Terms and Conditions
Please read these terms and conditions (hereinafter, the “Terms”) carefully before accessing and using Our Platform, as they, together with any other documents mentioned herein, set out the terms on which You may make use of Our platform “ADAMANT REPOWER”, available at the URL <www.adamantrepower.com> and the mobile app “Adamant Repower”, available for download from the App Store and Google Play (hereinafter, collectively the “Platform”).
Any person that accesses, browses or uses the Platform shall comply with, and be bound by the Terms. Your use of the Platform implies Your express acceptance, without any reservations, of all the terms contained herein, and shall be equally valid to any written and signed agreement. If You disagree with the expressed terms, please do not access, browse or use the Platform.
For the avoidance of doubt, the term “use” includes, but is not limited to, accessing, browsing, inputting information and registering to use the Platform and/or any services that we offer therein. Any reference to “You” or “Your” means you as a user of the Platform, whether as a registered user or as a mere visitor navigating the open sections of the same, and any reference to “We”, “Us” or “Our” is to ADAMANT REPOWER, S.L.
1. IDENTIFICATION DETAILS.
- Owner: ADAMANT RENEWABLES HOLDING, S.L.
- Address: C/ José Echegaray 18, 28232 Las Rozas de Madrid
- V.A.T. No.: ESB088277744
- Public Register: CIF B088277744
- E-mail: Admin.firstname.lastname@example.org
- Phone No.: +34 912 559512
2. PURPOSE AND SCOPE OF APPLICATION.
The purpose of the Platform, which is owned and managed by ADAMANT REPOWER, S.L., is to offer a software tool that enables a simple and intelligent charging and payment solution for electric vehicles by providing easy access to charging and payment options for public chargers across Spain and certain other European countries (hereinafter, the “Services”). In this sense, Our aim is to make it as convenient and affordable as possible to drive and charge your electric vehicle wherever you are within the territory, but to get the full overview of charging options in your map view, you must make sure that your filter is set to include eRoaming chargers.
For this purpose, by accessing the Platform and/or contracting any Services, regardless if You sign up or not, You will be accepting these Terms and, thereafter, Your use of the Platform and the Services, whether as a registered or anonymous user, will be bound by these Terms, or any modified version published by Us. The mere navigation through the open sections of the Platform without registering and/or contracting any Services is equally bound by these Terms, as applicable.
The current Terms regulate the access, browsing and use of the Platform, notwithstanding Our right to modify its presentation, settings and content, as well as the terms required for the mere access and/or use of the Platform and Our services. The current Terms shall be in effect from the time of their publication until their full or partial modification. From then on, the modified Terms will come into force.
In this sense, on occasion, particularly when necessary for technical reasons or business continuity, We may make changes to these Terms. The access and/or use of the Platform after these changes have been applied and/or published imply Your acceptance of the same. Nevertheless, We will notify You of any relevant changes that affect Your use of the Platform and/or the specific Services that You have contracted, prior to their enforceability.
In any case, certain contents and/or services are subject to their own specific conditions and may only be available if You have expressly entered into the relevant agreement with Us for the provision of those services or the availability of those contents. The specific conditions of those contents and/or services may replace, complete or, if necessary, modify these Terms as relevant and only as to Your use of such contents and/or services.
3. USE OF THE PLATFORM.
3.1. Your use of public charging stations through the Platform.
The Platform, including the website and mobile app, is owned and managed by Us, and offered to You for the purpose of locating and paying for the use of public charging stations in Our network, whether Our own or those belonging to Our roaming partners.
To enter and use the Platform, You need to either access Our website or download Our app from the App Store or Google Play, depending on the operating system compatible with Your device. If You register, You will need to complete the steps required by Our registration process, as further specified under Section 5 below.
Any associated data collected through the Platform regarding the location of charging stations belongs to Us. This data may not be used for purposes other than the use of the Platform, nor may it be transferred to third parties.
The use of Our charging management services requires the use of a valid payment method, which You will select from those available on the Platform from time to time. You will be able to modify Your payment details (i.e., card number and associated information) at any time under Your personal profile settings. The payment itself will be made via STRIPE. We may make a credit check on You for purposes of confirming the validity and solvency of the payment method that You specify.
