Charge general terms and conditions for the use of Charge App

Version of 1st of October 2021
The following terms apply for Charge customers who use the application Charge Application (hereafter “this application” or “the application”)
The responsible company for personal data and the provider of this application is:

Verdo Teknik A/S
ORG-nr. 25481992
Agerskellet 7
8920 Randers NV
www.Charge.dk
Tel.: +45 70 100 230
E-mail: kunde@charge.dk
In the following mentioned ”Charge”.

The application is owned by Charge. All data collected through the application and data regarding location of charge points is owned by Charge. You are not allowed to transfer data to third parties or to use data for other purposes than for this application.


1.    Agreement

1.1    These general terms and conditions establishes the terms and conditions between you as a customer and Charge.

1.2    The agreement establishes the relationship for:
a)    Your rights and obligations
b)    Charge’s rights and obligations, and
c)    Information required by Danish law.

1.3    The conclusion of agreement is valid at the time where you create an account in the application and/or make a purchase in the application.
1.4    By using the application you are accepting Charge’s general terms and conditions for the use of the application.
1.5    These terms and conditions constitute the entire agreement between you and Charge regarding the contractual relationship by using the application.
1.6    This agreement is governed by Danish law. Disputes regarding this agreement are to be resolved by Danish law at a Danish venue.

2.    Rights and obligations

2.1    Charge’s obligations

2.1.1    Charge aims to ensure that the services are available at any given time. However, Charge cannot guarantee that the services are available at any given time. Charge is not responsible in  any way for the inaccessibility of the service at any given time.

2.1.2    Charge ensures that the price information in the application is correct and updated. The prices are accessible per kWh and/or per hour.
 
2.1.3    If the services in the application are inaccessible due to maintenance or other circumstances out of Charge’s control, Charge will aim to make the services in the application available as quickly as possible.
 
2.1.4    Charge does not guarantee neither is responsible for the functionality of the charging stations at all times.

2.1.5    Charging stations from other providers are shown in the application. Charge is not responsible for the use of these charging stations including the use of personal data when using the charging stations.
 
2.1.6    Liability and limitation of liability:

Charge is liable on the basis of Danish law, however with the below mentioned limitations. Charge is not responsible for the following:

a)    Any loss or damage that could not be foreseen when entering this agreement and therefore could not be anticipated as a consequence of violation of the agreement.
b)    Any loss or damages you are exposed to outside of Charge’s control
c)    Any loss you may suffer as a consequence of incorrect use of a charging station including use of incorrect cable
d)    Loss of turnover including loss of business, income, profit or savings
e)    Loss covered by an insurance
f)    Consequential damages and indirect loss including loss due to the fact that a charging station has not been used as presupposed, or loss due to the fact that an agreement with a third party is lost or defaulted. Charge is not responsible for user errors, incorrect charging, viruses etc.
g)    Loss occurred as a result of interruption, disturbance or changes in the charging stations and the services due to reasons that are (a) necessary due to technical maintenance and operational causes, or (b) imposed by authorities
h)    Loss due to regulatory requirements suffered after the installation of the charging stations
i)    Errors, break downs, disturbances, power quality etc. that other providers are responsible for, including suppliers of electricity, producers and network providers
j)    Products and services that are not brought through Charge
k)    Defects or errors on the mobile network or the mobile network’s coverage or for the missing function of the charging stations as a consequence hereof.

2.1.7     Charge can at any given time and without notice take products out of commission, terminate services, make technical changes, perform maintenance and/or update firmware etc. due to operational causes or due to regulatory requirements, break downs or accidents, maintenance or software updates that causes charging not to function. Charge is not responsible for any losses in thereof.


2.2    Your obligations

2.2.1    If the charging station does not have an attached cable, you are obliged to apply your own cable in order to connect your electrical vehicle to the charging station. Charge is not responsible for any losses or damages that may occur due to incorrect use of the cable attached to the charging station or due to the use of a wrong cable. You are solely responsible for using the right equipment for the purpose fit in correspondence with Danish- and international law and standards.

2.2.2    You are obliged to pay for the services described in this agreement with reference to point number 3.

2.2.3    Material breach

Charge can terminate this agreement with immediate effect and without warning if you commit material breach with regard to matters of decisive importance to Charge such as – but not limited to:

•    The use of equipment that is not approved or meant to be connected to charging stations.
•    Manipulation and/or destruction of the charging station or the cable.
•    The usage of the charging station for other purposes than charging your electrical vehicle.
•    If the agreement between you and Charge has been entered on the basis of false information.
 
In case of material breach with matters of decisive importance to Charge, Charge can terminate your access to the charging station. Charge can by request reopen the access if the material breach has ended.


2.2.4    By entering this agreement you agree not to:
a)    Copy, decode or in any wat translate or change the application;
b)    Violate or copy the code, the content or the design in the application;
c)    Use the application for other purposes than according to this agreement;
d)    Disrupt the safety/security in the application;
e)    Use or try to use or misuse the application in such way that collides with applicable law.


2.2.5    Charge reserves the right to suspend and cancel your right to use the application and it’s functions if Charge suspects that you do not comply with your obligations regarding this agreement.

3.    Payment and prices

3.1    When connecting your electrical vehicle to a charging station, the amount you will be charged depends of the quantity of electricity delivered and/or the period of time that your vehicle is connected to the charging station.
 
3.2    The prices are available in the application. The prices are shown per kWh and/or per hour and are inclusive VAT. The prices may vary and will depend on the charging station.


3.3    You pay for the electricity you are using by entering your payment information in the application. Charge guarantees that this information will be treated confidential. You can at any time delete your payment information in the application.

3.4    You can pay with VISA and MasterCard.

3.5    If the transaction is approved, the given amount will be reserved on your account and you will have the opportunity to receive a receipt by e-mail.


4.    Personal information

4.1    Charge collects personal data to that extent which is relevant for the usage of the application.

4.2    Charge collects locality data that is saved and used solely in the application. This will only take place with your acceptance and to the extent necessary for the functions in the application. You can always turn of the access to locality data in the settings on your device. If you delete the application from your device, all data will be deleted.
 
4.3    Charge uses information about downloads and updates of the application to manage, analyze and improve the application.

4.4    Charge neither conveys, sells or exchanges personal data to third parties for the use of marketing purposes. Transferal to third parties will only take place to the extent necessary for the deliverance of Charge’s performance corresponding to this agreement.

4.5    Your rights:
In connection with Charges’s processing of personal information you have the following rights:
a)    The right to know which information and to what purpose we are processing your information.
b)    The right to gain insight in the personal information we are processing about you.
c)    The right to rectification of incorrect information.
d)    The right to have your personal information deleted.
e)    The right to restricted processing of your information.
f)    The right to transmit information (portability of data)
g)    The right to object processing of your personal information.
h)    The right not to be subject for a decision that solely is based on an automatic processing including profiling.
 
Moreover, you can see how we process your personal data on this link: https://www.verdo.com/dk/det-med-smaat/persondatapolitik/

You can at any time withdraw any consent  given by contacting Charge on the contact information given in the top of this agreement.

4.6    Charge takes great effort in securing that the information is correct. However, Charge does not take any responsibility for that the information is correct. Charge is not liable for any loss caused by the fact that the information is incorrect, inaccurate, incomplete or the for lacking functionality of the application.

5.    Force majeure:

In case of force majeure including – but not limited to - electrical storm, power failure, lockout, fire, snow damages, errors on the mobile network, absent or delayed deliveries from suppliers or subsuppliers or other cases caused by force majeure, Charge is not responsible for defects or delays in the performance.