This Agreement is concluded between the FE LLC “TOSHELECTROAPPARAT”, hereinafter referred to as the “Contractor”, providing Services in accordance with the subject of this Agreement, and the “User” ‒ a person who intends to receive the Services provided by this Agreement, who confirmed such intention by registering in the software and hardware management complex of the Contractor’s chargers (hereinafter referred to as – Service), or who has logged into his account in the Contractor’s system, and therefore is considered such that he has read the provisions of the Agreement, accepted them and provided consent to the storage and processing of his personal data in accordance with the Law of the Republic of Uzbekistan “On Personal Data” dated 02.07.2019 No.ZRU-547 in connection with the provision of the relevant Services.
1. SUBJECT OF THE AGREEMENT
1.1. The Contractor under this Agreement provides services for charging the batteries of electric vehicles of Users using the Contractor’s charging stations management system (hereinafter referred to as “Services”).
1.2. The User understands the specifics of the Services and agrees that the Contractor can change the functionality of the Service.
1.3. The User undertakes to pay the Contractor for the Services by first depositing funds to the User’s personal account in the Contractor’s system.
2. GENERAL PROVISIONS
2.1. The User’s use of the Service, as well as any of its functionality, means the User’s unconditional consent to all the clauses of this Agreement and unconditional acceptance of its terms and obligations imposed on the User under this Agreement. The fact that the User uses the Service, any of its functionality, as well as the User’s registration in the Service (creating an account in the system) is a full and unconditional acceptance of the terms of this Agreement, ignorance of which does not release the User from responsibility for their non-compliance.
2.2. The Contractor has the right to change and (or) supplement the Agreement at any time with subsequent notification to the User. The changes come into force from the moment they are published in the mobile application, in compliance with the requirements established by the legislation of the Republic of Uzbekistan.
2.3. The User undertakes to regularly familiarize himself with the contents of this Agreement in order to get acquainted with its changes in a timely manner. The use of the Service after any changes to the Agreement means the User’s consent to such changes and/or additions.
2.4. If the User does not agree to comply with the terms of this Agreement in whole or in part, the User should not use the mobile application and Service, and if the User is already registered, you should delete the account and / or stop using the Service.
3. PAYMENT FOR SERVICES
3.1. The cost of Services includes tariffs for electric energy and operating costs of the Contractor and is set in accordance with the tariffs that are calculated separately for each charging station.
3.2. The tariffs of each charging station are indicated in the mobile application of the Contractor.
3.3. Payment for Services is carried out by depositing funds to the User’s personal account in the Contractor’s system. The User’s status is considered active if there is an amount of at least 100,000 (one hundred thousand) sum on the personal account.
3.4. Upon direct receipt of Services by the User, funds are debited from the User’s personal account in the Contractor’s system in the amount of the cost of Services determined taking into account the provisions of clauses 3.1., 3.2. of the Agreement.
3.5. The User’s funds, which are credited to the Contractor’s bank account, and, subsequently, to the User’s personal account in the Contractor’s system, are a prepayment for further receipt of Services and are not subject to refund to the User under any conditions.
3.6. The Contractor is not obliged to provide the User with Services with an inactive status when the amount of funds on the personal account of such User is less than 100,000 (one hundred thousand) sum.
3.7. Subject to payment for Services in compliance with the provisions of Section 3 of the Agreement, the User has the right to receive Services using free charging stations, information about which is available in the Contractor’s mobile application.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The User has the right to:
4.1.1. receive full and reliable information from the Contractor about the cost and procedure for providing Services in the Contractor’s mobile application;
4.1.2. to pay for Services by depositing funds to a personal account in the Contractor’s system at any time.
