Terms and conditions of use
CHARGEMAP
SAS (Simplified joint-stock company)
Registered capital €42,000
Incorporated under RCS STRASBOURG No. 809 844 731
7, Allée Cérès – 67200 STRASBOURG – FRANCE
CHARGEMAP is a registered trademark. Any, even partial, reproduction or use thereof without express authorisation is prohibited.
The General Terms and Conditions of Sale herein apply to all services provided by the company CHARGEMAP to its professional customers (hereinafter the “Customer”) wishing to subscribe to a Fleet Contract.
Any firm order that has been expressly accepted by CHARGEMAP implies the Customer’s acceptance of these General Terms and Conditions without any reservations and excluding all other provisions and in particular any general terms and conditions of purchase.
The General Terms and Conditions of Sale herein are systematically made available to the Customer when concluding a Fleet Contract with CHARGEMAP.
The General Terms and Conditions of Sale herein constitute the contractual basis for relations between CHARGEMAP BUSINESS and its customers subscribing to a Fleet Contract. They constitute the framework for the Fleet Contract and apply in full to said relations where the Fleet Contract is silent. In the event of a divergence between the Terms and Conditions herein and the Fleet Contract, priority is given to the contract.
1- Definitions
Activation Code: refers to the number written on the Chargemap Pass that links the Pass up with the Customer Account.
Chargemap Cloud: refers to the online software enabling access to the services delivered to professionals by CHARGEMAP.
Chargemap Pass: refers to the personally identified Pass linked to the Customer’s CHARGEMAP account, the use of which is subject to these General Terms and Conditions. The Chargemap Pass allows Electrical Charging to be paid for, whatever the partner network used.
Chargemap Support: refers to the customer support service linked to the Payment Account and the Chargemap Pass.
Chargepoint: refers to an electrical charging point for electric vehicles listed by CHARGEMAP.
Charging History: refers to the report accessible via the fr.chargemap-business.com portal, or the Chargemap Cloud software for the Customers concerned, enabling all Electrical Charging to be traced, together with the associated cost and information on the Chargepoint used.
Customer Account: refers to the personal account at CHARGEMAP opened in the Customer’s name, which can be accessed via the fr.chargemap-business.com website, the mobile app or the Chargemap Cloud for authorised professional Users.
Electrical Charging: refers to the operation of electrically charging a vehicle at a chargepoint that belongs to a partner network.
End Customer: refers to the end “User” customer of the Chargemap Pass and associated Chargemap Services.
General Terms and Conditions of Sale: refers to the General Terms and Conditions herein governing access to and use of the CHARGEMAP payment service and the terms and conditions of sale and use of the Chargemap Pass related thereto.
Partner Operator: refers to any business entity or private individual operating the electrical Chargepoints compatible with the Chargemap Pass and the associated payment solution.
Pass Number: refers to the unique number written on the Customer’s Chargemap Pass that is also linked to the Customer’s account.
Personal Data: refers to the personal information registered by the Customer when subscribing to CHARGEMAP’s Services and/or provided within the frame of using CHARGEMAP’s Services.
Services: refers to all services proposed by CHARGEMAP, including Specific Services, through any means whatsoever.
Website: refers to the https://chargemap-Business.com website made available to the public on the Internet via which Users can create their personal account and connect up using their login, in particular to manage their personal data and consult their consumption (outside Fleet Contracts).
2- Scope – General Points
2.1 The aim of the General Terms and Conditions of Sale herein is to define the terms and conditions whereby CHARGEMAP provides its Payment Service and the Services related thereto (including the right of access to Chargemap Cloud software), and also the terms and conditions by which CHARGEMAP markets its Chargemap Pass to its professional Customers in the frame of subscribing to a Fleet Contract.
2.2 Ordering the Chargemap Pass and use of the related Services are reserved for Customers who have accepted the General Terms and Conditions herein in full and without reservations prior to subscribing to a Fleet Contract.
2.3 The General Terms and Conditions herein may be modified at any time without prior notice, and the Customer shall receive notification of said modifications.
In the event of express disagreement, the contract may be rightfully terminated under the terms and conditions described in Article 10 herein (termination at the expiry of the contract insofar as the minimum term of the contract stipulated therein has been respected). In the interim period, the initial provisions shall continue to apply to the contract.
