Rakenduse Ignitis ON kasutustingimused

Terms of Service of the Ignitis ON Application

Revision 20/11/2024

1. Ignitis ON electric vehicle charging service provider information:

1. OÜ Ignitis Eesti
2. Legal entity code: 12433862
3. Address of registered office: Narva mnt 5, Tallinn 10117
4. Telephone No.: +37255507999
5. E-mail address: info@ignitison.ee

2. General Provisions

1. The Terms of Service of Ignitis ON Application (hereinafter referred to as the Terms of Service) set out the terms and conditions for the use of the Application, which must be complied with by each user of the Application in order to use or access the EV Charging Service provided by Ignitis and/or the EV Charging Stations of Ignitis and/or the Partners on the Ignitis ON Network.
2. Before using the Application, the Customer must read and agree to be bound by these Terms of Service, the Ignitis Privacy Policy and other documents.
3. Ignitis has the right to unilaterally change the Terms of Service at any time. Unless otherwise stated, amendments to the Terms of Service shall enter into force immediately upon posting on the Application and/or on the website https://ignitison.ee/  and/or publication by any other chosen means. In order to use the Service, the Customer must, for the first time after a change to the Terms of Service, read the changes to the Terms of Service in the Application and, if he/she agrees to the changes, confirm his/her acceptance of the changes to the Terms of Service in the Application by ticking the tick box prior to using the Service.

3. Terms used:

1. Electric Vehicle (hereinafter referred to as EV) shall mean a power-driven motor vehicle equipped with at least one non-external electrical machine acting as an energy converter with an electrically rechargeable energy storage system that can be charged from outside.
2. EV Charging Station shall mean an electrical engineering installation with one or more EV Charging Points and a common customer identification interface.
3. EV Charging Point shall mean EV Charging Interface, which allows charging one EV at a time.
4. Gift Voucher shall mean a special document with a unique code which, when attached to an Account, entitles you to use the Service for the amount specified in the gift voucher.
5. Ignitis shall mean Ignitis Eesti OÜ, legal entity code 12433862, registered office address: Narva mnt 5, Tallinn 10117, which provides electric vehicle charging services in the Ignitis ON Network.
6. Ignitis ON Network shall mean a collection of Ignitis and/or Ignitis Partner EV Charging Stations.
7. Charging Session shall mean the period of time during which charging of the Electric Vehicle is initiated, measured in terms of the duration from the time the Electric Vehicle is connected to the EV Charging Station to the time it is disconnected from the EV Charging Station.
8. Customer shall mean any natural person or legal entity who has an Account and/or uses the Service.
9. Discount Code shall mean a special combination of letters and/or numbers that gives a discount for paying for the Service. On a case-by-case basis, the Discount Code may have a limited validity period and special conditions.
10. Occupancy Charge shall mean a charge that can be applied to a Customer's Charging Session when the EV is no longer charging but the EV is still connected to the Charging Station This charge is also known as Idle fee.
11. Account shall mean the Customer's personal electronic account on the Application.
12. Service shall mean the Electric Vehicle Charging Service provided by Ignitis and/or Partner EV Charging Stations on the Ignitis ON Network.
13. Partner shall mean the owner of an EV Charging Station to whom Ignitis provides electro-mobility services by connecting the EV Charging Stations it manages to the Ignitis ON Network and mapping them accordingly on the EV Charging Station maps.
14. Privacy Policy shall mean a document in which Ignitis informs Customers about the basic principles of personal data processing and the implementation of the rights of the data subject. The Privacy Policy shall be available online at  https://ignitison.ee/isikuandmete-puutumatust-kasitlev-teade
15. Application shall mean the Ignitis ON mobile application through which the Service is used.
16. RFID Key shall mean a uniquely numbered key used as a wireless means of identifying the Customer, which allows the Customer to initiate and stop a Charging Session at Charging Stations belonging to the Ignitis ON Network.

