Terms of use

1. General provisions

1.1. These Terms of Use (hereinafter – the Terms) are a legal agreement between UAB „CRT Partner“, company code 302760841, VAT payer code LT100006825214, registered address Žalgirio g. 92-106, LT-09303 Vilnius (hereinafter – the Company), as the operator of the Drivitty system, and You, as a Drivitty user (hereinafter – the User). The Company and the User are together referred to as the Parties.

1.2. These Terms establish the procedure and the conditions under which the Company sells and the User purchases fuel, automotive products, car wash services and other services and goods (hereinafter referred to as the Goods), by confirming purchases through the Drivitty mobile application, at the Points of Sale indicated in the Drivitty mobile application. These Terms are at the same time also the terms of purchase and sale of the Goods.

1.3. Drivitty – a set of solutions comprising the Drivitty mobile application, the website and related technical solutions (hereinafter – Drivitty or the System), which the Company operates, administers and develops.

1.4. Drivitty is intended for the needs of legal persons (hereinafter – Business Clients) which use vehicles for their commercial activities.

1.5. By ticking the relevant consent box during registration, the User confirms that the User is acting on behalf of the Business Client, is authorised to act under these Terms and agrees to them.

1.6. These Terms, the Privacy Policy, the Cookie Policy and the Loyalty Programme Rules are permanently available on the Drivitty platform and on the Company’s website drivitty.com. The User is given the opportunity to review these Terms before confirming them, to save them and to print them.

2. Definitions

2.1. Drivitty account – an account created for the User on the Drivitty platform, through which the Services are used.

2.2. Drivitty mobile application (hereinafter – the APP) – a technical non-documentary means of identification which allows purchases of the Goods to be initiated and recorded.

2.3. Point of Sale – a point of sale of fuel, electricity, other goods or services which is operated by a supplier with which the Company has concluded a cooperation agreement and which is included in the Drivitty network.

2.4. Services – the services provided through Drivitty which allow the User to make purchases of the Goods at the Points of Sale.

2.5. Balance – the remainder of funds recorded in the User’s Drivitty account, which the User tops up in advance and which is used only for payments on the Drivitty platform.

2.6. Payment Service Provider – „Klix" (AS „Citadele banka" Lietuvos filialas, company code 304940934), through which payments on the Drivitty platform are made.

2.7. Administrator – a User appointed by the Business Client who has the right to manage the other Users of the same Business Client in the Drivitty account, to set and change the Limits applied to them, and to top up the Balance.

2.8. Limit – the maximum purchase amount set by the Administrator for a specific User, which that User may spend during the period selected by the Administrator (monthly Limit) or in a single purchase. Limits are set and changed only by the Administrator.

3. Registration and the Drivitty account

3.1. In order to use Drivitty, the User must create a Drivitty account.

3.2. During registration, the User must provide accurate and correct data: the name of the legal person, the company code, the VAT payer code (if any), the address, and the representative’s first name, surname, telephone number and e-mail address. If the data change, the User must update them without delay.

3.3. The User undertakes to keep the login details (user name, password, authentication codes) secret. All actions performed through the Drivitty account are deemed to have been performed by the User. The User shall notify the Company without delay of any lost or disclosed login details.

3.4. The Company has the right to refuse registration, to suspend or to cancel the User’s Drivitty account if the data provided by the User are inaccurate or misleading, do not comply with the legal acts of the Republic of Lithuania, or if unfair use of the System is reasonably suspected.

4. Services provided by Drivitty

4.1. The Drivitty platform provides information about the Points of Sale which make up the Drivitty network and allows purchases of the Goods offered at the Points of Sale to be initiated and confirmed. When using the services of a specific Point of Sale, the User undertakes to comply with its internal rules of procedure.

4.2. The Goods are provided (handed over) to the User at the time of purchase at the Point of Sale where the User initiates and confirms the purchase. The Goods are sold to the User by the Company, but they are physically handed over by the supplier operating the Point of Sale. The Goods are not delivered to the User separately, therefore no delivery procedure applies and no delivery charges are levied.

