Scala-EV Terms & Conditions

Terms & Conditions

 

These Terms constitute the agreement between yourself, and Scala Smart Energy Ltd. (a Company registered in Israel, with registration number 514763465 and whose registered office is at 86 Harimon Street, Nave Yamin, Israel 4492000), on all matters concerning the Electrical Vehicle charging services we provide our customers.

Providing Our Services to You is made subject to the Terms and Conditions below.

By providing the consents required during the registration process, You accept the terms and conditions of this document and our privacy policy [https://cpc.scala-ev.com/privacy] Once You have completed the registration process and have received our confirmation email, a contract is made between You and Us.

  1. Definitions. 

In these terms, the following terms shall have to following meaning:

"We", "Our" or "Us", means Scala Energy Ltd.

"You", "Your" or the "Customer", means the customer who has completed the registration process. 

"Terms", means these Terms & Conditions, which we may amend from time to time.

"Account", means your account with Us concerning the Services, which is created once you complete the registration process and receive Our confirmation email.

"Card", means your credit or debit card You provide us as Your chosen method of Payment for the Services You purchase from Us.

"Charging Card", means the RFID card that You may elect to receive (subject to payment of any relevant fee). The Charging Card will provide a convenient method of accessing and using Charging Points within our network, and will not directly require the use of a separate mobile device or otherwise rely on the signal availability of mobile networks to access our mobile application.

"Charging Point" means, the electrical charging equipment that You may use to recharge electric vehicles with electricity. Charging Points connected to our network and available for You to use under these Terms will be identifiable from our mobile application.

"Commencement Date" means, the date upon which You completed the registration process and have received our confirmation email.

"Contract", means, collectively, Your completed registration form, these Terms and any other document referred to in these Terms, our privacy policy , as well as any user guide and/or regulations provided to You.

"PPL", means the Israeli Privacy Protection Law, 1981. 

"Fees" or "Charges", means the amounts payable by You in connection with Your use of a Charging Point and the electricity supplied by Us to You in order to recharge Your car. The charges are based on the published prices as described in accordance with clause 7.

"Force Majeure Event", means as defined in clause 14.

"Registration Date", means the date on which We sent You a confirmation email acknowledging that Your registration is completed.

"Services", means the services we provide You under these Terms.

"Website", means Our website at www.scala-ev.com together with all available pages of this Website and relevant Customer portals.

"VAT", means value added tax chargeable under Israeli Law then in effect.

  1. Our Contract with You

2.1 Creating Your Account with Us means that you have read and understood these terms and conditions, and that You have agreed to them. These Terms become effective immediately upon completion of the registration process. If you do not agree to any of these Terms or any other provision of the Contract, please do not register to the Service. 

2.2. You may use the Charging Points in Our network only according to the compliance with the Contract and these Terms.

2.3. You represent and warrant that the information You provide Us is true and accurate. You shall notify Us as soon as reasonably practicable if any information or details change.

  1. Changes to these Terms

3.1 We reserve the right to change these Terms from time to time, and the most updated version will appear in the Service under the tab "Terms & Conditions ". If the changes should materially affect Your rights or obligations, We will notify You at least 30 days before they take effect by way of an email message or via the Service, and Your continued use of the Service after such changes have entered into force will constitute Your agreement and consent to such changes.

3.2 If You do not wish to accept the revised Terms You may cancel the Contract in accordance with clause 10.

  1. Providing Services

4.1 We will supply the Services to You from the Commencement Date until these Terms are cancelled in accordance with clauses 10 or 11.

4.2 We will make every reasonable effort to provide the Services to You in a timely and efficient manner. However, the provision of the Services may be delayed or suspended due to a Force Majeure Event. Please refer to clause 14 below to learn how a Force Majeure Event affects our responsibilities.

4.3 We may have to suspend or amend the Services either altogether or from specific Charging Points to deal with technical problems. Wherever possible We will publish details of any such suspension or amendments on Our Website or mobile application.

4.4 If You fail to timely pay Us, We may suspend the Services with immediate effect until You have paid Us any outstanding amounts. We will contact You if this happens.

  1. Customer Registration, accounts and Payment

5.1 During the registration process You will provide Us with certain data about Yourself. Your personal data will be held by Us subject to the terms set out in Clause 12 below as well as the requirements under the PPL.

