1. The société anonyme under the name "NRG SUPPLY AND TRADING SINGLE-MEMBER ENERGY SOCIETE ANONYME" and the distinctive title "NRG SUPPLY AND TRADING S.A. ", which has its place of business in the Municipality of Amaroussion, at the junction of 168 Kifissias Avenue and Sofokleous street, with Tax Identification Number 998102480 of the Athens Société Anonyme Tax Office and General Commercial Registry (“G.E.M.I.”) No. 008361601000, member of the Motor Oil Hellas group, provides its customers with the "incharge" application, through which the latter can, according to the specific procedure described below, receive electromobility services, in accordance with the specific provisions set out herein. This document sets out the terms and conditions of use of the above application.
2. The following terms and conditions of use set out your rights and obligations when using our electromobility application. Your use of the app is deemed to be your express and unconditional acceptance of these terms and conditions. You warrant that you are at least eighteen (18) years old and have full legal capacity.
3. The use of our electromobility application involves the collection and processing of your personal data as provided below. Therefore, if you do not agree to these terms, you must not use our Application in any way.
4. These terms may be modified at our free and absolute discretion, without any prior notice to you, according to the more specific provisions that follow.
For the purposes hereof, the following definitions shall have the meaning ascribed to them below:
"Registered User": this refers to you, when you choose to use the Application, having previously completed the registration process in the Application and after having logged in using your personal access codes for the purposes of your identification.
"Minimum First Registration Fee": this refers to the amount that will be automatically charged to your credit card upon completion of your registration, based on the Billing Plan you have selected, provided that you choose to register as a user of the Application.
"Minimum Available Account Balance": this refers to the minimum amount that must be available in your account (in your electronic wallet) at the time you start receiving the Service in order to be able to charge your Vehicle, provided that you choose to receive the Services as a user of the Application.
"Minimum Balance Replenishment Amount": this refers to the minimum amount you will be required to pay, based on the Billing Plan you have selected, each time you choose to replenish your account balance, if you are a Registered User of the Application.
"We": this refers to us, namely the société anonyme under the name "NRG SUPPLY AND TRADING SINGLE-MEMBER ENERGY SOCIETE ANONYME" whose full details are set out at the beginning of this document.
"Equipment": this refers to the electric vehicle chargers which we have installed at the Recharge Points or Stations.
"Guest": this refers to you, when you choose to use the Application as a simple guest.
"You": this refers to you, i.e. the Registered Users and/or Guests of the Application.
"Application": this refers to our electromobility Application available from time to time, through which each Registered User or Guest may obtain information about and access the Services and electromobility networks we offer, or contact us to make any request or complaint.
"Software": this refers to all human or computer readable data or other machine readable data, technical specifications, logic, algorithms, modules, flow charts, logic diagrams, orthographic representations, sub-routines, file structures, coding sheets, coding, source code or object code, lists, test data, test routines, diagnostic programs or other material relating to the Application or including any part thereof which is required to enable it to function properly, efficiently and effectively.
"Terms": these refer to these "Terms and Conditions of Use of our Electromobility Application".
"Billing Plan": this refers to the payment plan (terms), of those available on our Application from time to time, by which you wish to pay the price of the Services you will receive provided that you choose to receive the Services as a user of the Application.
"Recharge Point(s) or Station(s)": these refer to the publicly accessible recharge points or stations that we have deployed around Greece, as shown on the Map of the Application.
"Hardware": this refers to the set of mechanical parts and physical components of a computer or computer system. It consists of the hard disk drive, processor, motherboard, graphics card, cables, circuit boards, tile processors (chips), monitor, keyboard, mouse, printer, camera, microphone and generally all other movable objects of which it is composed.
"Services": these refer to the set of electromobility services we offer to you through the Application, namely the services related to the recharge and billing of electromobility services and, in general, to the optimal service you receive (including, but not limited to, locating available Recharge Points/Stations and navigation, pre-booking of charging spots).
"Map": this refers to the map used by the Application in order to show the Recharge Points of our network.
1. Registration in the Application is optional and is not a condition for receiving the Services.
2. Those of you who wish to use the Application as Registered Users must first follow the following procedure:
(a) First, you must visit the website https://drive.nrgincharge.gr/ or download the "incharge" application from Playstore for Android devices or from AppStore for iOS devices and fill in the information that will be requested at each step.