4.2. The Contractor has the right to:
4.2.1. to introduce additional paid services or to change the cost of Services, the amount of funds set out in clauses 3.4., 3.6. of the Agreement;
4.2.2. unilaterally amend the Agreement and post the relevant information in the Contractor’s mobile application;
4.2.3. store and process the User’s personal data that were provided to the Contractor when providing Services in accordance with the Law of the Republic of Uzbekistan “On Personal Data” dated 02.07.2019 №. ZRU-547;
4.2.4. change the location of charging stations, their technical parameters, increase or decrease their number;
4.2.5. do not make a refund of funds deposited to the User’s personal account in the Contractor’s system;
4.2.6. to suspend the provision and, in the future, not to provide Services to a User who violates the terms of the Agreement, including in terms of compliance with the User’s obligations under clause 4.3. of the Agreement, and / or has not paid the amount of penalties provided for in clause 6.1. of the Agreement;
4.2.7. block the User’s access to the service and /or account and /or Services (including paid ones) in case the User violates the terms of this Agreement or if the Contractor considers the User’s actions fraudulent, malicious, aimed at disrupting the operation or functionality of the Service, undermining the reputation of the Service or brand, dos attacks, etc. The funds paid by the User for using the Service, in this case, are not subject to refund by the Contractor.
4.3. The User is obliged to:
4.3.1. bear full responsibility for any actions committed using his account, as well as for any consequences that such use could and/or entailed;
4.3.2. do not attempt to disable or otherwise interfere with any technical means of protecting the Service or intellectual property objects posted on it that prevent or restrict the use or copying of any information or intellectual property objects posted on the Service;
4.3.3. do not attempt to modify or modify any part of the Service, as well as not to use the Service, intellectual property objects posted on it, for commercial purposes;
4.3.4. take care of the property that is used by the User for direct receipt of Services;
4.3.5. do not disseminate false information about the Contractor or the provision of Services by the Contractor;
4.4. The Contractor is obliged to:
4.4.1. provide the User with information in the Contractor’s mobile application regarding the current terms of the Agreement and terms of Service, including the cost of Services, addresses of the location of charging stations;
4.4.2. ensure the proper functioning of the support service.
5. INTELLECTUAL PROPERTY
5.1. All the results of intellectual activity used and posted in the Service, as well as the Service itself, are the intellectual property of their rightful owners. Any use of intellectual property objects posted in the Service (including elements of the visual design of the Service, symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without the permission of the Performer or the copyright holder is illegal and may serve as a basis for legal proceedings and bringing violators to civil, administrative and criminal liability, in accordance with the legislation of the Republic of Uzbekistan.
5.2. Except for the cases established by this Agreement, as well as the current legislation of the Republic of Uzbekistan, no intellectual property object posted on the Service may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in parts without the prior permission of the Contractor.
5.3. Access to intellectual property objects posted on the Service is provided exclusively for personal non-commercial use without the right to other use not provided for in this Agreement, including their sale, modification, distribution in whole or in parts, etc.
5.4. Any other use not provided for in this Agreement is a violation and may serve as a basis for bringing to responsibility in accordance with the current legislation.
5.5. Any objects of intellectual property contained in the Service may be removed or changed without notify the User.
6. RESPONSIBILITY
6.1. The Contractor has the right to determine the amount of penalties payable by the User in case the User commits the following violations:
6.1.1 negligent attitude to property that is used by the User to directly receive Services;
6.2. After the fact of the User committing violations specified in clause 6.1. of the Agreement is revealed, the Contractor in each individual case determines the amount of penalties payable by the User for committing such a violation, which the User is notified in writing (by e-mail).
6.3. In case of payment of the amount of penalties provided for in clause 6.1. of the Agreement, the Contractor may continue to provide Services to the User.
6.4. The Contractor is not responsible for any kind of damage incurred by the User or a third party during the receipt of the services.
7. OTHER PROVISIONS
7.1. Amendments to the Agreement come into force from the moment they are published as part of the text of the Agreement in the Contractor’s mobile application.
7.2. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Republic of Uzbekistan.
7.3. This Agreement is valid from the moment the User registers in the Contractor’s system or the User logs into his account in the Contractor’s system as a registered user, which will be regarded in accordance with Article 106 of the Civil Code of the Republic of Uzbekistan.
7.4. The Agreement is concluded for a period of 1 year.
7.5. If one month before the expiration of the Agreement, the User or the Contractor does not notify the other party of the Agreement in writing about its termination, the Agreement is considered extended for a period of 1 year.