Terms and Conditions
This website and application is the property of SC Evozon Systems SRL headquartered at Street Motilor 84, Cluj-Napoca, Cluj County, identified with the tax number 18024002, registered atthe Trade Registry under no. J12/3582/2005. Evozon Systems SRL (Movium) provides car-sharing platform to authorized legal entities that have been validated as Members following the application and registration process. A Member must agree to the Terms and Conditions to be further provided before using our services.
SECTION I - APPLYING FOR MOVIUM MEMBERSHIP
- Applicants may register for Movium membership by an automatic registration process available by the official mobile application Movium (Movium application).
- During registration, Movium will validate the personal information provided by the applicants. By sending this information to Movium, the applicant confirms their truthfulness and accuracy;
- Applicants must provide payment details that would allow Movium to withdraw from the credit card or the specified bank account the membership fee as well as the sums payable by Members to Movium;
- The members must prove they hold a valid driver’s license, if Movium requests them to;
- The members are obligated to update any and all information provided to Movium within 2 (two) days from the occurrence of any change of the information/data provided to Movium. Movium may validate the information provided during the registration process or for the extension of eligibility as a Movium member;
- Movium will bear no liability or accountability for any fine, damage, penalty or any other cost or debt arising from the Members’ provision of non-updated personal information to Movium.
- If Movium membership criteria are met and the application fees were paid, as the case may be, Movium will confirm the approval of the application submitted by a Member. An applicant does not automatically become a Movium Member by meeting the membership criteria. The membership approval for an applicant and the extension of Movium membership are left to Movium’s discretion. Furthermore, the decisions made by the insurer of Movium may influence the approval of membership depending on various pre-defined criteria of the former.
- Movium membership largely depends on accepting and agreeing, as applicant, to the governing Movium membership agreements. These agreements are the Terms and Conditions and as well as any other documents or information hereby incorporated by reference. The Terms and Conditions may be accessed at www.movium.io or by Movium application.
- Unless the membership is suspended or annulled for any of the reasons provided herein or stated, Movium membership is valid for an indefinite period.
- Becoming a member and agreeing to Movium membership agreements (namely Terms and Conditions) does not give rise to any rights of obtaining Movium services, nor does it guarantee the ability to use Movium services. Movium services, are all subject to availability. Movium also reserves the unilateral right to increase or reduce, modify, suspend or annul its operations in specific operational areas.
SECTION II - MEMBERSHIP
- After the approval of membership, the members may use Movium application or other authorized mobile applications granting access to Movium platform.
- The Members will not offer, lend or sell their personal access to Movium or allow anyone else to use it. Failure to comply with this requirement will result in the annulment of the membership, the annulment of any related insurance.
- If the members select a PIN for their Movium membership, they may not disclose it to anyone. Any violation of this provision will result in the immediate revocation of their right to drive and their Movium membership.
Section III - GENERAL TERMS
- Authorization to Call and Send Text Messages. By providing its telephone number, the Member expressly consents and agrees that Movium may place calls and send text messages to that phone number, including through the use of an automatic telephone dialling system and calls utilizing artificial and pre-recorded voices and/or messages for any purpose and in any connection to Movium membership, including, without limitation, as part of the application, registration or reservation process, and which regards the investigations made by the customer service, the customer satisfaction surveys and/or Movium marketing communications. The Member’s consent is as regards the Member as well as any other person who might use the telephone number he/she provided. The Member represents that he/she is the owner or the primary user of that phone number. The Member also agrees to promptly notify Movium in case they change their phone number so that Movium does not try to contact a phone number that no longer belongs to or is no longer used by the Member. The Member understands that this consent is a requirement, if the Member decides that he/she no longer wishes to receive these calls or texts from Movium, he/she may not use the services. The Member agrees that he/she may revoke the consent in writing, by a letter sent to Movium Headquarters, according to the Notifications section below. Movium is not liable for any fee charged by the Member’s mobile services provider for the incoming text messages or calls.
