Specific sales conditions under which Enovos Luxembourg S.A. sells its “enodrive” service

PART 1: ENODRIVE E-MOBILITY SPECIFIC TERMS OF SALE

This document constitutes the Specific Terms of Sale under which Enovos Luxembourg S.A., a société anonyme incorporated and existing under the laws of Luxembourg, having its registered office at 2 Domaine du Schlassgoard, L-4327 Esch-sur-Alzette, registered with the Luxembourg Trade and Companies’ Register under registration number B44683 (“Enovos”) allows the Subscriber to access its “enodrive” Service selected by his/her employer. By subscribing to the Service, the Subscriber accepts these Specific Terms of Sale, which form the contract relating to the Service. Under the contract, Enovos acts as a charging service provider, within the meaning of Article 1 of the amended Grand-Ducal Regulation of 3 December 2015 on public infrastructure relating to electric mobility. Any Driver must accept the relevant articles of these Specific Terms of Sale before receiving access to a Badge and comply with them while using a Badge.

Article 1. Definitions

1.1. “Application” means the mobile application associated with the Service, downloadable free of charge from the App store and Google Play, which lists on an Interactive Map all the Enodrive Roaming Network charging points accessible via the Service. The application allows the Subscriber to view his/her charging and billing history by logging into his/her Subscriber Account.

1.2. “Badge” means the Badge giving access to the Service allowing access to the charging stations of the Enodrive Roaming Network.

1.3. “Badge Holder” means any individual authorised by the Customer to temporarily use a Badge in connection with a fleet vehicle, depending on the authorisations granted, the charging stations of the Enodrive Roaming Network.

1.4. “Blocking” means the functionality of the Service suspension in accordance with Article 5.

1.5. “Charging Price” refers to the price of electrical charging made using the Service at the Enodrive Roaming Network recharging stations, as set out in Article 4.

1.6. “Consumption Data” means the identified Badge, identified charging point, location, date, time, duration and volume of electricity consumption.

1.7. “Customer” means a company who has contracted an agreement on e-mobility charging services for electric and plug-in hybrid vehicles with Enovos.

1.8. “Driver” means a Subscriber or a Badge Holder.

1.9. “Enodrive Roaming Network” means a network of operators of charging infrastructures located in Luxembourg and abroad and accessible with the Service. All the roaming network charging stations accessible in the various countries appear on the Interactive Map that can be consulted on the Application.

1.10. “Electric Vehicle” means any electric vehicle or plug-in hybrid electric vehicle that can be charged at an electric charging station.

1.11. “Interactive Map” means an interactive map on which all the charging stations of the Enodrive Roaming Network appear. This interactive map allows the Subscriber to consult the location, availability and main characteristics (types of connectors, power, etc.) of each charging station. The Interactive Map can be consulted using the Application and the Platform.

1.12. “Platform” means the online platform enodrive made available by Enovos to the Subscriber.

1.13. “Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to identification data, such as name, surname, place of residence, Subscriber’s Account number, job function, banking data, or by reference to contact data such as phone number or email address and/or by reference to Consumption Data.

1.14. “Service” means the provision by Enovos to the Subscriber of all the enodrive functionalities enabling him/her to access the charging stations of the Enodrive Roaming Network in order to charge his/her Electric Vehicle under the conditions of these Specific Terms of Sale. This Service includes access to the Application, as well as use of the Badge.

1.15. “Subscriber” means any natural person who is employed by a Customer and who has subscribed to the Service.

1.16. “Subscriber Account” means the Subscriber’s personal account linked to the Service, allowing him/her to access the functionalities of the Platform and the Application.

1.17. “Subscription” means the subscription by the Subscriber to the Service in accordance with Article 3.

Article 2. Description of the enodrive Service

2.1. Access to charging stations and charging process

2.1.1. The Service allows the Driver to charge an Electric Vehicle at any of the charging stations of the Enodrive Roaming Network, as applicable.

2.1.2. The Interactive Map that can be consulted via the Application enables the Subscriber to identify the available charging stations, their main characteristics (types of connectors, power, etc.) and to locate them in order to get there.

2.1.3. The process of charging at the available stations can always be started using the Badge. At some charging points, the charging session can also be started by means of the Application.

2.1.4. In all cases, the charging process may be started provided that the charging station selected is functional and that the Driver has connected the Electric Vehicle to it in compliance with the operating rules of the station.

