We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) on the l-charge.uk website (“Website” or “Service”) and any of its related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.
This Policy is a legally binding agreement between you (“User”, “you” or “your”) and L-charge (doing business as “L-charge”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Collection of personal information
You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address).
We receive and store any information you knowingly provide to us when you make a purchase, or fill any forms on the Website. When required, this information may include the following:
• Contact information (such as email address, phone number, etc)
• Basic personal information (such as name, country of residence, etc)
• Any other materials you willingly submit to us (such as articles, images, feedback, etc)
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.

Privacy of children
We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Website and Services. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Website and Services, please contact us to request that we delete that child’s Personal Information from our Services.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

Use and processing of collected information
We act as a data controller and a data processor in terms of the GDPR when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.
Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Website and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information and we comply with data controllers’ obligations set forth in the GDPR.
We act in the capacity of a data processor in situations when you submit Personal Information through the Website and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller in terms of the GDPR.
In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
• Create and manage user accounts
• Deliver products or services
• Send administrative information
• Send marketing and promotional communications
• Send product and service updates
• Run and operate the Website and Services
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Website and Services.
We rely on the following legal bases as defined in the GDPR upon which we collect and process your Personal Information:
• User’s consent
Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases above. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Payment processing
In case of Services requiring payment, you may need to provide your credit card details or other payment account information, which will be used solely for processing payments. We use third-party payment processors (“Payment Processors”) to assist us in processing your payment information securely.
Payment Processors adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with strict vulnerability standards in order to create as secure of an environment as possible for Users. We will share payment data with the Payment Processors only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries related to such payments and refunds.
Please note that the Payment Processors may collect some Personal Information from you, which allows them to process your payments (e.g., your email address, address, credit card details, and bank account number) and handle all the steps in the payment process through their systems, including data collection and data processing. Where necessary for processing future or recurring payments and subject to your prior consent, your financial information will be stored in encrypted form on secure servers of our Payment Processors. The Payment Processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.

Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our trusted subsidiaries and joint venture partners, affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Website and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.
Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes.
We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.
We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Transfer of information
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. The transfer of your Personal Information to countries outside the European Union will be made only if you have explicitly consented to it or in the cases provided for by the GDPR and will be processed in your interest.
You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.

Data protection rights under the GDPR
If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
(i) You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal bas is for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
(ii) You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.
(iii) You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.
(iv) You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.
(v) You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defense of legal claims, for the protection of the rights of another natural, or legal person or for reasons of important public interest.
(vi) You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defense of legal claims.
(vii) You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.
(viii) You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

California privacy rights
Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.
In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.
Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.

How to exercise your rights
Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.
You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Cookies
Our Website and Services use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You may learn more about cookies and how they work here.
We may use cookies to collect, store, and track information for security and personalization, and for statistical purposes. Please note that you have the ability to accept or decline cookies. Most web browsers automatically accept cookies by default, but you can modify your browser settings to decline cookies if you prefer.

Data analytics
Our Website and Services may use third-party analytics tools that use cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on User activity such as how often Users visit our Website and Services, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our Website and Services.

Do Not Track signals
Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information.

Social media features
Our Website and Services may include social media features, such as the Facebook and Twitter buttons, Share This buttons, etc (collectively, “Social Media Features”). These Social Media Features may collect your IP address, what page you are visiting on our Website and Services, and may set a cookie to enable Social Media Features to function properly. Social Media Features are hosted either by their respective providers or directly on our Website and Services. Your interactions with these Social Media Features are governed by the privacy policy of their respective providers.

Email marketing
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Affiliate links
We may engage in affiliate marketing and have affiliate links present on the Website and Services for the purpose of being able to offer you related or additional products and services. If you click on an affiliate link, a cookie will be placed on your browser to track any sales for purposes of commissions.

Links to other resources
The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.

Information security
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.
Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

Data breach
In the event we become aware that the security of the Website and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website, send you an email.

Changes and amendments
We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification on the main page of the Website, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

Contacting us
If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below:
info@l-charge.org
We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.

This document was last updated on December 22, 2021

These terms and conditions of use (“Terms and Conditions”) govern the use of the software applications, websites, contents, products and services as more particularly described on the App and the Website (“Services”) or access thereto provided by L-CHARGE OPERATIONS UK LIMITED, being a proprietary company established in Great Britain with an address at SUITE 1, 3^RD FLOOR, 11-12 ST JAMES’ SQUARE, LONDON, UNITED KINGDOM, SW1Y 4LB, registered in the British Chamber of Commerce with number 14073351 in the territory of Great Britain ( “L-Charge”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU GAIN ACCESS TO THE SERVICES OR USE THEM.