- Choice of Law. The law of the Member’s state will apply to the disputes pertaining to this Trip Process and Schedules.
- Conflicts. Should a conflict arise between this Trip Process and any other documents regarding Movium’s car-sharing services, the Trip Process will prevail, unless a Movium authorized representative previously provided otherwise, in writing.
- Limitations of Liability and No Third-party Beneficiaries. This Trip Process was intended for the benefit of the Member and Movium. No third party may claim rights, as third-party beneficiary or in other capacity. UNDER ANY CIRCUMSTANCES WILL MOVIUM BE LIABLE TO ANY MEMBER OR OTHER THIRD PARTIES FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY DAMAGES (INCLUDING LOST PROFIT) ARISING FROM MOVIUM SERVICES.
- Confirmation. The Members may be requested to reconfirm receipt and acceptance of these Terms and Conditions to headquarters, by official Movium application or by other method indicated by Movium before using Movium services.
- Waiver of rights. Acceptance by Movium of a Member’s fault in connection to the Trip Process or the Schedules will not affect Movium’s rights regarding any subsequent fault, may it be similar of different in nature. If either party waives or postpones the exercise of the rights deriving from this Trip Process, this fact will not be interpreted as a waiver of rights and remedies insofar as the statutory period for the exercise of such right or remedy did not expire.
- Severability. Each provision of this Trip Process is distinct and separate. Therefore, any decision by a court ruling such provision unlawful will not affect the validity, nature or enforceability of the remaining provisions hereof.
- Gender and number. Where required by the context, the masculin gender shall include the feminine and vice-versa, and the use of the singular shall include the plural and vice-versa and, in these instances, the remaining sentence or sentences in question will be interpreted as if the necessary grammatical or terminological changes had been made.
- Modifications of Trip Process. The current version of this Trip Process and the Schedules are available at www.movium.io or on official Movium application. Movium reserves the right to adjust, supplement and replace these Terms and Conditions, and will notify thesechanges according to the applicable laws. The Member will be deemed notified when the notification is indicated and may be accessed from the first page accessed after the Member logs on to Movium website, when they accessed Movium official application or received an e-mail for information purposes. The Member agrees that all the changes will become effective and mandatory on the date mentioned in the notification, namely at least 30 days from the notification receipt date. Within the limits of the law, by reserving or starting a Trip after receiving notification about any amendment brought to the Trip Process, the Member agrees and undertakes the obligations arising from such changes.
- Entire and Integrated Agreements. This Trip Process, the Schedules and the Terms and Conditions constitute the entire agreement between the parties and will become mandatory after its acceptance by the Member. The foregoing documents supersede and replace all the previous understandings and agreements between the Member andMovium. The Member represents and warrants that he/she did not invoke any representation, assertion, guarantee, guarantee agreement or other insurance, except for those provided under this Trip Process, the Schedules and the Terms and Conditions.
- Notification to Movium. Unless otherwise required herein, the notification to be sent by a Member to Movium will be provided in writing. These notifications will be given (1) by personal delivery; (2) by a national next day courier service; or (3) by first class, registered or certified mail, postage prepaid. These notifications will become effective when Movium receives the respective receipt at the following address: S.C. Evozon Systems S.R.L., 84 Motilor Street, Cluj-Napoca, Romania.
- Questions. Any comments and questions regarding this Trip Process or the Schedules will be directed to Movium. Please access www.movium.io or Movium official application for contact options.
- EXPLANATIONS AND COMPREHENSION
- THE MEMBER DECLARES TO MOVIUM THAT HE/SHE RECEIVED ALL THE REASONABLE EXPLANATIONS REQUESTED ON THE CONTENT OF THIS TRIP PROCESS AND OTHER DOCUMENTS RELATING TO MOVIUM CAR-SHARING SERVICES MEMBERSHIP AND THAT HE/SHE TOOK ALL REASONABLE AND CAUTIOUS MEASURES TO MAKE SURE THAT HE/SHE UNDERSTOOD CORRECTLY EACH AND EVERY ONE OF HIS/HER UNDERTAKINGS AND OBLIGATIONS.
