General terms and conditions
To use Megalan Charge Platform for Charging Electic Vehicles
This Document constitutes the General Terms and Conditions to use the services on charging electric vehicles. The services are offered by Megalan Power Management EOOD via the built-up network of charging points of the Operator, as well as charging points of other operators which are available for use through the network of Megalan Power Management EOOD. The services are available for use via megalancharge.bg site or other subsites of megalancharge.bg domain, as well as the Megalan charge mobile application, which together with the charging infrastructure hereinafter are referred to as Megalan Charge Platform. These terms and conditions regulate the rules of use and the relationship between Megalan Power Management EOOD, on the one hand, hereinafter referred to as the Operator, and the users of the Megalan Charge platform, on the other hand.
Particulars about the operator
Name: Megalan Power Management ltd.
Company No.: 205909734
VAT No.: BG205391875
Address: 4, Jordan Josifov Str., 1700 Sofia, Bulgaria
Telephone: +359 8777 75 999
When applying and interpreting these General Terms and Conditions, the terms and phrases used shall have the following meaning:
1.1. Platform – the total set of the charging infrastructure, as well as websites and mobile applications administered and distributed by Megalan Power Management EOOD; with it the Operator offers services for charging electric vehicles;
1.2. Website / site is a speficially allocated place in the global Internet network, which is accessible through its unified address (URL) under HTTP, HTTPS or other standardized protocol and which contains files, programs, texts, sounds, pictures, images or other materials and resources;
1.3. The Megalan Charge mobile application – софтуер за мобилни устройства с операционна система Android или iOS администриран и разпространяван от „Мегалан пауър мениджмънт” ЕООД, наличен за изтегляне през съответните каталози за приложения (Google Play, App Store) или през сайта https://megalancharge.bg.
1.4. Operator is Megalan Power Management EOOD, headquartered at: Sofia, 4 Yordan Yosifov str. Company No. 205909734, which offers the services, which are the subject matter of these Terms and Conditions for use, through its physical charging infrastructure and via the website https://megalancharge.bg, other subsites located on the domain megalancharge.bg, as well as Megalan charge mobile application for Android and iOS. Email: firstname.lastname@example.org.
1.5. Client/User is any natural person aged 18 or over or any legal person or other legal entity that has registered on the Megalan charge platform and that, by completing the account creation process, has given their consent to certain clauses in the General Terms and Conditions chapter on the platform.
1.6. Password is a series of letters, numbers and symbols chosen by the User and together with the e-mail address of the User contributes to the process of identification and access to their user profile and part of the services on the site that require user identification. Alternatively, the user can create an account using their existing Google or Facebook account.
1.7. User Profile, also called an Account, is part of the platform that contains information about the User which is needed to customize some of the services provided by Megalan Charge. The user profile is accessible after a mandatory registration by entering registration, communication and invoicing details, as well as the e-mail address which the User has used for regitration on the platform and a personal password.
1.8. Services under these General Terms ad Condition can be:
- charge of electric vehicles at charging points in the network of Megalan Power Management EOOD or other charging points available for use through Megalan charge application and/or Megalan charge sites;
- information about charging points for electric vehicles, including location, status and other information about the charging points;
1.9. RFID card is a personal device for radio-frequency identification issued and authorized by the Operator upon User’s request; with it the User can identify themselves in order to use the charging points in the network of the Operator or partner networks. The RFID card is an alternative method of authorization and is linked to the corresponding user account. Actually, the RFID card is not a means of payment on itself.
1.10. Charging point is a given device (charging station) which makes it possible to charge electric vehicles.
1.11. Token – a crypted unique code connected to the User’s bank card as this code is created and kept by the card operator or the bank institution the Operator has been working with.
1.12. Contract – is the contract executed remotely between the Operator and the User for sale-purchase or free use of the Services through the Megalan charge platform; these General Terms and Conditions to use the Platform are an integral part of the contract.