4.3. Execution of a purchase:

4.3.1. In the APP map, the User selects a Point of Sale from the Drivitty network and initiates the purchase.

4.3.2. The User confirms that, at the selected Point of Sale, the fuel dispensing equipment is in a condition fit for use (the nozzle is seated in its holder). Without this confirmation the purchase is not started.

4.3.3. The User selects a payment method in accordance with the procedure laid down in clause 5.2 of these Terms. When paying by a payment method other than the Balance, the User additionally selects the amount which the User wishes to reserve for the purchase and ticks the check box referred to in clause 5.3 of these Terms.

4.3.4. The User selects the Goods (the type of fuel) and the fuel dispenser at which the User is standing.

4.3.5. The User reviews the purchase information and confirms the payment.

4.3.6. Once the payment has been confirmed, the amount referred to in clause 4.3.3 is reserved. The Point of Sale confirms the purchase and allows the Goods to be dispensed without exceeding the reserved amount. The reserved amount is not the final price of the purchase.

4.3.7. Once the User has finished dispensing and has returned the nozzle to its holder, the final purchase amount is determined on the basis of the quantity of Goods actually dispensed and the price applied at the Point of Sale. Only the final purchase amount is debited, and the difference between the reserved amount and the final amount is released in accordance with the procedure laid down in clause 5.2.

4.3.8. A purchase confirmation containing the purchase information is provided to the User in the APP in accordance with the procedure laid down in clause 5.4 of these Terms.

4.3.9. If the Point of Sale does not confirm the purchase or the Goods are not dispensed, the reserved amount is released in accordance with the procedure laid down in clause 5.2 and the purchase is deemed not to have taken place. Clause 5.5.2 of these Terms applies to amounts debited in error.

4.4. The Company provides technical and advisory support only in relation to the operation of the Drivitty platform. The Company may be contacted by e-mail at [email protected].

4.5. The Company has the right at any time to modify, restrict or discontinue any part of the Services for technical, security, legal or business reasons.

5. Execution of purchases, payments and the Drivitty balance

5.1. Payments on the Drivitty platform are made through the Payment Service Provider engaged by the Company, „Klix" (AS „Citadele banka" Lietuvos filialas, company code 304940934), which operates in accordance with the legal acts of the European Union and of the Republic of Lithuania, including Directive (EU) 2015/2366 (PSD2).

5.2. The User may pay for purchases by payment card (Visa, Mastercard), Apple Pay, Google Pay, from the Drivitty balance or by other methods offered on the Drivitty platform. Strong customer authentication (SCA) procedures may be applied when making a payment.

5.2.1. Payment by a payment method. When paying by payment card, Apple Pay, Google Pay or another method offered by the Payment Service Provider, the User selects the amount which the User wishes to reserve as the limit for that purchase. That amount is reserved on the User’s payment instrument and the Goods are dispensed without exceeding it. Once the final purchase amount has been determined, only that amount is debited, and the remaining part of the reserved amount is released on the User’s payment instrument. The time within which the release takes effect depends on the institution which issued the User’s payment instrument and is outside the Company’s control.

5.2.2. Payment from the Balance. When paying from the Balance, the highest amount available to the User is reserved: the Limit set for the User by the Administrator, or the unused remainder of the monthly Limit. The reserved amount is blocked in the Balance and is not available for other purchases until the final purchase amount has been determined. Once the final purchase amount has been determined, only that amount is debited from the Balance and the remaining blocked amount is released.

5.2.3. Topping up the Balance. The Administrator may top up the Balance by selecting the top-up amount and the payment method (clause 5.2.1) and by ticking the check box referred to in clause 5.3 of these Terms. Topping up the Balance is not a reservation: the selected top-up amount is paid to the Company and credited to the Balance immediately. Funds credited to the Balance are used only for purchases on the Drivitty platform in accordance with the procedure laid down in clause 5.7 of these Terms.

5.3. When making a payment by a payment instrument stored in the Drivitty APP or by another method offered by the Payment Service Provider, whether paying for a purchase or topping up the Balance, the User ticks the relevant consent box (check box), by which the User confirms that the User has read these Terms and agrees to them. If this box is not ticked, the payment is not made. When paying from the Balance the check box is not displayed, because these Terms were agreed to when the Balance was topped up and during registration in accordance with the procedure laid down in clause 1.5 of these Terms.