(b) Before inputting your personal data, you will be asked to select the Billing Plan you wish to use from the ones available from time to time and only under the condition that the possibility to choose between different billing plans is offered at that point in time. Before selecting the desired Billing Plan, we invite you to carefully study its terms and conditions, namely the charging cost (€/kWh) per charger type (AC/DC), the Minimum First Registration Fee, as well as the Minimum Available Account Balance for charging, which are clearly indicated on each plan. If more than one Billing Plans are available at a certain point in time, you have the option to select one and/or more of them. Similarly, you may at any time replace the selected Billing Plan with another specified Billing Plan. The offering of more than one Billing Plans and/or the modification and/or cancellation of any of the available ones are subject to our exclusive judgment and sole discretion, shall be carried out freely and shall not be limited by any limitation periods, without any obligation to notify you in advance.
(c) You will then be asked to enter your personal information into the Application in order to enable you to be identified as a Registered User of the Application. For your registration, we will ask you to enter your full name, email address, password to access the Application, mobile phone number, home address, language -among the ones available from time to time- in which you wish to browse the Application, your password to access the Application and any other information requested.
(e) By completely and correctly filling in your credit card details and pressing the "Submit" button, you shall receive through the Application the message required to activate your account. The relevant activation is carried out by sending the relevant activation link of your account, which shall be sent to you via email to the email address you provided at registration. Upon completion of the activation process of your account, the credit card you provided in step (c) above of the registration process will be automatically charged with the amount of the Minimum First Registration Fee of the Billing Plan you selected. This amount shall remain in your account for you to spend on Services.
You may browse and use the Application whether you have previously registered to the Application (Registered User) or not (Guest). Depending on whether you are a Registered User or a Guest, the procedure to follow is described below:
Ι. Use of the Application as a Registered User:
(a) log in to the Application with your login credentials in order to identify yourself as a Registered User;
(b) browse the Application and select the Recharge Point through which you wish to recharge your vehicle via the "FIND A RECHARGE POINT" button;
(c) then select the type of charger from those available at the Recharge Point, which you wish to use to recharge your Vehicle, as well as your desired Billing Plan, if you have chosen to subscribe to more than one. Conversely, if you have selected only one Billing Plan, the charge is automatically made under that Billing Plan;
(d) by following the steps detailed in the Application, you shall start charging your Vehicle, which you can stop whenever you wish;
(e) after the charging of your vehicle is completed, the payment of the fee for the Services you received, as determined by your Billing Plan and the kilowatt hours (kWh) consumed to charge your vehicle, is automatically made by deducting the relevant amount from the amount available in your account (your electronic wallet) at the time you start receiving the Services. If your account balance is fully depleted before your vehicle is fully charged, charging will not be interrupted, but in this case the price of the energy consumed that is not covered by the available balance on your account (your electronic wallet) shall be recorded as a charge on your account and shall be automatically deducted from the amount of your next renewal (e.g., if you started receiving Services with 5€ available on your account and the full charge of your vehicle cost 8.50€, the excess amount of 3.50€ will be registered on your account as a claim (-3.50€) and will be automatically deducted from the next renewal of your account balance).
ΙI. Use of the Application as a Guest:
To use the Application as a Guest, you need to follow the procedure below:
(a) go to the Recharge Point/Station you wish to use. You can view the available points through browsing the Application by selecting the "FIND A RECHARGE POINT" button;
(b) after selecting the Equipment you wish to use to recharge your vehicle, you then pull to the right the green arrow marked "swipe to charge" without being required to enter your details, except for your email to which you shall receive your receipt for this transaction;
(c) you will then be asked to select the payment method you wish to use and, after entering your credit card details, you will be directed to the Payment Gateway to have your credit card authenticated;
1. By using the Application in any way, you undertake to:
2. In any event, you will be liable for any damage or loss caused by your culpability towards us and/or any third party, as well as for any third party claim or action that may be brought against us in relation to any material damage or loss arising directly from your culpability in using the Equipment.
1. The value of the Services we offer you which, regardless of whether you carry out the relevant transaction as a Registered User or as a Guest, depends on the recharge plan you choose for recharging your vehicle, the type of Equipment you have chosen to use and the kilowatt hours (kWh) you have consumed for recharging your vehicle, is the one that will be indicated in the Application after the completion of the partial or full recharging process and before you have completed the payment process, except in cases of obvious error. This value includes, by way of illustration and not limitation, the following:
2. The payment of the value/price of the Services received by you is automatically carried out upon completion of the recharging service, by billing the credit card you have registered in the Application either at registration (for Registered Users), or during your visit to the Recharge Point and before you start recharging your vehicle (for Guests).
3. All payments made through the Application are subject to Value Added Tax (VAT).
4. Credit/debit cards are subject to validity and approval checks by your card issuer. If they do not approve the payment, then we are not responsible for not completing the transaction.
