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SOFTWARE ACCESS AGREEMENT

 

This contract regulates the relationship between Greencar.me d.o.o. (hereinafter Greencar.me, the Contractor) - a person who acts in accordance with the subject of this Agreement,

a

Client - any person who:

downloaded the Greencar.me Charge mobile application

intends to obtain the access provided for in this Agreement,

confirmed such intention by registering in the Contractor's system,

who logged into his account in the Contractor's system,

therefore, it is considered that he has read the provisions of the Agreement, accepted them and consented to the storage and processing of his personal data in connection with the provision of the relevant services.

 

1. SUBJECT OF THE CONTRACT

1.1. Under this Agreement, the Contractor provides access to the Greencar.me Charge electric vehicle charging software (hereinafter referred to as "Access"), and the Client is obliged to pay for such Access.

 

2. PAYMENT

When paying in accordance with the provisions of point 2 of the Agreement, the Client has the right to access the Greencar.me Charge software using chargers for electric vehicles (including their connectors and associated parking spaces), information about which is available on the Contractor's website and in the Contractor's mobile application .

2.1. The Client undertakes to pay for Access by pre-depositing or reserving funds for the amount the Client wishes to spend in the Contractor's system. In case of excess or deficiency of this amount, the Contractor's system returns or rejects the difference in calculations from the Client. This can happen automatically and initiated by the Contractor or the Client.

2.2. Tariffs for accessing the software of each charger are indicated in the Contractor's mobile application.

2.3. Payment is made by depositing or reserving funds to the Client's personal account in the Contractor's system in the amount of at least 20 euros.

2.4. When the Client receives Access under this Agreement, the mobile application debits or reserves the funds of the client's bank card in the settlement system or systems offered by the Contractor in the amount of costs determined in accordance with the provisions of the clauses. 2.2., 2.3. of this Agreement.

2.5. The Contractor is not obliged to fulfill the conditions of this Agreement if the amount of funds deposited in advance or reserved by the Client is less than the amount specified in point 2.3.

 

3. RIGHTS AND OBLIGATIONS OF THE PARTIES IN THE AGREEMENT3.1. The client has the right to:

3.1.1. to receive from the Contractor complete and reliable information about the costs and implementation procedure of this Agreement on the Contractor's website and in the Contractor's mobile application;

3.1.2. make payment in advance or by reserving funds in the Contractor's system at any time.

3.2. The contractor has the right to:

3.2.1. introduce additional paid services or change the price, the amount of funds determined in paragraphs 2.1., 2.2. Agreement;

3.2.2. unilaterally amend the Agreement and publish relevant information on the Contractor's website and in the Contractor's mobile application;

3.2.3. store and process the Client's personal data submitted to the Contractor during the execution of this Agreement;

3.2.4. change the location of charging stations, their technical parameters, increase or decrease their number;

3.2.5. not to return funds spent by the Client in the Contractor's system;

3.2.6. suspend the fulfillment of the terms of this Agreement and, in the future, fail to fulfill its obligations towards the Client who violates the terms of the Agreement, especially with regard to compliance with the Client's obligations from point 3.3. of the Agreement and/or did not pay the penalty amount stipulated in point 5.1. Agreement;

3.3. The client is obliged to:

take care of the property used by the Client to directly obtain Access under this Agreement;

not to spread false information regarding the Contractor or the conditions for the implementation of this Agreement;

not disclose confidential information;

use the parking space directly next to the charger for electric vehicles exclusively for its purpose - to accommodate an electric vehicle that is charging (being charged) from such a charger.

3.4. The contractor is obliged to:

3.4.1. deliver to the Client on the Contractor's website and in the Contractor's mobile application information about the valid terms of the Agreement and the implementation of these terms;

3.4.2. ensure the proper functioning of the support service within its technical capabilities.

