wallet “Wallet”, using their active bank card
(MasterCard, American Express, Visa, Union Pay), receiving afterwards the
relevant document (proof of Payment) in electronic form on the e-mail address
declared during Sign-Up to the PlugQ App. Then, in order to make each
payment and carry out a Recharging Session as part of providing the eMobility
Service PlugQ and following the
Registered User’s choice, the respective amount charged for the Recharging
Session is subtracted from the total amount contained in their digital wallet
“Wallet” and afterwards the tax document is issued (Receipt or invoice), which
is sent to the e-mail address that re Registered User decalred during the
Sign-Up to the PlugQ App.
8. RIGHT TO INTERRUPT THE PROVISION OF THE EMOBILITY
SERVICE PlugQ
8.1. IXION may temporarily interrupt your access to
the eMobility Service PlugQ for
reasons of maintenance and/or update of the eMobility Service PlugQ.
8.2. IXION may directly interrupt the access and use
of the App PlugQ for reasons of its
compliance with any court or administrative decision or in case it is imposed
by the applicable per case legislation or if the App PlugQ is used illegally or in violation of these Terms.
8.3. In addition, the eMobility Service PlugQ may be interrupted by the
Distribution Network Operator, in order to preserve the correct and due
operation and management of the electricity network.
8.4. In case one of the above cases occurs, IXION
will make every possible effort to update you accordingly either beforehand or
within a reasonable period of time.
8.5. IXION bears no responsibility whatsoever if
your access to the App PlugQ and/or
the use of the eMobility Service PlugQ in
general is not feasible due to a liable act or omission on your part and, in
this case, you are still committed by the obligations that you undertake
pursuant to these Terms.
8.6. IXION bears no responsibility whatsoever if
your access to the App PlugQ and/or
the use of the eMobility Service PlugQ
in general is not feasible for reasons beyond IXION’s control or due to force
majeure (indicatively and not restrictively, problems or technical malfunctions
with networks or lines, on-line computer systems, servers or providers,
computer accessories, software, failure to send or receive data due to the lack
of available space or due to technical problems or bottlenecks on the telephone
network or the Internet or on any website or due to a combination of these
events, interruption of the connection with the Internet, as well as attack by
computer virus, malicious or illegal actions or interventions by third parties,
deceitful action or due to the abuse of the App PlugQ in violation of the Terms).
9.
CONTRACT TERMINATION
The Registered User
may, at any time and without cause, terminate the Contract with a relevant
written notification to IXION. In this
case and as of the date on which IXION becomes aware of the above written
Contract termination:
– your Bill will be
deactivated,
– your access to the
Recharging Sessions and Infrastructures of IXION’s Network as a Registered User
with this specific Account will stop henceforth,
– any debt resulting
from your Account will become due and called in, and
– any existing
monetary balance in your digital wallet “Wallet” will only be returned to you
after you submit a request for the return of the above monetary balance to IXION’s
Customer Service Department by e-mail in writing to the Company’s e-mail
address support@ixion.gr. Subject to the provisions of the above paragraph, the
above monetary balance will be returned to you at the latest within one (1)
month as of the date on which the request for return is submitted to IXION’s
Customer Service Department. The final credit amount will be obtained after
deducting the transaction costs of the payment institution.
For Non-Registered
Users, the Contract has a definite duration and is terminated ipso jure
(automatically) conversion to a Registered User.
10.
RESPONSIBILITY
10.1.
Given that
the eMobility Service PlugQ is
provided pursuant to this Contract, IXION is responsible for all its
statements, obligations and commitments, which are included in this Contract
and you, respectively, as the End User/Client, are responsible for all the
statements, obligations and commitments that you undertake with this Contract
and the use of the App PlugQ and the eMobility
Service PlugQ in general.
10.2.
A
precondition for the operation of the Recharging Points is the correct
operation of the necessary telecommunication infrastructures and networks such
as, indicatively, the mobile telephony connections and other Internet
connections at the Recharging Point per case, as well as the correct operation
of the infrastructures and networks for electricity transport and distribution
at the Recharging Point per case. IXION bears no responsibility whatsoever for
any failure or delay in the access and use of the Recharging Points or the App PlugQ by the End User/Client due to
malfunctions, interruptions, errors or damage in the smooth operation of the
telecommunication network/infrastructures of the Recharging Points and/or the
network/infrastructure for electricity transport and distribution at the Recharging
Points or for any other cause, which is beyond its reasonable control.