2.1.5. The charging process ends when the Electric Vehicle is disconnected from the station, regardless of whether it is fully or partially charged. The Driver must check that the charging process started and ended correctly.

2.1.6. It is the Driver’s responsibility to comply with the maximum charging times and to vacate the charging station in accordance with the charging operator’s instructions indicated at the station. The charging station must in all cases be vacated within 30 minutes of the Electric Vehicle being fully charged, and the total time of uninterrupted connection to a charging station may not exceed 12 hours for an AC type station and 4 hours for a DC type station.

2.1.7. Before any charging, it is the Driver’s responsibility to ensure the availability of the charging station and its compatibility with the Electric Vehicle and with any associated equipment (for example any converter, adapter or cable), which must be suitable for their function and comply with the standards in force. Stations displaying an error message, visible defaults or damage must not be used.

2.1.8. The information on the availability of charging stations on the Interactive Map is purely indicative and depends on the quality of the data transmitted by the charging infrastructure operators and may be subject to change.

2.2. Usage and security conditions

2.2.1. When the cable is attached to the charging point and forms an integral part of it, the Driver must use this cable to the exclusion of any other accessory. Where the use of a personal cable is authorised, the Driver may only use an approved cable that is compatible with the charging point and that allows to connect the Driver’s Electric Vehicle.

2.2.2. In all cases, the Driver must check that all accessories are in good condition before using the charging points. The Driver must use the electric socket that meets his/her needs and the Electric Vehicle’s technical specifications.

2.2.3. The Driver shall be alert to any warning lights on the charging point and/or the Electric Vehicle. In the event of an alert, such as an anomaly or fault observed on the charging point, the Driver shall take all precautionary measures to ensure the safety of the Electric Vehicle and third parties.

2.2.4. At the end of use, if the cable used is that of the charging point, the Driver shall place the cable back in the charging point.

2.3. Viewing Consumption Data and billing data

2.3.1. By logging into his/her Subscriber Account on the Application, the Subscriber can view Consumption Data such as:

his/her electricity consumption on the charging stations of Enodrive Roaming Network launched via his/her Badge or from his/her smartphone (by activating charging in the Application); and
his/her detailed charging history and billing data.

2.3.2. The user login enabling the Subscriber to connect to his/her Subscriber Account and to access the functionalities of the Platform and the Application will be sent to him/her when he/she subscribes to the Service, in accordance with Article 3.

2.3.3. By subscribing to the Service, the Subscriber accepts the terms and conditions of use of the Platform and the Application. A high-speed internet connection is required to access the mobile Application and must be provided by the Subscriber.

Article 3. How to Subscribe to the enodrive Service

3.1. The Subscriber can be onboarded either through a digital onboarding or via the backoffice:

• Digital onboarding: the client is responsible for creating his own account within the application, ordering a Badge, and activating it upon receipt.

• Onboarding via backoffice: the backoffice is responsible for creating user accounts, sending initial login credentials via email, activating access badges, and dispatching the Badges to the Subscribers.

3.2. The Subscriber accepts the present ENODRIVE E-MOBILITY SPECIFIC TERMS OF SALE, which are confirmed by the Subscriber by ticking the box when logging into the Application (the “Subscription”) and after adding of all relevant client data and billing data in case of digital onboarding. Use of all or part of the Service requires prior Subscription in accordance with the terms and conditions set out in this document.

3.3. The Subscriber Account is created after the aforementioned steps are completed by the Subscriber or if applicable, the Subscriber Account is created by the backoffice and the login details to connect to it will be sent to the email address provided by the Subscriber. The Subscriber must then change his/her initial password.

3.4. After subscribing to the Service, it is essential to receive and, if applicable, activate through the Application a Badge in order to be able to access all the Enodrive Roaming Network stations. Only certain stations allow a Subscriber to start a charging process just through the Application without using the Badge.

3.5. For digital onboarding, when registering on the Application, the Subscriber undertakes to fill in all the mandatory fields and to provide accurate, complete and up-to-date information. This registration information includes in particular:

the Subscriber’s email address to which the Service Subscription confirmation, Subscriber Account login details and bills will be sent;
if applicable, the credit card or SEPA direct debit mandate form for the monthly payment of the Service;
the billing data corresponding to the selected payment method;
the postal address to enable the physical delivery of the Badge, if applicable, and of the SEPA Mandate to be returned signed to Enovos per email to info@enodrive.lu, except if the Subscriber chose the delivery to an Enoshop.

