Charge Node Europé AB’s (”ChargeNode”) General Terms and Conditions for users regarding the ChargeNode battery charging service.
Valid from 1/1/2020.
ChargeNode provides battery charging services at charging stations owned by third parties and which are public and non-public. All charging stations are considered to be connected to ChargeNode’s charging station network.
The provisions of these terms and conditions address the Service and the use of the ChargeNode app (i.e. the purchase and payment for battery charging) and apply to battery charging at the ChargeNode charging station network. Charging stations that are part of the ChargeNode network are clearly marked with the ChargeNode logo.
To access the Service and use the ChargeNode charging stations, the user must first download the ChargeNode App and register with it. The app can be downloaded from www.chargenode.eu/ladda
ChargeNode may carry out a routine credit check of the User.
The app only applies to charging stations that are part of the ChargeNode network. The network includes public and non-public charging stations. Every instance of the app confers the right to charge batteries at public charging stations, but may be restricted in non-public locations depending on the charging station owner’s setup.
The cost of each battery charge is registered under the holder of the app. In other words, use of the Service at any time is deemed to be an acknowledgement of battery charging and the conclusion of an agreement for the purchase of battery charging between the User and ChargeNode, or the charging station owner connected to ChargeNode.
The User agrees to keep his or her user name and password confidential to prevent unauthorized access. If transactions are made through the unauthorized use of the User’s personal data, the User must notify the police.
As necessary, the User must provide a Mode 3 Type 2 cable for AC charging at stations with Mode 3 Type 2 sockets.
Charging station owners in the ChargeNode network must make sure the charging stations comply with applicable standards, laws and regulations.
Charging capacity depends on multiple factors, such as the technical characteristics of the electric vehicle, the level of charge in the vehicle battery and charging station capacity. The component with the lowest capacity will determine the output the electric vehicle can accept. ChargeNode cannot guarantee that charging an electric vehicle will be possible within any maximum specified time limit or at a minimum output. Furthermore, battery charging ordered through the ChargeNode app places users in a charging queue, based on the charge required and departure time. Because loads vary at any given time, the User cannot be guaranteed a certain charge. However, the User will only pay for the charge received.
Instructions on how to use ChargeNode charging stations are provided at or in the vicinity of the charging stations.
The Service is available to the User 24 hours a day, but in practice the ability to charge may be limited, for example, by the fact that some charging stations are not accessible at certain times due to special restrictions.
ChargeNode endeavours to keep charging stations in the ChargeNode network operational to the greatest extent possible. Should a charging station suffer a technical fault, ChargeNode will try to correct the fault as quickly as possible.
ChargeNode reserves the right, without compensation to the User, to change, limit access to, or suspend the Service or charging station for such things as updates, maintenance and repair or as a result of force majeure.
Use of the Service in the form of charging history is filed under the registered User account. The cost to the User is calculated based on the battery charging history.
Payment in arrears for completed charges take place on the 28th of every month. The user undertakes to make sure sufficient funds are available on the credit or debit card when payment is due. ChargeNode has the right to continue charging the fees and to make further attempts to complete the payment until the fee is settled.
The User is liable to ChargeNode for all use of the Service conducted under the User’s account.
The user is responsible for providing updated payment card details. See §12 for use of the ChargeNode mobile application.
Under the Swedish Interest Act (1975:635), if payment is not made on time, ChargeNode will have the right to claim interest on the invoice amount from the due date specified in the invoice, and also for compensation for the costs associated with the delay. It also includes costs for written past-due reminders and costs for the enforcement of payment or other obligations.
ChargeNode also has the right to suspend a User’s account if payment conditions are not met.(Refer also to §9 Validity.)
Once the user has registered his or her payment method, ChargeNode has the right to debit the User for the Service described under §5. The User does not have the right to a refund for the use of the Service.
ChargeNode will retain the charging history for each User (which includes such things as information about the charging station used, electrical power consumed, the time the Service was used and the amount.) The charging history forms the basis for invoicing Users.
Personal information and data relating to the User’s use of the Service and its charging stations will be processed and stored by ChargeNode and other Group companies or ChargeNode partners in accordance with applicable law and to the extent necessary for the administration and fulfilment of the user agreement and associated services.
Data collected will also be processed in connection with business and product development, statistics, market and user analyses and direct marketing (provided that the User has not notified ChargeNode that he or she is opposed to direct marketing). Such processing is based on ChargeNode’s legitimate interests. Information collected will be retained while the User has an active agreement with us and then for the time necessary for the User to settle his or her contractual relationship with ChargeNode.
As a rule, personal data is not disclosed to companies in countries outside the EU or EEA. Should this nevertheless occur, ChargeNode will make sure all legal conditions are met.
Users can receive information free of charge once a year about the processing of personal data relating to them. Users may also request that personal data that has not been processed in accordance with applicable law be rectified, blocked or erased. Further information about personal data at ChargeNode is available at www.chargenode.eu/privacypolicy.
ChargeNode accepts no liability for any damage caused by incompatibility between the User’s vehicle and the charging station, or use of the Service or charging station in contravention of the instructions and technical requirements in force at any given time and as described in this Agreement or otherwise made available to the User by ChargeNode.
ChargeNode accepts no liability for any indirect or consequential damages relating to damage to the User’s property arising out of the use of the Service or the charging station by the User.
The User does not have the right to damages due to the closure or malfunction of a charging station.
The User must comply with all policies and requirements in accordance with the instructions issued by ChargeNode from time to time. This includes making sure that the electric vehicle used by the User in conjunction with the Service meets all charging requirements.
The User must also make sure that his or her user account cannot be used or misused by unauthorized persons.
ChargeNode reserves the right to immediately block the User’s account if there is a risk of unsafe use, suspicion of unauthorized use or a risk that the User will fail to fulfil his or her obligations to ChargeNode.
The User acknowledges that ChargeNode may, subject to the same terms and conditions, transfer in whole or in part its rights and obligations under this Agreement to another company within the same Group or to another party which may reasonably be expected to fulfil the obligations under this Agreement in a satisfactory manner.
The User does not have the right to transfer or grant to others, in whole or in part, the use of his or her rights or obligations under the Agreement.
These terms and conditions apply to the agreement until further notice. ChargeNode has the right to terminate this Agreement with immediate effect if the User violates these terms and conditions or uses the Service or a charging station in such a way as to cause nuisance or damage to ChargeNode.
ChargeNode has the right to amend these terms and conditions provided that the User is notified of the amendment via the App or by email at least 14 days prior to its taking effect. In such cases, the User will be deemed notified two days after the email is sent or the update is made known in the app.
Disputes relating to the application or interpretation of the Agreement or related issues is matter for settlement in the first instance by negotiation and agreement between the Parties. Disputes may also be settled in general court, in which case Swedish law will apply. Disputes may also be reviewed by the National Board for Consumer Disputes.
ChargeNode offers a mobile application that enables users to find stations and pay for charging at ChargeNode charging stations. ChargeNode reserves the right to close the ChargeNode mobile application at any time, without compensation to the User. The User does not have the right to damages because the ChargeNode mobile app is out of service.
§A Function and use of the ChargeNode payment solution
§B Payment card registration
§C Obligation to pay battery charging fees and service fees.
§D Data protection
§G Changes or additions to the General Terms of Trade