10.3.
IXION
bears no responsibility whatsoever for any damage, breakdown or delay that you
may suffer in case your Electric Vehicle cannot be recharged or fully recharged
or recharged in a safe way due to a defect in your Electric Vehicle and/or the
auxiliary equipment you are using for its recharging (indicatively, the
recharging cable of your Electric Vehicle) or for any other cause for which IXION
is not explicitly responsible pursuant to the provisions of this Contract.
10.4.
IXION is
not obliged to fulfill any of its obligations and is not responsible for
restoring any damage you may suffer in case of a force majeure or any event in
general that is not due to an action or omission on its part for which it is
explicitly responsible pursuant to the provisions of this Contract.
10.5.
As the
User of the Recharging Points and Infrastructures of IXION’s Network, you are
solely responsible for any damage or breakdown that may occur at a Recharging
Point or Infrastructure of IXION’s Network during their use as a result of an
action or omission on your part or in violation of the Instructions for the
Safe Recharging of Electric Vehicle contained in Annex Β’ of these Terms; in this case, you will be
compensate IXION and any third parties for any potential damage they may suffer
because of aforementioned cause.
10.6.
As the End
User (Registered or Non-Registered), you are solely responsible for each
transaction that you carry out through the App PlugQ and for the correct use of the App PlugQ pursuant to its Terms of Due Installation, Use and Operation,
contained in Annex Α’ of this document. In any case, it is clarified that the Company is not
the Owner of the App PlugQ, but it is
the exclusive beneficiary of its commercial use. Consequently, IXION will make
every possible effort for your uninterrupted use of the App PlugQ, but it bears no responsibility
whatsoever for any inherent attribute, malfunction or real defect of the App PlugQ.
11.
PERSONAL DATA PROTECTION
As part of the eMobility
Service PlugQ through the use of the
App PlugQ, IXION S.M.S.A. processes
your personal data and information, which you provide to IXION S.M.S.A., as
their Controller.
Detailed information
on the Personal Data Protection Policy applied by IXION S.M.S.A. and your
rights are available on the website https://www.ixion.gr
12.
INTELLECTUAL AND INDUSTRIAL
PROPERTY
All rights of
industrial and intellectual property (copyright), trade signs and, in general,
signs (e.g., logo) and distinctive attributes, provided by and related to the
overall content, material and information of the App PlugQ, the Website ixion.gr and
the eMobility Service PlugQ in
general, constitute the exclusive property of IXION S.M.S.A. or third parties,
who grant their license of use to IXION S.M.S.A. You are allowed to use the
above content, material and information only to the extent that it is
explicitly approved and provided by IXION S.M.S.A. or its licensed users.
13.
E-CRIME AND RESPONSIBILITY
13.1.
You are
strictly forbidden from the unsuitable use of the App PlugQ and/or the Website ixion.gr
that will result in the transfer, to your knowledge, of Trojan horses,
worms and other malware or any other malicious or technologically harmful
hardware. Furthermore, you are strictly forbidden from attempting the
unauthorised use of the App PlugQ,
the Website ixion.gr and their
server, or any other server, computer and database connected to the App PlugQ and/or the Website ixion.gr. With this document, you
undertake the obligation not to attack the App PlugQ and/or the Website ixion.gr
through denial-of-service attack or through distributed denial of service
attack.
13.2.
The
violation of the above section 13.1 may constitute a criminal offense pursuant
to the applicable legislation. IXION will file a complaint for any relevant
violation to the competent prosecution authorities, with which IXION will
cooperate in order to provide all the necessary data for identifying the
e-criminal’s identity, and it will immediately withdraw the e-criminals’ right
to access and use the App and/or the Website ixion.gr/ilektrokinisi/ respectively. IXION is not responsible for
any technological breakdown, loss or damage that may be caused by a denial of
service attack, viruses or other malware or technologically harmful hardware,
which can attach your computer, your mobile electronic device, their
accessories, data or any other material thereof due to the use of the App PlugQ and/or the Website ixion.gr/ilektrokinisi/ or the
download/upload of material contained therein or similar material from another
website to which the App PlugQ or the
Website ixion.gr refers to.