The new provisions are fully binding on the Customer as soon as notification is received.
2.4 CHARGEMAP reserves the right to make any technical or technological modification to its Services.
3- Term
3.1 In principle, Fleet Contracts consist of a subscription for a period of two (2) years renewable by tacit agreement, to which is added the initial purchase of the hardware required to use the Chargemap Cloud software solution, and, notwithstanding the application of Article 10, can be terminated at the end of each period insofar as prior notice of three (3) months is duly respected.
3.2 The Chargemap Pass is valid for a period of two (2) years and is renewed automatically, insofar as the Pass has not been deactivated beforehand for any reason whatsoever.
If no Charging has been carried out with the Chargemap Pass for a period of two (2) years, it shall be deemed to be inactive.
Under these circumstances, CHARGEMAP reserves the right to suspend the Chargemap Pass under the terms and conditions provided for in Article 10 herein.
3.3 Should the Chargemap Pass need to be changed for technical reasons or any other update required to ensure the continuity of the Services, CHARGEMAP shall inform the Customer thereof at least thirty (30) days beforehand. Should this circumstance arise, the change-over shall be carried out by CHARGEMAP free of charge.
A new Chargemap Pass shall be sent by post to the Customer, who shall be required to deactivate their former Pass and activate the new one in compliance with the instructions sent with the new Pass.
4- Prices
4.1 Prices are quoted in euros, exclusive of VAT.
The VAT rate applicable is that in force on the day the invoice is issued. It remains payable by the Customer.
4.2 The price of the contracts may be renegotiated and reviewed each year.
4.3 For Fleet Contracts:
• The price of subscribing to Chargemap’s Services via Chargemap Cloud is subject to an annual subscription renewable by tacit agreement, unless the subscription is lawfully cancelled beforehand (any cancellation is irrevocable), and is invoiced on the 2nd of the month following activation of the Chargemap Pass(es).
• The first annuity includes the price of the Passes at a unit price of €5 excl. VAT, the cost of initial training on the software and the annual subscription to the Chargemap Cloud software.
• The monthly payment of charging is in addition.
A minimum of 2 Passes per Customer is required to be able to subscribe to a Fleet Contract.
At any moment during the contract, the Customer may order a new Pass for a new vehicle, which will be invoiced as quoted above (purchasing price of €5 excl. VAT). The cost of the subscription may be reviewed subsequently.
Should the Customer request the deactivation of a Pass during the contract, CHARGEMAP reserves the right to review the initial unit price in accordance with the pricing schedule in force at the time of the review process.
NOTA BENE: Each charging session subsequently carried out with active Chargemap Passes shall be invoiced in accordance with the applicable prices in force which can be consulted on the Chargemap.com website. Each charging operation shall be invoiced individually at the end of each month.
5- Terms of payment
5.1 The Customer shall pay for orders and annual subscriptions upon receipt of the invoice, excepting contrary provisions negotiated between the Parties and provided for in the contract.
5.2 The Customer shall settle the invoices by bank transfer to CHARGEMAP’s account.
For Fleet Contracts, invoices may be paid by any other means open to the Customer via the Chargemap Cloud software (credit card, administrative order, SEPA mandate).
For payments by credit card, all transactions shall take place via an SSL secure server. Authorisation servers shall be consulted once the Customer has entered their card number, expiry date and the code given on the back of the credit card. The data shall be checked to avoid misuse and fraud.
The servers are in encrypted mode and all data transferred shall be protected and encrypted (SSL protocol). Nothing transits over the web in a non-coded format. It is up to the Customer to check that the SSL encryption is activated when confidential information is requested.
Any information communicated during banking transactions carried out via the website shall not be stored on CHARGEMAP’s servers and the company cannot either read or consult said information when it is entered or transferred.
5.3 If payment cannot take place in full at the due date for any reason whatsoever, the Customer shall be rightfully liable to pay an indemnity for late payment, without prior official notification, at the refinancing rate set by the European Central Bank incremented by 10 points in addition to the flat-rate indemnity of €40 per unpaid invoice (Art. L. 441-6 of the French Commercial Code).