3.6. For onboarding via backoffice, the Subscriber undertakes to send all the mandatory information and to provide accurate, complete and up-to-date information. This information includes in particular:

the Subscriber’s email address to which the Service Subscription confirmation, Subscriber Account login details, and if applicable bills credit notes will be sent;
if applicable, SEPA direct debit mandate form for the monthly payment of the Service;
the billing data corresponding to the selected payment method;
if applicable, all billing information for peppol invoicing;
the postal address to enable the physical delivery of the Badge, if applicable, and of the SEPA Mandate to be returned signed to Enovos per email to info@enodrive.lu, except if the Subscriber chose the delivery to an Enoshop.

3.7. The Service is only activated after creation of the Subscriber Account, subject to receipt by Enovos of the corresponding valid billing information: bank details and valid credit card/signed SEPA mandate and Subscriber activation of the Badge in the Application.

3.8. In all cases, the password giving access to the Subscriber Account must be protected against fraudulent use by others and the Subscriber must inform Enovos immediately in case of fraud. It is the Subscriber’s responsibility to ensure the security of his/her password, not to write it down in case third parties identify it as such and not to use it in any other way that would allow other people to access the information.

Article 4. Pricing, billing and payment

4.1. By subscribing to the Service, the Subscriber agrees to pay the price of the Badge and all charging services carried out at the charging stations of the Enodrive Roaming Network via the Subscriber’s Badge or via his/her smartphone by activating charging in the Application (the “Charging Price”). The Charging Price is set, billed and paid under the following terms.

4.1.1. Setting the Charging Price:

4.1.1.1. The Charging Price is calculated by applying the unit prices in force at each charging station to the charging processes performed by the Subscriber. All the unit prices in force at the charging stations of the Enodrive Roaming Network can be consulted via the Application by selecting the relevant station on the Interactive Map. The unit prices indicated for the charging stations of the Enodrive Roaming Network’s are based on the prices applied by the different charging operators and are therefore provided on an indicative basis.

4.1.1.2. All unit prices on the Application include all taxes and are in euros (€). If charging is carried out in a third country using another currency, the exchange rate applicable at the start of the charging process will be applied to give the unit price applicable to that station.

4.1.1.3. Unit prices may be shown as a charge per kWh of energy, a charge per time an Electric Vehicle is parked at the charging station, a fee for starting the charging session, and any other unit fee indicated.

4.1.1.4. The final price of a charging process depends strictly on the use made by the Subscriber, for example the charging time, the value in kWh of energy consumed, and is therefore not always provided automatically before the start of the charging process. The final price of a charging process is given on the Platform or the Application as soon as possible after the end of the charging process, depending on the time taken by the different charging operators to transmit this data.

4.1.1.5. The unit prices applicable to each charging station and the accounting of the charging process (e.g. charging time or the value in kWh of energy consumed) are based on the information provided by the charging operators managing the various charging stations of the Enodrive Roaming Network. As far as possible and within the means at its disposal, Enovos checks the information shared by the charging station operators. Nevertheless, Enovos can under no circumstances be held responsible for the information provided if it is inaccurate, out of date or incomplete. If the Subscriber is of the opinion that there is a material error in the calculation of the price of the charging process, he/she must immediately notify Enovos.

4.1.2. Billing the Charging Price:

4.1.2.1. The amount is billed on a monthly basis: the monthly bills include all the charging processes performed by the Subscriber during the past month, provided that all the information relating to the charging processes has been received by Enovos in due form from the different charging operators. In the event of a delay in the transmission of this information, the corresponding charging processes will be billed at the end of the month during which the information is received.

4.1.2.2. Bills, or if applicable credit notes, are issued in electronic form only. The charging price is billed in euros (€) including for charging carried out in a third country using another currency, in which case the exchange rate applicable at the start of the charging process will be applied to bill for this charging.

4.1.2.3. Monthly bills must be paid within 15 calendar days of the billing date, and bills are debited within 15 calendar days of the due date of the bill. It is the Subscriber’s responsibility to ensure that the bank account entered in his Subscriber Account has a sufficient balance.

4.1.2.4. Payment is considered completed when the total amount of the bill has been credited to Enovos’ account.

4.2. In the event of total or partial non-payment of a bill on its due date, Enovos has the right to make a new attempt to obtain the payment. Enovos will send an electronic reminder to the Subscriber’s bank.