13.3.
The App PlugQ and the Website ixion.gr may contain links to other web
pages and sources provided by third parties. These links are exclusively
provided for information purposes, while IXION in no way has any control on the
content of these web pages or sources. For this reason, IXION is not
responsible for any potential loss or damage that may be caused by the use of
these links.
14.
NOTIFICATIONS – COMMUNICATION
14.1.
IXION may
contact you as part of the purposes for the provision of the eMobility Service PlugQ by e-mail, Viber, phone, post,
social media or the App PlugQ or the
Website ixion.gr. IXION’s
notifications are considered to be received by you as soon as they are posted
on the App PlugQ or the Website ixion.gr or IXION’s official page on
social media or within twenty-four (24) hours after the successful delivery of
an e-mail or message through Viber or social media or within three (3) calendar
days as of the date of delivery of any letter.
14.2.
IXION has
a complaint service made available to the End Users, Registered or not.
Complaints to IXION may be filed in writing:
(a) at IXION’s headquarters and all IXION Shops,
(b) by e-mail, using the special form posted on IXION S.M.S.A.’s
official website, www.IXION.gr,
(c) by Fax, to the respective numbers written on IXION’s forms and on
its official website,
(d) by telephone, at IXION S.M.S.A.’s Customer Service No. (2130883000).
IXION is committed to
making every possible effort in order to provide a documented response for the
complaints and any other requests by the End Users, Registered or not, within a
reasonable time from the delivery of each complaint/request.
Except for the
complaints mentioned in the above par. 14.2., any other statement,
announcement, request or notification by you to IXION related to this Contract
will be submitted in writing either at the address of IXION’s headquarters, or
by e-mail at support@ixion.gr.
15.
APPICABLE LAW – JURISDICTION
The use of the App PlugQ and the eMobility Service PlugQ in general, as well as these Terms
and Contract of Use for the eMobility Service PlugQ, are subject to the Greek Law. The Parties must make every
possible effort for the friendly settlement of any dispute or disagreement that
may occur in terms of the interpretation, validity or compliance with the Terms
of the Contract for the Use of the eMobility Service PlugQ. For any disagreement between the Parties, the Client who is
a Party of this Contract as the consumer may resort to the Hellenic Consumers’
Ombudsman, or to any other competent body, as foreseen by the applicable
legislation, which acts as an extrajudicial body for the consensual settlement
of consumer differences.
It is explicitly
clarified that the courts of Athens are exclusively authorized to settle the
differences between the Parties that result from this Contract and/or the Use
of the eMobility Service App PlugQ.
16.
OTHER TERMS
16.1.
These
Terms constitute the total agreement between the Parties as regards the
Contract Scope and they substitute every respective previous written or oral
agreement, understanding or arrangement between them.
16.2.
Any
invalidity of any of the Terms does not cause the invalidity of the total
Terms, and the Contract for the Use of the eMobility Service PlugQ is still binding for the Parties
in terms of its valid part.
16.3.
The
Parties acknowledge that in order to sign the Contract for the Use of the eMobility
Service PlugQ, none of the Parties
was based on any statement, commitment or promise by the other Party.
16.4.
You are
forbidden from transferring, in part or in full, any of your rights or
obligations that result from the Contract for the Use of the eMobility Service PlugQ without IXION’s previous written
approval. IXION retains the right to transfer, at any time, in part or in full,
any of its rights or obligations resulting from the Contract for the Use of the
eMobility Service PlugQ.
16.5.
The
non-exercise by IXION of any if its rights resulting from the Terms and this
Contract does not constitute its waive from this right. Any waive on IXION’s
part from its rights resulting from these Terms is not considered valid, unless
it is made explicitly and in writing.
16.6.
IXION
retains the right to modify these Terms and this Contract at any time and, in
any case, if there is a special and important reason such as, indicatively and
not restrictively, in case of an amendment of the applicable legislation, IXION’s
compliance with a judicial or administrative decision, a change in the pricing
policy of IXION’s suppliers, etc.
