InCharge's general terms and conditions concerning public charging service(Valid from 2016-11-01)
1 § InCharge's public charging service
- InCharge, by Vattenfall AB, offer charging services to the public at their own charging stations and on charging stations from a third party, which are linked to InCharge's public network of charging stations, by opening them for public use.
- The provisions of these terms, which aim at the charging service and the customer's use of InCharge's chargecard or tag (e.g. the purchase and payment of charge or charges), includes charging within the network of InCharge's charging stations.
- All provisions of these terms governing relations for the charging station and other devices (such as technical conditions, availability and responsibility) comprises only of the charging stations included in InCharge's network.
Stations included in InCharge's network can be viewed in the mobile application InCharge and website www.goincharge.com
2 § Chargecard and tag
- To access the charging service and to use InCharge's charging stations, a separate chargecard or tag is required. The chargecard or tag is obtained by a notification registered on www.goincharge.com
- InCharge may conduct a customary credit assessment of the potential customer.
- InCharge sends the card for approval to the customer. InCharge reserves the right to refuse the issue of the chargecard or tag.
- The chargecard only applies to the charging stations included in InCharge's network. The network, including charging station owners, can be seen on www.goincharge.com
- The cost of each respective occasion of charging is recorded on the holder of the chargecard or tag, e.g. using the charge service is regarded as recognition of the charge and the conclusion of contract for the purchase of the charge between the customer and connected to charging station owners' InCharge.
- The card is valuable. It is at the customer's discretion to store the chargecard or tag so that unauthorised persons can not access it. If the chargecard or tag is lost, the holder should promptly contact InCharge on 020-52 62 00. InCharge blocks the chargecard or tag and sends a free replacement chragecard or tag. If unauthorised transactions have been made with the chargecard or tag, the customer should make a report to the police.
3 § Equipment and using InCharge's charging stations
- The customer is responsible, where necessary, to provide a Mode 3 Type 2 cable for AC charging stations with Mode 3 Type 2 terminal. There are always fixed cables at InCharge's quick charging stations.
- Each respective charging station owner within the InCharge network is responsible for making sure the charging stations meet the applicable standards, laws and regulations.
- The charging ability is dependent on several factors, such as the technical specifications of the electric car, the vehicle battery charge level capacity and the charging station, of which the component with the lowest capacity will be decisive for the effect the electric car can assimilate. InCharge can not guarantee that the charging of an electric car will be implemented within a maximum validity period, or with minimum impact.
- Instructions on how InCharge's charging stations are to be used can found on or in connection with charging stations.
4 § Availability
- The InCharge service is available for customers around the clock, but in practice the ability to recharge is limited e.g. to some charging stations not being accessible at certain times due to specific restrictions.
- The availability of InCharge's charging stations are communicated through www.goincharge.com
- InCharge strives to make sure that the charging stations in InCharge's network should be as operational as possible. If a charging station is affected by a malfunction, InCharge will fix the error as soon as possible.
- InCharge reserves the right, without compensation to the client, to modify, restrict access to, or suspend the charging service or charging station for example, for updates, maintenance and error correction, or by force-majeure circumstances outside InCharge's control.
5 § Payment
- Use of the charge service in the form of charging history is stored for the registered chargecard or tag. The charging history becomes the basis for the estimated cost the customer will pay.
- Payment for the completion of charging happens in arrears.
- The customer is liable to InCharge for all use of the charging service implemented with the chargecard. (The client is not responsible for using the charging service when a customer notifies that a chargecard or tag has been lost according to 2 §. This does not apply if the customer by fraud or negligent action contributed to the unauthorised access.)
- Payment must reach InCharge on the due date indicated on the bill. When billing, InCharge has the right to charge a reasonable fee according to InCharge's current prices.
- If a timely payment is not executed by the customer then InCharge has the right to, in addition to the invoice amount, add interest under the Interest Act (1975: 635) to the invoice's due date as well as compensation for the costs associated with the delay. This also includes costs for written payment reminders and costs for the enforcement of payment or other obligations.
- InCharge has the right to indefinitely suspend a customer unless the conditions for payment are met. (See § 9 Validity)
6 § Consumption and data
For an updated version of how Vattenfall & InCharge handles personal data, please visit the Swedish version of the T&C's.