5. In the event that billing for the Services has been completed and you wish to cancel your transaction, you may call us on 21888 18102** (** local rate) and submit a refund request. Your request will be considered and if deemed legitimate and reasonable, we will process the above refund within a reasonable period of time, using the same means of payment that you used for the original transaction.
6. If you have carried out the above transaction as a Registered User, the relevant proof of this transaction, as well as the relevant proof of payment of the fee for your Services, will be automatically stored in your account (profile) within the Application. On the contrary, if you have carried out the above transaction as a Guest, before carrying out the relevant transaction and the successful payment of the price of the Services, you will be asked to provide your email address in order to receive it electronically. In any event, we shall not be liable for any failure to send the relevant proof of payment due to non-completion or incorrect completion of your email address.
Through the Application, you will be able to access any important and/or useful information related to the provision of the Services, including, but not limited to:
1. We reserve the right to modify the Application and its functionalities at any time, at our exclusive judgment and sole discretion, namely by adding new or modifying existing functions or options.
2. Furthermore, we reserve the right to modify these terms at any time, and the modifications will be communicated to the Users through this document, unless we choose at our exclusive judgment to provide such information in some other appropriate way. Any modification of the Terms of the Application does not require the prior notification and consent of the Users. Users should visit the Terms periodically to keep up to date with any amendments to the Terms and the latest version thereof.
We reserve the unilateral and unlimited right to suspend the operation of the Application and/or to remove the Application and/or to replace the Application and/or only certain functionalities/options/capabilities thereof at any time and for any reason, at our exclusive judgment and sole discretion, and without any time limitation.
1. We reserve the unilateral and unrestricted right to accept or reject a person's application to register with the Application at our exclusive judgment and sole discretion, in particular in the event that such person engages in illegal or abusive or anti-contractual conduct. Accordingly, we have the unilateral and unrestricted right to take action to remove a person for the same aforementioned reasons, as well as for failure to consistently comply with the Terms of the Application.
2. Any User has the right to request his/her deletion from the Application, at any time and for any reason, by calling the telephone number 21888 18102** (** local charge), or by sending such a request by email to [email protected]. We will make every effort to complete the request within 10 working days of receiving it, informing you of its completion by any appropriate means.
3. Any user who wishes to delete their account through the Android application can follow the steps outlined below:
3.1. Step 1 & 2: In the Home page, go to the menu and tap My Account > Profile:
3.2. Step 3: Scroll down to the bottom of the Profile page and tap Delete My Account:
3.3. Step 4: In the popup that appears, tap Delete my account.
3.4. Step 5: A representative will receive the request and delete your account, including references to all historical activities. We will make every effort to complete the request within 10 working days of receiving it, informing you of its completion by any appropriate means.
The use of the Application and/or the Services is subject to the condition that all information and data you submit is true and accurate.
Participation in the Application constitutes a clear declaration of consent by each user within the meaning of Regulation 2016/679/EU (GDPR) to the use of his/her personal data for the purposes of the operation of the Application, as well as for the purposes of information and communication with him/her regarding the Application.
Responsible for the processing of your data and Administrator of the Application is the company NRG SUPPLY AND TRADING SINGLE-MEMBER ENERGY SOCIETE ANONYME - 168 Kifissias Avenue and Sofokleous street, P.O. Box 151 26 Amaroussion, Attica, tel. 2109606091, email address [email protected].
Your personal data will not be disclosed to third parties for other non-related purposes. It will only be transferred to persons connected to us, who, on our instructions and on our behalf, provide commercial, professional or technical services required to serve the stated purpose, and with the same guarantees that they will not process your data except on our instructions and on our behalf, and in accordance with the applicable national and European Union law.
1. The Application contains data, programs, texts, illustrations, images, graphics, special formatting, trademarks, logos and distinctive features, which are protected by the provisions of the applicable legislation on intellectual and industrial property. All of the above are owned by us, or by those who have licensed us to use them. Use of such material by you is permitted only to the extent expressly permitted by us or the licensees of such use and only for the following exhaustively listed purposes: (a) your information about our products and services and/or (b) your communication with us to make any request and/or complaint. In any case, the display and exposure of the aforementioned elements on the Application shall in no way be construed as a transfer or assignment of the license or right to use them.
2. The Equipment shall remain in its entirety and at all times our property, which shall also include, but not be limited to, all hardware, software, specifications, registrations, systems, files and/or data collected or generated by the Equipment, as well as all individual or separate environmental (or similar) units resulting from the use or distribution of electricity from the Equipment.