 

4. CONFIDENTIAL INFORMATION

4.1. All information in any form belonging to the Contractor, i.e. personal data entered by the Client during registration and/or in the process of obtaining Access under this Agreement and using the mobile application, website, or disclosed or provided by the Client in any way to the Supplier and related to the fulfillment of the terms of this Agreement (hereinafter referred to as "Confidential Information") will be treated as confidential. The Supplier guarantees that it will make every effort, taking into account the resources available to it, to keep the confidential information, and undertakes not to use the confidential information for any purpose other than ensuring the implementation of this Agreement. Upon termination of this Agreement, the Supplier shall take all measures with respect to the materials relating to any confidential information, including without limitation, the destruction of such materials or their return to the Supplier, deletion from the information storage device. It shall not be considered a violation of the terms of this Agreement that the Supplier uses confidential information independently and/or with the involvement of third parties. The supplier has the right to disclose confidential information only under conditions specified by law and/or in the interest of national security, economic well-being and human rights.

The client, agreeing to the terms of this Agreement, agrees to the processing of his personal data.

The Client shall not publish or notify for publication any information relating to this Agreement, or which mentions the Contractor or implies the name of the Contractor, its subsidiaries or affiliates, or their respective employees, fiduciaries, officers or representatives or the trade or business names of the Contractor or its subsidiaries or affiliated companies without the prior written approval of the Contractor.

 

5. PHOTO AND VIDEO RECORDING

By agreeing to this Agreement, the Client consents to photographing or video recording himself and his car in the territory bordering the charging complex.

At the same time, the Contractor confirms that the video recording is done exclusively for the purpose of ensuring the safety of the equipment and that it is used for the protection of the facility.

The Contractor is informed that the Contractor will process photo and video materials in an automated manner. Photo and video materials, after the contract expires, can remain in the Contractor's archive, in accordance with the current legislation of the Republic of Montenegro. This consent is valid until the expiration of the contract on the relationship between the Client and the Contractor, established by the current legislation of the Republic of Montenegro.

6. LIABILITY

The Contractor has the right to determine the amount of fines to be paid by the Client in case the Client commits the following violations:

negligent treatment of property used by the Client to directly obtain Access under this Agreement;

intentional damage to property used by Client to directly obtain Access under this Agreement;

dissemination of false information about the Supplier or the process of fulfilling this Agreement;

disclosure of confidential information.

After discovering the fact that the Client has committed the violations listed in point 5.1. of the Contract, the Contractor, in each specific case, determines the amount of the fine that the Client pays for such a breach, about which he informs the Client in writing (by e-mail).

Upon payment of the fines provided for in point 5.1. of the Agreement, the Supplier may continue to fulfill the terms of this Agreement.

In case of breach of the obligation by the Client established in point 3.3.4. of the Agreement, the Contractor has the right to suspend the fulfillment of the terms of this Agreement on his part for a period of 7 (seven) calendar days.

Pressing the RED EMERGENCY SWITCH during charging WITHOUT A TRUE EMERGENCY is fined 20 euros.

 

7. OTHER TERMS

7.1 Amendments to the Agreement shall enter into force from the moment they are published as part of the text of the Agreement on the Contractor's website and in the Contractor's mobile application.

7.2 In case of disagreement with the changes to the Agreement made by the Contractor, the Client must immediately (from the day when such disagreement is discovered by sending a written message to the Contractor's e-mail address) terminate this Agreement. If the Client continues to receive access under this Agreement, it is considered that the Client has agreed with the previously made changes to the Agreement.

7.3 This Agreement is valid from the moment the Client registers in the Contractor's system or the Client logs in to his account in the Contractor's system as a registered user, which will be considered an implicit action of the Client in order to conclude and sign this Agreement.

7.4 Applicable law and competent court

All disputes between Owners and Users are resolved by the competent court in Podgorica. The current laws and regulations of Montenegro will apply to relationships that are not regulated by these Terms of Use.

7.5 The contract is concluded for a period of 1 year.

7.6 If one month before the expiration of the Agreement, the Client 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 and such extension occurs automatically every year.

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