GENERAL TERMS AND CONDITIONS
This act regulates the terms of consumer rights protection, privacy protection, and general terms of use (hereinafter: Terms), i.e., it governs the access to or use of products, applications, websites, or content (hereinafter: Service) belonging to ALLYES DOO or its affiliated companies and branches (hereinafter: ALLYES).
Please read these Terms carefully before accessing or using the Services.
By accessing and using the Services, you declare that you have read, understood, and accept the stated Terms, thereby establishing a contractual relationship between you and ALLYES, and any prior agreements, accords, or arrangements of any kind between the two parties shall cease to be valid.
ALLYES reserves the right to unilaterally change the Terms, suspend the provision of the Services or any part thereof, at any time and for any reason, in accordance with the procedure described in these Terms. Your continued access and use of the Services constitute your consent to the amendments and supplements to the Terms.
ALLYES reserves the right to deny you the Services if you are not or cease to be a user of the ENPay application.
1. SERVICE
The Services represent a modern technological platform that enables users of the ENPay mobile application or the ENPay website, who are in a contractual relationship with ALLYES, to use the highway network within the online toll collection system.
Unless otherwise agreed, it is understood that ALLYES’s services are available exclusively to registered members.
LICENSE
In accordance with these Terms, if you are a registered member, ALLYES grants you a limited, non-exclusive, revocable, non-transferable right to use the Services through access and use of the mobile application on your device, or access and use of the website, as well as through the use of any content, information, and materials that may be made available to you, in any case exclusively for personal and non-commercial purposes, unless otherwise agreed.
RESTRICTIONS
During the application of these Terms, i.e., the use of the Services, you may not:
- remove any logo, trademark, or any copyright or related rights notice from any part of the Services;
- sell, copy, distribute, offer, rent, or in any other way commercially exploit the Services, unless there is explicit permission from ALLYES;
- alter, modify, decompile, or disassemble any part of the Services;
- use any part of the Services for the purpose of collecting statistical data, indexing, research, or otherwise interfere with the operation and functionality of any aspect of the Services;
- attempt or perform unauthorized access to the Services, which could compromise the provision of the Services, any part thereof, or any connected system or network.
THIRD PARTY SEVICES
The Services subject to these Terms may be made available through third-party services and systems that ALLYES cannot control and whose application cannot be regulated by these Terms. Therefore, you agree that such use of services and systems may be subject to the Terms of Use and Privacy Policies determined by third parties. In that case, ALLYES cannot and will not be responsible for any product or service provided by third parties.
Please note that “third parties” within the meaning of these Terms shall also include Apple Inc. and Google Inc., if you use the Services through mobile applications developed for Apple iOS and Android. These third parties are not signatories to these Terms and are not responsible for providing the Services or support in any way.
OWNERSHIP
The Services, all copyrights, trade secrets, data, as well as other rights are and shall remain the exclusive property of ALLYES DOO. By accepting the Terms, you obtain a limited right to use the Services as described in the preceding paragraphs, but not the right to use the business name and title ALLYES, logos, product names, or the ENPay trademark.
2. USER ACCOUNTS
PRIVACY STATEMENT
To be able to use all aspects of the Services, you must register and create your own user account via the ENPay mobile application. The prerequisite for registration is that you are at least 18 years old, i.e., that you have full legal capacity according to the regulations of the Republic of Serbia. During registration, ALLYES reserves the right to collect your personal data for this purpose, such as: name and surname, unique master citizen number, address, mobile phone number, E-mail address, age, as well as information about a valid method of payment for the Services. It is your obligation to ensure that your registered data is accurate and current throughout the entire use of the user account. If certain aspects of the Services are unavailable due to incorrect registered data, ALLYES cannot be held responsible. Furthermore, you are responsible under the law for all activities that occur on your user account and you agree to maintain the confidentiality of your user credentials, meaning you will not disclose your username and password for system access to anyone. You may not authorize third parties to use your user account, nor can you transfer it in any other way to a third party. In some cases, you will be asked to provide proof of identity to receive the Service, and failure to comply with this request may result in the denial of the Service.
NETWORK AND ACCESS
To be provided with the Service, it is necessary to have a device with internet access. When using the Services, you may be charged for data transfer services according to the price list of your mobile operator.
