TERMS OF USE
1. GENERAL
1.1. The Mobile Applications “ENO” and “ENO Install” (hereinafter, the “Application”) are applications created and provided by Enovates NV registered with the Crossroads Bank of Enterprises under number 0833.089.547 and having its registered office at Brandstraat 13, 9160 Lokeren (Belgium) (hereinafter, “Enovates”).
1.2. These Terms of Use (hereinafter, the “Terms”) will apply to each person using the Application (hereinafter, the “User”).
1.3. PLEASE READ THESE TERMS CARREFULLY AND IN THEIR ENTIRETY BEFORE PURCHASING MATERIALS THAT REQUIRE THE USE OF THE APPLICATION AND BEFORE USING THE APPLICATION. BY TICKING THE BOX ON THE “I HAVE READ THE TERMS OF USE AND I AGREE” FIELD, THE USER EXPRESSLY ACCEPTS THESE TERMS. IN CASE OF DISAGREEMENT WITH THE TERMS, THE USER RENOUNCES TO USE THE APPLICATION AND UNDERTAKES TO UNINSTALL IT FROM ANY DEVICE ON WHICH IT HAS BEEN DOWNLOADED.
1.4. The present Terms shall prevail over any other terms and conditions. Any other terms and conditions are hereby explicitly rejected, and they shall be wholly inapplicable to the use of the Application.
2. APPLICATION
2.1. The Application is a mobile application that enables users to commission, configure and validate Enovates charging stations (hereinafter, the “Charging stations” or individually “Charging station”).
2.2. The Application is downloadable from the Apple App Store and Google Play Store platforms. The Application is compatible with devices meeting the minimum system requirements as specified in the Application’s listing on the Apple App Store and Google Play Store. The User will bear the costs of subscription to the cell phone operator, the costs of connection and access to the Internet network and any additional costs charged for loading data.
2.3. To use the Application (and therefore be able to commission, configure and/or validate the Charging stations), the User must have access to a code (e.g. a QR code) linked to a Charging station. The code differs depending on the quality of the User:
– The Installer code is a code for the professional in charge of the installation and configuration of the Charging station (hereinafter, the “Installer”);
– The User Code is a code for the End-user of the Charging station (hereinafter, the “End-User”).
Both codes are located on the Charging station itself and on the manual or any related documentation that comes with the Charging station.
2.4. The use of the Application enables the User to perform a varying number of functionalities in relation to the commissioning, configuration and validation of the Charging station as further descripted in the manual or any related documentation that comes with the Charging station.
3. LICENSE
3.1. Subject to the User’s fulfilment of all obligations under the Terms, Enovates grants to the User a non-exclusive, personal, non-transferable, non-sublicensable license to use the Application for the purpose of commissioning, configuring and validating the Charging station (hereinafter, the “License”).
3.2. THE USER AGREES NOT TO USE THE APPLICATION FOR ANY PURPOSE THAT MAY BE DETRIMENTAL TO ENOVATES’ BUSINESS ACTIVITIES OR COMMERCIAL INTERESTS.
4. INTELLECTUAL PROPERTY
4.1. Any and all intellectual property rights (i.e., but without an exhaustive character, any and all (a) rights associated with works of authorship, including copyrights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) design rights, (f) trade and business names, domain names, database rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, continuations, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world) in the Application are and remain the sole property of Enovates.
4.2. Except as expressly set forth in Article 3.1, no express or implied license or right of any kind is granted to the User regarding the Application.
4.3. The User agrees to use the Application only for the purpose of commissioning, configuring and validating the Charging station and the User agrees not to disseminate the Application, in any form, to any person or entity.
4.4. The User will not, and will not encourage any third party to: (i) modify, adapt, alter, translate, or create derivative works of the Application; (ii) reverse-engineer, decompile, disassemble, or attempt to derive the source code for the Application; (iii) distribute, license, sublicense, lease, rent, loan or otherwise transfer the Application to any third party; (iv) remove, alter, obscure in any way the proprietary rights notices of Enovates; (v) use the Application for the purpose of creating a product or service competitive with the Application; (vi) use the Application in connection with any unsupported software or hardware.
4.5. THE USER MAY NOT REMOVE OR CIRCUMVENT ANY TECHNICAL PROVISIONS THAT WERE INSTALLED TO PROTECT THE APPLICATION (OR HAVE THESE REMOVED OR CIRCUMVENTED BY OTHERS).
4.6. The User will refrain from any action that can in any way be damaging Enovates or reputation associated with Enovates’ trademarks. The User will refrain from registering Enovates’ trademarks or any similar trademark for similar activities anywhere in the world.