1.13. Malicious activities activities are actions or non-actions that violate the Internet ethics or harm individuals connected to the Internet or associated networks, sending unsolicited mail (unsolicited commercial messages, SPAM, JUNK MAIL), flooding channels (FLOOD), gaining access to resources with other people's rights and passwords, taking advantage of the flaws in systems for somebody’s own benefit or obtaining information (HACK), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending Trojan horses or causing the installation of viruses or remote control systems, disturbing the normal work of other Internet users and associated networks, performing any actions that can be qualified as a crime or an administrative violation under the Bulgarian legislation or other applicable law.
ART.2. RENDERING INFORMATION, GOODS AND SERVICES
2.1. Through the Platform the Operator gives a User without mandatory registration access to published information and services offered such as: receiving information bulletins by e-mail, receiving notifications about novelties on the Platform, including new services and goods offered through the Platform, etc.
2.2. Through the Platform the Operator gives a User without mandatory registration access to information about the network and the location of the charging points, price and allowed charging options, including information about charging points of other operators.
2.3. After the mandatory registration and creation of a user profile, the Operator allows the User to charge at the charging points that are managed by the Operator or its partners - other operators; in regard to the charging points that require payment for the charging service, the user has the option to pay by debit or credit card or by purchasing a charging (top-up) voucher or by obtaining such a voucher as part of a marketing campaign or loyalty programme.
2.4. The user is obliged to strictly follow the provisions set out in these Terms and Conditions of Use, regardless of whether or not they have registered a user profile on the platform.
ART.3 CONSENT TO THE GENERAL TERMS AND CONDITIONS.
3.1. Every time the platform, in particular the site megalancharge.bg or any of the subsites of the domain megalancharge.bg, as well as the megalancharge applications is used, it means that you have (a) carefully read the General Terms and Conditions for its use and (b) ) you have agreed to abide by them unconditionally. To have access to certain functionalities and/or services of the Platform, the User is obliged to register by completing an electronic registration form on the site.
3.4. It is not possible to make registration on the Megalan charge platform without agreeing to the General Terms and Conditions.
3.5. The Operator reserves the right to update and amend the General Terms and Conditions of the Platform periodically, to implement any changes in the way the Platform functions and in the terms and conditions or any amendments in legal requirements. The document may be modified as conditions for the Clients/Users/Buyers as of the moment it is published on the Platform without violating the rights of the Clients/Users in compliance with the applicable laws. In case of such a change, we shall publish the amended version of the Document on the Platform; therefore we kindly ask you to check the contents of this Document periodically. These changes might be of retroactive effect regarding services already provided.
3.6. These changes come into effect as soon as they have been published on the mobile application and the site and they are mandatory for all the users/clients.
ART.4. REGISTRATION OF A USER. ACCOUNT.
4.1. The access of a User to part of the information and services on the Platform and their use can be achieved after completing the registration.
4.2. After having successfully registered on the mobile application or the website of Megalan Power Management EOOD, every user shall obtain account. "Account" in the meaning of the preceding sentence is a set of data that the respective user submits during the registration; via the account the users are uniquely identified in the system of the mobile application and the website of Megalan Power Management EOOD. The user registers temesleves by specifying their names, personal e-mail, telephone, address and other explicitly indicated mandatory details and enters password created by themselves. The user is obliged to register with their real data, otherwise they shall not have any claims on the ordered services.
4.3. The access to each account is possible only by using the correct combination of e-mail and access password (which is created personally by each individual user during the registration) or if the user uses the option of registration/login with a Facebook or Google account – after the authorization by the respective system.
4.4. During the creation of the user profile and registration, the User submits an express electronic statement in compliance with the Electronic Document and Electronic Signature Act; with it the user declares that he/she has read the General Terms and Conditions, accepts them, agrees to them and shall abide by them.
4.5. Non-acceptance of the General Terms and Conditions during the creation of an account shall make it impossible for the User to use the services rendered through the Platform.
