1. General
(1) Infinity S.A.E. (hereinafter referred to as "Infinity") is a pioneer in the field of electromobility in the Arab Republic of Egypt that provides charging solutions for electric vehicle drivers with access to charging station locations by means of RFID cards as well as smartphone apps.
(2) These Terms and Conditions regulate the relationship between Infinity and the Customer who is connected to the Infinity service (hereinafter "the Service"). The term "Customer" refers to both legal and natural persons. The Service includes information via the Infinity application or website regarding the location of charging stations and their availability.
(3) If the Customer is a consumer, all mandatory statutory consumer protection laws and regulations applicable in the Arab Republic of Egypt will apply, as long as those laws and regulations provide the Customer with more extensive protection than the protection set out herein. These Terms and Conditions shall not apply to the extent they limit the Customer's rights as defined in such mandatory statutory consumer protection laws.
2. Rules and Regulations
The following rules and regulations apply to all visitors to or users of this website or app. By accessing this website, the user acknowledges acceptance of these terms and conditions. Infinity reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Infinity reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the website or app, both now and in the future.
3. Prices
All applicable initial prices of the charging service are valid inclusive of VAT and are indicated on the Service before the start of the charging process. Initial prices may be displayed as fees per kWh of energy, fees per time of parking of an electric vehicle at the charging station, charging session starting fees, as well as any other indicated initial fees. You acknowledge that the final price of the charging service is strictly dependent on your use, for example on time of charging and kWh value of consumed energy, and is therefore not always automatically provided before the start of the charging process.
4. The Customer's Obligations
(1) It is the Customer's responsibility to ensure that charging begins and is completed correctly and that the charging station is suitable for the vehicle to be charged. Further, the Customer shall not use charging stations that show an error message or visible defects or damages.
(2) It is the Customer's responsibility to ensure that the registered payment card is valid, has sufficient balance, and is not blocked. In the event that debiting is not possible, Infinity has the right to seek payment from the Customer by other means, such as by sending a separate invoice for the Customer's use of the Service. Failure to keep payment information up-to-date and valid at the time of attempting to purchase a charging process through the Service can result in Infinity closing the Customer's account.
(3) The Customer shall, upon registering, provide an email address and a chosen password for logging into the Infinity account. The Customer is responsible for keeping the password secure, for not writing the password down so that third parties can understand what it is used for, and for not using the password in any other way that allows others to gain access to the information.
(4) The Customer is responsible for complying with the specific parking restrictions and regulations at the charging station.
5. Our Obligations
(1) Infinity will use reasonable care and skill with respect to the provision of the Terms and Conditions.
(2) Infinity reserves the right to make any reasonable changes to the specifications or settings of the website, application, and payable service.
(3) Infinity has the right to monitor the use of the website and application service, and to verify whether such use is in compliance with these Terms.
(4) Infinity has the right to involve its affiliates or subcontractors in the performance of the services described in these Terms and Conditions, if this is necessary for good performance thereof. You agree that we can share any relevant data provided by you with such parties.
6. Operation & Use
(1) The Customer can start a charging process at the stations using the Infinity RFID card or application. The charging station will then be activated, provided it is functional.
(2) As Infinity does not use any charging station operators to ensure the operation and maintenance of the charging stations or provide accurate information in respect of the charging stations, Infinity cannot guarantee the functionality or availability of the charging stations or the accuracy of such information. Infinity will, however, act with due care in compiling and showing the relevant information to users of the Service through the Infinity application and website.
(3) The payment function of the Infinity website and application operates only within the Infinity network. Charging stations outside of the network require a separate contract between the user and the corresponding operator or service provider of the charging station.
(4) The electric vehicle that is charged at a charging station and the tools to be provided by the Customer, including any power converters, adapters, or cables, shall be fit for their purpose, compatible for the connection with the charging station, and satisfy all applicable legal provisions at the relevant times. Infinity is not liable in cases where the defect or damage is caused by a defect in the electric vehicle or the used tools.
7. Payment
(1) The billing of activated charging processes is immediately due for payment once the charging session is done.
(2) Payment shall take place by direct debit or charge to a credit card.
(3) Infinity sends invoices to customers only electronically through the app, provided no other provision is agreed in writing.
(4) The Customer can obtain information regarding past billing and standing balance from the current month by logging into their account.
(5) If the Customer wishes to submit a complaint, the Customer shall notify Infinity within 60 days of the date on which the purchase transaction in question became available on their account. The complaint shall clearly indicate the type of error. If this is not done correctly, the Customer will lose the right for error investigation and correction, apart from exceptions due to mandatory legislation. Complaints regarding incorrect charging costs are processed and determined by Infinity. If a complaint is accepted, Infinity shall compensate the Customer for the amount without delay. If a complaint is rejected, Infinity shall inform the Customer of the result of the investigation and justify Infinity's position.
8. Customer's Liability for Unauthorized Use of the Service
(1) The Customer is responsible for any unauthorized use of the Service through their Infinity account or through the Infinity application. The Customer is obligated to immediately notify Infinity if they believe that their account has been used by an unauthorized person or in an unauthorized manner.