5.2 In order to use the Charging Points You will be required to provide Us with your debit or credit card details. Please note the following:

(a) We use an encrypted secure payment mechanism, to ensure your debit/credit card details are safe;

(b) We only accept payment in Israeli Shekels (ILS);

(c) We only accept payment using a Visa, MasterCard, IsraCard, American Express, and Diners; and

(d) All credit/debit card payments are subject to authorization by Your credit/debit card issuer.

5.3 You are responsible to follow your expiration date on the credit/debit card you provided during the registration process, and to update your account with the Service whenever you change cards or when they become expired. If You do not update Your credit/debit card details, Your Account may be suspended.

5.10 You are responsible for maintaining the confidentiality of Your online username and password (“Account Access Data”) and for restricting access to Your computer to prevent unauthorized access to Your Account and/or use of Your Charging Card. You must keep Your Account Access Data secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them or Your Charging Card. You must not disclose Your Account Access Data to any other person or record Your Account Access Data in any way that may result in them becoming known to another person. You agree to accept responsibility for all activities that occur under Your Account. You should inform Us immediately if You have any reason to believe that Your Account Access Data have become jeopardized, or if the Account Access Data are being, or are likely to be, used in an unauthorized manner, or if your Charging Card is lost or stolen.

  1. Charging Cards

6.1 You may elect to obtain a Charging Card for added convenience in charging. A fee may be payable to cover the cost of this card.  This fee will be indicated at the time of purchase.

6.2 Should You decide following receipt of Your Charging Card that You do not want it, You may contact Our customer service team and arrange for the return of the card. If You notify Us of Your wish to return the card within 14 days of purchase, and provided the card is unused, undamaged, and in its original unopened packaging, We will refund You the fee for the card, on receipt of the card. Kindly note that We reserve the right to charge You a cancellation fee at the lower of 5% of the transaction values or 100 NIS. We also reserve the right to charge You for credit card clearing charges. 

6.3 Each Charging Card is unique and will be registered to an individual member, cannot be transferred without Our agreement and remains Our property. It can only be used by You or other users that You register with Us in relation to Your account. Furthermore, the card and services can only be used in respect of any vehicles registered by You in relation to Your Charging Card.

6.4 Once You have received Your Charging Card, all risk of loss and or damage to the card pass to You. If Your Charging Card is lost, stolen or damaged, You can purchase a replacement by logging into your account. Once we receive payment for a replacement Charging Card, We will send You the replacement card at Your registered address.

6.5 In the event of Your Charging Card being lost or stolen please notify Us as soon as practicable. Once notified, We can freeze Your account from that point onwards and protect Your credit balance for Your authorized use. We shall not be liable for any loss to You up until that point.

6.6 In the event of Your Charging Card being faulty, please notify Us, return the card to Our address (see clause 9) and We will arrange for a replacement card to be sent to Your registered address.

6.7 You agree, warrant and undertake that You (or any other individuals registered with Us in connection with Your Account) shall not:

(a) allow any other individual(s) to use Your Charging Card without Our prior written consent;

(b) use the Charging Card and/or Charging Point in any manner which may be harmful, cause a nuisance, disruption or disturbance, or which is in any way unlawful;

(c) tamper with or damage Your Charging Card and/or any electrical equipment that connect to or forms part of or connects to the Charging Point;

(d) act in in way that does or could damage or impact the operation of a Charging Point or another user of the Charging Point.

  1. Prices and Payment

7.1 The prices for using the Charging Points are calculated based on the price of use of each Charging Point and will take into account the amount of electricity consumed, time at the Charging Point and the type of Charging Point.

7.2 Our charging prices, as updated from time to time, are as displayed on the Charging Point when you access them, and on our mobile application, prior to the provision of the Services. These prices include VAT.

7.3 On completion of a successful charge, You will receive notification of the charging event detailing the time of the Charge, electricity consumed and cost to You of the charging event. These details will also be detailed in Your mobile application Account.

7.4 We may charge additional fees if Your connection exceeds the specified period ("Overstay Charges"). The overstay period (i.e. the time after which such charges will be applied) as well as the size of the overstay charge will be indicated at the Charging Point and on our mobile application. An Overstay Charge shall be charged if You remain connected to the Charging Point beyond the specified stay period and thereafter for subsequent stay Periods.