- InCharge will save the charging history for each customer (which includes, for example, information on the charging station used, the utilised electricity, the amount and time of use of the charge service.) The charging history is the basis for billing the customer.
- The customer agrees that data and data associated with the customer's use of the charge service and charging stations will be processed and stored by InCharge, other group companies or InCharge's partner in accordance with the Data Act (1998: 204) ( "PDA"), and to the extent it is needed for the administration and performance of the contract with the customer and related services. The data collected will also be addressed in connection with business and product development, statistics, marketing and customer analysis and direct marketing (provided that the customer has not announced that they oppose direct marketing from InCharge).
- The customer can request information free of charge on personal data once a year relating to how it has been used. The customer can also request that personal information, which has not been treated in accordance with PUL, be corrected, blocked or deleted. Additional information about personal data used by InCharge is available on http://www.goincharge.com/en/data-protection/
7 § Liability for defects, etc.
- InCharge is not responsible for any damage due to lack of compatibility between the customer's car and charging station, or because the customer uses the charging service or charging station in violation of the current applicable instructions and technical requirements, as set in this agreement or as InCharge otherwise makes available to the customer.
- InCharge is not responsible for incidental or consequential damages, attributable and arising from, the Customer's property and Customer's use of the charging service or charging station.
- The customer is not entitled to damages due to a charging station being closed or out of order.
- The customer is responsible for compliance of all guidelines and requirements in accordance with the instructions given by InCharge from time to time. This includes responsibility for the electric car the customer is using, in connection with the charging service meeting all the requirements for charging.
- The client is also responsible for the chargecard or tag not being used or misused by unauthorised persons.
- InCharge reserves the right to immediately block the charge card if abused, if there is a risk of unsafe use of the chargecard or tag, suspicion of unauthorised use, or risk to the customer if they cannot fulfil their obligations to InCharge.
8 § Transfer Agreement
- The customer acknowledges that InCharge in unchanged conditions may fully or partially transfer its rights and obligations under this agreement to another company within the same group or to another party that can reasonably be expected to fulfil the obligations under the contract satisfactorily.
- The customer is not entitled to transfer, assign their rights or obligations, wholly or partially, under the Agreement.
9 § Validity
These conditions apply continuously. InCharge has the right to terminate this agreement with immediate effect if the customer violates these terms or uses the charging service or a charging station in such a way that harm or damage occurs.
10 § Amendment of the conditions
InCharge has the right to change these terms. The customer is informed by email about the change at least two months before the change takes effect. The customer must in such cases, be informed two days after the email has been sent.
11 § Disputes
Disputes concerning the application or interpretation of the agreement and related matters must primarily be resolved through negotiation and agreement between the parties. Any dispute will be settled by court under Swedish law. Disputes may also be heard by the Complaints Board.
12 § Use of mobile application InCharge
InCharge offers via MOBILE CITY GmbH, a mobile application that enables stations to be found, as well as InCharge's charging stations where customers can pay.
InCharge reserves the right, at any time, without compensation to the client, to shut down the mobile application.
The customer is not entitled to damages because the mobile application is non-operational.
For payment via the mobile application InCharge, MOBILE CITY GmbH general terms and conditions apply (version: January 2015, as below):
- Mobile City (hereinafter referred to as MC) has developed a system for the management of payment for charging stations / charging posts (Mobile Payment System hereinafter referred to as MOPAS) with which the user of MOPAS system (the user) has to pay the charges for the use of electric charging posts (the charging fees) from operators of the charging infrastructure, which cooperates with the MC (the partner) via mobile communication techniques ( UMTS, GPRS, WLAN) or mobile phones. On behalf of, and in the partner's name, which is connected to MOPAS system, MC takes over the cashless final bill and collection of the resulting charge fees in relation to the user.
- MC sets an alternative system of payment by charging fees available to the user with MOPAS. The general terms and conditions (hereinafter referred to as TC) applies to the regulation of these achievements. Possible abnormal, obstructional or complementary TC do not form contractual content, even with pre-existing knowledge, except when their validity is consented to in writing. Possible prospectuses, advertising notice etc. from MC or a third party is not contain contractual elements, except as expressly referenced in writing in this document.