Furthermore, CHARGEMAP shall have the right to suspend all access and usage rights pertaining to its Services until the amount has been paid in full (cf. Article 10).
6- Delivery
6.1 CHARGEMAP undertakes to deliver the Products directly to the Customer, or a service provider previously designated by the Customer, at the address given on the order form.
6.2 Delivery shall occur within a period of seven (7) days from the date of the order for a Fleet Contract (this period of time being non-binding).
In the event of non-receipt or late receipt of the Products ordered, CHARGEMAP cannot be held liable for packages being mislaid during the delivery process. Likewise, CHARGEMAP cannot be held liable in the event of erroneous information leading to the non-delivery of the Products.
7- Liabilities – Guarantees
7.1 CHARGEMAP is only bound by an obligation of reasonable efforts in the execution of its Services.
7.2 The Customer may not under any circumstance hold CHARGEMAP liable for any indirect damage (loss of opportunity, commercial or financial prejudice etc.) incurred due to any failure on CHARGEMAP’s part pertaining to its contractual obligations.
7.3 The Customer expressly waives any recourse, in particular in terms of guarantee, against CHARGEMAP in the following cases:
• pre-litigation and/or litigation processes undertaken by any end customer or by a third party resulting from the misuse and/or illicit operation of the Chargemap Pass or CHARGEMAP’s Services;
• loss/theft of logins;
• identity fraud;
• damage to the Chargemap Pass due to a usage not in compliance with its intended use.
7.4 CHARGEMAP cannot be held liable in the event of negligence on the part of the Customer, its employees and/or its end customers in particular in terms of protecting the confidential data communicated in the contractual framework governing the Services provided by CHARGEMAP, such as the Pass number.
7.5 CHARGEMAP declines all liability in the event of damage incurred directly or indirectly by the Customer, its employees and/or its end customers, resulting from defects pertaining to the Electrical Chargepoints, infrastructure, electricity grid, connections (internet, mobile etc.), notably including a breakdown of service, flow malfunction of flows, external intrusion, slowness etc.
7.6 In the event of a proven technical defect with reference to the Chargemap Pass for which the Customer, its employees and/or its end customers are not accountable, the Pass shall be replaced by CHARGEMAP in the shortest possible time.
Only in the event of the proven malfunction of the Pass for which CHARGEMAP is accountable shall CHARGEMAP be bound to replace the Chargemap Pass alone.
The replacement of a Chargemap Pass in the event of a defect due to misuse or loss, for which the Customer, its employees and/or its end customers are accountable, shall be invoiced to the Customer at a rate of €5 excluding VAT or to the end customer at a rate of €7 excluding VAT, in addition to supplementary postal and activation costs.
7.7 CHARGEMAP is not bound to execute its obligations in the event of force majeure and in all cases where it is prevented from doing so due to a factor outside its services, such as, but not exhaustively: Internet failure, connection failure, IT system failure at a Partner Operator, failure in the electricity supply, failure of email boxes, failure or modifications of third-party technologies, transport difficulties, strikes, government measures etc.
7.8 In the event of any claim, the Customer is invited to contact CHARGEMAP’s Assistance or Support Service, which undertakes to investigate said claim and inform the claimant as rapidly as possible pursuant to Article 9 herein. On such matters, the Customer can contact CHARGEMAP at the following address: [email protected]
7.9 The Customer is obliged to act in full and absolute cooperation with CHARGEMAP, and, if necessary, with the competent authorities, in the event of any inquiry pertaining to Charging operations or any other use of the Chargemap Pass, User Account or Payment Account.
8- Transfer
Any transfer by the Customer of the rights and obligations resulting from these General Terms and Conditions without the prior agreement of CHARGEMAP is strictly prohibited.
By accepting the General Terms and Conditions herein, the Customer gives their prior agreement to any transfer CHARGEMAP’s rights and obligations of resulting from said General Terms and Conditions to third parties.