7.5 Customers are requested to be considerate and not occupy or block Charging Points in vain. We reserve the right to suspend the account of any user of the Service who is reported by other users to have left a vehicle unconnected or has blocked Charging Points and as reasonably evidenced accordingly.

  1. Problems with the Services

8.1 In the event that there is any defect with the Services or any Charging Point please contact Us and tell Us as soon as reasonably possible.

8.2 In certain instances We may not own the Charging Points and may not be directly responsible for their condition, upkeep or maintenance. We shall nevertheless endeavor to ensure that the Charging Point Providers fix any material defect as soon as reasonably practicable.

  1. Contacting Us

9.1 You can contact Our customer service team by email at [email protected]

9.2 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing, You can email us at [email protected] Alternatively, you can send Us pre-paid post to Scala Smart Energy, 86 Harimon Street, Nave Yamin, Israel 4492000. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us when applying for registration or such other address which You provide us in writing.

  1. Your Rights to Cancel and Applicable Refund

10.1 You may cancel this contract for the Services at any time with immediate effect by notifying Us via email at [email protected]. Your rights to cancel this contract are in line with the Consumer Protection Law and 1981 and corresponding regulations.

10.2 If You cancel the contract within 14 days from the day of the Commencement Date, we will refund the cost of the Charging Card (if applicable) under the terms of clause 6.2 to these Terms.

10.3 If You cancel the contract after 14 days from the Commencement Date, we will not refund the cost of the Charging Card.

  1. Our Rights to Cancel

11.1 We may cancel the Contract for the Services at any time by providing You with at least 30 days’ notice in writing. 

11.2 We may cancel the contract for Services at any time with immediate effect by giving You written notice if:

(a) You fail to pay Us when such payments are due, or

(b) You are in breach of Contract in any other material way.

  1. Use of Your Information

12.1 We treat Your data privacy very seriously. Personal information about You is collected through Our mobile application, through Your registration, through Your communications with Our customer support, through the use of the Charging Card or otherwise through the Service. Our Privacy Policy  sets forth what personal information We collect, how that information is used, who it is shared with and why, where it is transferred, and how You may view and amend such information. If You have any questions about Our Privacy Policy  please contact Us by email or in writing as detailed in clause 9

  1. Our Liability to You

13.1 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.2 We provide the Services "as is" and on an "as available" basis. We do not make any representation or promise  to the ability to make use  of the Services, to their availability, their being free of malfunctions or of continuous nature, operability, or usability.

 

13.3 You agree that the use of the Services and the reliance thereon is made on Your full and exclusive responsibility.

13.4 Subject to any cogent legal provision, We and any of Our shareholders, directors, officers, employees, business partners and service providers (collectively "Associated Members") will not have any liability, express or implied, in connection with the Services or the availability thereof.

13.5 Although We make every effort to ensure the availability of the Service at a high standard, we shall not be responsible for the Service operating continuously, error-free or disruption-free, or that the Service is immune to unauthorized access. 

13.6 Under no circumstances will We or any of Our Associated Members be responsible for any damage, including direct, indirect, special, ancillary, consequential damage (including loss of profits) or punitive damages, arising from or connected with the Services or the inability to supply the Services, whether based on product liability, contracts, tort or any other legal theory and even if We were advised of the possibility of such damage.

  1. Events Outside our Control

14.1 Without any prejudice to any other Contract provision limiting Our responsibility, We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by a Force Majeure Event.

14.2 A Force Majeure Event means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

For the avoidance of doubt, We are never liable to any loss or damage due to a Force Majeure Event.

14.3 If a Force Majeure Event takes place that affects the performance of Our obligations under these Terms:

Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Force Majeure Event is over.

14.4 You may cancel the contract if a Force Majeure Event takes place and You no longer wish Us to provide the Services. Please see Your cancellation rights under clause 9. We may only cancel the contract if the Force Majeure Event continues for longer than 4 weeks in accordance with Our cancellation rights in clause 10.

  1. Other Important Terms

15.1 We may transfer Our rights and obligations under these Terms to another entity, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.

15.2 You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.

15.3 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.

15.5 The laws governing the Service and our Contract are the laws of the State of Israel, exclusively. Any dispute relating to the Service or to the Contract, including the privacy policy  and to any matter concerning them or arising from them, shall be submitted solely to the competent courts in the City of Tel Aviv-Jaffa in Israel, exclusively.