Also, when using the Service, the software tracks the GPS location of your mobile device and collects data about your current location. By using the Service, you consent to this data being collected and used solely for the purpose of the application’s functionality.
3. PAYMENT
By accepting these Terms, you agree that you will have to pay the prescribed fee for the use of the Services. The used Services will be summarized twice a month (approximately on a 15-day interval), and ALLYES will send the user an invoice and a specification of consumption via the registered email address within three days of the end of the billing period. Automatic charging from registered payment cards will start on the same day from 4:00 PM and will last for the next 5 days, or if the service user is a legal entity, via the SEF, and the service recipient undertakes to pay the calculated amount to the Service Provider within 05 days of issuance. The amount you will be charged includes all taxes and fees prescribed by applicable laws. If the Service Recipient fails to make the payment by the invoice due date, the Service Provider will send a reminder and finally block the TAG devices for further use until all outstanding obligations are settled.
PAYMENT CARDS
When entering payment card data, confidential information is transmitted over a public network in a protected (encrypted) form. The security of data during purchase is guaranteed by the payment card acquirer, OTP Banka, so the entire payment process is carried out on the bank’s pages. At no time is the payment card data available to our system.
When adding a payment card, 1.00 RSD will be reserved from your payment card for verification purposes; after a certain period (up to 7 days), this amount will be returned.
All payments will be made in the local currency of the Republic of Serbia – dinar (RSD). The exchange rate of the National Bank of Serbia is used for an informative display of prices in other currencies. The amount that will be charged to the Service Recipient’s payment card will be expressed in the local currency through conversion at the exchange rate used by card organizations or the card-issuing bank, which cannot be known to ALLYES at the time of the transaction. As a result of this conversion, there may be a slight difference from the original price and the one you see on your bank statement.
PRICE
ALLYES will charge for the Services according to a pre-published price list. ALLYES reserves the right to change the established price list at any time, but with the obligation to immediately publish the new price list on its website and to inform users about it. The amount of the special fee for the use of a public road, its part, and road structure (toll) depending on the vehicle category and the characteristic highway section is defined by JP PUTEVI SRBIJE. The official toll price list is available on the website of JP PUTEVI SRBIJE as well as in the OFFICIAL GAZETTE OF THE REPUBLIC OF SERBIA.
COMPLAINT POLICY
In the event that you have been charged for a service that was not performed in accordance with this agreement, you are authorized to submit a complaint in writing: to the email podrska@enpay.rs, or by post: ALLYES DOO Milutina Milankovića 134g, 11070 Beograd, or orally: by phone call to no. 011/4502785; 064/6596739; 062/8001278 or by personal visit to the branch office.
Complaints can also be submitted by filling out the form on the website www.enpay.rs in the COMPLAINTS section. Detailed instructions on how to fill out the complaint are provided on the website.
The user can send the completed complaint form regarding the amount of toll charged by a TAG device electronically to the e-mail addresses: enp.reklamacije@putevi-srbije.rs or podrska@enpay.rs, or by post to one of the following addresses:
JP PUTEVI SRBIJE, Ustanička 64/5, 11050 Beograd, Srbija
ALLYES DOO, Milutina Milankovića 134g, 11070 Novi Beograd, Srbija
Note: The deadline for submitting a complaint is 60 (sixty) days.
All required data must be entered in the form; otherwise, the request will be rejected as incomplete.
All complaints will be processed within the legal deadlines.
REFUND OF CHARGED FUNDS
In the case of a refund of funds that the Service Recipient has paid with one of the payment cards, in part or in full, and regardless of the reason for the return, ALLYES is obliged to make the refund via VISA, MASTERCARD, DINA payment methods, which means that the bank will, at the seller’s request, refund the funds to the payment card owner’s account.
4. DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNIFICATION
ALLYES is not a business entity registered for managing the highway network and related equipment. ALLYES provides services for the distribution of ENP tags and toll collection in an online system.
Accordingly, ALLYES makes no guarantees regarding the quality of the infrastructure on the entire highway network, the uninterrupted availability of the Services, or safety on the highways. By accepting these Terms, you agree that you bear the entire risk arising from the use of the Services.