9- Assistance – Support – Claims
9.1- Contact
9.1.1 For all requests for assistance/support or to make any claims, the Customer can contact CHARGEMAP as follows:
• By email: [email protected]
• By post at the following address: CHARGEMAP – 7 Allées Cérès – 67200 STRASBOURG – FRANCE
9.1.2 For requests concerning Electrical Charging using the Chargemap Pass alone, the Support Service may also be contacted by phone at the number indicated on the Chargemap Pass.
9.1.3
The Customer must submit any problems encountered when using the Chargepoints of partner operators as rapidly as possible and at the latest seven (7) days following observation thereof.
9.2- Scope – Restrictions
9.2.1 CHARGEMAP shall make all reasonable efforts to solve any problem encountered by the Customer of which it has been informed by the Customer.
CHARGEMAP does not provide any guarantee whatsoever that the problems thus submitted shall be even partially solved. In this instance, the company is only bound by an obligation of reasonable effort and not an obligation of result.
9.2.2 CHARGEMAP shall make reasonable efforts to respond to the request for Assistance or Support within a reasonable deadline, without being able to guarantee that a final answer can be provided within this deadline.
Response time is measured in terms of the operating hours of the Assistance and Support Service: 7 days a week and 24 hours a day (notwithstanding any modification thereto by CHARGEMAP of which the Customer shall be duly informed by email).
9.2.3 The Assistance and Support Service(s) is/are provided to one or more persons designated by the Customer when the request is registered.
9.2.4 Customers may not solicit CHARGEMAP’s Assistance and Support Service by phone for any specific information on the use of CHARGEMAP’s Services, in particular ordering the Chargemap Pass, activation of the Chargemap Pass, etc.
If necessary, CHARGEMAP shall redirect the Customer towards the Assistance and Support Service that can be contacted by email or post.
CHARGEMAP’s Assistance and Support Service can ONLY be contacted by phone by the Customer or one of its employees currently performing or attempting to perform Electrical Charging using the Chargemap Pass.
CHARGEMAP’s Assistance and Support Service can be solicited by an identified Customer to start or stop a charging session at a Chargepoint belonging to a Partner Operator within the contractual limits imposed on CHARGEMAP by said Partner Operator.
If an electrical Chargepoint turns out to be faulty, CHARGEMAP may redirect the Customer towards the nearest Chargepoint available.
Should the Charging infrastructure be faulty, CHARGEMAP’s Assistance and Support Service may inform the Partner Operator of the status of the Chargepoint concerned in the User’s stead.
9.2.5 At a registered Customer’s request, CHARGEMAP’s Assistance and Support Service may look for and request the intervention of a breakdown and repair service in the following cases:
• Vehicle damaged or destroyed during an Electrical Charging operation;
• Vehicle where the battery is completely run down;
• Vehicle at a faulty Chargepoint when it is impossible to move the vehicle to the next available Chargepoint.
Any costs resulting from such a repair or breakdown intervention shall be payable by the User.
9.2.6 NOTA BENE: In no case may the Customer contact CHARGEMAP’s Assistance and Support Service in the name of and on behalf of one of its end customers.
Any such request shall not be fulfilled and the Customer shall be invited to communicate the contact details of CHARGEMAP’s Assistance and Support Service to the end user who must personally contact said service pursuant to the General Terms and Conditions of Sale and Use of the Chargemap Pass which are applicable in this instance.
9.3- Claims
9.3.1 In the event of an error stated by the Customer, notably concerning a Charging operation, the Customer may contact CHARGEMAP pursuant to Article 14 of the General Terms and Conditions herein.
After examining the request and circumstances surrounding the operation in question, CHARGEMAP shall send the Customer a report with all the information in its possession.
Processing costs may be invoiced to this effect. In such cases, the Customer shall be informed thereof and will be required to give their agreement beforehand.
9.3.2 All supporting documents relative to the claim must be sent to CHARGEMAP within fifteen (15) days at most following the claim or the request for information and/or documents requested by CHARGEMAP. If this is not respected, CHARGEMAP reserves the right to close the claim file without any further action.
9.3.3 Should a payment that does not correlate with a Charging operation (inexact amount or inexistent operation) be debited from the Customer Account, and this error is proven, the amount shall be reimbursed by CHARGEMAP and credited to the Customer Account without the company having any further obligation towards the Customer.