Payment for each charge is made via the payment method specified by You between those offered in the Platform. In order to use the charging services via Our Platform, You will select the desired charging station and add Your preferred payment method. If already associated to Your account or device, You will be able to choose the payment method that You want to use. Once Your vehicle is connected and You have completed these steps, charging will initiate.
You acknowledge and accept that the selection of a charging station and a valid payment method to use that charging point constitutes a contract to purchase charging, concluded between You and Us, which will be governed by these Terms. You will therefore be charged and billed with the fees for that specific transaction further to the Terms.
If You become aware of any unauthorized use of the Platform by any third party in Your name, please contact Our Customer Service immediately through any contact method specified in Section 11 and block Your account to avoid further abuse. We may require You to confirm in writing that You have blocked Your account, and in the event of theft, We may also require You to report the incident to the relevant authorities.
Under Spanish Under Royal Decree 19/2018, of 23 November, on payment services / Title 7b Book 7 of the Dutch Civil Code, on payment transactions, We are liable for losses resulting from unauthorized transactions made by another person and will reimburse You the corresponding amount by the end of the working day following Your notification of the unauthorized transaction. However, in the case of unauthorized transactions arising out of Your breach of the obligations under these Terms, in the form of fraud or gross negligence, You shall be liable for an amount up to EUR 50. In any case, You will never be liable for any losses that occur after Your account has been blocked as described in the preceding paragraph.
We are not liable for any loss of, damaged or otherwise unusable mobile phone in connection with charging via the use of Our Services.
3.2. Use of Your own charging stations. Enabling public sharing.
In addition to accessing Our public network of charging stations, the Platform offers the possibility to set up and access Your own home charging box, so that You can manage the charging of Your vehicle at home. This allows You to control charging times and energy consumption.
If You have set up Your home charging box on the Platform, You will also be able to offer it as a charging station to other users if You enable Public Sharing. Once You have enabled this option, Your charging boxes will be visible as public charging points for other users in the Platform, but they will not be enabled for eRoaming and can only be accessed via the app.
This function can only be enabled when “Lock cable to charging tag” has been disabled and “Charging tag or App required” has been enabled.
You will be able to determine a price per kWh to be charged by Us to other users when they use Your shared charging station. The amount earned will be paid by Us to your bank account on a quarterly basis in the months January, April, July and October, less an administration fee of 5%.
We have no responsibility for potential tax consequences related to the income You receive by sharing Your private charging boxes.
If You choose to disable Public Sharing while a user is charging on Your shared charging boxes, charging will continue until it is completed and the user has disconnected the charging cable.
It is expressly forbidden to use or access the Platform for illegal or non-authorised purposes. In particular, the following actions are not allowed:
- Use of the Platform in any manner that may cause damages, interruptions, inefficiencies or defective functioning of the Platform or the device of a third party;
- Use of the Platform for the transmission, installation, or publication of any virus, malicious code, or any other harmful file;
- Use of the Platform for the collection of personal data;
- Carrying out webscrapping or similar actions;
- Use of the Platform in any unlawful manner or in a manner which promotes or encourages illegal activity;
- The unauthorized access to any section of the Platform, to any systems or networks connected to the Platform, or to any the server used by Us or Our provider/s, as well as access to the Services offered through the Platform, through piracy or hacking, password mining or any other illegitimate means;
- The breach or the attempt to breach the security or authentication measures of the Platform or any network that is connected to the Platform, as well as the security or authentication measures associated to the content that is hosted in the Platform;
- Performing an action that may cause an unnecessary or disproportionate load on the Platform, or which may damage, disable or overburden its infrastructure, or the systems and networks used by Us or Our provider/s, as well as the systems and networks connected to the Platform;
- Carrying out any action that causes a disproportionate or unnecessary saturation in the facilities of the Platform or in the systems or networks used by Us or Our provider/s, as well as in the systems and networks connected to the Platform.
Failure to comply with any of the aforementioned obligations may entail the application of any measures that We deem necessary or merely convenient, without the obligation to compensate You for any damages which may arise as a result.
We expressly reserve the right to suspend, block, modify, restrict, or temporarily or permanently interrupt Your access, navigation and/or use of the Platform, with or without prior notice, if We notice that You are infringing any of the provisions detailed in the Terms or any other applicable terms.