4.3. In the event of persisting non-payment, Enovos is entitled to block the Service in accordance with Article 5 until payment by the Subscriber. Enovos is also entitled to give the Subscriber formal notice to pay all remaining amounts due within 10 calendar days, during which time Enovos may attempt to obtain payment. If payment is not made within this period, the contract may be terminated with immediate effect upon expiry of the 10-day period.

4.4. In the event of a dispute about the amount of the bill, any complaint must be sent to Enovos within 15 (fifteen) calendar days of the date of the bill in question. If the complaint is accepted, the Subscriber will be compensated without delay. If a complaint is rejected, Enovos will inform the Subscriber of the result of the investigation and provide and explanation for its position.

Article 5. Blocking

5.1. Blocking allows Enovos to suspend the functionality of the Service in the cases provided for in this contract, so that neither the Subscriber’s Badge nor his/her smartphone can be used to initiate charging processes via his/her Subscriber Account during the period of Blocking. Blocking also suspends the viewing of the Subscriber’s charging and billing history and consulting the Interactive Map.

5.2. In the event of Blocking, a Blocking notice will be sent in electronic form to the Subscriber informing him/her of the suspension of the Service. The Service will be unblocked by Enovos when the circumstances that gave rise to the Blocking are resolved.

5.3. Payment for all charging processes using the Service outside the Blocking period remain due by the Subscriber.

5.4. Enovos bears no liability where the Service was blocked for reasons that ultimately prove to be incorrect, provided that Enovos had, at the time of the Blocking, reason to believe that there was a reason for Blocking under the contract.

Article 6. Term and termination of the enodrive contract

6.1. The contract is entered into for an undetermined period of time. The Subscriber may terminate the contract at any time by giving one month’s notice. The contract must be terminated in writing by registered letter. After termination, the Subscriber will no longer have access to the enodrive Service.

6.2. In the event of a serious breach of its obligations by the Subscriber, and in particular in the event of:

failure to pay as set out under Article 4;
serious or repeated misuse of the enodrive Service, associated functionalities (Badge, Application, Platform) or charging stations;

Enovos has the right to block the enodrive Service under Article 5 and to give the Subscriber formal notice to comply with its obligations within 10 calendar days, failing which the contract may be terminated with immediate effect upon expiry of this period.

6.3. The contract terminates automatically if the Subscriber is no longer employed by a company which has a framework agreement on e-mobility services for electric and plug-in hybrid vehicles with Enovos or if the employer terminates such agreement with Enovos.

6.4. In all cases of termination, payment for all charging processes carried out up to the date of termination, via the Subscriber’s Badge or from the Application on his/her smartphone, remain due by the Subscriber, without prejudice to any damages.

Article 7. Liability

7.1. Enovos excludes all liability for:

material error in the information that can be consulted via the Application or Platform, which depends on the data communicated by the various charging operators, in particular the unit prices applicable to the charging stations, their availability for charging and their characteristics (power, type of connectors, etc.);
failure, malfunction or inaccessibility of the charging stations, where the charging operators have sole responsibility for maintaining them in a functional and accessible state;
failure, malfunction or unavailability affecting the continuous operation, characteristics or quality of the electricity supply, internet connection and communication system required for the charging process;
malfunction or temporary unavailability of the viewing of the Interactive Map and Consumption Data on the Platform or on the Application, which depend on third party providers;
malfunction or damage caused by a defect in the Electric Vehicle or associated equipment, or their incompatibility with the charging station;
failure to provide assistance at the number indicated on the charging stations, as this hotline assistance is not part of the services provided by Enovos in the provision of the Service and is the exclusive responsibility of the charging operators;
lack or inadequacy of additional services from third party providers.

7.2. The Subscriber is exclusively and entirely responsible for the use of the Service and for all electricity consumption via his/her Badge or on his/her Subscriber Account via the Application, regardless of the quantities of electricity consumed and of the Charging Price, regardless of whether the Badge or the Application was used by the Subscriber himself/herself or by a third party, and regardless of the owner or user of the Electric Vehicle being charged.

7.3. Consequently, the Subscriber is solely responsible in the following cases:

in the event of unusually high or abnormal consumption via the Service;
in the event of loss or theft of the Badge or smartphone with the Application, or unauthorised access to the Subscriber Account, and
in general, in the event of misuse of the Service, the associated functionalities (Badge, Application, Platform) or the charging stations, including by a third party without the Subscriber’s knowledge or consent.

7.4. In the cases mentioned above, the Subscriber is required to inform Enovos immediately as soon as he/she becomes aware thereof. Enovos will proceed with Blocking the Service immediately upon receipt of the Subscriber’s notification, and in all cases as soon as Enovos detects one of the above situations.