9.3.4 NOTA BENE: Under no circumstance may the Customer enter a claim against CHARGEMAP in the name of or on behalf of one of its end customers.
Any such request shall not be fulfilled and the Customer shall be invited to communicate CHARGEMAP’s contact details to the end user who must personally contact said service pursuant to the General Terms and Conditions of Sale and Use of the Chargemap Pass which are applicable in this instance.
9.4- Exclusions
9.4.1 CHARGEMAP does not provide an Assistance or Support Service for products supplied by third parties.
9.4.2 CHARGEMAP only provides an Assistance or Support Service to the Customer for Partner Operators’ Chargepoints within the bounds of the contractual provisions linking the company to said operator.
9.4.3 Any request for a repair or breakdown service for an operational vehicle shall be refused.
9.4.4 No phone calls shall be accepted by CHARGEMAP’s Assistance or Support Service if the request does not relate to performing or attempting to perform Electrical Charging.
9.4.5 No assistance shall be provided by CHARGEMAP’s Assistance or Support Service and no claim shall be registered if it does not come from the End User of the Chargemap Pass or one of the Customer’s employees.
10- Suspension – Deactivation – Cancellation
10.1- General points
10.1.1 The Customer Account will be opened by CHARGEMAP on the basis of the information the Customer has provided.
Consequently, the Customer undertakes to:
• Provide exact, sincere and up-to-date information in full;
• Inform CHARGEMAP as rapidly as possible of any modification related to the information provided, in particular any change in email or postal address and any change with reference to bank details.
CHARGEMAP reserves the right to refuse to open a Customer Account or activate a Chargemap Pass or to suspend a Customer Account or the use of a Chargemap Pass if it suspects that the information provided is inaccurate or incomplete.
10.1.2 Should the case arise, the Customer shall be liable to pay for all judicial and extra-judicial costs incurred by CHARGEMAP, including the reasonable costs of any legal advice relating to the management of any litigation.
10.1.3 CHARGEMAP reserves the right to limit the authorisation to use the Chargemap Pass on all or part of a territory if the usage thereof proves or could prove to be contrary to the General Terms and Conditions herein or the local legislation.
Likewise, CHARGEMAP reserves the right to limit the authorisation of the use of the Chargemap Pass if the Customer, one of its employees or a third party is suspected of perpetrating or being about to perpetrate an offence or an abusive or fraudulent usage of the Chargemap Pass.
10.2- Suspension of the Services
10.2.1 Should the Customer commit a breach of the General Terms and Conditions herein, in particular with reference to a payment incident, CHARGEMAP reserves the right suspend Chargemap’s Services and the associated Chargemap Passes.
This clause operates unilaterally and can be applied solely by CHARGEMAP and shall not give rise to the payment of any compensation whatsoever. Likewise, it shall not give rise to the reimbursement of the Chargemap Pass, subsisting Charging credit(s) or the current subscription.
It shall be applied after sending official notification by registered mail to the Customer requesting the situation be remedied, once a period of fifteen (15) days from receipt of said notification expires without result.
The Customer shall be invoiced for the cost of sending an official notification at the flat rate of €10 incl. VAT for reminder costs.
10.2.2 Should the Chargemap Pass be suspended at CHARGEMAP’s initiative, under the terms and conditions given in this article, any current subscription shall also be automatically suspended.
Should the Chargemap Pass and the related subscription be suspended at CHARGEMAP’s initiative, the process may be reversed by contacting CHARGEMAP by email or by simple letter sent to the address indicated in Article 14.
10.3- Deactivation of the Chargemap Pass
10.3.1 Either Party may also request the deactivation of a Chargemap Pass of which said Party is the End User at any time by registered mail with acknowledgement of receipt addressed to the other Party or, as appropriate, in accordance with the specific conditions defined between the Parties.
Deactivation of the Chargemap Pass does not cancel the invoicing of any Charging carried out up to the time of the effective deactivation of the Pass, or, if appropriate, the current subscription at the time the suppression occurs, which must be cancelled in accordance with the terms and conditions given in Article 10.4.
10.3.2 CHARGEMAP may request the Customer to return the Chargemap Pass. The carriage costs pertaining thereto are exclusively payable by the Customer.