SECTION IV - SUSPENSION AND TERMINATION OF MOVIUM MEMBERSHIP
- Movium and the Member may each cancel the understanding outlined in these Terms and Conditions, with or without reason, by sending a written notification to the other party. The Member shall remain liable for all the costs, including the balance of the account, registration fees and any damages or penalties prior to the termination date. The Members may get refunds for the membership and/or registration fees according to the rights provided by the consumer protection laws or under Movium’s discretionary decisions.
- Movium is entitled to terminate membership immediately if:
- The Member does not pay their fees when due;
- The Member no longer meets Movium membership requirements, as provided under these Terms and Conditions;
- The Member does not comply with the updated Terms and Conditions;
- he Member made false statements to Movium or failed to revealthe facts or circumstances required under these Terms and Conditions;
- Movium may also suspend or terminate a membership at any time, for any reason, at its sole discretion.
- If the membership is suspended or terminated:
- Movium is entitled to receive immediate payment of all the sums owed by the Member;
- Movium is entitled to compensations for any financial damage and property damage the Member may have caused. For the purpose of damage compensation, Movium will issue invoices to the Member’s name for specific damages arising from the failure to fulfil any provision of these Terms and Conditions.
SECTION V - INDEMNIFICATION OBLIGATION OF THE MEMBER AND HOLD HARMLESS REQUIREMENT
The Member will indemnify and will hold Movium and its partners and affiliates and their respective directors, managers, employees, shareholders, agents, lawyers, assigns and legal successors (collectively referred to as “indemnified persons”) harmless from all losses (including lost profits caused or contributed to by the Member), damage, injuries, claims, demands, costs, legal fees and other costs incurred by any indemnified person in any way and based on the member’s failure to observe the Trip Process, the Terms and Conditions and/or from the use of the vehicle by the member or any other person, including claims of, or liabilities to, third parties. The Member may file a claim to the Member’s insurer in case of such events or losses; but in any event, the member will have final responsibility to all the persons indemnified for such losses. this obligation may be limited to the extent Movium’s minimum financial responsibility coverage applies. If the Member breaches, fails to perform and/or performs improperly any ofthe obligations provided hereunder (Terms and Conditions), in full or in part, Movium is entitled (but not required) to consider this agreement (Terms and Conditions) terminatedde jure, without any prior notification and without the intervention of a court of law; this clause will be considered a commissoria lex of the 4th degree. If commissoria lex of the 4thdegree becomes effective, Movium is entitled to claim and receive from the Member indemnifications equivalent to the amount of the loss incurred.
SECTION VI - RIGHT OF WITHDRAWAL AND TERMINATION POLICY
The Member benefits from a right of withdrawal under which he may withdraw from this agreement (Terms and Conditions), subject to the fulfilment of the two conditions, cumulatively: The Member is subject to the 14-day withdrawal period calculated from the confirmation of the entry into this agreement; The Member did not use the Services provided by this website.
To exercise the right of withdrawal: The Member will communicate the annulment of the reservation in writing, by his/her e-mail, or The Member may use this form which will be filled out and sent back only if he/she wishes to withdraw from the agreement. To [insert name, post address and, as the case may be, telephone number, fax number and e-mail address of the professional]: Please be informed that I/we hereby withdraw from the agreement for the provision of the following services: Ordered and confirmed on: Name of consumer (consumers) Address of consumer (consumers) Signature of consumer (consumers) (only if this form is notified as hard copy) Date Any annulment by the Member, including for force majeure or failure to appear to the accommodation location, is subject to the aforementioned annulment policy. You may not benefit from the right of withdrawal if the services posted on this website have already been provided to you, under Article 16 letter aof Government Emergency Ordinance 34/2014. Refund Policy Where the requirements mentioned at the first item above (The Member is subject to the 14-day withdrawal period calculated from the confirmation of the entry into this agreement, namely he/she did not use the Services provided by this website, namely he/she did not use the vehicles provided by Movium), Movium will reimburse all the amounts received as payment from the Member, within 14 days from the date when we were notified about the Member’s decision to withdraw.