5. DATA PROTECTION
5.1. In order to enable the User to use the Application, Enovates collects some information about the User. Such data can be qualified as “personal data” within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
5.2. Enovates processes such data for the purpose of error tracking and bug fixing, authentication of the User, performance of the contract, statistical purpose or, with the User’s consent, marketing purpose. For more information about the data collected and their processing, the User is invited to consult the Privacy Policy .
5.3. The Application works with several trackers. These trackers are necessary for purely technical reasons to ensure a normal use of the Application. Due to the technical necessity, only an information obligation applies, and these trackers are set as soon as you use the Application. For more information on the data collected and on this processing, the User can consult the Cookie Policy .
6. WARNINGS
6.1. THE CHARGING STATIONS ARE CONNECTED TO THE ELECTRICITY GRID AND SHALL BE COMMISSIONED, CONFIGURED AND VALIDATED SOLELY BY A PROFESSIONAL INSTALLER WITH THE NECESSARY EDUCATION, SKILLS AND TRAINING.
6.2. The User will read the manual and guidelines when installing and using the Charging stations.
6.3. The User will not delete warning labels from the Charging stations or make them unreadable.
6.4. The User will not open the Charging stations without turning off the electricity supply and following the safety instructions.
7. WARRANTIES AND DISCLAIMERS
7.1. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS”.
7.2. Enovates hereby disclaims all other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any warranties of content, satisfactory quality, accuracy, completeness, reliability, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Application, as the case may be, provided to the User by Enovates.
7.3. Enovates does not warrant that the Application is error-free. The User specifically acknowledges and agrees that Enovates cannot be held liable for any errors when using the Application or as an outcome of using the Application. Enovates also does not warrant the uninterrupted use of the Application.
7.4. THE USER IS AWARE AND AGREES THAT ENOVATES WILL IN ANY CASE NOT BE LIABLE FOR ANY CONSEQUENCES RESULTING FROM THE OPTIONS CHOSEN MANUALLY BY THE USER OR FROM THE SETTINGS PRESET BY THE SELLER OF THE CHARGING STATION. THEREFORE, BEFORE USING THE APPLICATION, THE USER IS REQUIRED TO CONFIRM THAT IT KNOWS THE LOCAL ELECTRICITY AND SAFETY REGULATIONS AND CONSTRAINTS AND, IF NOT, IS OBLIGED TO USE A PROFESSIONAL. IF THE USER IS AN INSTALLER, IT IS ALSO REQUIRED TO CONFIRM THAT THE WORKMANSHIP WILL BE MADE IN ACCORDANCE WITH THE BEST STANDARD PRACTICES AND IN CONFORMITY WITH APPLICABLE REGULATIONS. THE USER IS ALSO AWARE AND AGREES THAT THE VALIDATION PART OF THE APPLICATION DOES NOT MEAN THAT THE CONFIGURATION IS VALID OR WELL-MADE. THE USER IS THEREFORE ALWAYS OBLIGED TO VERIFY AND CHECK ITSELF OPTIONS.
7.5. The User will not use any sources containing viruses, worms or other malicious computer programming codes intended to damage or actually damage the Application or, Enovates’ system or data.
8. LIABILITY
8.1. Enovates is under no circumstances liable for any damage caused:
8.1.1. by using the Charging station/Application in a manner for which it is not intended or suitable;
8.1.2. due to abnormal use by the User;
8.1.3. if it cannot be demonstrated that the defect was present at the time the Charging stations were put into the market;
8.1.4. by hacking Enovates’ IT systems, provided that Enovates has taken all reasonable security measures;
8.1.5. by phishing, pharming or other forms of internet fraud or other criminal activities;
8.1.6. as a result of the poor functioning of the internet connection, broadband connection or any other service, infrastructure or hosting service over which Enovates has no control;
8.1.7. by viruses, trojan horses or bugs in the hardware or software used by the User;
8.1.8. due to force majeure or hardship;
8.1.9. as a result of the conformity with mandatory government regulations; and
8.1.10. as a result of incorrect installation or maintenance.
8.2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ENOVATES IS NOT LIABLE FOR THE DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE (USE OR INABILITY TO USE THE) APPLICATION, UNLESS IN THE CASE OF INTENTIONAL FAULT OR WILLFUL NEGLIGENCE.
8.3. To the extent legally permitted under applicable law, Enovates will not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, loss of productivity, loss of data, revenue or income, goodwill, reputation, procurement of substitute services, costs of interventions or calibrations, including but not limited to, for any miscalculations, incorrect conversion of data, or the use, misuse, or inability to use the Application, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise. Enovates will not be liable to the User or any third party for the damages to equipment on which the Application has been downloaded.
8.4. For the avoidance of doubt, Enovates will not be liable for any claims resulting from: (a) the User’s or User’s employees’, helpers’ or agents’ unauthorized use of the Application; (b) User’s or any third party’s unauthorized modification of the Application; (c) User’s use of the Application in combination with any incompatible hardware or software; (d) User’s or User’s employees’, helpers’ or agents’ use of the Application in violation of any of the Articles of these Terms.
