Elton - Terms of Service
Elton is a service offered and managed by Elton Mobility AS (org. no. 928 230 953) (hereinafter referred to as “Elton”, “We”, “Us”, or similar). Elton is a service for owners of hybrid and electric cars, offering numerous functions which we hope will ease your everyday life as a car owner. At further specified terms, Elton can give you recommendations and information about the location of the closest and best charger for your vehicle, charge your vehicle at the charging station made available in the app by our partners (the “Charge point”, the “Charge point Operators”). Elton can also give you recommendations on driving routes and sights along the route you choose (hereinafter “Elton”, or the “Service”). Throughout these Terms of Service, Elton users will be referred to as “User”, “You”, or similar.
1 Access to the Service
1.1 Authorized Users
Users must be 18 years of age in order to use the Service. Your access to the Service is personal, and by giving third parties access to the Service you are fully responsible, both legally and financially, as well as fully responsible for the use being in compliance with the Terms.
You are also responsible for ensuring that those who use the Services on your behalf are familiar with the Terms.The agreements into which Elton enters with Charge point Operators make said Operators’ Charge points accessible through the Service. Authorized Users who have created a user account (see section 1.2 below), will be able to use the Charge points available through the Service in accordance with the Terms.
1.2 Access to and use of the Service
In order to gain access to Elton, you must first create a user account. Creation of a user account is done directly in the Service’s mobile application, available for download through Appstore, Huawei Store and Google Play as “Elton - EV Charging App” (the “App”).
The creation of a user account requires registration of certain personal data. To identify you, we use your telephone number or e-mail address to verify your account either by an SMS or e-mail containing a unique code that provides access. To complete Charging Sessions (defined below), payment must be made via one of our approved payment methods. You can either pay by registering a payment card (Visa or MasterCard) in the App, or via VIPPS.
Once a user account has been created and the Terms have been accepted, the Services in Elton are made available. This include access to Charge points from Charge point Operators where you can charge your vehicle (“Charging Session”). Available Charge points and any conditions applicable for a Charging Session will be visible in the App at all times. Other functions, such as the route planner, can be used freely.
Elton has been developed and made available to ease your everyday life. This must be mutual. All Users of Elton therefore commit to only use the Service in accordance with its purpose, services and functions, and shall at all times refrain from:
- A. decompiling or otherwise attempting to obtain or access the source code of the software components in the App;
- B. using the App to send any kind of unsolicited messages;
- C. extracting or otherwise collecting other users’ information or data without their consent;
- D. transferring or posting illegal, immoral, libelous, offensive, threatening, vulgar or obscene material;
- E. transferring material containing software viruses or malicious software code, files, scripts or programs;
- F. interfering with or undermining the integrity of the App or information stored therein;
- G. attempting to gain unauthorized access to the App or certain parts of the App;
- H. interfering with other users’ use of the App, or
- I. other irregular use or for purposes that are contrary to law or these Terms
Elton reserves the right to change its technical provider as well as make updates, upgrades, improvements etc. that may lead to change of interface and/or functionality of the App, and/or require users to update their own system, including new device, operating systems (such as iOS, Android or Windows) or web browsers.
3 Payment and Prices for Charging Sessions
3.1 Payment terms
Payment for Charging Sessions is done directly through the App by immediate debit or reservation of payment on the User’s account after the Charging Session has ended. If the User is without account coverage after a Charging Session, or there are other factors that prevent correct payment, Elton reserves the right to send an invoice with a payment due date. In the event of non-payment, Elton also reserves the right to block parts of or the entire Service without further notice.
Your Charging Sessions, including charging and payment history, will be available in your user account in the App.
The current starting price will be visible in the App before you start a Charging Session. As Elton provides access to Charge points through different Charge point Operators, the final price will vary depending on the Charge point Operator’s prices and the length of the Charging Session. At the end of the Charging Session, the final price is calculated and made visible in the App. You can read more about how we calculate the prices on Elton’s website.
4 Additional Services
Both before, during and after a Charging Session, users may freely use the different services offered through the App, such as the route planner and our recommendations on routes and sights etc. (“Additional Services”). Additional Services are offered “as is” without any guarantees, though we strive to offer Additional Services in a way that enhances your driving and travel experiences.
5 User Responsibility
The User is responsible for his user account. This means that you must keep the information stored in your user account up to date and protect your account from unauthorized access, especially by keeping your password safe and inaccessible to third parties. We therefore assume that all actions performed in the App are done by you, and that your information stored within the App is correct. Should you still experience any suspicious activity on your account, please contact us immediately by using the contact information in section 8 Communication below.
Users must ensure that Charging Sessions are performed according to instructions given in the App or at the Charge point. When it comes to Charging Sessions, please note that Elton has not entered into agreements with those who own the properties where the Charge points are located, and that some Charge points may be located in areas where special parking rules apply. Users are therefore always responsible for checking and complying with the parking rules at each Charge point.
6 Limitation of Liability
Elton does not guarantee continuous, uninterrupted or safe access to the Service. The Service may at times be either completely or partially unavailable due to maintenance or other reasons, and Elton makes no warranties for function and availability. Elton will, to the extent that it is practical, try to provide information about reduced availability. Elton cannot be held responsible for any consequences, damages or losses as a result of the Service not being able to be used as intended.
During a Charging Session, Elton assumes that the User’s vehicle, including the charging port and plug, battery and other components of the vehicle relevant to the Charging Session, as well as the Charge point Operator’s Charge point function correctly and without problems. These matters are beyond Elton’s control, and we are therefore not responsible for any damage to the vehicle that may occur during a Charging Session.
Elton will only compensate for direct losses due to the use of the Service as a direct consequence of gross negligence from Elton. Elton is under no circumstances responsible for indirect losses.
7 Processing of Personal Data
In order to offer the Service, Elton must process personal data about you and other users of the Service. You will find information about how Elton processes your personal data while using the Service in Elton’s Privacy Statement. The Privacy Statement is available here: https://elton.app/privacy
Users can always contact us directly through the App or at email@example.com.
If technical problems arise at a Charge point during a Charging Session, the User will be put in touch with the relevant Charge point Operator who will provide assistance to solve the problems associated with the Charge point.
9 Change of Terms
At times we will need to make changes in the Terms, for example due to technological developments, new functionality or changes in payment terms. Some changes may be made without us notifying you. However, we will notify you about changes that have an impact on your use of Elton within reasonable time before the change is implemented.
10 Right to Withdrawal
10 Right to WithdYou have the legal right of withdrawal from any agreement made with us. The right of withdrawal applies for 14 days from the day you entered into the agreement. Use this form to inform us if you wish to withdraw. You will still be able to use our app to charge your EV immediately after you enter into an agreement with us.
You agree that you will not get a withdrawal on power consumed, and any other services you have already used before you invoked the right of withdrawal. Elton reserves the right to demand that you cover all direct costs incurred in connection to the use of The Service, and that any discounts you have received as a result of using The Service are taken into account in the final statement, if you have already started to use the app at the time of your withdrawal from the agreement.
11 Choice of Law and Resolution of Disputes
The Terms are subject to and must be interpreted in accordance with Norwegian law.
If a dispute arises between the User and Elton, an attempt must be made first to solve the case amicably. If an agreement cannot be reached, the dispute may be brought before the Norwegian Consumer Council, who can process the case between you and Elton: https://www.forbrukerradet.no/klageguide/.
If the case remains unresolved, it may be brought before the ordinary courts, with Oslo District Court as the first instance.