InCharge’s (“InCharge”) general terms and conditions regarding public charging service

 

Valid from 2021-10-01


 

1 § InCharge’s public charging service (the “Charging Service”)
1. InCharge offers through InCharge AB (“InCharge”) charging services to the public via its own charging stations and charging stations that a third party has connected to InCharge’s public network of charging stations, by opening them up for public usage.
2. The provisions in these terms and conditions which refers to the Charging Service and the customer’s usage of InCharge’s charging card or charging tag (i.e. purchase and payment of charging) include charging via the network InCharge’s charging stations (“InCharge Charging Stations”) as well as any public charging stations run by third parties who have an agreement with InCharge (“third party charging stations”).
3. All provisions in these terms and conditions which regulate the conditions regarding the charging station and other equipment (such as e.g. technical prerequisites, availability and responsibility) only include InCharge Charging Stations.
InCharge Charging Stations are shown in the mobile application InCharge.
4. These conditions also include other documents which constitute part of the parties’ agreement, e.g. service descriptions, order forms and confirmations of payment.

 

2 § Charging card and charging tag
1. In order to access the Charging Service and to use the InCharge Charging Stations and any possible third party charging stations, a separate charging card or charging tag is required. The charging card or the charging tag are obtained by applying and registering on www.goincharge.com.
2. InCharge will do a customary credit check on all potential customers.
3. InCharge sends the card to the customer after approval. InCharge reserves the right to deny the issuing of a charging card or charging tag.
4. The charging card is only functioning at InCharge Charging Stations and at any possible third party charging stations. The charging stations included in the network are apparent in the mobile application InCharge.
5. The cost for each respective charging opportunity is registered on the owner of the charging card or charging tag, i.e. usage of the Charging Service is each time considered to be an admission of charging and the entering into a purchase agreement between the customer and InCharge.
6. The card is a document of value. The customer undertakes to store the charging card or charging tag securely, thus prohibiting unauthorized persons from gaining access to the charging card or charging tag. Should the charging card or charging tag be lost, the owner thereof shall contact InCharge by phone (+46 20 52 62 00) in order to block the card. If any unauthorized transactions have been made, using the charging card or charging tag, the customer is to report thereof to the Police.
7. The charging card or charging tag may be changed as technology develops. The choice of identification methods is made by InCharge. At present, InCharge uses charging cards or charging tags. When using public charging stations, it is already possible to identify oneself in the InCharge application.
8. When using a discount code obtained from Vattenfall, the discount only applies when charging at Vattenfall's own public charging stations (such charging stations are specified as “Vattenfall” in the InCharge application) and not at any other charging station. The discount is valid from the date InCharge added the discount into its system and announced thereof to the customer. If the discount is connected to conditions which the customer needs to fulfill, e.g. special terms or other conditions, the customer who ordered the charging card or charging tag is liable to ensure that the discount code is valid and correctly stated, and also carries the burden of proof to ensure that the discount is justified in cases of checks. Regular checks are made in order to ensure that the customer who ordered the charging card or charging tag is entitled to discounts. Should the customer no longer be entitled to discounts, he or she must inform InCharge thereof by phone (+46 20 52 62 00). In cases of misconduct, the customer may be liable for a refund and the charging card or charging tag will be blocked. The discount only applies on payments using the InCharge charging card or charging tag and not upon payment by credit card via the InCharge application or other channels.
9. The customer shall immediately inform InCharge of any possible changes in the customer's address and/or e-mail address.
10. InCharge is entitled to deactivate charging cards or charging tags that have been inactive for more than two years.

 

3 § Equipment and use of InCharge Charging Stations
1. The customer undertakes to, when necessary, provide a Mode 3 Type 2-cable for AC charging at charging stations with Mode 3 Type 2 -sockets. Fixed cables are always available at InCharge’s fast charging stations.
2. Each charging station owner within the network InCharge is responsible for ensuring that the charging stations fulfill the applicable standards, laws and provisions.
3. The charging capacity is dependent on several factors, such as the electric car's technical prerequisites, the car battery’s charging level and the charging station’s capacity (including limitations in the electricity network), where the component with the lowest capacity will be decisive for the effect that the car can assimilate. InCharge can therefore not guarantee that charging of an electric car can be performed within any stated maximal time limit or accruing to any minimal effect.
4. Instructions on how to use InCharge Charging Stations are found at, or in connection to, the charging stations.

 

4 § Accessibility
1. The Charging Service is available to the customer around the clock. The availability may however in practice be limited by e.g. some charging stations not being accessible from time to time due to certain restrictions.
2. The accessibility for InCharge Charging Stations is communicated via the mobile application InCharge.
3. InCharge strives to ensure that the InCharge Charging Stations are operating as far as possible. Should an InCharge Charging Station be subject to technical errors, InCharge strives to correct the error as soon as possible.
4. InCharge reserves the right to, without making any compensations to the customer, change, limit the access to, or turn of the Charging Service or charging stations for e.g. updates, maintenance, error corrections or as a consequence of force majeure situations out of InCharge’s control.