8.5. DESPITE THE FOREGOING PROVISIONS, IF ENOVATES IS FOUND LIABLE FOR A GIVEN DAMAGE, ENOVATES’ LIABILITY WILL, IN ANY CASE, BE LIMITED TO THE PRICE PAID FOR THE APPLICATION AND THE CHARGING STATION CONCERNED.
8.6. The exclusions and limitations of liability under these Terms will operate to the benefit of Enovates’ affiliates, subcontractors and resellers to the same extent such provisions operate to the benefit of Enovates; and all exclusions and limitations of liability enforceable towards User are also, to the same extent, enforceable to User’s employees, helpers and/or agents.
9. SUPPORT
9.1. This License to the Application, whether for free or payable, does not cover support in relation to the Application.
9.2. Any support to be delivered by Enovates shall be payable on a time and materials basis unless agreed otherwise between the parties.
9.3. Support shall only be provided during working days, excluding Saturdays, Sundays and legal holidays. Likewise, support shall only be provided during normal business hours (i.e. 9.00 am-5.00 pm CET).
9.4. User shall ensure that Enovates can have access to the Charging station and/of the Application and that no security measures prevent the latter from providing support.
9.5. Enovates shall have no responsibility to provide support with respect to any problem caused by:
9.5.1. any software, device, or other product not officially released by Enovates;
9.5.2. neglect, misuse, modification or enhancement to the Charging station/Application by any third party;
9.5.3. negligence, hardware malfunction or other causes beyond the control of Enovates;
9.5.4. failure of User to provide a suitable installation, operating environment or internet connection;
9.5.5. use of the Charging station/Application for a purpose other than the purpose for which it was designed.
9.6. Enovates shall have no obligation to support a defect that cannot be solved at location or via remote access.
9.7. Enovates shall have no obligation to provide a written report about the incident or defect.
9.8. Enovates is not obliged to carry out updates or develop upgrades. The User cannot refuse updates or upgrades to the Application that help to solve incidents.
10. TERM AND TERMINATION
10.1. The License is offered by Enovates for an indefinite period, which starts at the first date of use of the Application. Such License allows the User to use the Application as long as the User complies with these Terms.
10.2. Enovates may terminate with immediate effect the License, without any compensation being due to the User if Enovates believes or has reasonable grounds to suspect that the User is violating these Terms.
10.3. Without prejudice to the foregoing, and at Enovates’ sole discretion, Enovates may decide, in the event of breach, to suspend the License or rendering of related services.
10.4. Upon the termination for any reason whatsoever in accordance with the provisions of these Terms, the User will discontinue any use of the Application and will uninstall it from every device on which it has been downloaded.
11. FORCE MAJEURE AND HARDSHIP
11.1. Enovates will not be liable for any failure or delay if such delay or failure is due to causes beyond Enovates’ control due including by not limited to:
11.1.1. Force majeure such as fire, explosions, floods, storms, lightning, strikes, labour disputes, epidemic outbreak, war or acts of terrorism, unauthorized access to Enovates’ information technology systems by third parties; and
11.1.2. Hardship such as a shortage of raw materials, power outages, trade embargoes, government orders or changing regulations, telecommunications, network, computer, server or Internet downtime, or any other economic circumstance beyond the reasonable control of Enovates.
11.2. Enovates shall notify the User via the Application of the nature of such force majeure or hardship event and the effect on the ability to perform the obligations and how Enovates plans to mitigate the effect of such force majeure or hardship event.
11.3. In the event these circumstances last longer than thirty (30) calendar days, Enovates is legally entitled to terminate the license.
12. MISCELLANEOUS
12.1. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law
12.2. Enovates reserves the right to amend these Terms, subject to prior notification of the new Terms to the User. Use of the Application after such notice constitutes acceptance without reservation of the modified terms.
12.3. The User acknowledges that Enovates may from time-to-time release updated or upgraded versions of the Application and may automatically electronically update or upgrade the version of the Application that the User is using on his/her mobile device. The User consents to such automatic updating or upgrading on his/her mobile device and agrees that the present Terms will apply to all such updates and upgrades.
12.4. Any failure to enforce any provision of the Terms will not constitute a waiver thereof or of any other provision of the Terms.
12.5. THESE TERMS WILL BE EXCLUSIVELY GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF BELGIUM, WITHOUT GIVING EFFECT TO ANY OF ITS CONFLICT OF LAW PRINCIPLES OR RULES. THE COURTS AND TRIBUNALS OF GHENT WILL HAVE SOLE JURISDICTION SHOULD ANY DISPUTE ARISE IN RELATION TO THE TERMS.