SECTION VII - PERSONAL DATA PROTECTION – CONFIDENTIALITY AND SECURITY POLICY
- By providing the personal data, you implicitly accept the confidentiality and security policy below. Please read it carefully. SC Evozon Systems SRL, headquartered at 84 Motilor Street, Cluj-Napoca City, Cluj County, registered with the Trade Registry under no. J12/3582/2005, Sole Registration Number 18024002, represented by director Gabriel Gretu, here by reserves the right to amend these provisions without any further notice.
- By providing your personal data you agree for said data to be stored and processed by SC Evozon Systems SRL.
- According to Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, and Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, SC Evozon Systems SRL is required to manage safely, and only for the purposes specified here in, the personal data you provide about you or another person.
- The purpose of data collection is the monitoring/security of individuals and/or public/private goods by using the GPS.
- To benefit from the services provided by SC Evozon Systems SRL, you will have to provide personal data. Should you refuse, you may not use SC Evozon Systems SRL services and no commercial relationships will be established.
- The information you provide will be registered and are to be used by the operator, and will only be communicated to third parties in the cases provided by the laws in force.
- Under Law no. 677/2001, you have the right to access and change on the data, the right to not be subject to an individual decision and the right to bring legal action. You also have the right to object to the processing of your personal data or to request their deletion.
- To exercise these rights, you may submit a written request, dated and stamped, at 19 Pitesti Street, apartment 2, Cluj-Napoca City, Cluj County, Romania. You also have the right to bring legal action. Your data will not be sent to other EU member states oroutside to EU.
SECTION VIII - COPYRIGHT, TRADE MARK RIGHTS AND INTELLECTUAL PROPERTY RIGHTS
Movium grants free access to their website, and authorizes you to review, print or send the information there on only for the purposes provided under this Agreement. The copyright over the information on this website is held by Movium or its authorized partners. The material on this website may not be reproduced, in full or in part, or altered without the prior written explicit permission of Movium’s legal representative. The contents of this website, the texts, graphics, photos, software, logos and any other material hereon are protected under the copyright law and are property of Movium or its partners. Creating links between this website and other sites without our prior written consent is strictly prohibited. If the same happens without Movium’s explicit written agreement, it does not mean that Movium undertakes liability for the non-affiliated sites with which links were created. Also, Movium may not be held liable for the material posted on the site linked by persons other than those authorized, and reserves the right to request the sanctions under the laws in force for any such actions that took place without its prior consent. Movium or third parties may duly provide, on Movium’s site, links to other pages or resources. Movium does not guarantee, and may not be held liable in any way for the availability of said links, for the form, content, advertisement, products or other materials available on such sites. Movium will not be liable or required to pay damages, directly or indirectly, for any damage or loss caused or presumably caused by or in connection with the use or the degree of trust in the information, content, goods or services provided on this website. Reproduction, copy, multiplication, sale, resale or the exploitation of any portion of the services, the access or use of services or information provided by Movium through this site in a way that breaches the laws of Romania or the international laws on copyright and intellectual property will result in the civil and/or criminal liability. Movium reserves the right to prevent by any means the contact and use of this site, and to seek sanctions, under the applicable laws, for the persons involved, if there is proof to their actions beingaimed at destroying or altering the site, its content, its security or to their attempt to attack or discredit Movium or its partners, services and/or employees. Any dispute that may arise in connection with this site and the terms and conditions of use falls within the remit of the general jurisdictions in Romania.