4. Creating an Account

1. In order to use the Application, the Customer must download it from the App Store or the Google Play Store. In order to use the Service, the Customer must create an Account on the Application. When creating an Account, the Customer must:
   1. fill in the registration form on the Application, indicating the required data: e-mail address (as username), login password, etc.;
   2. get acquainted with these Terms of Service, the Privacy Policy, and other information required to be made available;
   3. express his/her consent to the Terms of Service, other documents and information;
   4. express his/her will by accepting or rejecting the receipt of direct marketing communications;
   5. add the payment method of his/her choice.
   6. By creating an Account, the Customer undertakes to provide true, accurate information and data and accepts full responsibility for the truthfulness and accuracy of the data provided during registration.
   7. When creating an Account, the Customer is prohibited from appropriating the identity of others by using someone else's name, surname and/or other data, as well as unauthorised use of other persons' Accounts. In the event that Ignitis suspects that the Application and/or the Service is being used in violation of the requirements of this Clause and the rights of others, Ignitis shall have the right, at its sole discretion, to do any or all of the following: (a) require the provision of the Customer's data that is true and accurate; (b) temporarily block the Account until such time as any violations of this Clause have been corrected and the Customer's data has been provided with a true and accurate record, and/or any other requirement of Ignitis has been complied with (such as additional authentication of the Customer, the provision of the Security Code, etc.); and (c) terminate the Account.
   8. The Account may be terminated or suspended at the Customer's request. A request for termination or suspension of an Account may be made by e-mail: info@ignitison.ee or by telephone: +37255507999. Alternatively, the Customer may terminate the Account by using the Application. A terminated Account shall not be reinstated.

5. Functionalities of the Application

1. After the creation of the Account, the Customer may use the functionalities of the Account and the Service:
   1. Search and filter the nearest EV Charging Stations based on selected criteria;
   2. Monitor real-time availability of EV Charging Stations;
   3. Start and stop a Charging Session at the selected station;
   4. Monitor charging progress in real time;
   5. Choose the preferred payment method and access payment information;
   6. Receive notifications about the end of the Charging Session and other important events;
   7. Other additional features.

6. Ordering and Conditions of Use of the RFID Key

1. The Customer can order an RFID Key using the Application. The RFID Key contains unique data that is transmitted to the EV Charging Station, allowing it to recognise the Customer and initiate the Charging Session.
2. Ignitis shall not be liable for the loss and/or unauthorised use of the RFID Key and any loss or damage suffered by the Customer as a result of the loss and/or unauthorised use of the RFID Key. In the event of loss of the RFID Key, the Customer undertakes to notify Ignitis immediately, but no later than 24 (twenty-four) hours after the event. The Customer may report the event by e-mail: info@ignitison.ee or by telephone: +37255507999. Upon receipt of notification from the Customer of a lost RFID Key, the lost RFID Key shall be blocked immediately, but no later than 5 (five) Business Days from the date of receipt of notification. The Customer shall in all cases be obliged to pay Ignitis for the Services provided before the RFID Key was blocked. If the RFID Key is blocked, the Customer can order a new RFID Key in the normal way.
3. The Customer can block the RFID Key independently using the Application.

7. Use of Gift Vouchers

1. The Gift Voucher shall be assigned to the Customer's Account after entering its unique code in the Application.
2. In order to use the Service for the amount specified in the Gift Voucher, the Customer must select the payment method in the Account prior to the commencement of the Charging Session, i.e. payment based on the amount of the Gift Voucher allocated in the Account. If the balance of the Gift Voucher is depleted while the Charging Session is in progress, the Charging Session will be interrupted and the Charging Session shall have to be restarted by selecting a different method of payment, e.g. a payment card.
3. The Gift Voucher has two important terms – the Gift Voucher Activation Term (the latest date by which it can be added to the Account) and the Gift Voucher Expiry Date (the latest date by which the Customer can use the face value specified in the Gift Voucher to use the EV Charging Service). If one of the terms expires and the Gift Voucher cannot be activated or redeemed in time, the balance of the Gift Voucher shall be cancelled and not refunded.
4. An unlimited number of Gift Vouchers can be added to an Account. Their balance shall be valid for the duration of the validity period of each individual Gift Voucher. When two or more Gift Vouchers are added to an Account, the cost of charging the EV shall be automatically charged first to the earliest Gift Voucher added to the Account.
5. Gift Vouchers are not redeemable for cash or other Gift Vouchers.
6. The unused amount of the Gift Voucher for the Service in the Customer's Account cannot be transferred to another Account.
7. All intellectual property rights in the Gift Voucher belong to Ignitis. It is prohibited to copy, modify the content, form, design or otherwise use the Gift Voucher without the prior written consent of Ignitis, in violation of the copyright held by Ignitis or the rights and legitimate interests of the owner(s) of the trade mark(s) used in the Gift Voucher.