By accessing and using the Services you expressly consent to the Terms and Conditions, which establish contractual relations between you and L-Charge. If you do not accept the Terms and Conditions, you may not gain access to the Services or use them. These Terms and Conditions explicitly supersede any and all preceding agreements or contractual arrangements with you. L-Charge may instantly by written notice (which, for the avoidance of doubt may be via the Website or the App) cancel/terminate the Agreement, the Terms and Conditions or any Services, discontinue to offer you the Services generally or deny you access to the Services or to any part thereof at any time at its sole discretion.

Additional terms and conditions (“Additional Terms and Conditions”) may apply to certain Services such as policies regarding particular promotional cases, activities or events. For this purpose, such Additional Terms and Conditions will be revealed to you in connection with the appropriate Services via the App, email newsletter, official channels in social media platforms or the Website. The Additional Terms and Conditions are a supplement to the Terms and Conditions to provide the appropriate Services and shall be deemed to form part of the Terms and Conditions. The Additional Terms and Conditions shall take precedence over the Terms and Conditions if they come into a conflict therewith in respect of the appropriate Services.

Occasionally, L-Charge may change the Terms and Conditions related to the Services being provided. The amendments shall come into force immediately after L-Charge publishes herein the updated Terms and Conditions or a policy with the amendments made or publishes the Additional Terms and Conditions for provision of the appropriate Services. The use of the Services after publication shall be deemed to be consent to a revised version of the Terms.

Collection and use of personal data in connection with Services provided in the United Kingdom and/ or the European Economic Area takes place in accordance with the L-Charge confidentiality policy found at https://l-charge.uk L-Charge may provide complaints handlers or an underwriter with any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include a casualty involving you.

When you make use of the Services, you also agree to L-Charge’s processing of your personal data in line with the terms of L-Charge’s confidentiality policy.

1. DEFINITIONS

1.1. Application or App – L-Charge software application for mobile devices running on iOS or Android operating system.

1.2. EV – means [an electronic vehicle].

1.3. Charging Station – a unit arranged on a specially equipped truck provided by L-Charge (“Mobile Charging Station”) or stationary station (“Stationary Charging Station”) allowing Users to charge their EVs.

1.4. Service Area – a territory or exact locations in which L-Charge offer to provide the Services and specified in the App or on the Website.

1.5. Start Date– the date on which L-Charge starts to provide the Services.

1.6. User – a physical entity using the Application or the Website.

1.7. Website – website of L-Charge at: https://l-charge.eu/.

2. SCOPE AND MANNER OF SERVICES

2.1. L-Charge provides Services for charging the User’s EV using the Charging Station.

2.2. The Services are provided by placing an order by a User through the App to call for a Mobile Charging Station to come to the User’s EV to the address stated by the User (for the avoidance of doubt, such address must be located within the Service Area) or charging EV at Stationary Charging Station.

2.3. The App and Website allow the Users to buy the following services within the scope of the Services being provided;

• information on availability of a Charging Station;

• possibility to call for a Mobile Charging Station to the appropriate Service Area; and

• payment for the Services.

2.4. The EV is to be charged solely by the L-Charge personnel and the User shall not use any equipment provided by, or controlled by, L-Charge.

3. PROCEDURE FOR CONCLUDING THE AGREEMENT (ACCEPTANCE OF AN OFFER)

3.1. Acceptance of the Terms and Conditions by the User shall be deemed to be concluded at the moment the User has registered in the App or on the Website.

3.2. Calling a Mobile Charging Station or charging EV at Stationary Charging Station or paying for the Services means the consent of the User with all the essential conditions for EV charging as defined by L-Charge and posted in the App or on the Website.

3.4. By using the Services, the User confirms that all Services and L-Charge related requirements (including the Terms and Conditions and all Additional Terms and Conditions as amended from time to time) and all applicable laws will be adhered to.

3.5. The User shall be advised of the Start Date by L-Charge by the sending by L-Charge of a notice to an e-mail specified by the User during registration as well as by placing an ad in the App and Website.

