Published date: 13.03.2025

INTRODUCTION

• The website www.kharga.ro, www.kharga.eu, www.pluginn,ro, www.pluginn.eu, hereinafter referred to as the “Website” or the”Platform” and the Kharga Mobility mobile application are managed and owned by KHARGA MOBILITY SRL with registered office at Str. Banul Antonache nr. 40-44, cam. 2 et. 4, sector 1, Bucharest, registered with the Trade Register under no. J40/11475/2023, CUI 48368067 (“Company” or “Seller”).
• Kharga Mobility is the trade name under which the computer program and the mobile application for the management of electric car recharging stations, marketed under this name, by which the owners of electric car charging stations can manage their use and by which the users of electric cars can manage the process of charging them, developed and created by the Company and over which the Company owns all the patrimonial and non-patrimonial rights.
• This document contains the terms and conditions for the use of the Website and Kharga Mobility, as well as the terms and conditions applicable to the contract between the end user and the Company (“Terms and Conditions”)
• Acceptance of the Terms and Conditions is required for browsing the Website, for the use of the Kharga Mobility mobile application, as well as for placing an order by the user and for the valid conclusion of the distance contract.
• Acceptance of the Terms and Conditions can be made expressly / explicitly, by checking the appropriate box provided to the User on the Site, in the Application or implicitly, (i) either by using the Site, respectively the Application, including accessing or browsing any of its pages, (ii) or by actually paying the price.
•  Acceptance of the Terms and Conditions is confirmation that you have read and agree to the terms and conditions set forth in this document. Failure to accept the provisions of the Terms and Conditions entails the user’s obligation to cease accessing the Site, respectively the application and the impossibility to purchase products and services available on it.
• The Terms and Conditions have the character of a contract of adhesion, its terms being unilaterally determined by the Seller. The Seller reserves the right to change and update, at any time, the content of the Website, the Application as well as the Terms and Conditions, without any prior notice. In case of any discrepancy or disagreement between the Company and the User, the Terms and Conditiona valid at the time of placing the order by the User shall apply.

DEFINITIONS

USING KHARGA MOBILITY. COMMERCIAL COMMUNICATIONS. COMPLAINTS

The Company provides the User with the following general functionalities through the Program:

• Account creation and management;
• purchase Services available in Kharga Mobility;
• the conclusion of Distance Contracts, under the conditions governed by these Terms and Conditions;
• view Content displayed within Kharga Mobility;
• the transmission of Commercial Communications, based on the User’s prior consent.

Register a User Account:

• To create an account in Kharga Mobility, the User is obliged to use a valid e-mail address and to follow the steps described in the Account creation page available in the Application or in the Platform.
• The User is obliged to keep the Password in complete confidentiality, not to disclose it to third parties and understands that if he/she entrusts the Account Password to anyone, that person may have access to his/her personal data and the Company will be exonerated from any liability arising from unauthorized use of the Account. The Seller offers the User the possibility to change his/her Password at any time.
• The Seller may refuse the application for registration of an Account in cases where the IT Department or the Technical Department of the Company finds that incorrect information has been used in the Account creation process.
• The User has the possibility at any time to request deletion of the Account by sending a request to the address specified in the Application or Platform in the Contact section

• When creating the account, the Platform allows you to enter the details of a bank account that will be associated with the Account and that will be used for making Transactions
• By ticking the acceptance of these Terms and Conditions and entering the bank card data in the User Account, the User expressly declares and undertakes that:
  • agrees to use the card payment method and to access the bank account associated with the card in accordance with the provisions of this Article;
  • is the rightful holder of the card and that the use of the card for charging does not violate in any way the legal provisions regarding payment by bank cards;
  • is over 18 years of age and has the necessary capacity to assume the obligations arising from the use of a bank card as a legal means of payment;
  • the card is not stolen, copied or that its use does not violate any legal provision in criminal matters relating to payment by card.
• Users guarantee that all the information they enter in the application form is correct and complete and that it will be updated whenever changes occur.
• It is forbidden to place an Order or create an Account using another person’s name or a false name, as well as to provide incorrect, inaccurate or fictitious information. 
• The account will be automatically deleted if the User has not accessed it for more than 3 consecutive months.
• Depending on the specifics of each Product or Service, it is possible that in certain situations placing an Order and receiving Products / Services may require additional age-related requirements.