8. Use of Discount Codes

1. The value of the Discount Code shall be assigned to the Customer's Account after entering the code in the Application.
2. The value of the Discount Code assigned to the Account may be used to make payments for the Service. Discount Codes may be subject to additional terms and conditions, which shall be determined for each Discount Code.
3. The expiry dates of the values given by the Discount Codes attached to the Account shall be indicated in the Application.
4. A Discount Code that has already expired shall not be renewed and shall not be refunded.
5. The Discount Code is not convertible into cash.
6. In order to redeem a Discount Code, the Customer must select the payment method in the Account prior to the commencement of the Charging Session, i.e. payment based on the amount of the Gift Code assigned to the Account. If the balance of the amount granted by the Discount Code is depleted while the Charging Session is in progress, the Charging Session shall be interrupted and the Charging Session shall have to be restarted by selecting a different payment method, e.g. a payment card.
7. Discount Codes shall be granted at the discretion of Ignitis.
8. Ignitis hereby reserves the right to suspend and/or cancel the validity of any Discount Code for any reason whatsoever, without prior notice. This includes, but is not limited to, cases where Ignitis believes that a Discount Code is being used illegally.

9. Pricing

1. The pricing for the Service shall be published in the Application.
2. The Charging Service shall be charged per EUR/kWh of electricity charged.
3. There may also be an EV Charging Station Occupancy Charge of EUR/min, which shall be considered as part of the Charging Service price.
4. The price for the service shall be provided in euros including value added tax (VAT).
5. Before the charging process starts, the price shall be clearly displayed in the Application or on the payment card reader screen, if available.

10. Payment for the Service

1. Depending on the payment method chosen, the Customer's funds may be reserved in a bank account to ensure that the Customer has sufficient funds to pay for the Service provided. Reservation of funds shall be carried out by the entity administering the payments.
2. After each Charging Session, the Customer's Account shall display information about the Customer's Charging Session and the amount payable for the Service provided.
3. If the Customer has entered into a contract with Ignitis for the purchase and sale of the Service under which the Customer is granted a credit limit, the Customer shall use the Service within the credit limit and shall pay for the Service in accordance with the terms and conditions specified in the contract. If the credit limit is exceeded during a particular Charge Session, the Customer shall be allowed to complete that Charge Session. If the credit limit is exceeded, the Customer may use the Service prior to the Charging Session by selecting another payment method such as a payment card in the Account. If the Customer has not entered into a Service purchase and sale contract with Ignitis, or if the Customer has not been granted a credit limit under the contract, then the fee for the Charging Session shall be automatically charged in accordance with the payment method added to the Account and selected.
4. Ignitis shall refund to the Customer any monies (or overpayment) for the use of the Service in the event that the Customer has been overcharged for a Charging Session due to technical difficulties or other circumstances beyond the Customer's control, or in the event of an accounting error. If the Customer notices that he/she has been overcharged for a Charging Session, he/she may report it to Ignitis Customer Service by e-mail: info@ignitison.ee or by telephone: +37255507999. After assessing the validity of the Customer's request and determining that the Customer has been overcharged for a Charging Session, Ignitis shall reimburse the Customer for the overcharge to the Customer's nominated bank account or, at the Customer's option, provide the Customer with a credit limit for further Charging Sessions. The credit granted shall be visible in the Customer's Account.
5. If the Customer has actually been provided with the Service, but the payment has not been successfully made after the Charging Session due to technical problems or insufficient funds in the Customer's bank account, the unpaid amount of the Service may be automatically debited when the Customer adds a new bank card in the Account, or when the Customer's bank account has sufficient funds. If, due to the circumstances, the automatic debit of the debt is not possible, the Customer may manually initiate the payment of the debt by adding the details of a new bank card in the Account or by topping up the bank account. Until the Customer has paid for the Service, i.e. there is a debt balance in the Account, the Customer shall not be allowed to continue using the Service.
6. Customers who do not have a concluded Service purchase and sale contract shall be billed only for the Service provided in the previous month. To obtain a VAT invoice, please contact info@ignitison.ee. It is important that the request is submitted by the last day of the current month. For example, to request an invoice for Services provided in February, the request must be submitted by 31 March.

