ELECTROMAPS, S.L. (hereinafter referred to as "ELECTROMAPS") is a company that is duly incorporated under Spanish law, with Spanish TIN (Fiscal Identification Code) B-66513524, registered office at Carrer Foc, 68, 08038-Barcelona, e-mail firstname.lastname@example.org, and duly registered in the Mercantile Registry of Barcelona, Volume 44,765, folio 59, page 465,816, Entry 1.
ELECTROMAPS is the owner of a service engaged in searching for, contracting and rendering services related to charging electric vehicles, without ELECTROMAPS being the owner of any electric charging infrastructure (hereinafter jointly referred to as the "Service").
This document (hereinafter referred to as the "General Terms and Conditions") is binding on anyone (hereinafter referred to as the "User") who makes use of the Service in any of the referred modes, including browsing the Website and on the Application. The mere use of the Service implies the acceptance of these General Terms and Conditions.
2.1. Application: the most recent version of the ELECTROMAPS application for mobile devices, available in app stores, for use by Users, and which offers electric vehicle charging management solutions, among others. After prior registration, the Application allows the Customer to geographically identify the charging points, as well as to interact (turn on and off) with those charging points where it is allowed, perform the charging operation and pay directly for the services provided. It is also possible to add information about the infrastructure such as photographs, comments, experience rating, include new charging points, indicate the status of the charging points (whether it is working or not), and obtain invoices for the services used.
2.2. Charging: the charging made by any User, prior identification through the established system.
2.3. Account: ELECTROMAPS User account, registration and use of which is required by the Users for the use of the Portal and the Charging Service, including the use of the Application, and registration can made through the Portal or Application.
2.4. Portal: the Website once the personalized Internet site is registered for the User, since it is made available by ELECTROMAPS to locate Charging Points and manage the Charging. After registering, the Portal allows the User to identify where the Charging Points are geographically located as well as provide real-time information on them.
2.5. Charging Point: any equipment that allows an electric vehicle to be charged through the ELECTROMAPS Application.
2.6. Migration Period: period during which the transition between the old version of the Application and the new version will take place, with all the changes that this entails.
2.7. Website: the most recent version of the website corresponding to the domain name www.electromaps.com, including all its language versions published by ELECTROMAPS.
2.8. User: any natural or legal person using the Service, by browsing the Website or using the Application to locate charging points and energy and economic management of the electrical charging. In order to become a User, the following requirements must be met:
i) The person must be 18 years of age or older.
ii) The individual must truthfully complete the mandatory fields of the registration form in which personal data are requested. In the case of use of Services that require payment, the phone number, complete address, billing information and credit card number will also be requested.
iii) The individual must accept the Cookies Policy.
iV) The person must accept the Privacy and Data Protection Policy.
V) The individual must accept these General Terms and Conditions.
2.9. Wallet: virtual wallet in which ELECTROMAPS will include promotional money, as well as the remaining balance that was in the old application, which can be used as a payment method at the Charging Points.
3.1. Access to certain features of the Service will require the User to register in advance by creating an Account and expressly accept these General Terms and Conditions. By creating the account the User will benefit from the features of geographic identification of Charging Points, receiving real-time Charging Point information, management and payment of the Charging.
3.2. The data entered by the User must be accurate, truthful, current and complete, and it is the User's responsibility to update it. The User guarantees that all information provided to ELECTROMAPS is true, complete and accurate, and that such information is current and correct at all times. The User must inform ELECTROMAPS at all times of any modification of the information provided, and ELECTROMAPS will understand that the information is correct until it is modified. In the event that the User provides any false, inaccurate or incomplete data, or if ELECTROMAPS considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of such data, ELECTROMAPS reserves the right to deny the present or future access and use of the Application and/or the Website (at any time), or of any of its contents and/or services.
3.3. The User is responsible for keeping his/her password safe and shall assume any damage or loss that may arise from its misuse, transfer, disclosure or loss. Access to restricted or limited access areas and/or the use of Services by means of a user profile shall be understood to be carried out by the User owning that profile, who shall be liable in all cases for such access and use.