5. ACCESS AND REGISTRATION.
Access to the Platform is open to the general public and registration is optional. However, upon first access to Our Platform, You will be prompted to register with Us. Such registration is not required to access and use the Services, but if You register, Your charging history, payment methods and usage statistics, among others, will be associated to Your profile, which will allow You to carry such information over to any other device that You may use to access the Platform.
Registration is free of charge, but Your use of the located public chargers is subject to payment of the corresponding fees, as identified within the Platform when selecting any specific charger.
If You choose to register, You must provide the requested information, which will include an e-mail or phone number, or the use of any third-party connectors that are available from time to time. You will also need to provide certain personal information (full name and country of residence) and complete any verification steps that may be implemented in the registration process at the time.
Once You have registered, You will be able to log into Your account on any compatible device by using Your access credentials, which You must treat as strictly confidential and not disclose them to any third party.
We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms. If You know or suspect that anyone other than You knows Your access credentials, You must promptly notify us at Admin.email@example.com.
We will not be liable for the accuracy or reliability of the data provided, thus You will be solely liable for any possible consequence, errors or failures related to the use of the provided data.
You shall make diligent use of Your access credentials and shall not make them available to any third party. You shall be responsible for keeping adequate custody of Your access credentials and shall be liable for any illicit use of the Platform by any illegitimate third party who accesses the Platform using Your access credentials.
6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
All intellectual property rights over the Platform, the information and materials contained therein, including but not limited to the Platform itself and any texts, images, illustrations, logos, any and all trademarks, as well as any brands, trademarks, logos or other distinctive signs of any third party, graphs, designs, interfaces and any other information, content or services available through the Platform are owned by Us or have been licensed to Us accordingly by their corresponding owners.
Your use of the Platform and its contents and services, regardless of their type or form, shall in no case involve any waiver, transmission, license or transfer by Us, whether in whole or in part, of the mentioned intellectual property rights. You are granted a right to use the Platform and its contents for the purposes of using the Services provided by Us and in accordance with the Terms, together with any other documents referred to herein or applicable to any of such services available through the Platform.
We expressly reserve all intellectual property rights over the Platform and its contents. Particularly, We do not allow modification, copy, reproduction, communication, transformation or distribution in any media or form, in whole or in part, of the Platform or any of its contents for any public or commercial purpose, except under Our prior, explicit and written authorization.
Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that may identify Platform content right-holders, as well as technical protection devices, digital prints or any protective mechanism or information incorporated to the Platform.
References to Our brands, trademarks, logos or distinctive signs, or those of any third party, carry the implicit prohibition regarding their use without Our consent or that of their lawful holder. Access, navigation and use of the Platform does not grant You any right over such brands, trademarks, logos or distinctive signs.
In the event that You submit or send Us information of any kind through the Platform, including any information regarding Your home charging stations, You acknowledge, warrant and accept that You have the necessary rights to do so, and that such information does not infringe intellectual property rights of any third party, and that such information is not confidential or detrimental to third parties. In this sense, You grant us a licence to use the information provided through the Platform, as necessary in order to provide You the requested services.
You acknowledge and accept that You will be liable for the information that You provide, including its accuracy, and shall indemnify Us and hold Us harmless for all damages, losses and costs (including, but not limited to, reasonable attorney fees and costs) related to all third-party claims, charges and investigations caused by: (i) Your failure to comply with these Terms, including, without limitation, Your submission of information, data or materials of any kind that violate third-party rights or applicable laws; (ii) any content You submit to the Platform, and (iii) any activity in which You engage on or through the same.
If You suspect or are informed about the existence of any illicit or illegal content, including content that could infringe the rights of third parties, please notify Us through the following e-mail address in order to ensure that we can take appropriate measures:.
We reserve the right to refuse or delete any content from the Platform or to terminate Your use of the same in accordance these Terms.
Similarly, if You consider that the Platform or its contents infringe Your own intellectual property rights, or any other rights, please send Us an e-mail to the address indicated above, with the following information:
- Identification of the claimant and its representative, including contact information.
- Relevant documentation that supports Your claim, identifying the holder of the infringed rights.
- Detailed account of the rights that have been supposedly infringed by Us or any of Our users, as well as their precise location within Our Platform.
