InCharge's general terms and conditions concerning public charging service

(Valid from 2021-06-15)


§ 1 InCharge's public charging service
1. InCharge, by Vattenfall AB, offers charging services to the public at their own charging stations and on charging stations that a third party has connected to InCharge’s public network of charging stations, by opening them up for public usage (“InCharge Charging Stations”).   
2. 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 at InCharge Charging Stations and possible public charging stations run by third parties who have an agreement with InCharge (“third party charging stations”).
3. All provisions of these terms governing relations for the charging station and other devices (such as technical conditions, availability, and responsibility) comprises only of InCharge Charging Stations. InCharge Charging Stations can be viewed in the mobile application InCharge.
 
§ 2 Chargecard and tag
1. To access the charging service and to use InCharge Charging Stations and possible third party charging stations, a separate charge card or tag is required. The charge card or tag is obtained by a notification registered on www.goincharge.com
2. InCharge may conduct a customary credit assessment of the potential customer.
3. InCharge sends the card for approval to the customer. InCharge reserves the right to refuse the issue of the chargecard or tag.
4. The charge card only applies to InCharge Charging Stations and possible third party charging stations. The network, including charging station owners, can be viewed in the mobile application InCharge.
5. 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 InCharge.
6. The charging card carries value. It is at the customer's discretion to store the charge card or tag so that unauthorised persons cannot access it. If the charge card or tag is lost, the holder should promptly contact InCharge at 020-52 62 00. InCharge will block the charge card or tag and send a free replacement chrage card or tag. If unauthorised transactions have been made with the charge card or tag, the customer should make a report to the police.
7. If a discount code obtained by Vattenfall is used it is only valid at public charging stations owned by Vattenfall (named “Vattenfall” in the InCharge app) and not at any other InCharge Charging Stations. The discount is valid from the date on which InCharge has registered the code into the system and informed the customer concerned about this. In case the discount requires the customer to fulfil certain obligations or conditions, it is the customer who ordered the chargecard or tag that is responsible for the discount code to be valid and correctly entered. It is also the customer that carries the burden to prove that he or she is entitled the discount at any control. Regular controls are set up to ensure that customers who ordered the charge card or tag are entitled the discount. If the customer no longer is entitled the discount, he or she must inform InCharge via telephone number 020-52 62 00. In case of abuse of discount code, the customer will be responsible for reparation and the charge card or tag will be deactivated. The discount is only valid for transactions made with the InCharge chargecard or tag, not through the InCharge app or any other payment method.
§ 3  Equipment and using InCharge Charging Stations
1. 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.
2. Each respective charging station owner within the InCharge network is responsible for making sure the charging stations meet the applicable standards, laws and regulations.
3. 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 cannot guarantee that the charging of an electric car will be implemented within a maximum validity period, or with minimum impact.
4. Instructions on how InCharge Charging Stations are to be used can found on or in connection with the charging stations.
§ 4 Availability
1. 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.
2. The availability of InCharge Charging Stations is communicated through the mobile application InCharge. 
3. InCharge strives to make sure that InCharge Charging Stations should be as operational as possible. If a charging station is affected by a malfunction, InCharge will fix the error as soon as possible.
4. 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
1. 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.
2. Payment for the completion of charging happens in arrears.
3. 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.)
4. 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.
5. 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.
6. InCharge has the right to indefinitely suspend a customer unless the conditions for payment are met (See § 9 Validity).
7. When third party charging stations have been used, InCharge is entitled to use the data for the charging, received by InCharge from a third party, for invoicing purpose.  
§ 6  Consumption and data
For an updated version of how Vattenfall and InCharge handle personal data, please visit the Swedish version of the terms and conditions.
https://www.goincharge.com/se/footer-utility-pages/villkor/

1. 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.
2. 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 applicable legislation, 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).
3. The customer agrees that collected data about the customer will be processed for purposes such as product development, statistics, marketing and customer analysis as well as direct marketing (under the premise that the customer has not reported to InCharge that he or she opposes direct marketing). This processing of data is founded on InCharge’s legitimate interest. Data that is collected is saved during the time the customer has a valid agreement with us and during the period necessary to govern the customer’s final contractual relationship with InCharge.
4. Personal data is generally not released to businesses in countries outside EU or EES-area. If that nevertheless would be the case, InCharge assures that all contractual rights will be met.
5. 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.
1. 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 (or any third party in regard to third party charging stations) otherwise makes available to the customer.
2. InCharge is not responsible for incidental or consequential damages, attributable and arising from, the customer's property and the customer's use of the charging service or charging station.
3. The customer is not entitled to damages due to a charging station being closed or out of order.
4. The customer is responsible for compliance of all guidelines and requirements in accordance with the instructions given by InCharge (or any third party in regard to third party charging stations) 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.
5. The client is also responsible for the charge card or tag not being used or misused by unauthorised persons.
6. InCharge reserves the right to immediately block the charge card if abused, if there is a risk of unsafe use of the charge card or tag, suspicion of unauthorised use, or risk to the customer if they cannot fulfil their obligations to InCharge.
7. InCharge is not in any case liable for damages, operations, or accessibility as regards third party charging stations.  
§ 8 Transfer Agreement
1. 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.
2. 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 will be informed by email about the change at least two months before the change takes effect. In that case, the customer is considered to have been notified 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.