B) Function and using Mobile Payment Systems (MOPAS)
- Charging with MOPAS Smartphone application: The user can start and stop the charging by use of the equivalent Smartphone application - in which a previous registration was required according to § 3. The storage of the data occurs during a period of time agreed with the respective partners. Data only exists as a PDF receipt for distribution to users.
- Charging Fees: charging fees comply with the cost structure of the respective partners. Information about this, and the process in which the partner's charging fees occurred, as well as the charging fee's respective level, can be found by the user on the internet platform of the respective partners and / or the charging post for each respective partner.
- Service charge: Depending on the partner, a service fee is charged per charge. Information on which charging post / charging point has a service fee as well as the respective level of service fee, is found by the user on the internet platform of the respective partners and / or charging post / charging point for each partner.
- Payment of the charging fee: For proper payment of charging fees through the MOPAS system, in particular the proper starting and completion of loading, the users themselves are exclusively responsible. The user shall in particular ensure that they have a mobile radio network connection to be able to use it. The user is also responsible for using a debit card to pay for charging fees through a third party.
C) Registration Payment Card
- The specified data required for registration of the payment card and payment of the necessary charge fees arising from use in the charging stations is displayed below. Upon registration of a debit or credit card, the following information is necessary:
- E-mail address for receipt basis (optional)- Description of method of payment
- First name of credit card holder
- Surname of credit card holder
- Card issuer
- Credit card number
- Credit control number
- Valid date
- Registration is only possible if the user has accepted the TC.
- The payment of the charge made through the credit card user is indicated in the registration procedure.
D) The duty to pay charging fees
- The user's payment obligation: When the user registers their payment card, MC is instructed to gather in the usage from the charging stations, resulting in charging fees for partners. A refund from the user, because of objections or complaints with respect to the services received, is excluded from the deadline mentioned in § D figure 3.
- Selection of payment option: The user can select the payment for establishing their charging fees, wherein a preceding registration required by § 3 for payment of the letters a)
a) credit card (pay): MC is entitled to collect charges with charge payment via credit card. The invoice amount charged to the user's credit card in general, the 3rd of the month, but no later than the 15th of the month, following the invoice creation.
- Receipt Handling: The user can choose to receive a receipt sent out to the app's registered email address.
The user should submit objections about the debit within eight weeks after charging has been completed. The user's legal claims remain unaffected by this.
E) Data Protection
- The user gives his or her expressed consent to their personal data being stored and processed automatically. The user can at any time withdraw their consent with immediate effect. The use of MOPAS is thus no longer possible.
- MC ensures confidential treatment of information corresponding to the provisions of the Data Protection Act and is, to some extent, subject to the control of the country's jurisdiction concerning data protection.
- The information is used for the purpose of creating MOPAS system and charge the user by registered payment cards.
- The requirements of telecommunications and media law is used.
- MC is responsible for the user according to the legal provisions for damage, to the extent they may be returned to the intent or gross negligence or inadvertent violation of essential contract obligations from MC. In the case of simple negligence, MC's liability is limited to the contract for typical and foreseeable damage; This also applies to simple negligent breaches of duty by the legal representative and fulfilment assistance. Responsibility with respect to negligent injury to life, body or health remains unaffected.
- MC assumes no liability for the continuous availability of the MOPAS system, especially for the availability of the mobile network and the functionality of the mobile products. For damages, which result from, in particular, the non availability in MOPAS system, or by the shortening of misappropriated mediated data respectively, is not the result of intent or gross negligence of MC's side and is not therefore liable.
- The improper or non-successful completion of charging via a MOPAS system is not the responsibility of MC, to the extent that the fault lies within the responsibility of the network operator, partner or user.
- MC is not liable to the user for partner services, services from the company, which provide payment and other services from third parties, which are active in the aforementioned tasks.
G) Changes or additions to the general terms and conditions
- MC provides the user changes to the general terms and conditions in writing no later than six weeks before the date of their entry into force. If the user does not object to the date of entry into force in the terms of the consent given, then MC will inform the user specifically about this.The user is also entitled to terminate the user agreement before the changes take effect without delay and without charge. MC will also in particular disclose this right to terminate the user agreement.
- Other provisions remain unaffected if a provision of the TC is not in effect.
- All agreements made between the parties for the implementation of this agreement is written down in these General Terms and Conditions.