7.5. To the extent permitted by law, the maximum amount of Enovos’ direct liability relating to the Services shall not exceed the aggregate fees paid for the Services by the Subscriber during the year of the occurrence of the damage.

7.6. In any event, Enovos shall not be liable for any indirect damages arising out of its control suffered by the Subscriber or for any damages resulting from the Subscriber’s own actions (e.g. misuse of Services in violation of Enovos’ instructions or requirements).

Article 8. Withdrawal right

8.1. Provided that the contract has been concluded in the form of a “distance contract” or an “off-premises contract” and the Subscriber is qualifying as a “consumer”, the Subscriber has the right to withdraw from the contract within fourteen (14) calendar days from the date of accepting the present specific terms of sale and logging into the Platform. During this period, the Subscriber may cancel the contract without giving any reason. To exercise his/her right of withdrawal, the Subscriber must send Enovos an unambiguous written declaration by post or e-mail no later than the last day before the expiry of the withdrawal period, the day of dispatch being decisive.

8.2. The declaration of withdrawal may, but need not, be worded as follows:

Enovos Luxembourg S.A.
2 Domaine du Schlassgoard, L-4327 Esch-sur-Alzette
E-mail: info@enodrive.lu

I hereby declare that I withdraw from the e-mobility services contract with Enovos Luxembourg, concluded on […].

Customer name
Customer address
Signature
Date

8.3. In the event of exercise of the right of withdrawal, Enovos will, at no additional fee to the Subscriber, refund any payments received from the Subscriber within fourteen days of receipt of the Subscriber’s decision to withdraw from the contract, and using the same means of payment as that used for the original transaction unless expressly agreed otherwise with the Subscriber.

8.4. The Subscriber acknowledges that any use of the Service during the withdrawal period may lead to costs that will be payable by the Subscriber. In particular, the costs of charging operations already carried out by the Subscriber will be charged in accordance with the terms set out in these Specific Terms of Sale and consequently deducted from any reimbursement.

Article 9. Governing law and competent court

9.1. These Specific Terms of Sale are governed by Luxembourg law and will be interpreted in accordance with Luxembourg law. Mandatory statutory provisions of the law of the country in which a Subscriber has his/her habitual residence, which cannot be derogated from by agreement, may apply.

9.2. If Enovos and the Subscriber are unable to settle a dispute amicably, Enovos and the Subscriber agree to submit any dispute arising out of the conclusion, interpretation, performance or termination of these Terms of Sale to the courts of the City of Luxembourg or, if the Subscriber is qualifying as a consumer, to the competent court under the rules of jurisdiction applicable to consumers, in case of divergence.

Article 10. Data protection

10.1. Enovos collects, processes and uses Personal Data for the provision of the Service in accordance with the provisions of the General Data Protection Regulation (2016/679) and other applicable national data protection legislation.

10.2. As independent data controllers, Enovos and the Customer are recipients of the data processed through the Platform and the Application to perform the Service. The processing of Personal Data is necessary for the performance of the Service. The Subscriber authorises Enovos and its representatives, employees, agents and collaborators as well as subcontractors to process Personal Data collected through the platform to perform the Service.

10.3. The contact details of the Enovos DPO are dpo@enovos.lu.

10.4. To provide the Service, Enovos will, where necessary, transfer Personal Data to its technical partners such as (i) the operator of the charging station for the purpose of initialising the charging sessions, resolving potential problems with the charging service and billing, (ii) technical partners (for example, the identification number of each Badge to the charging stations of the Enodrive Roaming Network), and (iii) the grid operator, measuring partners and/or responsible balancing party (for example, the consumption estimates based on Consumption Data collected via the Platform);

10.5. The Subscriber has the right to request from Enovos access, rectification or erasure of Personal Data or a limitation of treatment, where applicable. The Subscriber also has the right to object to the processing as well as a portability right of Personal Data. These rights can only be exercised within the limits of any contractual or legal obligation and subject to technical feasibility.

10.6. The Subscriber also has the right to lodge a complaint with the competent supervisory authority, i.e. the National Commission for Data Protection (https://cnpd.public.lu/fr.html).

10.7. Enovos acting as independent data controller will assume no liability regarding the usage, processing, storage and deletion of the Subscribers’ Personal Data handled exclusively by the other independent data controller, which processing shall remain subject to applicable data protection laws and be governed by its own privacy policy.