ANNEX Α’ –
TERMS FOR THE DUE INSTALLATION, USE AND
OPERATION OF THE APP PlugQ
IXION grants you
permission to use the App so that:
You can locate the
geographical location of all the Recharging Points of IXION’s Network, their
availability in real time, the type and number of the connections and plugs
available, their charging method and installed power, their working hours, as
well as the amount of the charge resulting from their use,
You can have access to
the Operational Recharging Points of IXION’s Network, in order to carry out one
or more Recharging Sessions,
You can reserve for a
specific time frame the Charging Point.
You can start and
finish a Recharging Session,
You can pay for each
completed Recharging Session,
You can create a
personal Registered User Account through which you can monitor the historical
data for Recharging Sessions, energy, payments and tax documents.
The mobile app PlugQ is made available for free through
the digital App stores (App Store, Play Store). You can find the latest
available version of the mobile App PlugQ
on the Website ixion.gr or
through the App Store or Play Store. You install the mobile App PlugQ on any electronic device connected
to the Internet (compatible at least with software iOS 12.1 or Android 6.0),
thus accepting these Terms.
You may use and create
a personal Registered User Account, both on the mobile App PlugQ, in order to make use of the eMobility Service PlugQ.
For Registered Users
Follow IXION’s
instructions and you register your data on the platform of the mobile App PlugQ [e-mail, mobile phone number, user name and password
for connecting to the Account].
Then, you receive an
e-mail from IXION on the e-mail address that you have stated during your
registration on the mobile App PlugQ
or the web link PlugQ, with which:
(a) it is confirmed that your data have been successfully registered, and (b)
you become a Registered User of the eMobility Service PlugQ.
Afterwards, in the
Payment Methods option, enter your Bank card details (MasterCard, American
Express, Visa, Union Pay), which are stored by default in the PlugQ
Application, in order for future payments to be approved by the credit
institution that issued the bank statement your card with the corresponding
charge. Also, choose whether you wish to issue a Receipt or Invoice, by filling
in the corresponding fields (either Name of Natural Person and Country, or
Surname, Tax ID, Tax Office, Address).
Through your Personal
Account, henceforth: (a) your data identification is carried out when you enter
the mobile App PlugQ or the web link PlugQ and during each Recharging
Session, (b) you will be able to start or interrupt at any time a Recharging
Session, (c) you will be able to choose a payment method (directly by bank card
or by using the balance of your digital wallet “Wallet”) each time you carry
out a Recharging Session, (d) you will be able to control and/or manage all the
information resulting from the use of a Recharging Point (recharging duration,
energy drawn, charge, etc.) and you will be able to have access to the
historical data for consumptions, charges, payments.
Consequently, each
time you want to carry out a Recharging Session, you will be connected to your
Account on the App PlugQ, then you
will locate a convenient Operational Recharging Point through the mobile App PlugQ or by scanning the QR Code located
on a special sticker on the charger’s facade and you will be informed of the
charges that you will have to pay while carrying out a Recharging Session at
this Recharging Point of IXION’s Network.
Then, the payment of
each Recharging Session will take place through your Account, according to the
payment method that you select each time (directly by bank card or by using the
balance of your digital wallet “Wallet”).
At the start of each
Recharging Session, the amount of fifteen Euros (€15) will be reserved for the
use of a recharging Point of the IXION Network with charging method 3 (Mode 3
AC Charging) or the amount of thirty Euros (€30) for the use of a Point recharging
the IXION Network with charging method 4 (Mode 4 DC Charging), according to the
payment method you have chosen (either through your Bank card or through your
digital Wallet).
Then, you will carry
out the Recharging Session in accordance with the procedure described in Annex Β’ of these Terms.
After the end of each
Recharge Session, the actual energy injected into the battery of your Electric
Vehicle during the corresponding Recharge Session will be charged.
In the event that the
final charge of the Recharge Session is less than the amount reserved at the
start of the Recharge Session, the difference will be refunded to you
immediately if you have chosen payment via your Bank Card or after 5 to 10
working days if you have choosen payment through your digital wallet Wallet.
In the event that the
said Recharge Session final amount is greater than the amount reserved at the
start of the Recharge Session and there is insufficient balance in your bank
account to pay the Recharge Session final charge by Bank Card, they will be
executed daily via the PlugQ Application attempts to charge the final charge
amount of the Recharge Session to your Bank Card until it is paid off. To
perform a subsequent Recharge Session you will need to pay the final charge
amount of the immediately preceding Recharge Session.