4.6. Each user shall not disclose their password to third parties and shall be responsible for ensuring all the necessary conditions to apply high standards for information security, so that third parties could not gain unauthorized access to their password and to the mobile application and the website of Megalan Power Management EOOD by using heir account. To avoid misunderstanding, it is stated that the team of Megalan Power Management EOOD shall not bear any responsibility for any illegal access to your account by persons other than you and without your express consent for it, incl. cases when your account is substantially altered, erased or deleted in another way as a result of such unauthorized access.
4.7. More, the Operator shall not bear responsibility if someone finds out the username and/or password of a user and uses it to obtain information, change or delete the profile of the respective user. Further, the Operator shall not be liable to users in relation to direct, indirect, incidental damage
4.8. The Operator reserves the right to delete an account if it detects that the User has submitted false data during their registration.
4.9. Each User, through their account, can receive Commercial Notifications if they have given consent for their data to be used for direct marketing – so called Push Notifications.
ART. 5. TERMS AND CONDITIONS TO USE CHARGING POINTS. PRICES AND WAYS OF PAYMENT
The service related to the use of the charging points of the Operator can be used only at charging stations linked to the Operator's network or accessible through the Platform due to an agreement with another operator. The charging stations are indicated on the website of Operator (megalancharge.bg) as well as in the Megalan charge mobile application and bear the markings of the Operator. Some expressly marked charging points may be used without authorization and without payment while others need authorization and/or payment.
5.1. Payment upon charging can be made by:
(a) bank card for payment service provision by using a POS terminal attached to the device - for charging points that have such a terminal;
(b) via the payment functionality of the Megalan charge mobile application, incl. using RFID card for authorization instead of authorization thourgh the application. The payment option through the mobile application makes it possible for the User to pay for charging their electric car using a bank card saved in the application.
5.2. During the registration of the bank card, the user enters the bank card details in a secure form provided by the bank serving the Operator. The details on the bank card of the client shall not be stored on the Platform and the Operator shall not have it in its database. The details on the bank card of the User are processed and stored only by certified providers of such services. The IT system used to provide such services only stores tokens that are used for communication between the payment service provider and the Operator. The whole payment information is protected with cryptographic protocols when sent over the Internet, so that it would not be deciphered when transmitted by a third party. The User can register a maximum of 3 (three) bank cards in the application.
5.3. After starting the charging through the Megalan Charge mobile application, the User selects the payment option that shall be used in case payment is required. By choosing the option "Start Charging" or a button with similar text on the screen of each end charging point (charging station) or the function to start charging through the Megalan Charge mobile application or the website app.megalancharge.bg, the User accepts and agrees that the charging service is initiated and completed and that the Operator will debit the respective charging fee, including applicable taxes and service charges.
5.4. The charging fee may depend on the duration of charging and/or the charged quantity and/or a preliminary set price or a combination of all of them forming the respective price list displayed on the mobile application and/or the website of the Operator, for the respective charging point.
5.5. The final charging fee based on the respective price list (tariff) which the User is aware of before the charging, shall be calculated when the charging process is complete and shall be immediately debited. For the convenience of the User, during the charging the mobile application or the display of the charging point shall show interim information about the duration, the electricity charged and the current amount; they are non-binding and are not final charging details. Charging may be discontinued by the user or automatically by the system depending on the instructions inserted by the User. The payment for the charging service is final and non-refundable.
5.6. The current prices of charging services are displayed on the Megalan charge mobile application or on the relevant website where a charging session can start, therefore the Operator considers its clients to be informed about the prices of charging services and does not take the commitment to physically indicate them (the prices) at the charging point. If there are indicated prices, they are not binding and the User is obliged to accept the prices visible in the application and/or the website as the valid ones. If the User uses RFID card to authorize and start charging, then he/she shall be responsible to read the pricelist and charging terms and conditions in advance as specified in the Megalan charge mobile application and/or the website of the Operator. The final price of the service at the same charging point can differ depending on the features of different car models and the time required to charge them. The operator reserves the right to change the applicable prices periodically. All changes are displayed on the mobile application and website of the Operator in due time and immediately become effective after being updated.