Commercial Communications

• The User may at any time change their consent to the Seller’s agreement to the Commercial Communications by changing their Account settings in the “Account Settings” section by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller or by telephone or by letter using any of the contact details in the “Contact” section.
• The messages received by the User from the Seller, by SMS or electronic mail, regarding the status of the relationship between the Seller and the User (i.e. account creation confirmation, order placement confirmation, notification of delivery of Services, communication of security incidents, etc.) are not considered Commercial Communications, within the meaning of the Incident Legislation.

Complaints regarding the use of Kharga Mobility or its functionalities can be submitted in writing by post or e-mail using any of the contact details in the “Contact” section. Please indicate in the content of the complaint: description of the irregularity and the date when it occurred, what you are complaining about, your contact details where you can be contacted for an efficient resolution of the complaint.

PROCESSING OF PERSONAL DATA

The Company collects and processes personal data on the Kharga Mobility Platform in accordance with the Platform Personal Data Processing Policy , available here: https://www.kharga.eu/gdpr.

ACCESSING SERVICES

• The Electric Vehicle User may use the Services by using a Kharga Card pre-loaded with Credit Units, which can be purchased from Partners or the Seller, as the case may be, and which can be used to cover the cost of charging sessions at Partner Charging Locations.
• Electric Vehicle Users can access Partner Locations available in the App as instructed in the Terms and Conditions. The price of a charging unit is defined by the Partner and may differ depending on: market conditions, location, time and services offered.  
• When the functionality will be available, payment for charging sessions will be made by using a number of Credit Units corresponding to the value of the Services as they are available on the 

USING THE KHARGA CARD

• In case the Kharga Card is lost/ stolen/ cloned/ damaged, the User shall notify the Seller as soon as he/she becomes aware of it, without undue delay to the e-mail address:kharga_contact@kharga.eu
•  The vendor may issue a new Kharga Card for a fee. Until the Kharga Card is replaced, the Electric Vehicle User will not be able to benefit from the Kharga Card charging Service. The entire responsibility for the use of the Kharga Card rests solely with the User.
• The Seller shall not be held liable for any damages that the User may suffer as a result of loss, theft, damage or misuse.

The Company cannot be held liable for information entered erroneously by the User, which may result in delays or inability to access the Services. In this case, the Company cannot be held liable for any possible damage suffered by the User as a result of the delay in providing the Services.

PROMOTIONAL CAMPAIGNS. PROMOTIONAL CODES

• Through the Platform or the App, the Company may offer Users various discounts, gifts or vouchers, the use of which is subject to certain rules, communicated by the Seller in the form of regulations, published on the Platform and/or the App. 
• Promotional codes offered by Kharga Mobility in any Promotional Campaigns are valid exclusively for the section mentioned in the e-mail sending the code or in the Promotional Campaign rules, unless otherwise specified. Promo Codes can only be used at the time the Order is placed and cannot be used to reduce the value of the Order after it has been placed. 
• Promotions are not cumulative. This applies to any form of discount (loyalty cards, promotional codes, gift vouchers, percentage discounts, etc.) as a rule, unless otherwise stated in the Promotional Campaign. Certain Promotional Campaigns do not cumulate with other discounts, promotions or loyalty actions, this is specified in the rules of the respective campaign.
• The Company, as the organizer, reserves the right to interrupt or withdraw the Promotional Campaign at any time during its course, with prior notice to the Consumers through appropriate means of communication.

 OBLIGATIONS 

• On the use of Stations and Charging Locations
• The User shall be liable for any damage caused to a Location, Charging Stations or the space in which they are located, as well as for any damage, including physical damage caused as a result of failure to comply with these Conditions or any other applicable instructions or rules, negligence in the use of the Charging Stations or the Electric Vehicle. 
• The User is obliged to notify us immediately of any such damage or emergency or dangerous situation using the following contact details: e-mail: kharga_contact@kharga.eu
• The User understands that there are Charging Stations which are not equipped with a charging cable, in which case the User undertakes to use his own charging cable in compliance with the instructions for use;
• It is the User’s obligation to pay for the Charging Services and to ensure that prior to the start of a charging session the balance of the Customer Account and/or the account attached to the bank card is covered for the entire charging session, as this can be calculated using the battery capacity, the charging percentage and the Credit Unit value;
• The User undertakes not to use the Charging Station for any other purpose than for charging the Electric Vehicle;
• The User undertakes not to allow a third party to use the Services on his behalf or to use the Account or user profile, otherwise he assumes full responsibility for any damage caused to the Seller or third parties.