- An express statement declaring that the content has been used without consent from its right-holder.
7. DEVICES AND EQUIPMENT.
7.1. Use of charging points.
You are responsible for providing, if necessary, a Mode 3 Type 2 cable for AC charging at stations with Model 3 Type 2 connectors.
The respective owners of charging points in Our network are responsible for ensuring that the charging points comply with applicable standards, laws and regulations. If You have signed a Connect service agreement on the charging points with Us, We have assumed this responsibility as long as You have a Connect service agreement with Us.
The charging capacity of the charging points is dependent on several factors, such as the technical condition of the electric car, the battery level and the charging point’s capacity, where the component with the lowest common denominator will determine the power that the electric vehicle can receive. We cannot therefore guarantee that charging Your electric vehicle is possible within a minimum/maximum power range.
Instructions for use of Our network’s charging points can be found either in the Platform or on or next to the charging points.
The charging points may only be used for charging electric vehicles.
7.2. Availability of charging points.
Charging services are available to users on a 24/7/365 basis, but in practice the possibility of charging may be limited, e.g., because nearby charging points are occupied by other users, because some charging points are not available at certain times of day due to special and/or local restrictions, e.g., in the form of parking rules.
We aim to ensure that Our charging points are as functional as possible. If a charging point is affected by technical faults, We will try to correct the fault as soon as possible, provided that it belongs or is managed by Us. If a charging point belongs to a third party, We will make best efforts to either contact the relevant owner to notify the fault or disable the charging point in Our Platform. If a charging point is out of service for an extended period of time, this will be indicated in the Platform.
We reserve the right, without compensation to You, to modify or temporarily close the charging service or a charging point for reasons such as updates, maintenance and error correction or due to force majeure circumstances beyond Our control.
7.3. Our Platform.
You will need the correct devices and connection to have access to the Platform. Any costs associated with Your internet connection to access Our Services will be Your responsibility.
We may stop supporting any of the browsers, devices or operating systems at any time at Our discretion, with no liability to You. When a browser, device or operating system is no longer supported, we will stop fixing issues for it. We will make best efforts to notify Our users in advance should this occur, via in-app notifications, e-mail communications or analogous means.
We are not responsible for Your failure to have access to or use the Platform due to an Internet overload or due to faults or problems related to devices, equipment and/or networks.
8 FEES AND PAYMENT.
The applicable fees for the use of a charging point in Our network are shown in the overview information when You select each charging point in the Platform and are further identified before You initiate a request to charge at the selected location. We do not add additional charges to the fees charged to You for Your use of each charging location.
Please note that the minimum price for each charge made via the Platform is 0.50 EUR, VAT included.
Occasionally, You may be able to use vouchers that You obtain from Us or from certain partners that allow You to obtain credit or discounts for future charging services. To activate Your voucher and be able to use the Services at the price allowed by the voucher, You must enter the voucher code in the Payments section of Your personal area within the Platform.
If Our charging points are used or accessible via any third-party platform, We will not be responsible for any additional fees, charges or costs that may be imposed by such third-party platform.
Any charging service that is contracted via the Platform will be billed once the charging session is completed and charged to the payment method that You have selected. You will receive the corresponding receipt within the app as well as via e-mail, identifying both the total charging consumption and the total price.
For this purpose, We offer the following payment methods:
- Credit or debit card owned by You;
- ‘Charge card’ or ‘token’ provided by Us. Please note that, in order to have this payment method available, You will have to order the Charge card specifically from Us at the national Adamant Repower office or through email at:, by paying the corresponding price and providing any information that We may request in order to enable this payment method. The Charge card may not be shared with third parties. We may reject Your request or application for a Charge card if We suspect any misuse.
If You use Your own credit or debit card, You will be charged immediately for the total amount of the corresponding charging session.
If You use a Charge card obtained from Us, You will be invoiced monthly in arrears at the end of each calendar month for Your total consumption during that period. Payment shall be received by Us no later than the due date as stated on the invoice. We are entitled to claim interest from You, in addition to the invoiced amount, from the due date stated on the invoice in the event of any default in payment by You. To this end, We shall apply the legally established interest for late payment that is applicable at the time of Your default. In the case of a faulty payment by You, We are also entitled to charge a reasonable fee for any payment handling that We may need to perform in order to collect the correct and full amount from You. This fee will be aligned with Our price list published at (terms & conditions).