5.7. The user shall provide all the needed information for invoicing in line with the applicable Bulgarian law.
5.8. The Operator shall issue an invoice to the User for the rendered Services in line with the information provided by the User.
5.9. The operator shall issue an electronic receipt for the paid chargings in the preceding month which the User shall receive on their e-mail after the end of the current month. If the user expressly requests this, after the end of the month the Operator shall issue an invoice, which the user shall receive at their email address, as this invoice shall contain all the chargings for the respective month.
5.10. To get a correct invoice, the User is obliged to constantly update the details in their account.
5.11. When the due amount for charging cannot be paid for charging, the Platform automatically gives the account of the User a status that does not allow subsequent paid charging until the current unpaid amount has been paid off. The User has the option to pay the current due payment through the Megalan charge mobile application by adding a new payment option or trying to make a payment again with an already registered payment option, or by contacting the Operator to pay the due amount via a bank transfer. The User shall be informed about a pending due amount by displaying information on (a) the screen for the end of a charging session in the Megalan charge mobile application; (b) the screen to view the charging history in the Megalan charge mobile application; (c) the main screen with the card in the Megalan charge mobile application; (d) an email sent automatically by the Platform to the email address which the User has registered in the Platform. Each of the mentioned screens and the email notifying about a pending due amount contains a button to start the process of the due amount payment. After the due amount has been successfully paid, the account of the User shall be automatically activated by the system and he/she will be able to charge at paid charging points again.
5.11. The operator has the right to close the user profile of a specific person as soon as possible if the latter does not pay the due amount (a) on unsuccessful payment transaction for charging within 15 (fifteen) work days as of the charging. In case of deferred payment, the Operator reserves the right (b) to start a court proceeding for the due amount; (c) to charge interest rate for delay and, if applicable, a collection fee and other costs related to the collection of the fees owed to the Operator by the User in legal proceedings for obtaining the due amounts; (d) to transfer its receivable from the User to third parties.
Art. 6. OBLIGATIONS AND RESPONSIBILITIES OF THE USER WHEN USING CHARGING POINTS
6.1. The User is obliged to get sure that the charging of the electric car starts and ends properly. To get sure that the charging process has started, the User shall check the information displayed on the application and/or visualized on the display of the charging station. Charging begins when the User has connected the vehicle to the charging station in compliance with the instructions after the identification. The User is obliged to be sure that the vehicle is compatible with the respective charging station and that it can be charged at the respective charging station.
6.2. The procedure of charging electric car is paid by choosing a payment option acceptable at the respective charging point. The user shall get sure that the registered bank card is valid, it has enough cash/limit and it is not blocked. If the payment is not possible to be made, the Operator has the right to ask for payment directly from the User or terminate their registration and block their access to services through the Megalan charge platform.
6.3. If the User chooses to pay by a bank card and after charging the respective card does not allow debiting because it has expired and/or its limit has been exceded and/or due to other restrictions placed by the payment service provider, the system shall notify the User via email. The User shall pay the due amount to the Operator for the charging services in order to continue to use the services. Until the due amount is paid, the access to the services may be temporarily blocked in line with the specified process under Art. 5.11.
6.4. All disputes about fines for illegal parking shall be settled directly between the User and the respective representative of the competent authority, institution, company in charge of parking and compliance to the rules set out in Road Traffic Act. The Operator shall not participate in such disputes and shall not bear any responsibility in relation to them.
6.5. The User shall confirm that the Service and all the rights to it are the exclusive property of the Operator or its licensors or roaming service partners. The Service has content that is protected by copyright, trademark rights and/or other intellectual property rights. You may not use the Service for purposes other than personal and non-commercial purposes.
6.6. The User is responsible for any unauthorized use of the Service that is under their reasonable control. The User shall notify the Operator immediately or as soon as possible if they believe that their account has been used by an unauthorized person or in an unauthorized manner.