The User’s obligations regarding the use and access to the functionalities made available by the Seller on the Platform and in the Application

• to provide accurate data when placing an Order or in the registration forms when creating the Account;
• to update the data they provided to the Seller at the time of placing the Order and concluding the Distance Contract, using all available options in the Application;
• use the features in a way that does not interfere with the operation of the Platform or the App;
• to use the services and functionalities made available by the Seller in accordance with the legislation in force and with these Terms and Conditions
• to pay the Price on time;
• not to carry out computer activities or any other activities that are aimed at obtaining information not intended for him/her, including data of other Users or that interfere with the principles or technical aspects of the functioning of Kharga Mobility;
• To take all security measures to carry out Transactions. Disclosure of the password to access the Account is not permitted and it is recommended to use a strong security password (e.g. containing at least eight characters, including uppercase letters, lowercase letters, digits and special characters).

The User agrees not to engage in any of the following prohibited activities:

• avoiding, disabling, disabling, altering or degrading any means of protecting the content of the Site;
• downloading, storing, capturing, reproducing, copying, archiving, distributing, transmitting, uploading, uploading, publishing, modifying, creating derivative works from, or translating the content of the Site or any portion thereof, other than as expressly permitted by the Company; 
• attempting to gain unauthorized access to the Site, the server on which the Site is stored or any other server, computer or database connected to the Site; 
• attacking the Website through a DoS (“denial of service”) or DDoS (“distributed denial of service”) attack;
• introduction of viruses, Trojan horses or any other technologically harmful material; 
• sending or posting any unsolicited advertising, marketing, unsolicited promotional material on or through the Site. 
• Use the Site for commercial purposes other than those expressly permitted by the Terms and Conditions;
• Collecting personal data from the Site using them for any other purposes.
• It is forbidden to post messages or display attitudes that could cause damage or jeopardize the image of a person or organization, pornographic, offensive, vulgar, vulgar language, inciting to violence, spam or containing viruses, etc., material that promotes discrimination on any ground or that is published in breach of obligations to third parties (such as, for example, an obligation of confidentiality), material that promotes illegal activities, threatens, abuses or invades another person’s privacy or causes annoyance anxiety or cause inconvenience to another person, which are likely to harass, upset, alarm any other person, which may be used to impersonate another person or which misrepresent another person’s identity or affiliation to third parties, material which gives the false impression that it emanates from the Company

INTELLECTUAL PROPERTY

• The exclusive rights to the Content made available/displayed via the Platform or the App by the Seller or its partners, in particular the copyrights, the content of the Website, App and Services, the Kharga Mobility name and logo (trademark), its graphics, software and database rights are subject to legal protection and are the property of the Seller or its suppliers/contractual partners. The User has the right to use the above Content free of charge, but only for personal use and exclusively for the proper use of Kharga Mobility.
• In particular, the User has no right to translate, adapt, modify, alter, or make any changes whatsoever to the Services or the Content, nor to use them for its own profit.
• The Company may offer the User, at his/her express request, by means of an agreement, the right to use, in a described form, certain content of the Platorma. This agreement applies strictly for the defined Content(s), for a period of time set out in the agreement and only to the person(s) who have been permitted to use such Content(s).
• The use in Kharga Mobility of any trademarked name does not constitute advertising for that company. The Company assumes no responsibility and cannot be held liable for any damages arising from the use of the Site Content.
• Intellectual property rights to the Services, including the organization of the information and the page, the sections and the manner of presentation, the methodology used and all materials to which the User has access through the Website and/or the Application belong to the Company or, where expressly indicated, to its partners. The content of the Website and the Application, as well as the content of the Services, regardless of the means of access, may be used exclusively by the User for personal, non-commercial purposes, without the purpose of obtaining any gain of any kind from such use. Any use for other purposes or by persons other than the User may only be made with the prior express written consent of the Company.
• The user is prohibited:
  • To copy, reproduce, reproduce, take, take, transmit, transmit, publish any part or fragment of any of the materials (course materials, printed materials, flyers, information, in any medium whatsoever) related to the Services and/or to support or collaborate with third parties to reproduce any part or fragment of such materials for any purpose other than those expressly permitted in these Terms and Conditions;
  • to commercialize, use or capitalize otherwise than within the limits set by this Contract any of the materials (course materials, printed matter, flyers, information, on any type of medium) related to the Services, regardless of the manner in which it came into possession of them
  • download or modify or reproduce the Site in whole or in part without the written consent of the Company. 
• Requests to use the Site Content or the Services for any purpose may be sent to the email address:kharga_contact@kharga.eu or by any of the methods indicated in the Contact section.