5.4. Once a purchase has been successfully confirmed, a purchase confirmation is provided to the User without delay on the Drivitty platform. The confirmation states the date and time of the purchase, the Point of Sale, the Goods acquired, their quantity, price and the total amount. The confirmation is available in the User’s Drivitty account. A VAT invoice is provided to the User in accordance with the procedure laid down in Section 6 of these Terms.

5.5. Cancellation of a transaction and refund of money:

5.5.1. At the time of purchase the Goods are provided immediately at the Point of Sale, therefore a confirmed and completed purchase cannot be cancelled and the Goods provided cannot be returned. The User acquires the Goods as a Business Client for the purposes of its commercial activities and is not a consumer, therefore the rights of withdrawal from the contract do not apply.

5.5.2. If, due to a technical or system error, the User has been charged for a purchase which did not take place or was not properly completed (for example, funds were debited but the Goods were not provided), the User shall contact the Company by e-mail at [email protected]. The Company shall examine the request and shall refund the justified amount no later than within 14 (fourteen) calendar days from receipt of the request.

5.5.3. Money is refunded by transfer to the bank account indicated in the User’s request for a refund.

5.5.4. The User has the right at any time to submit a request for a refund of the unused remainder of the Balance. The refund is made no later than within 14 (fourteen) calendar days from receipt of the request from the User.

5.6. The Company does not charge the User any additional service, registration, transaction or other direct fee for the use of Drivitty. The User pays only for the Goods acquired at the Points of Sale, the prices of which are set by the Company. Third parties (e.g. the User’s bank) may apply their own charges for payment transactions.

5.7. The remainder of funds held in the Drivitty balance is intended exclusively for payments on the Drivitty platform and is not regarded as electronic money within the meaning of the Lietuvos Respublikos elektroninių pinigų ir elektroninių pinigų įstaigų įstatymas (Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania). The Balance may not be transferred to third parties, cashed out or converted into other currencies, does not confer a right to receive interest and is not regarded as a deposit.

5.8. In justified cases (suspected fraud, money laundering, breach of these Terms, a legal requirement) the Company has the right to prohibit the use of the Drivitty balance.

6. VAT invoices (invoices) and accounting

6.1. The Company issues to the User a VAT invoice for all purchases made during the period. The period may not cover more than one calendar month. The consolidated VAT invoice states the date of each purchase made during the period, the Point of Sale, the Goods, their quantity, price and amount.

6.2. Only electronic VAT invoices are issued to the User, which are available through the Drivitty platform and/or sent to the User’s e-mail address. By confirming these Terms, the User gives prior consent for VAT invoices to be issued and provided to the User only in electronic form.

6.3. For the proper issuance of the VAT invoice, the User is responsible for providing accurately the name of the legal person, the company code, the VAT payer code (if any) and the address.

7. Loyalty Programme

7.1. The Company organises a corporate Loyalty Programme intended for Business Clients, the detailed conditions of which – the calculation of points, their use, validity periods, prizes, suspension and termination – are laid down in separate Loyalty Programme Rules published on the Drivitty platform, which form an integral part of these Terms.

7.2. Until the Loyalty Programme Rules have been published, no obligations related to the Loyalty Programme arise for the Company. The Company reserves the right to amend, suspend or terminate the Loyalty Programme, having informed the Users thereof no later than 14 calendar days in advance.

8. Intellectual property

8.1. All rights to Drivitty (copyright, trade marks, design, software code, databases, graphics, technological solutions, trade secrets, etc.) belong to the Company, or the Company has been granted the rights to use Drivitty.

8.2. The Company grants the User a limited, revocable, non-exclusive and non-transferable right to use those functions of Drivitty which are provided for in these Terms. The trade mark „Drivitty", the logo and other commercial identifiers may not be used without the prior written consent of the Company.

9. Obligations of the User

9.1. The User undertakes to use Drivitty only for the purposes for which the System is intended, and to comply with these Terms, the Loyalty Programme Rules, the Privacy Policy, the legal acts of the Republic of Lithuania and the internal rules of the specific Point of Sale.