SECTION IX - EXPLANATIONS AND COMPREHENSION
The Member declares to Movium that he/she received all the reasonable explanations requested on the content of these Terms and Conditions and other documents relating to Movium car-sharing services membership, and that he/she took all reasonable and cautious measures to make sure that he/she understood correctly each and every one of his/her undertakings and obligations.
SECTION X - MEDIATION OR ARBITRATION AGREEMENT
In this section “you”, “to you” and “your” refer to the Member, while “we”, “us” and “our” refer to the relationship between the Member and MOVIUM.
- Conflicts. You agree that any claim or conflict of laws or of equity arising or likely to arise between us and related in any way to, or as a result of, this version or the previous versions of these Terms and Conditions, by your use or your access to Movium services, will be solved according to the provisions in the Arbitration Section. Please read this Section carefully. It affects your rights and will impact the settlement of any claims that you and we may raise against each other.
- Arbitration Agreement. You and Movium agree that each conflict or claim that may arise between you and Movium in connection with or as a result of these Terms and Conditions or their previous or subsequent versions or in connection with your access to, and your use of, Movium services will be solved by arbitration only. The Romanian Arbitration Law governs the interpretation and performance of this Arbitration Agreement
- Group Interdiction, Representative Actions, Non-individual Liability. YOU AND MOVIUM AGREE THAT WE MAY FILE COMPLAINTS AGAINST EACH OTHER, INDIVIDUALLY, NOT AS A PLAINTIFF AND MEMBER OF A GROUP OR BY A REPRESENTATIVE ACTION OR PROCEDURE. UNLESS YOU AND MOVIUM AGREE OTHERWISE, THE ARBITER MAY NOT CONSOLIDATE OR JOIN THE COMPLAINTS OF MORE THAN ONE INDIVIDUAL OR PARTY, AND MAY NOT CHAIR IN ANY OTHER WAY ANY CONSOLIDATED PROCEDURE, BE IT REPRESENTATIVE PROCEDURE OR CLASS PROCEDURE. IN ADDITION, THE ARBITER MAY AWARD INDEMNIFICATIONS (INCLUDING MONETARY, ENFORCEABLE AND FACT-FINDING AWARDS) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY THAT SEEKS THEM, AND SUBJECTTO THE LIMITATIONS REQUIRED FOR THE INDEMNIFICATIONS RELATING TO INDIVIDUAL COMPLAINT/COMPLAINTS OF SAID PARTY. THE INDEMNIFICATIONS AWARDED MAY NOT AFFECT THE OTHER USERS OF MOVIUM.
- Mediation Proceedings. Mediation is less formal than a lawsuit. It uses a mediator instead of a judge, and the court’s involvement in the mediation decision is limited. A mediator may, however, award the same individual damages and indemnifications that a court of law may grant to a person; the mediator must rely on these Terms and Conditions just like a court of law would. The mediator, and not just any court of law or county or local state agency, will have exclusive jurisdiction over the settlement of any dispute arising under or in connection with the interpretation, applicability, enforceability or drafting of this Mediation Agreement, any part thereof, or of these Terms and Conditions, including, without limitation, over any complaint claiming that this Mediation Agreement or these Terms and Conditions or any part thereofare null or annullable. Anyone seeking mediation may choose to continue subject to the applicable rules of the National Mediation Centre or of any other organization of your choice, with our consent. At any rate, the mediator will be an attorney or a retired judge, and he/she will be selected according to the applicable rules. The mediator will settle the dispute according to the law. Unless the rules provide otherwise, the mediation decision will be issued without a written opinion. Mediation will take place in the city of residence or in another locality mutually agreed upon. If the worth of the sought indemnification is RON 10,000 or less, you or Movium may choose mediation by phone or mediation based on written submissions. If the circumstances so require, the mediator may be requested to grant a personal hearing, but you and/or Movium may also attend such hearing by phone, with the mediator’s consent. The mediator will rule on the nature of the complaints in accordance with the laws of Romania, including with the recognised principles of equity, and will address all the privilege-related complaints recognised under the law. The mediator shall not be bound by any prior deliberations in which various MOVIUM members might have been involved, but he/she will be bound by any previous deliberations involving the same member, to the extend provided under the law. The mediator’s decision will be final and binding, and it may be referred to any relevant court of law.