LIMITATION OF LIABILITY

• The Company shall not be liable for any errors in the display of prices or features of the Services. The Website, Application, content, features, functions, Services and information contained therein are provided on an “as available” basis. 
• The Seller makes no warranty that the Services will meet the User’s desires or that the results obtained from the use of the Services will be correct or meet the User’s desires. The Seller will use reasonable efforts to ensure that the Services are uninterrupted, provided on a timely basis, and that errors are corrected as soon as possible.
• The Company does not warrant that the www.kharga.ro Website, the servers on which it is hosted or the e-mails sent by Kharga.ro are free of viruses or other potentially harmful computer components, that it is free of errors, omissions, defects, delays or interruptions in operation or transmission, line failures or any other similar factors with disruptive effect, including interruptions in the provision of domain hosting, web hosting, database, e-mail services, internet access services. The User uses the www.kharga.ro platform at his/her own risk, the Company being exonerated from any liability for any direct or indirect damage caused by the use or access/visitation of Kharga.ro or as a result of the use of the information on the www.kharga.ro platform. The Company shall not be liable for any errors or omissions that may occur in the editing or presentation of the materials on the website. In such cases, the User shall notify the Company by telephone, and the Company will try to remedy the deficiencies within a reasonable time.
• Any links to other sites are provided solely for the purpose of increased accessibility of information, and Kharga.ro assumes no responsibility or liability for the content of these sites, the Services or services promoted or marketed through these sites.
• The Company shall not be liable for damages caused as a result of: (i) Kharga Mobility not functioning, as well as (ii) those resulting from the impossibility to access certain links published on Kharga Mobility, (iii) virus attacks, cyber attacks of the DoS type (“denial of service”, in English: “denial of service”) or attacks with and by other computer-damaging tools, which may damage your computer equipment, computer programs, data or any other material in connection with or resulting from your use of the Website or downloading content from the Website or originating from a link to which the Website refers;
• The Company shall not be liable for (i) any direct or indirect damage which the User has suffered or may suffer, which damage could not have been foreseen by the Seller at the time of use of the Services; (ii) any direct or indirect damage/loss that the User may suffer as a result of failure to comply with these Terms and Conditions or any other instructions or rules provided at the Station/Charging Point/Charging Location or communicated by the Seller; (iii) commercial losses, including loss of revenue, profit or savings that the User has suffered or may suffer as a result of using the Services; 
• In each case concerning the determination of the liability of the Seller, its employees, its authorized representatives and/or its agents, the liability towards the User, irrespective of its legal basis, shall be limited to the amount of the Distance Contract Price.
• The Seller is not responsible for online, bank or cash payment transactions carried out by third parties, who are responsible for the accuracy and security of the Transactions carried out.   

FORCE MAJEURE

• None of the parties to the Distance Contract shall be liable for failure to perform on time – in whole or in part – any of its obligations under the Distance Contract, if the failure to perform that obligation was caused by force majeure. For the purposes of this Article, force majeure means an event beyond the control of the parties, unforeseeable and insurmountable, not due to their intention or fault, occurring after the entry into force of the Distance Contract and preventing the contracting parties from performing, in whole or in part, their obligations. Such events shall include armed conflicts, civil commotions, fires, floods or any other natural calamities or restrictions arising as a result of a quarantine or embargo, the enumeration being not limitative but illustrative. Labor disputes do not constitute force majeure. An event similar to the above which, without creating an impossibility of performance, renders the performance of the obligations of either party extremely costly is not force majeure.
• The party claiming force majeure is obliged to notify the other party within 5 calendar days from the date of the occurrence of the event and to provide within this period the necessary evidence thereof. The Party which has invoked force majeure shall also be obliged to inform the other Party of the cessation of the force majeure event. In the event of failure to notify, the party claiming force majeure shall be liable for all damages arising from the failure to notify the occurrence/termination of the force majeure event.
• If, within 15 (fifteen) days from the date of its occurrence, the said force majeure event does not cease, each party to the Distance Contract shall be entitled to notify the other party of the termination of the Distance Contract, without either party being entitled to claim damages from the other .

APPLICABLE LAW. DISPUTE RESOLUTION

• These Terms and Conditions shall be governed by and construed in accordance with Romanian law.
• The parties to the Distance Contract shall use their best efforts to settle amicably any dispute arising out of the conclusion and performance of the Distance Contract. The User will receive the Seller’s point of view/answer within 30 days from the date of receipt of the written request sent by post or email to any of the contact details in the Contact section
• If an amicable settlement is not possible, the dispute will be referred to the competent courts in Romania, without this restricting the right of the consumer User to resort to alternative dispute resolution by accessing the portals http://ec.europa.eu/consumers/odr/ and/or www.anpc.ro.

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