Failing the return of the Chargemap Pass within thirty (30) days following CHARGEMAP’s request – as proven by the date stamped by the postal services – CHARGEMAP reserves the right to invoice the Customer a flat rate indemnity of €10 incl. VAT.
If the Chargemap Pass is returned beyond said deadline of thirty (30) days, excepting cases of force majeure, the above-quoted indemnity shall be retained by CHARGEMAP.
10.3.3 If the Chargemap Pass is deactivated, it cannot be reactivated and the Customer must order a new Pass on the condition that the General Terms and Conditions herein are duly respected.
10.4- End of contract – Termination
10.4.1 Fixed-term contracts may be terminated at the end of a period at the request of either Party, insofar as the following terms are respected:
• Minimum duration of the initial contract of two (2) years;
• Sending a registered letter with acknowledgement of receipt to the other Party;
• Respecting minimum notice of three (3) months before the fixed term expires at the anniversary date of the contract (24 months following the signature and then every year at the same date).
10.4.2 Amicable termination: In the frame of open-ended contracts, either Party may request the termination of their contract by sending a registered letter with acknowledgement of receipt to the other Party. Termination is dependent upon respecting prior notice of a period of six (6) months minimum.
10.4.3 Termination in the event of the Customer failing to respect its obligations: Notwithstanding force majeure, should the Customer fail to respect their commitments under this contract, CHARGEMAP may, if it deems such action necessary, rightfully and immediately terminate the contract one (1) month after sending official notification thereof by registered mail with acknowledgement of receipt which has remained without result, to the sole prejudice and detriment of the Customer, notwithstanding any other rights and actions.
Notification of the termination shall be sent by registered mail with acknowledgement of receipt or by extra-judicial deed and shall take effect immediately.
The Customer shall be invoiced for the cost of sending an official notification at the flat rate of €10 incl. VAT for reminder costs.
10.4.4 The termination of the contract for any reason whatsoever shall not cancel out the invoices still outstanding under any circumstances, which must be paid in all cases. The termination of the contract shall not lead to any reimbursement of the Chargemap Pass, Charging credit(s) or any subscription underway with reference to the monthly payments already fallen due or that shall fall due up to the date of effective termination.
Once it has been accepted, the termination request under the terms and conditions provided for in Article 10.4 herein shall automatically result in the deactivation of the Chargemap Pass and the end of the subscription.
10.4.5 CHARGEMAP may request the Customer to return the Chargemap Pass. The carriage costs pertaining thereto shall be exclusively settled by the Customer.
Failing the return of the Chargemap Pass within thirty (30) days following CHARGEMAP’s request – as proven by the date stamp of the postal services – CHARGEMAP reserves the right to demand that the Customer pays a flat rate indemnity of €10 incl. VAT.
If the Chargemap Pass is returned beyond said deadline of thirty (30) days, excepting cases of force majeure, the above-quoted indemnity shall be retained by CHARGEMAP.
10.4.6 At the end of the contract, the Parties shall return to the other Party any personal information, data bases and data processed, whether they are archived or not, received and recorded for the purpose of performing the contract. They undertake not to keep any copy thereof or use them for any reason whatsoever.
11- Rules governing the use of the Services
11.1 By accepting these General Terms and Conditions, the Customer undertakes to respect them in full, notwithstanding any specific terms and conditions agreed to with CHARGEMAP.
CHARGEMAP reserves the right to set a maximum monthly ceiling to payments or Electrical Charging.
11.2 The Chargemap Pass is an exclusive means of payment enabling the payment of Electrical Charging for an electric vehicle at Chargepoints belonging to partner networks.
To this effect it provides the following services:
• accessing the Electrical Charging Services at Chargepoints belonging to partner networks;
• consenting to finalising the Charging operation and undertaking to pay for the service;
• paying the Charging operation.
11.3 The Chargemap Pass and any, particularly electronic, data processed by CHARGEMAP remain the property of CHARGEMAP at all times, notwithstanding the provisions laid down in Article 12 of the General Terms and Conditions herein.
11.4 Excepting legal or contractual provisions to the contrary, CHARGEMAP reserves the right to request its Customers to provide any original written proof of any electronic document transmitted or any information provided.