3.4. Users shall be responsible for the use they make of the Service and undertake to use it correctly and appropriately. By way of example, but not limited to, the User agrees not to use the Service to introduce computer viruses into the network, usurp the accounts and data of other users and, in short, not to carry out any activities that are illicit, illegal or contrary to public order and good faith, at the risk of otherwise being deprived of access to the Service.
3.5. Likewise, Users undertake to respect the provisions of these General Terms and Conditions.
3.6. People without the necessary legal capacity to contract may not sign up to the Service, and may only use it under the authorization and full responsibility of the contracting User who has parental authority or legal guardianship. ELECTROMAPS shall in no event be liable for any damages that may arise from the use of the Service by minors or persons without the necessary legal capacity to contract.
3.7. Through creating an Account and, consequently, accepting these General Terms and Conditions, the user grants ELECTROMAPS, in relation to the content that it may provide, a worldwide, irrevocable, transferable, free license, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicly communicate, as well as its exploitation in any form that ELECTROMAPS considers appropriate, with or without further communication to the User and without the need to pay any amount for the aforementioned uses.
4.1. The Migration Period from the old Application to the new Application will be gradual. The User will receive an email indicating execution of the migration.
4.2. Any money deposited by the User in the old Application will be transferred to the Wallet of the new Application during the Migration Period, and the full amount will be billed to the new Application. In this transfer, the deposited money will be converted into promotional money in the Wallet of the new Application. In any case, the User may request a refund of the converted amount not used during the legally applicable period, in which case the corresponding amending invoice will be issued for the refunded amount.
5.1.1. Users may use the Service through the Website and the Application. Only Users registered in accordance with these General Terms and Conditions may benefit from the Charging system.
5.1.2. ELECTROMAPS may unilaterally modify, at any time and without prior notice, any component and/or element of the Service, or its operating, technical and usage conditions, in order to improve the Service. Similarly, Users may also send their suggestions for Service improvement to ELECTROMAPS, including any suggested modifications they deem useful, and may also seek additional information to resolve concerns, complaints or further suggestions, by contacting ELECTROMAPS through the email address listed in this document as contact information, yet this shall not imply, however, any obligation on the part of ELECTROMAPS.
5.2.1. ELECTROMAPS makes the Application available to Users to access and use the Service form their smartphones, tablets, smart watches and any other kind of mobile devices. The Application will be available to download in the version for Android and iOS systems (or any other system) through the relevant app store, which provides information about the Service, including the description, functionalities and features of the Application and the technical requirements for its installation and use.
5.2.2. Through the Application and/or the Portal, the User may proceed with registering and creating his/her Account by following the instructions provided, which will give access to the provision of the Service for which prior registration is required.
5.3.1. By registering an Account, the User will obtain a license to use the system. By registering for the Service, the User accepts the General Terms and Conditions.
5.3.2. ELECTROMAPS may carry out solvency verifications and credit evaluations of the User, within the limits laid down by law, and according to the result of such verifications, may not allow the User to sign up to the Service or, as the case may be, establish special conditions for such User.
5.4.1. In the case of payment methods, the User must enter the data corresponding to the credit or debit card to be used to pay for the Service.
5.4.2. Once the Charging has been made, an invoice will be issued for the corresponding amount. In the event that, at the time the User is created, the User has not filled in the billing information, the invoice generated will not contain the holder's data, so a ticket will be generated. In the event that the billing information is filled in, the invoice will be generated with all the existing data in the system.
5.4.3. If the User does not pay the corresponding invoice, ELECTROMAPS will notify the user of an unpaid charge through the Application or Website. Until such money is paid, the User will not be able to make any subsequent charging.
5.4.4. Any complaints regarding invoices issued should be sent to ELECTROMAPS through the following e-mail address: email@example.com
5.4.5. The services offered through the Website, the Application or the Portal may be free of charge. However, the use of certain services may or may in the future be subject to financial consideration in the manner and terms determined in the special conditions of the service.