The price for charging via eRoaming is always defined by the local charging operator and will be shown in the Platform at a given location (please take notice of the specific price for each location or click the “Price” button and read the information carefully before initiating a charging session).
You will be responsible for paying Us for all use of the charging service carried out through Your account or with a charge card, unless You have previously informed Us that Your account or, as applicable, Your charge card have been lost or stolen, as per Article 524 Book 7 of the Dutch Civil Code// Article 46 of Spanish Royal Decree 19/2018, from 23 November, on Payment Services.
However, this does not apply if You have contributed to the unauthorized use through fraudulent or negligent use.
We have the right to suspend Your account or restrict Your access to the Platform if You fail to meet Our payment terms.
9. ELECTRONIC CONTRACTING.
In accordance with the provisions of article 227a Book 6 of the Dutch Civil Code// article 23 of Spanish Law 34/2002, of 11 July, on information society services and electronic commerce, contracts concluded by electronic means will produce all the effects provided for by the legal system, when consent and the rest of requirements necessary for their validity are met.
In any case, the electronic means on which these Terms are recorded shall be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it will be understood that the completion of all the phases of the purchase process and the payment of the corresponding economic amount necessarily imply the provision of the consent required for contracting.
Likewise, in accordance with the provisions of Article 227b Book 6 of the Dutch Civil Code// Article 27 of Spanish Law 34/2002 all information relating to the contracting procedure is made available to You prior to the start of the contracting procedure, which shall only be applicable if You decide to proceed with contracting the Services offered through the Platform.
10. NO RIGHT OF WITHDRAWAL.
You acknowledge and accept that, once You choose a charger and input or select a valid payment method to use the charger, the Service will commence automatically. Therefore, You hereby acknowledge and accept that You will have no right to withdrawal regarding any charging service that You acquire.
11. CUSTOMER SERVICE.
We offer Our users a Customer Service for any queries, complaints and suggestions that You may have, which is available through the following:
- E-mail: firstname.lastname@example.org
- Telephone no.: +31 8002323800 (NL)
- SP: +34 912559512
Our Customer Service will be available Monday through Friday, 9:00-18:00 (GMT +1). We endeavour to reply timely to any communications received through Our Customer Service, but please expect reasonable delay in Our response.
12.1. Links to other websites.
In the event that the Platform displays hyperlinks to other websites by means of buttons, links, banners or embedded content, We inform You that, unless otherwise specified, these are managed and under the control of the relevant third parties. We have no control or means, whether technical or human, to monitor, control or approve the information, contents, or services provided by other platforms that may be linked to from the Platform.
Consequently, We cannot be held liable for any aspect of the linked website, including, but not limited to, its performance, access, data, information, quality, reliability of and services, any links available in the website and/or any of its contents in general.
In this respect, if You have factual knowledge that third parties are engaging in illegal or immoral activities through any of these websites, You should immediately notify Us in order to remove the relevant hyperlink from the Platform.
In any case, the establishment of any kind of hyperlink in the Platform to another website does not imply any type of relationship, collaboration or dependency between Us and the owners of the third party website.
12.2. Links to the Platform from other websites.
We do not allow linking to the Platform from websites that include content or information that is in any way illicit, illegal, degrading or obscene, or that in general contravene the law, morality public order or generally accepted social standards.
We have no control nor human or technical resources to access or approve the information, contents, and services provided by other websites that may establish links to Our Platform. We shall not be liable for any aspect related to the website that contains the link, including, but not limited to, aspects relating to its operation, access, data, information, reliance and quality of its services, its own links and/or any of its contents in general. The existence of any links to the Platform does not imply any type of relationship, collaboration or dependency between Us and the owners of the third-party website.