9.2. The User is prohibited from:

(a) providing data which do not correspond to reality;

(b) copying, modifying, decompiling, disassembling or otherwise altering Drivitty;

(c) interfering with the operation of Drivitty, infecting the System with viruses or other malicious software;

(d) infringing the rights to privacy of other Users, collecting data about them without consent;

(e) using Drivitty for unlawful purposes or for commercial activities which do not correspond to the functions of the System.

9.3. A breach of these obligations constitutes grounds for suspending or terminating the Drivitty account and for claiming compensation for the damage incurred by the Company.

10. Protection of personal data

10.1. The Company processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Lietuvos Respublikos asmens duomenų teisinės apsaugos įstatymas (Law on Legal Protection of Personal Data of the Republic of Lithuania). The purposes of processing, the legal bases, the retention periods, the rights of the data subject and other information are set out in the Company’s Privacy Policy, available on the Drivitty platform and on the Company’s website, which forms an integral part of these Terms.

11. Liability

11.1. The Company is not liable for:

(a) the User’s losses arising from a restriction on the use of Drivitty;

(b) the User’s losses arising from the use by third parties of the User’s Drivitty mobile application, where the Drivitty mobile application was logged into by entering the login details (user name, password, authentication codes);

(c) the actions of third parties (including the Payment Service Provider) which the Company has entrusted with performing Drivitty functions;

(d) damage arising from the User’s actions, from a breach of these Terms or from a failure to observe security requirements.

11.2. The User agrees that, from the moment when the Drivitty account was created, the User is responsible for all purchases which have been made by entering the login details.

11.3. The exclusions and limitations of liability laid down in this Section do not apply where the losses (damage) were caused by the Company’s intent or gross negligence.

12. Validity and termination

12.1. The Terms enter into force from the moment of the User’s registration and are valid for an indefinite period.

12.2. The Company has the right to close the Drivitty account immediately if the User materially breaches these Terms, poses a threat to the security of the System or is suspected of unlawful activity, or, upon 30 calendar days’ notice by e-mail – without cause. Termination does not release the Parties from performing the obligations which arose before that. Upon closure of the Drivitty account, the Company shall refund the unused remainder of the Balance within 14 calendar days.

12.3. The User has the right to close the Drivitty account at any time. Upon closure of the Drivitty account, the Company shall refund the unused remainder of the Balance within 14 calendar days at the User’s request.

13. Provision of information

13.1. The Company has the right to send information about ongoing promotions, changes to the Points of Sale and similar matters to the e-mail address indicated by the User and through Drivitty.

13.2. The User has the right at any time and free of charge to opt out of receiving the messages referred to in clause 13.1 by making the relevant settings in the System, by using the opt-out option provided in each message or by notifying the Company by e-mail at [email protected]. Upon receipt of the opt-out, the Company shall immediately cease sending such messages.

14. Amendment of the Terms

14.1. The Company has the right to amend these Terms. The User is informed of material amendments no later than 14 (fourteen) calendar days before they enter into force, through the Drivitty platform and/or by e-mail. Non-material amendments (editorial amendments, updates of contact information) may be implemented by the Company immediately.

14.2. If the User continues to use Drivitty after the amendments, the User is deemed to agree to the amendments. If the User does not agree – the User has the right to terminate the Terms in accordance with clause 12.3.

15. Dispute resolution

15.1. These Terms are governed by the law of the Republic of Lithuania. Disputes shall first be resolved by negotiation and, if not resolved – in the competent courts of the Republic of Lithuania according to the Company’s place of registration.

16. Contact information

UAB „CRT Partner"

Company code: 302760841

VAT payer code: LT100006825214

Address: Žalgirio g. 92-106, LT-09303 Vilnius

E-mail: [email protected]

Website: drivitty.com

17. Final provisions

17.1. If any provision of these Terms is or becomes invalid, this does not affect the validity of the other provisions. These Terms, together with the Privacy Policy and the Loyalty Programme Rules, constitute the entire agreement between the Company and the User and supersede any previous agreements on the same matter. All notices are deemed to have been duly given if they are sent to the e-mail address registered in the User’s account or to [email protected]. These Terms are published in Lithuanian, English, Russian and Polish. In the event of any discrepancy between the language versions, the Lithuanian version prevails.