11. Liability of the Parties

1. It is the Customer's responsibility to ensure that the charging of the EV is started and completed properly. In order to check whether charging has started, the Customer must follow the information on the display of the EV Charging Station, on the dashboard of the EV or in the Application. The Customer undertakes to use the Service in good faith, to use the EV Charging Equipment for its intended purpose and to protect it from damage or destruction.
2. The Customer shall be responsible for complying with the parking rules and the rules for the use of the EV Charging Station.
3. Before using an EV Charging Station, the Customer must make sure that the charging station is suitable and adapted for the vehicle. If an EV Charging Station is damaged or otherwise compromised, the Customer shall immediately inform Ignitis and shall not use the particular EV Charging Point and/or EV Charging Station. If the Customer suffers any loss as a result of the use of a visibly damaged or otherwise defective Charging Station, Ignitis shall not be liable for compensation for such loss.
4. The Customer shall be responsible for any unauthorised use of the Service. If the Customer believes that his/her Application Account has been misappropriated by another person, the Customer must immediately notify Ignitis by e-mail to info@ignitison.ee or by telephone +37255507999. In the event of any suspicion of unauthorised use or attempted unauthorised use of the Service, Ignitis shall have the right to suspend the Account for an indefinite period of time and to contact the Customer in order to inform the Customer of the circumstances.
5. The Customer shall protect his/her login and password and shall not disclose these data to any third party. Ignitis shall not be liable for any unauthorised use of the Account, misappropriation of the Account, or any damages resulting therefrom, if such incident is caused by the Customer's disclosure, loss, etc. of the Account login credentials in any form whatsoever, or by the unauthorised activities of third parties.
6. If the Customer has become aware of the data of third parties as a result of a data breach while using the Application, the Customer must immediately inform Ignitis and refrain from any unauthorised use of the data.
7. Ignitis shall have the right to suspend or terminate the provision of the Services at any time, without prior notice to the Customer, in the event of reasonable suspicion as to the correctness of the information provided by the Customer, as well as in the event of the Customer's violation of the use of the Application and/or the EV Charging Station, or if the Customer is using the Service unfairly, or in a fraudulent or abusive manner. Ignitis shall have the right to claim damages from the Customer and/or to notify the competent authorities of the Customer's potentially unlawful actions.
8. Ignitis does not undertake to ensure the uninterrupted provision of the Service, but undertakes to use its best endeavours to ensure that the Service runs as smoothly as possible. Ignitis shall not be liable in any case for the consequences of any interruptions in the provision of the above-mentioned Service. Ignitis shall also not be liable for temporary failures of the EV Charging Stations, failure of the mobile network or related functions, or suspension of the Service for reasons which turned out to be incorrect, but which Ignitis, at the time of the suspension, reasonably believed to be reasonable grounds to take action to prevent any damage to the EV Charging Stations' equipment, the Application, or to the Customer's personal data.
9. Ignitis shall not be liable for any malfunctions, errors, malfunctions of the Application, or malfunctions of third parties (e.g. a bank, a telecommunications operator, an electricity distribution operator, etc.).
10. Ignitis shall not be liable for losses incurred by the Customer or third parties if such losses are caused by the Customer's equipment that does not comply with the legislation and standards, the Customer's unauthorised actions, the Customer's false or incorrect information, the Customer's use of the EV Charging Stations for other than their intended purpose and/or not in accordance with the rules of their use. Ignitis shall not be liable for damages not attributable to Ignitis, including consequential damages.