(2) In the event of the loss of the Customer's mobile phone having the Infinity application on it, the Customer shall immediately notify Infinity by email at info@infinityevcharge.com. If the Customer does not give notification of the loss or theft of the mobile phone, they shall be responsible for any reported purchase transactions in full.
(3) Infinity will block the Customer's account following receipt of notification of its loss or theft and such blocked account cannot be reactivated. The Customer will, however, be able to place a request for a new account with Infinity according to the then applicable terms and conditions.
9. Liability
(1) Without prejudice to Force Majeure, Infinity is only liable for a breach of its obligations under these Terms and Conditions if the Customer notifies Infinity through a notice of default via email, containing a complete and detailed description of the breach and with observance of a reasonable period for remedy of at least twenty Business Days, and Infinity fails to take remedial measures within that reasonable period.
(2) Any liability that Infinity may incur derives from a reasonable effort obligation. Except in case of Infinity's fraud or fraudulent intent, Infinity's liability for a breach of its obligations under the Agreement is limited to compensation of proven direct damages in accordance with the following principles, which apply cumulatively:
(a) The cumulative total aggregate liability of Infinity is limited to the net invoice amount of Services for the year in which the cause of action arises;
(b) Infinity is not liable for any indirect or consequential damage, including loss of profit, business, goodwill, income, revenue, anticipated savings, opportunity, customers, data, or reputation; and
(c) Infinity is not liable for any damages or costs of the Customer or third parties as a result of a violation by the Customer of its obligations under these Terms and Conditions or as a result of an act or omission by the Customer or a third party.
10. Force Majeure
(1) If the performance of these Terms and Conditions by either party is prevented, restricted, or interfered with by reason of a Force Majeure event, which includes without limitation epidemics, pandemics, quarantine orders by any relevant authority, acts of God or public enemies, public acts, utility or communication delays or failures not caused by such party's negligence or fault, accidents not caused by such party's negligence or fault, labor disputes, or war, the affected party shall not be liable for the resulting delay or failure.
(2) Infinity may suspend or terminate access to any of the Services by giving the Customer prior written reasonable notice to the extent possible. In such case, and in the event there are still outstanding charges, charges for Services delivered until the termination date will be due on a pro rata basis.
11. Term & Termination
(1) The term is until further notice and can be terminated with a period of notice to the end of the month. Termination by the Customer can be carried out in writing either at the postal or email address set forth in these Terms and does not require a statement of reasons.
(2) An extraordinary right of termination exists if there is an important reason. In particular, Infinity has the right to give notice to terminate these Terms and Conditions or to refuse provision of a charging process if the Customer, after having received a reminder, has not remedied the situation within a reasonable period in cases including delayed payment of more than 14 days, insolvency proceedings, use of the Service contrary to these Terms, or cause to suspect misuse of the Service.
(3) The termination of these Terms and Conditions does not affect the existing legal consequences with respect to the charging processes that have taken place.
12. Contractual Amendments
Infinity will inform the Customer in writing of contractual amendments at least 45 days before their planned coming into effect. Both parties are aware that the electric vehicle charging sector is rapidly developing. Amendments may be made, without limitation, in order to adapt the operation of the Service or these Terms and Conditions to new or modified technologies, devices, standards, legislation, policies, or to appropriate technical, information security, administrative, business, operations, or other relevant procedures. If the Customer does not agree to the changes in the Terms and Conditions, the Customer has the right to terminate the contract.
13. Cancellation Instruction
(1) The Customer can cancel the contractual agreement in text form, such as letter, fax, or email, within 14 days without indicating reasons. The period begins after receipt of this instruction in text form but not before conclusion of the contract. Timely dispatch of the cancellation is sufficient in order to observe the cancellation period. The cancellation should be sent to Infinity S.A.E., 57 Kornish El Nile, Maadi, Cairo, Egypt. Telephone: +202 25 25 8960, +202 25 25 8961, +202 25 25 8962. Fax: +202 25 28 2268. Email: info@infinityevcharge.com.
14. Data Protection
(1) Infinity or commissioned service providers collect, process, and use data pertaining to the Customer for the implementation of the contractual relationship pursuant to the provisions of the Personal Data Protection Law (2020/151).
(2) Identification numbers are sent to the partner charging station operator in order to activate the charging stations.
(3) More information on Infinity's processing of personal data can be found in Infinity's Privacy Policy.
(4) Infinity may use non-personal data collected in the provision of the Service in order to improve the Service and its other products and services, and to share statistical information with its cooperation partners.
15. Cookies
(1) A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of Infinity's website use cookies to track user traffic patterns. We do this in order to determine the usefulness of information to our users and to see how effective our navigational structure is in helping users reach that information. Infinity does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.
(2) If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of the website.
16. Governing Law & Jurisdiction
The contractual relationship is governed by the provisions of Egyptian law, in particular the Consumer Protection Law, and the exclusive place of jurisdiction for all disputes is the North Cairo court of any kind.
17. Severability Clause
If any contractual provision is or becomes illegal, invalid, or unenforceable in any respect, it shall not affect or impair the legality, validity, or enforceability of any other provision of the Agreement. If such provision would be legal, valid, or enforceable to the extent some part of it were deleted, such provision shall apply with the minimum modifications necessary to make it legal, valid, or enforceable.