5.4.6. ELECTROMAPS reserves the right to modify prices on the Website, Application and/or Portal at any time. The changes made will take effect immediately upon publication. The User expressly authorizes ELECTROMAPS to send the receipt for commissioned services and/or generated invoices electronically to the email address indicated by the User during the registration process.
5.4.7. All prices indicated on the Website, the Application and/or the Portal include any taxes that may be applicable depending on the territory from which the User charges and, in any case, shall be expressed in the currency in force depending on the territory from which the User operates.
5.4.8. In accordance with the preceding paragraph, the prices applicable to each service will be published on the Website, the Application and/or the Portal subject to the particularities set out above and applied automatically in the last phase of the contracting process.
5.4.9. The registered User with basic data can activate free Charging Points, while the Charging User can activate Paid Charging Points with the Application, as well as with the card (RFID).
5.4.10. The Charging price is calculated upon completion. The Charging Point information shows the rate, which may be a function of time, energy delivered, a fixed price per charge, or a combination of all three factors. Likewise, the price may also vary depending on the time slot. Rates may vary without prior notice according to the criteria of the infrastructure owners.
5.4.11. In the case of free Charging Points, after the User registers for the first time, the Charging Point can be used following the directions provided by the Application and the Charging Point itself.
5.4.12. In the case of Charging Points that have to be paid for, the User must provide his/her bank card information in order to proceed with the charging. The platform that manages the payment is Stripe, where the User's credit or debit card details must be provided.
5.4.13. The User will be able to make the payment through two payment methods. First, directly with the credit or debit card; at the end of the charging process, the User will receive the details of the transaction, including, but not limited to, the following information: time, energy supplied and price. Once this information is received, the User must pay the amount with his/her credit card, through Stripe. Likewise, the User will have a Wallet; this Wallet is composed of promotional balances, provided by ELECTROMAPS based on promotions, bonuses, discounts and/or gifts.
5.4.14. The User may neither recover nor redeem any amount accumulated in his/her Wallet in cash or by bank transfer, since this is merely a promotion (unless otherwise provided for in these General Terms and Conditions). The promotions will be regulated in the terms and conditions of each promotion.
5.4.15. If the User decides to purchase a card (RFID), ELECTROMAPS will send the card with the activation code (the "Key Fob") to the address indicated in the Account data. The User can link one or more Key Fobs to his/her User account through the Application. The User shall be exclusively responsible for the proper use of the Key Fobs.
5.5.1. The User agrees not to use the Service for illegal purposes, contrary to the provisions of these General Terms and Conditions. The User shall not undertake any activity that may cause damage to the Service and/or its operation and development. In addition to the foregoing, in particular, yet with no limitation, Users shall refrain from using the Service to:
i) Harass or disturb third parties and/or violate their intimacy and privacy;
ii) Impersonate the identity of other users or third parties;
iii) Spy on other users or third parties;
iv) Inform third parties of the location of other users;
v) Undermine the reputation, image and honor of other users or third parties; or
vi) For advertising purposes, in order to promote products, own services or activities of ELECTROMAPS or third parties, except with the prior and express authorization of the User by ELECTROMAPS.
5.5.2. The User is not authorized to assign all or part of its rights and obligations under these General Terms and Conditions, except with the prior written consent of ELECTROMAPS.
5.5.3. ELECTROMAPS reserves the right to block the User's access or even delete the User's account, and also take appropriate legal action if the User violates these General Terms and Conditions. ELECTROMAPS also reserves the right to remove any comments it deems inappropriate from the Forum.
5.5.4. It is strictly forbidden to share the information that appears on the Website, the Application, or on the Portal. All information contained in ELECTROMAPS is the exclusive property of ELECTROMAPS. Any communication of the information will be considered to be an illegitimate use of the service.