 

5 § Payment
1. Usage of the Charging Service in the form of charging history is saved on the registered charging card or charging tag. The charging history forms basis for the variable costs payable by the customer. Fixed costs may also arise. The customer’s price structure is stated in the service description or the order form.
2. Payment for performed charging is made in arrears.
3. The invoices include a detailed compilation of the charging performed during the past billing period. Corrections for any missing or incorrect charges for an already invoiced period are set out to the following invoice.
4. If the customer has charged at InCharge Charging Stations or at third party charging stations in several countries during a billing period, the customer will be invoiced for every country in which the customer has charged.
5. The customer is liable for payment to InCharge for the usage of Charging Services performed with the charging card. (The customer is however not liable for usage of Charging Services having taken place after the customer has reported to InCharge that the charging card or charging tag is missing in accordance with section § 2. This does however not apply if the customer through fraudulent conduct or negligence contributed to the unauthorized usage.)
6. Payment is to be made available to InCharge on the invoiced due date at the latest. InCharge is entitled to charge reasonable fees for invoicing in accordance with current applicable price lists.
7. If payment is not made in time, InCharge is entitled to charge the customer, in addition to the invoiced amount, for interest under the Swedish Interest Act (1975:635) from the invoiced due date as well as for reimbursement for any costs related to the delay. This also includes costs for written invoice reminders as well as costs for the execution of payments and/or obligations.
8. InCharge is also entitled to disable a customer’s user rights if the conditions for payment have not been fulfilled. (See further section § 9 The validity of the agreement)
9. InCharge is entitled to charge an invoice fee for physical invoices.
10. InCharge is entitled to use an affiliated company for invoicing on InCharge’s behalf.
11. 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.
12. If the customer has used the charging card or charging tag outside the country where the charging card or charging tag is registered, the invoice will be issued in the customer's local currency. Currency conversion takes place per charging session and the exchange rate for each specific charging session is specified in the charging portal. The invoice that the customer receives will show the aggregated exchange rate based on the charging sessions of the invoiced period.

 

6 § Consumption data and personal data
1. InCharge will save charging history for every customer (which includes e.g. information regarding which charging stations have been used, the electricity charged, amount and time for the usage of the Charging Service, etc.). The charging history forms the basis for invoicing the customer.
2. Personal data and data connected to the customer’s usage of the Charging Service and the charging stations will be processed and stored by InCharge, other group companies and InCharge’s partners in accordance with applicable legislation and to the extent necessary for administration and fulfillment of the agreement with the customer and services related thereto.
3. Collected data will also be processed in connection with business and product development, statistics, market and customer analysis as well as direct marketing (provided that the customer has not reported to InCharge that he or she opposes direct marketing). This processing is made on the basis of InCharge’s legitimate interest. Data collected is stored during the period when you have an active agreement with us, and thereafter for the time necessary to finalize your contractual relationship with InCharge.
4. Personal data is normally not shared with companies outside of the EU or EEA area. Should this however take place, InCharge will ensure that all legal conditions are fulfilled.
5. The customer is entitled to obtain information once a year on how personal data concerning the customer is processed. The customer can also demand that personal data not processed in accordance with applicable legislation is rectification, blocked or erased. Further information regarding InCharge’s processing of personal data can be found on http://www.goincharge.com/se/footer-utility-pages/personuppgifter/.
Data protection officer for Vattenfall AB is reached by email on dpo.nordics@vattenfall.com.

 

7 § Liability for errors, etc.
1. InCharge is not liable for damages which occur due to deficient compatibility between the customer’s car and the charging stations, or as a result of the customer using the Charging Service or the charging station contrary to the current applicable instructions and technical requirements set out in this agreement, or which have been otherwise made accessible to the customer by InCharge (or any third party in regard to third party charging stations).
2. InCharge is not liable for indirect damages or consequential damages attributable to damages on the customer’s property which arise as a result of the customer’s usage of the Charging Service or the charging station.
3. The customer is not entitled to damages as a result of the cancellation of a charging station or if a charging station is out of order.
4. The customer shall follow 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 liability to ensure that the electric car used by the customer in connection to the Charging Service fulfills all the requirements for charging.
5. The customer shall also ensure that the charging card or charging tag is not used by unauthorized persons.
6. InCharge is entitled to, effective immediately, block the charging card in cases of misconduct, if there is a risk of unsafe use of the charging card or charging tag, suspicion of unauthorized usage or a risk that the customer is not fulfilling its obligations towards InCharge.
7. InCharge is not in any case liable for damages, operations or accessibility as regards third party charging stations.

 

8 § Transfer of agreement
1. The customer accepts that InCharge may in part or fully transfer its rights and obligations under this agreement, while maintaining the same conditions, to another company within the same group or to another party which can reasonably be expected to fulfill the obligations under this agreement in a satisfactory manner.
2. The customer is not entitled to, in part or in whole, transfer or lease its rights and obligations under this agreement.

9 § The validity of the agreement
These terms and conditions apply until further notice and with two months’ notice. InCharge is entitled to cancel this agreement, effective immediately, if the customer breaches these terms and conditions or uses the Charging Service or charging station in such a way that is inconvenient or harmful to InCharge.

 

10 § Amendment of conditions
InCharge is entitled to change these terms and conditions provided that the customer is notified of the change by e-mail at least two months prior to the enforcement of the change. The customer shall then be regarded as having been notified two days after the e-mail has been sent.

 

11 § Dispute resolution
Disputes regarding the application and interpretation of this agreement and its related issues shall in the first place be resolved by negotiation and agreement between the parties. Any arbitration proceedings shall be ruled by a district court, wherein Swedish legislation applies. Disputes can also be tried by the National Board for Consumer Disputes in Sweden (Sv. Allmänna reklamationsnämnden).