LIMITATION OF LIABILITY
ALLYES is not liable for indirect, incidental, punitive, or consequential damages (e.g., lost profits, loss of data, personal injury, property damage) that may arise during or in connection with the use of the Services. ALLYES will also not be liable for damage that occurs:
a) due to the current inability to use the Services if the inability is a consequence of your error;
b) due to delays or failures in providing the Service, if the failures are caused by force majeure, i.e., unforeseeable circumstances.
The limitations set forth in this section of the Terms are not intended to exclude or amend your rights as a consumer guaranteed by the legal system of the Republic of Serbia.
INDEMNIFICATION
By accepting these Terms, you agree to indemnify ALLYES for all damages, including attorney’s fees and court proceedings, arising from:
a) Your use of the Services contrary to the established rules;
b) violation of any provision of these Terms;
c) misuse of confidential data;
d) violation of the rights of any third party.
5. ACCEPTABLE USE AND CONDUCT
By accepting these Terms, you agree that you may not use the Services in a manner that is harassing, offensive, unlawful, threatening, harmful, abusive, infringes on someone’s privacy, or is otherwise undesirable, contrary to law or by-laws.
Furthermore, you agree not to use the Services to:
- upload, transmit, or distribute any software intended to damage or alter a software system or data;
- send unsolicited or intrusive advertising messages, promotional materials, spam messages, indecent or offensive content, chain E-mail messages, or any other form of unsolicited messages;
- collect and process information about other users of the Services without their consent;
- interfere with or disrupt the operation of servers or networks connected to the Services;
- gain unauthorized access to the Services through other computer systems or networks;
- harass or interfere with the use of the Services by other users.
ALLYES reserves the right to investigate specific situations and take appropriate measures against you if it is determined that you have violated the provisions of these Terms in any way while using the Services. Appropriate measures include the possibility of temporary suspension or permanent deactivation of the user account as well as the initiation of legal proceedings.
Also, ALLYES reserves the right to cooperate with state authorities and, upon their legally prescribed request, to provide them with relevant information concerning the user account, including the following: IP address, information about internet traffic from your device, user archive, and the like.
6. CHANGES OF TERMS OF USE
ALLYES reserves the right to change these Terms of Use at any time. ALLYES also reserves the right to cancel, modify, suspend, or completely discontinue the provision of Services to the user, after having previously notified the user in an adequate manner at least 30 days before the cancellation.
ALLYES will publish all changes to the Terms on its website and within the ENPay mobile application at least 30 days before the changes take effect. In the case of business changes that do not depend on the will of ALLYES (decisions of JP Putevi Srbije, regulations of state authorities, etc.), it is possible to make changes that amend the Terms of Business with effect from the moment of their adoption. Until the changes take effect, the previous provisions of the Terms will apply. For new users, the new provisions of the Terms will apply immediately.
7. DISPUTE RESOLUTION
By accepting these Terms, you agree that any dispute between you and ALLYES, which arises during the use of or in connection with the Services, will be resolved amicably, through dialogue between the two parties.
However, if an amicable solution cannot be reached, each party to the dispute reserves the right to initiate appropriate out-of-court or judicial proceedings before the competent state authorities of the Republic of Serbia, in order to protect the rights that the party believes have been threatened or violated.
Out-of-Court Dispute Resolution
In accordance with Article 55 of the Law on Consumer Protection (Official Gazette of RS, No. 88/2021), proceedings before an out-of-court body can be initiated by the consumer if they have previously filed a complaint or objection with the merchant.
The merchant will, if the consumer requests it, participate in the out-of-court settlement of consumer disputes (Art. 151 of the Law on Consumer Protection, Official Gazette of RS 88/2021). The conditions for initiating, conducting, and concluding an out-of-court dispute are regulated by the Law on Consumer Protection.
A list of bodies can be found on the website of the Ministry of Trade and Tourism.
8. DURATION AND TERMINATION
These Terms come into force immediately upon your acceptance and remain in force for the duration of your use of the Services.
9. CUSTOMER SERVICE
For all questions regarding these Terms and their application, you can contact customer service via the E-mail addresses podrska@enpay.rs and office@allyes.global
ALLYES will attempt to respond to all requests within a reasonable time frame, in accordance with legal provisions.