10.8. Personal Data will be kept for as long as necessary during the execution of the Service, unless a longer retention period is authorised or imposed by law or if the Subscriber has exercised, under the conditions provided above, one of the rights recognised by law.

10.9. The data controller does not transfer Personal Data outside the European Union or to an international organization, except where applicable on the basis of an adequacy decision, standard contractual clauses of the European Commission or any other instrument validated under the GDPR.

10.10. More information on the processing of personal data by Enovos may be found in the Enovos Privacy Policy available at www.enovos.lu.

10.11. Enovos may use the statistical and/or anonymised data in order to (i) improve the Service and its other products and services, and (ii) share statistical information with its cooperation partners.

Article 11. Amending the Specific Conditions

11.1. These Specific Conditions may be amended at any time by Enovos. The Subscriber will be notified in advance by email or in the Application. Any new version of the Specific Terms and Conditions can also be consulted at any time in the Application or on the Platform. The Customer will provide any new version to the Badge Holder. The Subscriber and the Badge Holder must accept the new Specific Terms and Conditions in order to continue to use the Service from the date they apply. Otherwise, the Subscriber will have the option to terminate this contract without notice by requesting in writing, via registered letter, the deletion of his/her Subscriber Account.

Article 12. Assignment

12.1. Upon written notice to the Subscriber, Enovos is entitled to assign the present contract for the provision of the Service, and all rights and obligations thereunder, to any group company.

Article 13. EEE Waste

13.1. In view of the waste management obligations applicable to issuers of electrical and electronic equipment (“EEE”), the Subscriber must hand over the Badge to Enovos at the end of use or dispose of it in such a way as to enable recycling.

Article 14. Language and interpretation

14.1. In the event of divergence, the French version of these Specific Terms of Sale shall prevail and be the reference for any questions of interpretation.

PART 2: MOBILITY PLATFORM AND APPLICATION TERMS OF USE

General Terms and Conditions of Use for the Platform and Application.

Article 1. Object

1.1. The following general terms and conditions of use (“General Terms of Use” or “GTU”) apply to and govern the use of the Platform and Application, which allow Customers to manage their driver profiles and related aspects of their e-mobility concepts. The Platform and Application further allow Subscribers to consult their Consumption Data as well as related information regarding the use of the e-mobility services.

1.2. Enovos reserves the right to change these GTU at any time and at its sole discretion. The amended GTU will automatically apply.

1.3. The User will be notified of such amendment when logging on to the Platform or in the Application. The currently applicable version of the GTU is available on the Platform and on the Application for download. The Customer and the Users must accept the new GTU in order to continue to use the Service from the date they apply.

1.4. By accessing the Platform or the Application, the User confirms by actively ticking a box that he/she has read and understood the GTU, which he/she accepts.

Article 2. Definitions

2.1. For the purpose of these terms of use, the capitalised terms shall have the following meaning.

2.2. “Application” means the mobile application associated with the Service, downloadable free of charge from the App store and Google Play, which lists on an Interactive Map all the charging stations of the Enodrive Roaming Networkcharging points accessible via the Service. The application allows the Subscriber to view his/her charging and billing history by logging into his/her Subscriber Account.

2.3. “Consumption Data” means the identified Badge, identified charging point, location, date, time, duration and volume of electricity consumption.

2.4. “Customer” means a company who has contracted an agreement on e-mobility services for electric and plug-in hybrid vehicles with Enovos.

2.5. “Data” means all data, including Personal Data, transmitted by the User to Enovos via the Platform.

2.6. “Interactive Map” means an interactive map on which all the charging stations of the charging stations of the Enodrive Roaming Network appear. This interactive map allows the Subscriber to consult the location, availability and main characteristics (types of connectors, power, etc.) of each charging station. The Interactive Map can be consulted using the Application and the Platform.

2.7. “Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to identification data, such as name, surname, place of residence, Subscriber’s account number, job function, banking data, or by reference to contact data such as phone number or email address and/or by reference to Consumption Data.

2.8. “Platform” means the online platform made available by Enovos to Customers and Users to enable the management and use of the respective e-mobility services and solutions.

2.9. “Services” designate the services provided by Enovos through the Platform and Application.

2.10. “Subscriber” means any natural person who is employed by a Customer and who has subscribed to the enodrive mobility services.

2.11. “Subscriber Account” means the Subscriber’s personal account linked to the Service, allowing him/her to access the functionalities of the Platform and the Application.