13. REPRESENTATIONS AND WARRANTIES.
We cannot warrant the reliability, usefulness and veracity of all the information, services and/or content available on the Platform, nor the usefulness or veracity of the documentation provided therein. As a consequence, We cannot warrant and shall not be liable for:
- The continuity of the contents and services available on the Platform;
- The absence of errors on the Platform and/or its Services;
- The absence of virus and/or any other damaging components in the Platform or the server providing the Platform;
- The invulnerability of the Platform or the security measures adopted;
- Possible security errors or breaches that may be caused as a consequence of Your access to the Platform using an infected device;
- Third party breaches that may affect You and other users of the Platform, and any other websites and/or systems operated by Us;
- The lack of usefulness or the malfunction of any of the contents of the Platform;
- The damages or losses caused by any person who violates the Terms, whether caused to themselves or to third parties;
- Intellectual property infringements by third parties;
- Use by third parties of elements owned by Us that may be deceptive as to such third parties’ identification;
- Delays, erasure, erroneous delivery or failure to save communications from You or personal configurations of the Platform;
- Decisions taken by You as a result of information provided through the Platform, nor any damages caused to You or third parties as a consequence of actions taken based solely on information contained in the Platform;
- The content of Your communications sent via the Platform, the use of which is subject to all applicable laws and regulations;
- Damages caused to Your equipment or that of third parties during Your use of the Platform;
- Damages of any nature that may arise from the access or use of the contents of the Platform;
- Failures in the functioning of the Platform or of any of its services as a result of circumstances beyond Our reasonable control;
- Consequences arising from a defective functioning of Your browser or app or the use of outdated versions of the same;
- The illicit, negligent, fraudulent use of the Platform or its contents or services by its users, or any use that is contrary to the Terms, good faith and/or public order;
- Damages of any kind caused to You as a result of failures or disconnections of telecommunications networks or any other electronic systems that cause a suspension, cancellation or interruption of the services and/or which affect the availability of the Platform, at any time.
Particularly, We shall not be liable for:
- Damages arising out of incompatibilities between Your electric vehicle and any charging points, or because of Your use of the charging services or charging points if they conflict with the instructions and technical requirements set out in these Terms or made available to You at other times, including at the charging point itself or Your vehicle’s instructions or charging specifications;
- Indirect or consequential damages attributable to damage to Your property and as a result of Your use of the charging service or charging point;
- Any losses caused by erroneous or inaccurate data provided in the form of information required for using the Platform, also applicable when the Platform is not operational.
You are not entitled to compensation if a charging point in Our public network is closed, unavailable or not working.
You are responsible for complying with all guidelines and requirements according to any instructions that We may provide from time to time. This includes responsibility for ensuring that the electric vehicle that You use meets all charging requirements prior to using Our charging Services.
You are also responsible for ensuring that the Platform and/or Your payment methods are not accessed by unauthorized persons and, if this happens, blocking Your account or payment method and notifying us without undue delay.
Additionally, We shall in no case be liable for any losses or damages of any kind arising, directly or indirectly, from Your failure to read these Terms. You are sole liable for any losses and damages of any kind arising from the transmission, diffusion, storage, availability, reception, obtention or access to the Platform and for all Your actions within or related to the same.
We reserve the right to deny access to Our service for any reason and/or to interrupt the service, whether in whole or in part, at any time and without prior notice. Particularly, We reserve the right to immediately block Your access to charging via Our Platform in the event of misuse, risk or suspicion of unsafe or unauthorized use of Our Platform or any charging point, including the risk of You not fulfilling Your obligations to Us.
Access to the Platform does not imply any obligation by Us to control the absence of virus or any other damaging component. It is Your responsibility, in any case, to equip Your systems and devices with appropriate tools to detect and disinfect such damaging components.
Notwithstanding the above, We have adopted all necessary measures, within Our reasonable control and possibilities and within state-of-the-art, to warrant the functioning of the Platform and to reduce system failures to a minimum, both from a technical perspective and regarding the contents published on the Platform.
We cannot warrant the reliability, lawfulness and usefulness of the contents provided by third parties through the Platform. If You become aware of the existence of any content that is illegal, unlawful or which infringes third party rights, please notify Us immediately so that appropriate measures can be taken.
We shall not be liable for the veracity, integrity or outdated characteristics of the information published on the Platform by sources other than Us, including charging stations owned or managed by third parties. This also applies to information contained in other platforms or websites that are linked to from the Platform. We shall not be liable for any damages that could be caused by the use of said information.