After completing each
Recharging Session, you will receive the respective legal receipt for the
payment that you made, on the e-mail that you have registered on your Account.
In the event that
during a Recharging Session the connection of the Recharging Point to the
internet is interrupted for any reason and it is not possible at that time to
record and charge the actual energy injected into the battery of your Electric
Vehicle during the respective Recharging Session, this it will be automatically
recorded and charged via the PlugQ App afterwards when the Recharge Point is
back online.
For Non-Registered Users
You will reach the
Operational Recharging Point that you have selected as a Visitor (Guest Mode)
either through the mobile App PlugQ or
by scanning the QR Code located on a special sticker on the charger’s façade and
you will be informed of the charges that you will have to pay while carrying
out a Recharging Session at this Recharging Point of IXION’s Network.
For conducting one or
more Recharging Sessions, the Registration process to the PlugQ App is
necessary as well as creation of Registered User Account for use of the PlugQ
eMobility service, by following the relevant procedure described above.
The Terms and
Conditions of Use of the PlugQ Application are posted on the PlugQ App
and on the ixion.gr Web Site. By using the PlugQ App you must, upon
entering it, read and understand its Terms of Use before proceeding.
The PlugQ Application
indicates in a clear and detailed way, all the steps to be followed as well as
the data to be registered for its correct use.
You have the
possibility either to accept or to reject the access of the App PlugQ to your location. If you accept
it, the access of the App PlugQ to
your location, by transferring geolocation data, will contribute to the optimum
operation of the App PlugQ for you,
since you will be able to be aware at any time of the nearest available
Recharging Point for your Electric Vehicle. The option to allow the App PlugQ to have access to your location is
not related to the use of the App PlugQ
from you, given that you will be able to make use of the App PlugQ, regardless of whether you have
accepted or not the access of the App PlugQ
to your location.
During the use of the
App PlugQ, you undertake the
obligation:
1. Not to proceed to false or malicious
statements.
2. To provide IXION with true and accurate
data and to update them immediately whenever there is any change in their
content.
3. To strictly comply with the
Instructions for the Safe Recharging of Electric Vehicle, as these are listed
in Annex Β’
of these Terms, and to ensure that the devices you use (including your Electric
Vehicle) possess all the necessary technical specifications for the due use of
the eMobility Service PlugQ and for
the safe execution of each Recharging Session.
4. To comply with these Terms and the
applicable legislation per case, and to immediately inform IXION in case you
identify any defect or mistake during the use of each Recharging Point of IXION’s
Network.
5. To inform IXION in any expedient means,
in case you become aware of any unsuitable use, illegal storage, processing or
utilization of the App PlugQ and/or
the eMobility Service PlugQ in
general.
IXION may temporarily
interrupt your access to the eMobility Service PlugQ and/or the App PlugQ
for the reasons described in detail in section 8 of these Terms. If one of the
cases listed in section 8 above occurs, IXION will make every possible effort
to inform you beforehand or within a reasonable period of time. By exception,
if your access to the eMobility Service PlugQ
and/or the App PlugQ is
interrupted due to a liable act or omission on your part, you will be committed
by the obligations that you undertake with the applicable Terms per case.
ANNEX Β’ – INSTRUCTIONS FOR THE SAFE RECHARGING OF
ELECTRIC VEHICLE
Each Recharging Point
and Infrastructure of IXION’s Network is intended exclusively for the
recharging of Electric Vehicles that are compatible with charging method 3
(Mode 3 AC Charging) or charging method 4 (Mode 4 DC Charging). The End User of
each Recharging Point and Infrastructure of IXION’s Network must comply with
the following Instructions for the Safe Recharging of their Electric Vehicle in
each Recharging Session; specifically:
– The use of a Recharging Point or
Infrastructure of IXION’s Network is forbidden for minors under eighteen (18)
years old at Recharging Points or Infrastructures of IXION’s Network without
supervision by their parents or guardians.
– While carrying out a Recharging
Session of an Electric Vehicle, you are not allowed to proceed to any other
action, except the recharging of your Electric Vehicle.
– Before starting the Recharging
Session, you must read the instructions posted on each Recharging Point and
follow the steps one by one. We recommend that you become familiar with the
Instructions of Use for your Electric Vehicle before starting the Recharging
Session.