1. You must use the Application solely within the applicable legal framework. Therefore, you agree that you will not attack it through a distributed denial of service attack or denial of service attack in general, nor will you knowingly transmit "viruses", "worms", "trojans", or any other malicious or technologically harmful Software. Accordingly, you may not attempt to gain unauthorized access to the Application, or any other server, computer or database connected to the Application.
2. Any violation of this term may constitute a criminal offense, as defined by applicable law. In the event that such a violation comes to our attention, we are obliged to report it to the competent law enforcement and investigative authorities and to cooperate with them (if requested) in order to ascertain the identity of the perpetrator of such violation. It is understood that your violation of this clause shall, among other things, result in the immediate termination of your access to and browsing of the Application.
1. We make every effort, to the extent objectively possible, to ensure that the information we provide through the Application is always up to date and valid, clear, correct and accurate, so that you can be informed in the most complete manner regarding the Services, the Equipment and all the products we offer in general. Accordingly, we make every effort to ensure that the Application is consistently protected from digital viruses, functional and accessible to the persons using it.
2. Nevertheless, we have no obligation or liability to a certain User for any default or non-exact fulfilment of our obligations from the Application (e.g., due to any incorrect entry of certain information), for any inability of the latter to access the Application, for any reason and cause, as well as for any damage suffered by the latter due to or on account of the use of the Application.
3. We shall not be liable for any unauthorized registration or access or use of the Application by a person other than the Registered User, which is not due to our proven fault, i.e. indicatively due to the disclosure by the Registered User of his/her access codes to the Application and/or due to the User's failure to take the necessary technical preventive measures (e.g., malware detection system - antivirus) when using the Application, etc.
5. Given the foregoing and to the extent permitted by applicable law from time to time, we disclaim all liability and shall not be liable to remedy any damage or loss you may suffer, of whatever nature, including delay in service, due to (but not limited to):
In any case, any obligation provided for by applicable law for us to remedy your damages will only cover your positive damages and not your consequential damages and/or lost profits.
6. In no event do we guarantee the continued adequacy/availability of the Equipment and/or Recharge Points / Stations, which we may remove at any time without prior notice to you.
7. Finally, we shall not be liable to remedy any damage or loss you may suffer as a result of a breakdown of the Equipment (including but not limited to power failure), and in the event that charging your vehicle is impossible due to defects in the Equipment (including but not limited to worn, faulty or broken charging cables, defective charger).
1. "Force majeure event" means any event beyond our control and impossible to foresee, even if we exhaust our diligence and prudence, such as (by way of example and not limitation) war, fire, earthquake, flood, pandemic or epidemic, strike, problems or technical malfunctions of networks or lines, or online computer systems, servers or providers, computer components, the Software, the failure to send or receive data due to lack of available space, or due to technical problems or congestion in the telephone network or the internet or any website or any combination of these events, the interruption of the internet connection, as well as attack by computer viruses, malicious or illegal actions or interference by third parties, fraudulent actions or due to misuse of the Application in breach of the Terms.
2. We shall not be liable in the event of unavailability of the Application, or for the interruption of any or all of its functions or applications, or for the inability to provide the Services, or for any technical issues that may occur in the Application and/or the Equipment, as well as for any general damage suffered by you due to an event constituting "Force Majeure" and for as long as such event lasts.
1. We reserve the unilateral and unlimited right to assign this service without your consent to any third party, in particular to companies affiliated with us.
2. Not exercising any of our rights under the Terms does not constitute a waiver of such rights. Similarly, any waiver by us of any individual claim does not constitute a waiver of any similar claim we may have in the future. In any event, no waiver of our rights under the Terms or applicable law shall be deemed valid unless expressly made in writing.
3. Any invalidity of any of the Terms shall not invalidate the whole of the Terms.
4. For your convenience, please be advised that we have a service for receiving requests and complaints. Your requests and complaints to us may be made verbally or in writing, via:
(a) filling in the special form that you can find here (for submitting a request) and here (for submitting a complaint) and sending it either by post at the address of our headquarters (168 Kifissias Avenue and Sofokleous street, P.O. Box 151 26, Amaroussion, Attica), or electronically at the following email address: [email protected], or
(b) by calling the telephone number we have made available to you 21888 18102** (** local rate). We undertake to make every effort to provide a reasoned response to your complaints and other requests within a reasonable time after receipt.
5. The Terms are governed by Greek law. The competent courts for the resolution of any dispute arising from them shall be exclusively the courts of Athens.
Amaroussion, October 2021