3.6. When registering in the App or on the Website as well as when using the Services, you agree to receive the text messages (SMS/email), which are a part of normal trade activity when you make use of the Services.

4. COST OF SERVICES AND TERMS OF PAYMENT

4.1. In the case of the Service cost differing in the App and on the Website, the cost quoted in the App shall prevail.

4.2. The price Users for EV charging is specified in the App and on the Website to be updated from time to time.

4.3. Users may purchase a monthly subscription for a fixed monthly payment. The price for subscription Users for EV charging is specified in the App and on the Website, to be updated from time to time.

4.4. The Services shall be paid by bank transfer involving an authorized payment processor or electronic funds processor and shall be regulated by the rules of the international payment systems (IPS), banks (including the User’s card emitting bank) and those of other settlement participants.

4.5. To effect the payment the User shall link their bank card to the App or the Website. L-Charge has no access to the User’s bank card data and bears no responsibility for the security or confidentiality of the data transferred when making non-cash payments.

4.6. In the process of charging, part of the monetary funds can be suspended on the bank card account pending payment to L-Charge according to the price of the Services.

4.7. Upon completion of the charging, the unused part of the suspended funds shall return to the User’s bank card account and the actual charging amount shall be written down and retained by L-Charge.

5. THE TERMS OF REFUND

5.1. If the User disputes the fact or amount of cashless payment, the User shall have a right to apply to L-Charge via e-mail or via the “feedback” function in the App or on the Website within 5 (five) calendar days from the date of wire transfer or due to other actions or events that caused a reason for a request.

5.2. In case L-Charge makes a decision, following the audit results with regard to such request, to refund the wire transfer amount in whole or in part, the said refund shall be effected to the bank card account of the User from which the wire transfer was made.

5.3. The refund shall be executed involving the authorized payment processor or electronic funds processor and shall be regulated by the rules of the international payment systems (IPS), banks (including the emitting bank of the Linked card) and those of other settlement participants.

6. USER RESPONSIBILITY

6.1. When registering, the User is to present accurate and reliable data as requested in the App or on the Website, as well as indicating the User’s email address and contact phone number.

6.2. The User shall not pass their login and password assigned during registration to third parties, and shall maintain the security of logins and passwords.

6.3. The User shall provide the EV to be available at the address and ensure access to the charge port.

6.4. The User shall be present at each EV charging process. In the process of charging, except for the purposes of the L-Charge personnel completing the charging process, the User shall not pass on the keys and shall not give access to the electric vehicle to any third persons including L-Charge personnel.

6.5. When, in the reasonable opinion of the User, the Services have been performed with poor quality or didn’t meet the User’s order stated in the App or on the Website, the User shall promptly transfer the information and reasoning to L-Charge e-mail or by using the “feedback” function in the App or on the Website, attaching photos/videos and description of faults.

6.6. The User shall make sure that the EV being charged by the Charging Station and any auxiliary equipment, used by the User for charging his car (including, for example, electric energy converters, adapters or cables), serve their purpose, are of high quality and are free of damages and comply with all applicable legislative provisions.

6.7. The User shall notify L-Charge without any delay, if they think that their User account was used by an unauthorized person or in unauthorized manner or the User’s mobile device containing the App has been lost.

7. RESPONSIBILITY OF THE PARTIES AND ITS LIMITATION

7.1. The User shall be responsible for:

7.1.1. Correct charging process including compatibility of the Charging Station and EV to be charged.

7.1.2. Comply with the EV charging rules, parking rules and other instructions shown on the Charging Stations or those received from L-Charge personnel.

7.1.3. Safe keeping and confidentiality of login and password from their account in the App or on the Website.

7.2. L-Charge shall not be liable in respect of:

7.2.1. Continuous availability and health of the App or Website.

7.2.2. Temporary suspension of the charging order Services in the App and on the Website.

7.2.3. Consequences of loss or theft of the User’s mobile device containing the App and its unauthorized use by a third person.

7.2.4. Any delay or for failure to perform its obligations to the extent that such delay or failure is directly caused by an event beyond the reasonable control of L-Charge which is not attributable to its fault or negligence (“Force Majeure Event”).

7.2.5. Any indirect losses or damages such as loss of revenue or damage to relations between the User and the third parties except for responsibility as stipulated by the current legislation.

