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, 3RD 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.