Electronic media are deemed to constitute at least initial evidence of written proof.
Excepting proof to the contrary, only the electronic documents produced by CHARGEMAP are deemed reliable and authentic and shall prevail over those produced by the User.
11.5 Should any suspect activity or any suspect use of the Chargemap Pass be detected, CHARGEMAP reserves the right to suspend the Services in question and to set up a verification procedure.
11.6 Customers undertake to keep their password confidential at all times with the aim of protecting their Customer Account, the data stored therein and their Chargemap Pass.
Insofar as this is possible, Customers undertake to ensure that any peripheral devices, notably their computers and smartphones, and the connections used are sufficiently secure.
12- Intellectual property – Confidentiality – Personal data
12.1- Intellectual and industrial property
12.1.1 The Customer may not under any circumstance reproduce, modify, transmit, publish, adapt onto any medium whatsoever or by any means whatsoever or use in any way either totally or partially, the trademarks, patents, drawings and models protected by CHARGEMAP without CHARGEMAP’s prior written authorisation.
Generally speaking, the Customer undertakes not to infringe upon the intellectual property and other rights of which CHARGEMAP is the holder.
12.1.2 The insertion of hypertext links to any section of CHARGEMAP’s website is prohibited without CHARGEMAP’s prior written authorisation.
12.1.3 The Customer benefits from a limited right to use the information given by CHARGEMAP and any documents transmitted by the company, and also the use of the Chargemap Pass under the sole terms and conditions defined in the General Terms and Conditions herein.
No right of reproduction or redistribution for commercial purposes is authorised within the frame of the General Terms and Conditions herein, notwithstanding specific stipulations.
12.2- Privacy and personal data
Acting in its capacity as processing agent, CHARGEMAP processes personal data within the operating framework of Chargemap Fleet.
12.2.1 Customers are hereby informed that by creating a Customer Account, they accept to provide a certain amount of personal data.
This data shall be processed in accordance with the provisions in force pertaining to privacy and notably the French “data processing and liberty” act of 6 January 1978 and the French General Regulations on Data Protection of 3 May 2018.
CHARGEMAP undertakes not to jeopardise the privacy of its Users and the confidentiality of the information provided. The compulsory nature of the data to be provided to guarantee the smooth operation of the Services is indicated by an asterisk during the collation process.
To this effect, CHARGEMAP undertakes to collate only data that is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed (Article 5 GDPR).
The data may be used in the frame of managing Customer Accounts and the Chargemap Pass(es).
Pursuant to Article 34 of the French Act of 1978, Customers have the right to access, query, modify, rectify and delete personal data by contacting CHARGEMAP by post, email or via the contact form available on the Website and on the mobile application.
12.2.2 Notwithstanding the provision of Article 7 of the French Act on “data processing and liberty” of 6 January 1978, when subscribing to the Chargemap Services and when accepting these General Terms and Conditions, the Customer consents to the processing of their personal data during the performance of the contract.
For further information, the User may refer to our Privacy Policy.
12.2.3 CHARGEMAP reserves the right to check the personal data with the competent authorities and to obtain more ample information on the User in the frame of combatting fraud and money laundering.
13- Specific provisions
13.1– These General Terms and Conditions of Sale are subject to French law.
13.2– Any disputes arising from these General Terms and Conditions with reference to their validity, interpretation, performance, termination, consequences and effects shall be referred to the competent jurisdiction at the Courts of Strasbourg.
Any disputes pertaining to a specific competence shall be referred to the competent French courts and jurisdiction.
13.3– Should any of the stipulations in these General Terms and Conditions be deemed void with reference to a rule of law or an act in force, it shall be deemed invalid. However, all other stipulations in the General Terms and Conditions shall retain their validity and scope.
13.4– Excepting provisions to the contrary, the fact that one of the Parties has not insisted upon the application of any clause in the General Terms and Conditions herein cannot be considered as waiving this Party’s rights arising from said clause.
14- CHARGEMAP contact
For all queries pertaining to these General Terms and Conditions or any other request, CHARGEMAP may be contacted as follows:
• By email: [email protected]
• Via the Website or the mobile application via the “Contact” tab.