6.7. If RFID identification card is lost or stolen, the User shall immediately contact the Customer Service of the Operator by calling +359 …………………………….. If the User does not provide information about the loss or theft of the RFID identification card, the User shall be responsible for all registered charging transactions.
6.8. In case of a valid notification of unauthorized use of the service submitted by the User to the Operator, the Operator shall exert max. efforts to block the RFID card within 1 (one) hour. In any case, until the expiration of the period under the preceding sentence, the User is responsible for any use of the RFID card for identification.
6.9. The information about the transactions performed by the User is visible in the account of that User, which is accessible through the Megalan charge mobile application.
6.10. A client who wants to submit a complaint shall notify the Operator within 24 hours of the date when the said transaction was visible in their account in the Megalan charge application. The complaint shall contain a clear description of the type of error that was made. If the error description is not detailed enough, the User shall lose the right to refer to the error, unless otherwise set out in the imperative legislative provisions. When the client submits a complaint, the Operator may perform a technical assessment of the disputed charging transaction.
6.11. Complaints about incorrect charges shall be processed and resolved by the Operator. If a complaint is accepted, the Operator shall compensate the User for the relevant amount within 20 (twenty) days, and when the Client gives their consent, the amount shall be refunded as a voucher for charging to the account of the User. If the complaint is rejected, the Operator shall notify the User about the result of the assessment of the complaint.
ART.7. RIGHTS AND OBLIGATIONS OF THE USER.
7.1. The User has the right to access online the services offered by the Platform provided they abide by the General Terms and Conditions of Use. To use all the services, the User should enter their own e-mail and password, except in the cases when they charge as per "pay-as-you-go" model - then it is enough to enter payment details.
7.2. The User has the right to access and correct their personal details entered during registration through the Megalan Charge application.
7.3. Every user has the right to make only one registration on the platform. A user with more than one registration shall be deactivated.
7.4. The User has the right at any time to terminate the use of the services provided by Megalan Power Management EOOD.
7.5. The contract remotely executed between the User and the Operator shall not be considered as a permission for the User to copy, publish, dissiminate in any way, provide to third parties, alter in any way and any part of the content of the Platform, trademarks, etc. including by inserting any content external to the site, including but not limited to: information, data, texts, sounds, files, software, music, photos, graphics, video or audio materials, messages, as well as any other materials:
7.6. When using the services provided by Megalan Power Management EOOD the User is obliged to:
- observe the national and European legislation, these General Terms and Conditions, Internet ethics, rules of morality and good manners;
not to commit malicious acts within the meaning of art.1.12.;
- notify Megalan Power Management EOOD as soon as possible about each case when a violation has been committed or discovered when using the offered services;
7.7. By accepting these Terms and Conditions of Use, the User hereby declares that the use of the offered service shall be entirely at his/her own risk and responsibility.
ART.8. RIGHTS AND OBLIGATIONS OF THE OPERATOR
8.1. The Operator aims to provide the service to the User non-stop and without cut-offs, but does not guarantee that the service is available, uninterrupted, timely or devoid of technical errors.
8.2. The Operator shall take the due care to provide the User with the opportunity to use the services normally – subject matter of these General Terms and Conditions.
8.3. The Operator neither have the obligation nor the objective possibility to control the manner how the User uses the offered service.
8.4. The Operator shall not be responsible for any damage caused to the User when using the offered service, except in cases of intentional damage caused by the Operator.
ART.9. OPERATOR’S LIABILITY AND LIMITATION OF LIABILITY
9.1. The Operator shall not bear responsibility for lost profits, damage or losses if (a) the service rendered to the User, the data transmission network or related functions do not work; (b) the service to the User was suspended due to reasons which later have turned out to be false, but at the time of the suspension of the service the Operator justifiably believed that they constituted suitable ground to suspend the service rendering; (c) the RFID card or the device containing the installed mobile application of the Operator for user identification was lost or stolen and used illegally by another person or other cases set out in these General Terms and Conditions; (d) the delivery of services and/or of goods is prevented by force majeure beyond the reasonable control of the Operator, including and regardless of the reason for the cut-off of the electricity transmission by an independent system operator and/or due to the act of a third party.