– The use and operation of each
Recharging Point of IXION’s Network is only allowed as long as this is in an
excellent condition and the App PlugQ
lists it as an available for use/Operational Recharging Point.
– If, when you arrive at a Recharging
Point, you identify some wear or damage of the charger or relevant
installations, do not proceed to the recharging of your Electric Vehicle. Move
away from the Recharging Point and immediately contact IXION’s Customer Service
Department, either by calling +30 216 004 3700 on business days from 09:00 am
to 05:00 pm, or in writing by sending an email to support@ixion.gr.
– It is explicitly forbidden to connect
electrical or other devices or tools of any kind to the charger. It is
forbidden to interpose some other device between the cable connecting you
Electric Vehicle and the charger.
– Use the cable provided by the
manufacturer of your Electric Vehicle or another suitable supplier in
accordance with the specifications provided by the manufacturer of your
Electric Vehicle, with CE certification.
Otherwise, IXION bears no responsibility whatsoever for any damage that
may occur.
– Before starting the Recharging
Session, diligently check the charging cable for any wear or damage. The
contact surface of the cable must not get in contact with heat sources,
flammable materials or water.
– No extension cable must be connected
to the charging cable.
– Always disconnect the charging cable
by pulling on its connector handle. Do not pull the charging cable itself.
– Handle the charging cable with care
and do not touch the cable or charger with wet hands.
– Do not attempt to touch the charger’
cavity with your fingers or any other object.
– Do not attempt to use objects or
other tools in order to remove the charging cable.
– It is forbidden to use defective,
worn or dirty sockets, plugs or charging terminals.
– Do not attempt to start the engine of
the Electric Vehicle when it is connected to the charger.
– Make sure that you have removed the
charging cable before you start your Electric Vehicle.
– After completing a Recharging
Session, remove your Electric Vehicle from the Recharging Session and do not
park at the charging space without due cause. The Recharging Point must remain
free, so that it can be used by the next Electric Vehicle driver.
– During your arrival
at, stay in and departure from the Recharging Point of IXION’s Network, you
must pay due attention to avoid causing any damage on the charger because of
your driving manoeuvres and your driving behaviour in general.
– At each Recharging Point of IXION’s
Network that uses charging method 3 (Mode 3 AC Charging), there is no
autonomous power switch accessible by the End User. The line switch of the
charging cable functions as the power interruption installation.
– At each Recharging Point of IXION’s
Network that uses charging method 4 (Mode 4 DC Charging), there is a switch for
the emergency stop of the charging procedure (emergency STOP). Moreover, there
is no autonomous power switch accessible by the End User. The line switch of
the charging cable functions as the power interruption installation.
– No arbitrary intervention,
transformation, modification or attempt to repair the Recharging Points or
Substations of IXION’s Network, except by the authorised and especially trained
IXION crew.
– It is not allowed to remove
instructions, safety signs, technical characteristics, etc. from the Recharging
Points and/or Infrastructures of IXION’s Network.
– Do not clean the charger and/or the
Recharging Infrastructure, and do not use strong solvents, detergents or
flammable materials of any other nature, spraying water (garden hose, pressure
washer, etc.) or very high-pressure water in the area.
Indicative Instructions for the Safe Recharging
of Electric Vehicle through the App PlugQ.
Charge Start:
1. Connect the
charging cable to your Electric Vehicle.
2. Open the mobile App
PlugQ on your mobile electronic
device.
3. Select the charger
of your choice from the App PlugQ or
scan the QR Code located on the charger, in order to verify the Recharging
Point.
4. Select the plug
that you have connected, where billing method and the prices are shortly
displayed.
5. Proceed to the next
step, where the charges are summarized and, as long as you agree, proceed to
the payment of the Recharging Session.
6. The LED indicator
light changes colours according to the charging instructions listed on a
special sticker on the charger’s facade, verifying, on the one hand, that
recharging is allowed and, on the other, that recharging is in progress.
7. Connect the
charging cable to the Recharging Point.
Charge
Interruption:
1. Select, through the
App PlugQ when you wish to finish the
Recharging Session.
2. The LED indicator
light changes colours according to the charging instructions listed on a
special sticker on the charger’s facade.
3. Disconnect the
charging cable from your Electric Vehicle.
4. Disconnect the
charging cable from the Recharging Point.