2.12. “User” means a Subscriber, or an employee authorised by the Customer to access the Platform.

Article 3. Purpose

3.1. The Platform and the Application are tools for managing charging solutions. Users have secure access to the Platform to open and monitor the respective e-mobility services.

3.2. Users are able to:

Update/change their Personal Data, such as contact details, which the User undertakes to keep updated;
set up and modify notification preferences relating to the use of the Platform, and
use the ticketing service for questions or complaints relating to the use of the Services.

Article 4. User registration

4.1. After subscribing to the enodrive e-mobility services, the Subscriber will receive access to the Platform and may login to the Application.

4.2. Users which are not Subscribers will receive the access to the e-Application from the Customer by whom they are employed.

4.3. Any User of the Platform has to ensure that his/her Data is correct, updated and complete.

Article 5. Maintenance

5.1. By using the Platform and the Application, the User understands and agrees that Enovos will carry out maintenance operations on the Platform or the Application and that the interruption of access to the Services as a result of such maintenance operations shall not constitute a violation of its obligations on the part of Enovos under these GTU.

Article 6. Guarantees

6.1. By using the Platform and the Application, the User confirms that he/she has appropriate equipment to use the Services and agrees not to use any device or take any action that may cause harm to Enovos or other Users.

6.2. The Customer and the User acknowledge that a high-speed internet connection is required to access the Platform and Application.

6.3. In all cases the password giving access to the visualisation accounts must be protected against fraudulent use by others. The Customer and the Users must inform Enovos immediately in case of fraud. Enovos bears no responsibility as to the protection of their passwords by the Users or the Customer.

6.4. By using the Platform, the User guarantees at all times that he/she is not using the Platform in order to distribute, reproduce, publish or modify, in any way, materials protected by copyright, trademark or other proprietary rights owned by third parties without their prior consent.

Article 7. Restrictions and prohibited use

7.1. The User shall not (nor will allow or facilitate a third party to):

attempt to copy, modify, duplicate, imitate, reproduce, create derivative works from, frame, mirror, or download, all or any portion of the Services in any form or media or by any means; and/or
attempt to decompile, disassemble, reverse engineer or otherwise attempt to discover any source code from, all or any part of the Services; and/or
sell, rent, lease, transfer, assign, distribute, transmit, display, publish, disclose, or otherwise dispose, commercially exploit, or otherwise make the Services available to any third party; and/or
access or use all or any part of the Services in order to build or create a product or service which is similar to, or which competes with, the Services; and/or
attempt to obtain, or assist third parties in obtaining, unauthorised access to the Services; and/or
abuse the Services in any way and/or use the Services for advertising or solicitation to buy or sell any products and/or for creating, sharing and sending unsolicited commercial messages, bulk email, “junk mail”, “spam” or chain letters; and/or create or send any viruses, worms or trojan horses, flood or mail bombs, or engaging in denial of service attacks while using the Services; and/or
use or launch any automated system, including without limitation, any “robots”, “spiders”, or “offline readers”, that accesses the Service in a manner that sends to the servers, cloud or other platform on which the Services operates, more request messages in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and/or
use or launch any data mining or any similar data gathering and extraction tools, in connection with the Services (including by using software, scripts or automated agents and bots); and/or
use the Services in any manner that damages, disables, overburdens, or impairs the Services, or Enovos’ systems or servers, or the cloud or other platform on which the Services operates, and/or otherwise interferes with any other party’s use and enjoyment of the Services, and/or
access the Services by any means other than through the interfaces that are provided by Enovos for accessing and use of the Services; and/or
use the Services in any manner that is unlawful or prohibited or in violation of this GTU and/or any applicable law or regulation.

7.2. Enovos reserves the right, at its sole discretion without any liability to the Customer or User, to disable, suspend or terminate the User’s and Customer’s access to the Services, in the event of any breach by the Customer or anyone on its behalf, of the provisions of this article.

7.3. In the event of any such unauthorised access or use of the Services, the Customer and the User shall promptly notify Enovos.

Article 8. Responsibility

8.1. Enovos cannot guarantee continuous and permanent availability of the Platform and the Application. Enovos will use its best efforts to provide access to the Platform and the Application in the most efficient manner possible to Users, subject to maintenance periods.

8.2. Enovos shall use reasonable skill and care to ensure uninterrupted services, good quality service and to rectify any malfunctions. However, Enovos cannot guarantee that the Platform and the Application will operate uninterrupted or without error/virus-free.