7.3. L-Charge shall not bear responsibility in the case of improper charging quality or any damage to the User’s property which has been caused due to the faults of the EV or tools and auxiliary equipment used during charging.

7.4. L-Charge shall not bear responsibility for indirect, incidental, contingent, actual, punitive or consequential damages including the missed or lost profit, lost data, financial damages related to the services or otherwise stipulated by the use of the services, even if L-Charge has been notified on possibility of such losses. L-Charge shall not bear responsibility for any losses, obligations or damages resulted from services that you use or from your actions with a view to the Services or your lack of the capacity to access the Services or to use the Services. Under no circumstances shall the total aggregate liability in any one calendar year of L-Charge towards you exceed 5 000 (five thousand) EUR with regard to all the losses, damage and causes of action.

8. OTHER TERMS AND CONDITIONS

8.1. The User confirms that they are competent and have attained the age required to sign the agreement in accordance with the legislation of England and Wales.

8.2. L-Charge shall have a right, at its sole discretion, to limit the access for the User to the App or Website (or to specific functions of the App or Website, if it is technologically feasible) to use their account or to completely freeze the User’s account in case of repeated infringement of the present Agreement or to apply other measures to the User in order to comply with the law or the rights and legitimate interests of the third parties including but not limited to the following cases:

8.2.1. The User provided invalid personal data.

8.2.2. The User fails to perform their payment obligations.

8.2.3. There are grounds to suspect (at L-Charge’s sole discretion) that the L-Charge App or the Services are used other than as intended.

8.3. L-Charge shall have a right at any time to change the present Agreement, by updating the Terms and Conditions via the Website or the App. L-Charge shall notify the User of such change via the Website or the App following publication of the updated Terms and Conditions. A risk of failure to familiarize with the revised version shall be borne by the User and continuation to use the App after the revisions have been made shall be deemed as consent to the revised version of the Terms and Conditions.

8.4. You may not either assign or transfer the present Terms and Conditions in full or in part without prior written approval by L-Charge. You give your consent that L-Charge may assign or transfer the Terms and Conditions in full or in part, among others, to: (i) a subsidiary company or affiliated entity; (ii) a purchaser of shares, business or assets of L-Charge; or (iii) to a successor as a result of consolidation of the companies forming part of L-Charge’s group of companies or controlled by L-Charge’s owner(s). Relations between you, L-Charge and third party vendors do not form any joint venture, partnership, agency or relations of employment although there is the agreement signed between you and L-Charge or due to the use of the Services by you.

8.5. When, by force of law, any provision of the present Terms and Conditions be declared illegal, invalid or rendered unenforceable in full or in part, then, such provision or part thereof shall be deemed excluded from the present Terms and Conditions to the respective extent and legitimacy, validity and possibility to execute the rest of the present Terms and Conditions will not be disregarded. If this occurs, the parties shall substitute illegal, invalid or unenforceable provision (or the offending part) with a provision (or, where applicable, a part of a provision) which is deemed legal, valid and enforceable and bears maximum similarity with regard to illegal, invalid or unenforceable provisions (or the offending part) considering the scope and objective of the present Terms and Conditions.

9. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

9.1. L-Charge will process all personal data that it collects in connection with the Services (including where obtained via the App or the Website) in compliance with the [confidentiality] policy.

9.2. By accepting these Terms and Conditions, the User agrees to the processing of their personal data by L-Charge for the purposes described in the [confidentiality] policy.

9.3. In accordance with its obligations under applicable data protection legislation, L-Charge maintains the confidentiality and integrity of personal data that it processes.

10. LICENSE

10.1. Provided you follow the Terms and Conditions, L-Charge shall grant you royalty-free, limited, non-exclusive, non-sublicensable, revocable, nonnegotiable license for: (i) access to the App and to the use of the Apps on your personal device solely for the use of the Services by you; and (ii) use of any contents, information and related materials and access thereto, which can be presented by providing the Services in each case wholly for your private, noncommercial purposes. Any rights, not explicitly provided herein, shall be reserved by L-Charge and its licensors.

10.2 The license referred to in clause 10.1 shall automatically terminate without notice upon termination of this Agreement.

11. APPLICABLE LAW

11. The Terms and conditions shall be regulated and interpreted solely in accordance with the law of England and Wales and the English courts have exclusive jurisdiction to determine any dispute arising in connection with the Agreement, including disputes relating to any non-contractual obligations.