6.1. The Service, the Website, the Portal and the Application, as well as all components and/or elements integrated or forming part of them, including, but not limited to, technologies, source code, designs, texts, trademarks, logos and images, are protected by intellectual and industrial property rights. ELECTROMAPS is the holder of the corresponding intellectual and industrial property rights, and/or has secured the pertinent authorizations or licenses from the third-party holders thereof for their use. ELECTROMAPS expressly reserves such exclusive rights, which may not be used or exploited in any other way that implies a violation of the Spanish, Community and international regulations on intellectual and industrial property, without the prior and express authorization of ELECTROMAPS.
6.2. ELECTROMAPS shall also hold the intellectual and industrial property rights over any modifications or improvements to the Service, or its components and/or elements, as a result of the experience of using the Service, including those resulting from suggestions and/or comments made by Users.
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9.1. ELECTROMAPS undertakes to implement the necessary technical and organizational security measures that are adequate and sufficient throughout the Service, in accordance with the applicable legislation, to guarantee the security of the User's personal data, ensuring its confidentiality and preventing its manipulation, deterioration or loss.
9.2. ELECTROMAPS is not obliged to control the presence of viruses or any other computer element that may be harmful, or of a destructive or damaging nature. It is the User's responsibility to have and implement in the equipment and Accounts used to access and use the Service adequate tools to detect and protect against malware or any other harmful computer program. Consequently, ELECTROMAPS is not liable for any damage that may be caused to the equipment of Users and third parties through using the Service.
10.1. Any information sent by the User through the Service will be treated with due confidentiality and respect. Notwithstanding the foregoing, ELECTROMAPS may remove such information as it deems inappropriate or offensive, and even provide access to such information to the Courts and Competent Authorities, whenever such access is in accordance with the applicable legal provisions.
11.1. There may be temporary interruptions in the Service as a result of maintenance work. ELECTROMAPS also points out that, in addition to those mentioned above, there are a wide variety of factors that may affect the operation of the Service, such as, but not limited to, environmental conditions, network saturation, connectivity, third-party software, etc.
13.1.1. The User is responsible for all damages caused by all or part of his/her vehicle and the charging cable.
13.1.2. The User is responsible for any damage caused in the case of acting without respecting the regulations, terms and conditions and instructions for use of the Charging Point.
13.1.3. The User is responsible for the use of his/her Account.
13.1.4. The User is responsible for keeping the Application frequently updated. ELECTROMAPS will not delete the Account in the event the Application is not updated. However, it is possible that there may be access limitations.
13.2.1. In general terms, ELECTROMAPS shall not be liable for damages caused by the misuse, or by the total or partial infringement of the regulations in force, safety standards or any other standard applicable to the Charging Points or to the electric vehicle.
13.2.2. ELECTROMAPS does not offer any guarantee about the veracity of the information about the Charging Points published by other Users, so it shall not be responsible for the content appearing on the Website or in the Application. Consequently, ELECTROMAPS is not liable for the decisions made by Users as a result of the information offered through the Service, regardless of its origin, nor for the damages caused to Users or third parties by the use of the Service.
13.2.3. ELECTROMAPS shall not be liable for the speed, quality of navigation and use and access of the User to the Service, which will depend on the technical conditions that the User has contracted with his/her service provider. Therefore, ELECTROMAPS shall not be liable for the impossibility, suspension or cancellation of access to the Service or difficulties in connecting to the communications network through which the User accesses the Service and failures caused as a result of third parties. ELECTROMAPS will also not be liable for the continuity and availability of the Service when it cannot be guaranteed as a result of causes beyond ELECTROMAPS' control.
13.2.4. ELECTROMAPS is not responsible for any damage caused by malfunction, failure, connection problems, including interruption of the Services, malfunction of the data flow, intrusion from external sources and any slowness in the Service. Likewise, ELECTROMAPS shall not be liable for foreseeable or unforeseeable damages of any nature, arising from the use or total or partial impossibility of the Account.