12. Suspension and/or Termination of the Service

1. Ignitis shall have the right to suspend the provision of the Service, block or terminate the Customer's Account immediately and without prior notice to the Customer if the Customer:
   1. provides false, misleading or incomplete information when registering or using the Application;
   2. uses the identity of another person by using the name, surname or other data of another person in the Application;
   3. uses the Service in violation of the Rules and/or legal acts;
   4. uses the Service and/or the Application in connection with any potentially fraudulent activity, fraud or any other abuse, dishonesty or misuse of the Service and/or the Application. Uses bypassing software or otherwise uses or attempts to use the Service for the purpose of illegally avoiding and/or reducing the payment for the Service and/or affecting the amount of kWh actually charged, etc.
2. Where a Customer's Account is blocked or terminated for the reasons set out in Clauses 12.1.2 to 12.1.4 above, Ignitis hereby reserves the right to immediately block or terminate such Account or otherwise restrict the use of the Application and/or the Service, without prior notice, after such Customer has registered and created a new Account.
3. Ignitis hereby reserves the right to terminate a Customer's Account for failure to achieve activity levels (e.g. if the Customer has not used the Service for a period of time).

13. Data Protection

1. Ignitis shall process personal data for the purposes of provision of the Service, conclusion and performance of contracts, payment for the Service, debt management, administration and collection, and for other purposes of exercising the rights and/or fulfilling the obligations of the parties as provided for in the legislation or the contract, in accordance with the procedure laid down in 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, and with the procedure laid down in the other legal acts governing personal data protection. More detailed information about the processing of the Customer's personal data and the related rights shall be published in the Privacy Policy.

14. Final Provisions

1. The law of the Republic of Estonia shall apply to relations arising under these Terms of Service.
2. Any disputes arising between Ignitis and a client, who is not legally considered a consumer, in connection with these terms of use shall be resolved through negotiations. If the parties are unable to resolve the dispute through negotiations within 30 (thirty) days, the dispute shall be finally resolved in accordance with the laws of the Republic of Estonia.
3. For any questions regarding the terms of use, the client may contact Ignitis at the email address info@ignitison.ee.
4. A client who is legally considered a consumer may resolve disputes arising between themselves and Ignitis in writing without going to court. The client must first contact Ignitis in writing at the email address info@ignitison.ee. If Ignitis does not respond to the client's request within 14 (fourteen) days of receipt or if the client's request is not satisfied, the client may seek out-of-court resolution through the Consumer Protection Board (Tatari 39, 10134 Tallinn, email address info@aki.ee, phone +372 627 4135, website www.aki.ee), or its regional subdivision, or by filling out the application form on the electronic consumer dispute resolution platform available on the website of the State Authentication Service - Secure authentication for institutional e-services (ria.ee).
5. The content of the Application, i.e., text, graphics, images, trademarks, service marks, and logos, shall be protected by copyright and other laws of the Republic of Estonia and the European Union. Unauthorized use of such content may infringe the rights of authors, trademark holders, and other rights protected by law. By using the Application, the Customer shall not sell, modify, reproduce, display, publicly perform, distribute, create derivative works from, or otherwise exploit the content of the Application in any way for any public or commercial purpose. It shall be prohibited to use the content of the Application on any other website or networked computer environment for any purpose.
6. Ampeco LTD, registered at 205394857, registered office at 36 Dragan Tsankov Blvd., entrance A, 5th floor, Sofia 1113, Bulgaria, is the exclusive licensee of the Application and owns all intellectual property rights in the Application. The payment function of the Application shall be supported by Worldline Financial Services (Europe) SA., company registration number B144087, registered at 33, rue du Puits Romain L-8070 Bertrange, Grand Duchy of Luxembourg, which carries out and administers all payment transactions through its international offices.