We shall not be liable for any delay or failure to comply with Our obligations under these Terms if the delay or failure arises from any circumstance that is beyond Our reasonable control, such as: force majeure, problems when accessing the Internet, technological problems beyond Our diligent and reasonable management, actions or omissions of third parties, amongst others. In all these cases, which are beyond Our reasonable control and due diligence, there will be no compensation for You for damages or losses, to the extent permitted by applicable law.
You agree to indemnify Us and hold Us harmless for all damages, losses and costs (including, but not limited to, reasonable attorney fees and costs) related to all third-party claims, charges and investigations caused by: (i) Your failure to comply with these Terms, including, without limitation, Your submission of content that violates third-party rights or applicable laws; (ii) any content You submit to the Platform, and (iii) any activity in which You engage on or through the Platform.
14. TERM AND TERMINATION.
These Terms, which govern Your use of the Platform and Services, shall enter into force between You and Us upon Your access to the Platform and, for each use of the Services, when You request the use of a particular charging station and select a valid payment method for such use.
These Terms, or any modified version of the same at any point in time, shall remain in force until You cease using Our Platform and Services or We terminate or suspend Your account following any of the causes for termination described in these Terms.
Particularly, We may terminate Our agreement with You upon:
- Your failure to make any corresponding payment;
- Your infringement of Our rights and/or of any third-party rights;
- Your misuse of the Services;
- Your breach of any of the terms and conditions set forth in these Terms;
- Discontinuance of the Platform by Us, for any reason.
Termination by Us shall in no case entitle You to receive compensation of any kind.
In any case, upon termination of this agreement between You and Us, You shall cease using the Platform and Services provided by Us.
We may inform and collaborate with the competent authorities if We detect any infringement of applicable law or if We suspect that You are committing any criminal offence.
You represent that You shall treat as strictly confidential any and all data, documentation and information obtained as a result of these Terms, including all business, financial, operational, technical and marketing information, and any other information of a secret or proprietary nature, or which must be treated as confidential, relating to Us, the Platform, Our Services, this agreement or any third party (hereinafter, the “Confidential Information”).
You undertake not to reveal or disclose the Confidential Information to any other person or entity, and acknowledge that You are not entitled to reproduce, use, sell, licence, exhibit, publish or otherwise disclose it in any way without Our prior written consent.
16.1. Headings and severability.
The headings contained herein are merely informative and do not affect, qualify or encourage interpretation of the Terms.
If any of the Terms is disallowed or found to be ineffective by a competent Court or regulator, such ineffectiveness shall not affect the remaining provisions, which shall continue to apply.
You acknowledge that We may transfer or assign all or part of Your rights and obligations under these Terms to another company within Our corporate group or to another party that can reasonably be expected to fulfil the obligations under these Terms in a satisfactory manner.
You shall not transfer or otherwise assign or grant Your rights or obligations under these Terms to any third party.
These Terms are currently valid and enforceable. We have the right to terminate these Terms with immediate effect if You violate the terms and conditions or use the charging services or a recharging point in such a way as to cause inconvenience or damage to Us.
16.4. Modifications and amendments.
We have the right to modify these Terms, in whole or in part, at any time. The changes will be published on the Platform similarly to how these Terms are made available. We will provide You with reasonable prior notice by e-mail or in-app notifications, prompting You to review the amended Terms. If You do not agree with Our changes, Your sole remedy will be to cease using the Platform prior to the changes becoming effective. You will not be entitled to compensation of any kind.
You do not need to accept the Terms for them to be applicable to You. Instead, they will become automatically enforceable upon their effective date, which we will make best efforts to communicate to You in advance. In any case, the amended Terms become effective from the moment they are published on the Platform.
16.5. No waiver
In the event that You breach these Terms and We take no action against You, We will not be considered to have waived Our rights in respect of Your breach and We shall still be entitled to use Our rights and remedies in any other situation where You breach the Terms.
17. GOVERNING LAW AND JURISDICTION.
This Platform, including Your use of the same, and particularly these Terms shall be subject to and interpreted and enforced in accordance with Spanish law.
For all disputes, actions or claims that may arise regarding the interpretation and application of these Terms, You and We agree to submit to the jurisdiction of the Courts of the city of Madrid (Spain) with express and voluntary waiver to any other jurisdiction.
Last updated: January 2023.
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