13.2.5. ELECTROMAPS is not responsible for the accuracy, updating or completeness of the information provided by the User. In the event that there is an error in such information, the affected User may contact ELECTROMAPS to communicate the information in a complete, truthful and updated manner.
13.2.6. ELECTROMAPS cannot be held liable in the event of damages suffered by the Users, or by one of its employees, if they have been warned of a potential risk. Such communication may be made through the Website, the Application, the Portal or the Charging Point, as well as by e-mail or any other means of communication.
13.2.7. ELECTROMAPS shall not be liable for any damage resulting from defects in the electric vehicle or in the electric charging cable.
13.2.8. ELECTROMAPS shall not be liable for any damage resulting from defects in the Charging Points, infrastructures and electrical services.
13.2.9. The User expressly waives the right to claim from ELECTROMAPS any type of indirect damage, loss of profit or consequential damage. In any case, the User accepts that the maximum liability of ELECTROMAPS for all concepts is limited to the amounts actually received by the User.
14.1. These General Terms and Conditions shall remain in effect for as long as the User keeps his/her Account active and/or makes use of the Service.
14.2. However, ELECTROMAPS reserves the right to modify the General Terms and Conditions applicable to the use of the Service at any time, which shall be in force and applicable as soon as they are published.
14.3. It shall be the User's responsibility to read and review the General Terms and Conditions each time he/she accesses, contracts and/or uses the Service, through the Website, the Portal or the Application. The access and/or use of the Service, through the Website, the Portal or the Application, implies that the User accepts the General Terms and Conditions published at that time, with the User always having access to them.
15.1. By accepting these General Terms and Conditions, the User authorizes most communications with ELECTROMAPS to be electronic. ELECTROMAPS will contact the User by email or by posting notices through the Service. The User consents to use this electronic means of communication and acknowledges that all notices, information and other communications that ELECTROMAPS sends electronically comply with the legal requirements of being in writing.
16.1. These General Terms and Conditions shall be governed by Spanish law, notwithstanding any other pertinent legislation in place to protect consumers and users.
16.2. In the event of disputes arising from the provision of the Service, and notwithstanding the mandatory rules of submission laid down by any legal regulations to protect consumers and users that may be applicable, the parties expressly waive any other jurisdiction or venue to which they may be entitled, and agree to submit to the courts and tribunals of the city of Barcelona.
17.1. Users can contact customer service through the following channels:
i) Email: firstname.lastname@example.org
ii) Telephone: +34 931 574 967 (general customer service), +34 931 190 242 (technical issues)
iii) Through the form available on the Website or in the Application.
17.2. ELECTROMAPS will use all reasonable efforts to solve the problem with the User within a reasonable period of time, without guaranteeing it will be solved within this period of time.
17.3. Telephone support is from: 9 a.m. – 5 p.m.
17.4. ELECTROMAPS does not guarantee, under any circumstances, that the problem raised will be solved.
17.5. In the event that a Charging Point is not operational, ELECTROMAPS will redirect the Charging User to the next operational Charging Point.
18.1. ELECTROMAPS is not obliged to perform its obligations in cases of force majeure, as well as in any circumstance that prevents it from doing so due to a situation beyond its control.
18.2. Unless otherwise provided, the fact that one of the parties does not require any of the clauses of these General Terms and Conditions to be applied cannot be interpreted in any case as a waiver of the rights of this party derived from such clause.
18.3. In the event that one of the clauses of these General Terms and Conditions is considered null and void due to the regulations in force or by judicial decision, such clause shall be understood as not incorporated in the document. Notwithstanding the foregoing, the other clauses shall maintain their validity and scope.
18.4. The assignment by the User of the rights and obligations derived from these General Terms and Conditions is prohibited without the prior consent of ELECTROMAPS. Nevertheless, by accepting these General Terms and Conditions, the User gives his/her prior consent to any assignment to a third party of the rights and obligations of ELECTROMAPS derived from these General Terms and Conditions.
18.5. Should any discrepancy arise in the language of these General Terms and Conditions, the Spanish version shall prevail.