8.3. Whilst Enovos shall use reasonable skill and care to ensure that the data provided via the Platform and the Application, including Consumption Data, is available, accurate and complete, it cannot provide any guarantee in relation to the availability of such information in real time, its accuracy or completeness. Enovos declines all responsibility for any damage or loss suffered in connection with the use of the Platform or the Application and its content by the Customer or Users.

8.4. In accordance with Article 5, Enovos reserves the right to interrupt the use of the Platform and the Application in order to carry out maintenance operations. Such interruptions shall not entitle the Users or Customer to compensation.

8.5. Enovos shall not be liable for the unavailability of the Platform and the Application or for any loss of Data resulting from any fault or default attributable to the User or a third party.

8.6. More generally, Enovos declines all responsibility for any interruption or malfunction of the Platform and the Application resulting from:

failure to comply with these GTU or any other contractual document;
inappropriate or illegal use of the Platform and the Application;
a force majeure event;
events dependent on third parties such as telecommunication operators;
acts or omissions of the User.

8.7. When using the Platform, the User may be required to click on links that redirect him/her to third party service providers. Enovos cannot be held responsible for the unavailability of the websites or services of these third parties. In general, Enovos shall not be liable for the operation, content or any other aspect of third-party sites or services or for any direct or indirect damage caused by following a link to a third-party site or service.

8.8. Enovos may make available on the Platform and the Application information Enovos by third parties, such as prices for charging on the charging stations of the Enodrive Roaming Network. In this case, Enovos accepts no responsibility for the content of such information.

8.9. The liability of Enovos is excluded for material errors in the information that can be consulted via the Platform and the Application, made by which depends on the data communicated by the various charging operators, in particular regarding the unit prices applicable to the charging stations, their availability for charging and their characteristics (power, type of connectors, etc.).

8.10. The liability of Enovos is excluded for any malfunction or temporary unavailability of the viewing of the Interactive Map and Consumption Data on the Platform and the Application to the extent it depends on third party providers.

8.11. In all other cases and to the extent permitted by law, Enovos shall not be liable for more than the amount of Service Fees paid or payable for the Service concerned over the period of six (6) months immediately preceding the claim. In any event, Enovos shall not be liable for any indirect or consequential damages.

Article 9. Intellectual property

9.1. The Platform and the Application, its functionality and content remain the exclusive property of Enovos or if applicable the respective subcontractor/service provider. No transfer of license, even temporary, takes place in the context of its use.

9.2. The intellectual property of any information made available by a third party and published on the Platform and the Application remains with that third party and no transfer of licence, even temporary, takes place in the context of its use.

Article 10. Protection of personal data

10.1. Enovos acknowledges and undertakes to comply with the laws and regulations governing the processing of personal data, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and any other national laws or regulations governing the processing of personal data in connection with the provision of the Platform.

10.2. Enovos is an independent data controller and the recipient of the data processed through the Platform and Application. The processing of Personal Data is necessary for the usage of the Platform and Application and for the performance of the Services. The Subscriber and/or User authorises Enovos and its representatives, employees, agents and collaborators and subcontractors to process Personal Data collected through the Platform to realise the Services.

10.3. The contact details of the Enovos DPO are dpo@enovos.lu.

10.4. The Subscriber and/or User has the right to request from Enovos access, rectification or erasure of Personal Data or a limitation of treatment, where applicable. The Subscriber also has the right to object to the processing as well as a portability right of Personal Data. These rights can only be exercised within the limits of any contractual or legal obligation and subject to technical feasibility.

10.5. The Subscriber and/or User also has the right to lodge a complaint with the competent supervisory authority, i.e. the National Commission for Data Protection (https://cnpd.public.lu/fr.html).

10.6. Enovos acting as independent data controller will assume no liability regarding the usage, processing, storage and deletion of the Personal Data handled exclusively by the other independent data controller, which processing shall remain subject to applicable data protection laws and be governed by its own privacy policy.

10.7. Personal Data will be kept for as long as necessary during the execution of the Service, unless a longer retention period is authorised or imposed by law or if the Subscriber has exercised, under the conditions provided above, one of the rights recognised by law.

10.8. The data controller does not transfer Personal Data outside the European Union or to an international organization, except where applicable on the basis of an adequacy decision, standard contractual clauses of the European Commission or any other instrument validated under the GDPR.

10.9. By using the Platform, the User acknowledges and agrees that his or her Data is, where applicable, collected and used in accordance with the Enovos Privacy Policy available at www.enovos.lu.