9.2. The operator shall not bear responsibility for the parking of the car by the User by observing the laws and/or regulations set forth by competent authorities, institutions, third parties, companies managing private parking lots, etc.
9.3. The operator shall not bear responsibility for damage or loss caused by a legal provision, actions of a government authority, war, sabotage, lack of or delayed supplies, information links or other data transmission and communication links, strike, boycott or other similar circumstances beyond the the reasonable control of the Operator. The provision about strikes, boycotts and blockades applies if the Operator is subject to such actions.
ART.10. PROSESSING OF THE PERSONAL DATA OF THE USER
Please, read the confidentiality policy in regard to personal data protection, which is part of this Document and which you can find herein.
Cookies are small files of information that are saved in your Internet browser or hard drive when you visit the website. Cookies allow us to improve the websites, which are part of the Megalan charge Platform, so that they contain the most useful information for you. You can set your internet browser so that it would not save cookies or delete the ones already saved. If you want to apply these functions, you should adjust the settings of your internet browser. We shall not bear responsibility if your Internet browser does not support the functions of control of use, refusal to save or deleting saved cookies. If you disable the storage of cookies or you delete the ones already saved, all that may disrupt the functioning of the website.
ART.12. LIABILITY IN CASE OF TECHNICAL DEFECTS.
12.1. The Operator shall not bear responsibility for non-rendering of services in case of events beyond its reasonable control - force majeure, random acts, problems in the global Internet network and in the service rendering beyond the reasonable control of megalancharge.bg.
12.2. The Operator shall not bear responsibility for any disruptions or technical problems preventing the use of the services as a result of the operation of the equipment of the User.
12.3. By accepting these Terms and Conditions of Use, the User declares that they are aware of the possibility of potential cut-offs and other types of difficulties when connecting their Internet to the Platform of the Operator, which may occur regardless of the care taken by the Operator.
The User agrees that they shall not claim any compensation from the Operator for lost profits, damage suffered or inconveniences due to the occurrence of the above-mentioned cut-offs or difficulties in the Internet connection, including the capacity of this connection, too.
12.4. The Operator shall not bear responsibility for the reliability of the service it offers, its quality and continuous rendering, system crashes or service-related problems.
ART.13. CLAIMS AND REFUSAL OF SERVICE
Charging is irreversible and it is not possible to cancel a charging service already provided. A complaint about incorrect fee charge can be submitted under the terms and conditions of Art. 6.11.
ART.14 OTHER PROVISIONS
14.1. Written statements and notifications specified herein and these Terms and Conditions of Use are considered validly made if they are made in the form of a notification sent by e-mail and/or sent to the address of the office/headquarters of the Company, as much as the statement is technically recorded in a manner that makes it possible to reproduce it.
14.2. All the contents on the Megalan charge platform, including texts, graphic designs, images, icons, photos and software, is the property of the Operator or the respective rights holders who have assigned the right to use to the Operator. Any other use of the materials on the Megalan Charge platform without the prior written consent of the Operator is not allowed.
14.3. The parties declare that if any of the clauses of these Terms and Conditions of Use turns out to be invalid, this will not render the contract, other clauses or its parts invalid. The invalid clause shall be replaced by the imperative rules of the law or common practice.
14.4. For all issues not settled herein the provisions of the valid legislation of the Republic of Bulgaria shall apply.
14.5. All disputes between the parties shall be sorted out amicably and with good intentions, including the cases when observing the above procedure. If the parties cannot reach an agreement, all unresolved disputes arising from the contract between the parties or somehow related to it shall be solved pursuant to the valid legislation of the Republic of Bulgaria.