- Arbitration Costs. If you are the first to seek mediation, you will pay up to 1,000 RON in deposit fees for the initial mediation or case handling fees, subject to the applicable regulations, while Movium will pay any deposit fee or additional case handling fee. MOVIUM will pay the entire deposit fee or the case handling fee if it is the first to seek mediation. Movium will pay the mediation costs and fees on the first day of mediation. The mediator will decide who pays the additional costs and fees. None of the provisions in this paragraph will prevent you fromrequesting the applicable mediation entity to reduce or increase its fees, or from requesting Movium to pay voluntarily an additional share of the fees based, depending on your financial situation or the nature of your complaint.
- Nullity. Except for any provision in subsection C) of this Arbitration Agreement (Group Interdiction, Representative Actions and Non-individual Indemnification), if a mediator or court of law decides that parts of this Agreement are held to be illegal or unenforceable, the remainder of the Agreement should still apply. If a mediator or a court of law decides that any provision in subsection C) of this Mediation Agreement (Group Interdiction, Representative Actions and Non-individual Indemnification) is null, then the entire Mediation Agreement will be null. The remainder of these Terms and Conditions should still apply.
- Waiver. You may choose to dismiss this Mediation Agreement (“waiver”) by a written notification (“Notification of Waiver”) sent by mail. The Notification of Waiver should bear the post office stamp dated no later than 30 days after the date of the acceptance of these Terms and Conditions. You must deliver the Notification of Waiver to Movium, for the attention of the General Manager, according to Notifications Section above. Should you choose to waive this Mediation Agreement, the remainder of these Terms and Conditions should still apply. The waiver of this Mediation Agreement has no effect on any previous, distinct or future mediation covenant you may have with us.
- Future changes to Mediation Agreement. You agree that, if Movium brings any subsequent changes to the Mediation Agreement (other than the change of address for notifications or the website link provided hereunder), such change will not fall under the scope of any complaint filed within a legal action brought against Movium before the date of the change. The change applies to all the other lawsuits, ongoing or likely to arise between you and Movium. We will notify you about the changes to this Mediation Agreement by posting the amended terms at www.movium.io and/or on Movium application, at least 30 days before the actual date thereof, and by a notification sent by e-mail to your e-mail address, as registered on our site. If you do not agree with the amended terms, you may close your account within 30 days, without any obligations deriving from the amended terms. Also, if we wish to eliminate the Mediation Agreement, as included in these Terms and Conditions, any such elimination will become effective 30 days after posting the Terms and Conditions version that does not include the Mediation Agreement on www.movium.io, and it may not be invoked by any complaint submitted within a legal action filed against MOVIUM before the elimination date.
These Terms and Conditions are valid from 26 March 2018.
Movium is an asset management platform, that allows asset sharing with users. It was built using the latest IT technology stack by a team of experienced and enthusiast developers. Thanks to this the Movium platform is a scalable, stable an reliable platform and has three main elements, the mobile applications, the back-end infrastructure and the management console.
The mobile application offers seamless registration and onboarding process using only the mobile application. Documents pre-validation and face recognition done by the system, to ensure a more secure and easy user onboarding process. One time user enrolment ensures easy future usage of the service, without the need to reprocess documents or customer information.
The back-end ensure the compliance of the business logic and makes sure to run all the automated processes. Supply the necessary informations about dynamic pricing, about asset informations and handles all the communication between the servers and the telematic control units that are installed on the assets.
The management console centralize all the relevant informations about the assets, users, payments and gives you real time insights about the business operation. Generate reports and use the KPI's to make relevant business decisions and ensures the operation with a minimum headcount.