EnergyForce general terms and conditions for charging service
in effect from 2024-10-24
1 § Charging Service
EnergyForce Limited, registered in England & Wales with company number 09043584, Carr Farm, Rimswell, East Yorkshire HU19 2BX (hereinafter referred to as "EnergyForce"), will provide via ChargePanel (ChargePanel AB, org.no. 556963-3182, Skeppsbron 34, 11130 Stockholm, Sweden. Contact: [email protected]) a charging service for the public (hereinafter referred to as the "Customer") at charging stations connected by third parties to EnergyForce to manage and control the charging of electric current in public as well as private networks of charging stations. These general terms and conditions (hereinafter referred to as the "Terms and Conditions") apply to the charging service and the Customer's use of EnergyForce and apply to charging stations in networks connected to EnergyForce.
Stations included in the EnergyForce network are shown in the EnergyForce mobile application (hereinafter referred to as the "App").
2 § Use of the EnergyForce Mobile Application
Through EnergyForce Limited, EnergyForce offers a mobile application that makes it possible to find stations and to pay for charging at EnergyForce charging stations.
EnergyForce reserves the right to shut down the EnergyForce mobile application at any time, without compensation to the customer. The customer is not entitled to damages as a result of the EnergyForce mobile application being out of order.
3 § Use of EnergyForce Charging Stations
The customer is responsible for ensuring that the correct equipment is connected between the car and the charging socket. Each charging station owner in the EnergyForce network is responsible for ensuring that the charging stations comply with applicable standards, laws and regulations. The charging capacity depends on several factors, such as the technical conditions of the electric vehicle, the charging level of the car battery and the capacity of the charging station, of which the component with the lowest capacity will determine the power that the electric vehicle can absorb. Therefore, EnergyForce cannot guarantee that charging an electric car will be completed within any maximum time limit or with a certain minimum power.
4 § Availability
The charging service is available to the Customer 24 hours a day, but in practice, the possibility of charging may be limited, for example, by the fact that certain charging stations are not accessible at certain times due to specific restrictions. The availability of EnergyForce charging stations is communicated through the App. EnergyForce aims to ensure that charging stations in the EnergyForce network are operational to the greatest possible extent. In the event that the charging station should suffer a technical fault, EnergyForce will attempt to rectify the fault as quickly as possible.
EnergyForce reserves the right, without compensation to the Customer, to modify, restrict access to, or suspend the Charging Service or charging station for, e.g., updates, maintenance, and error correction or as a result of force majeure situations beyond the control of EnergyForce.
5 § Payment
Use of the Charging Service in the form of charging history is saved for the Customer in the App. The Customer is liable to pay EnergyForce for all use of the Charging Service undertaken. Payment for charging can be by credit card or other payment method and takes place after completion of charging. All prices displayed in the App are inclusive of VAT. When invoicing, EnergyForce is entitled to charge a reasonable fee according to the EnergyForce price list in force at the time and, where applicable, to charge statutory interest on arrears and collection costs.
Objections to charging must be submitted by the user within a maximum of 14 days following completion of charging. Eligible refunds will be made to the same payment method used for payment unless we expressly agree otherwise. In any event, EnergyForce has the right to suspend the Customer in the event of non-compliance with the terms and conditions of payment.
6 § Personal Data
This privacy policy ("Policy”) applies to our mobile application for charging services (the “Service”). In the Policy, the terms "Company", "we", "us" and "our" shall henceforth refer to EnergyForce. Here you will find information about how we process your personal data in connection with the provision of the Service or if you are otherwise in contact with us.
Why are we informing you?
We know that it is important to you how your personal data is processed. This Policy describes in detail how we collect, process, use and transfer (collectively "process") your personal data. Personal data is information that relates to an individual that is identifiable through the information, whether in combination with other information or independently.
You should read this Policy so that you know what personal data we process, on what lawful basis, for what purposes and what rights you have in connection with the use of the Service. If you have any questions about this Policy, please feel free to contact us, see contact details under “Questions and Concerns” below.
Who is the data controller?
The Company is the data controller, which means that we decide why and how your personal data is processed. It also means that we are obliged to ensure that your personal data is only processed in accordance with this Policy when you use the Service and we are obliged to provide you with the information contained in this Policy. If you have any questions, please contact us using the contact details provided in the "Questions and Concerns" section below.
In cases where we have appointed a Data Protection Officer (DPO), you can contact our DPO using the contact details provided in the "Questions and Concerns" section below.
Processing of your personal data
What personal data do we process?
The personal data we collect is set out below and can be divided into four main categories: (i) contact details, (ii) login details, (iii) banking details and (iv) user details.
- Contact details (first and last name, telephone number, e-mail address and, in specific cases, the name of the company you work for);
- Login details (first and last name, telephone number, e-mail address and IP address);
- Bank details (credit card information and, in specific cases, clearing and bank account number for payment); and
- User data (RFID tag, location information on which charging station was used, electricity charged per kilowatt hour, amount paid per charge, time of use of the Service and, in specific cases, registration number from the vehicle's licence plate).
We collect personal data directly from you when you use the Service, but we may also obtain it when you contact us. The personal data we process about you may also vary depending on which services are activated in our mobile application.
The following personal data is only processed if the Fleet Management module is activated for the Service, and the user is connected to the module:
- The name of the company you are employed by;
- Clearing and bank account number in connection with the payment; and
- Registration number from the vehicle registration plate.
Processing may be carried out by parties other than us on our behalf. Please note that if you do not provide contact details, for example, we may be unable to provide the Service or the information you request.
On what legal basis do we process your personal data?
We must always have a lawful basis, i.e. a reason arising from applicable data protection legislation, for processing your personal data. We only process your personal data on the following lawful bases:
- The processing is necessary for the performance of our agreement with you;
- The processing is necessary for purposes relating to our legitimate interest; and/or
- The processing is necessary for compliance with a legal obligation to which we are subject.
For what purposes do we process your personal data?
Below is a summary of the purposes for which we process your personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR") and other applicable data protection legislation. In some circumstances, several purposes may be relevant to a processing activity.
- Contact details (to provide the Service, customer service, manage your rights in accordance with the GDPR);
- Login details (for providing the Service);
- Bank details (for providing the Service); and
- User data (for providing the Service, business and product development, monitoring and compiling statistics, performing market and customer analyses).
Your contact details are needed for us to provide good customer service. We have a legitimate interest in being able to answer your questions and we need to be able to deal with any complaints or disputes you raise with us. We also have a legitimate interest in continually improving the Service, and your user data may therefore be used for business and product development, monitoring and compiling statistics and carrying out market and customer analyses.
Right to erasure of personal data
You may have the right to have your personal data erased (also known as the "right to be forgotten") if, for example, you believe that the data we are processing is inaccurate, if the data is no longer needed for the purposes for which it was collected or if the processing itself is unlawful. You can also remove your account yourself in the app under your profile on > settings > remove account.
7 § Responsibility for errors etc.
EnergyForce shall not be liable for any damage arising from a lack of compatibility between the Customer's vehicle and the charging station, or from the Customer's use of the Charging Service or the charging station contrary to the instructions and technical requirements in force at the time, as set out in this Agreement or as otherwise made available to the Customer by EnergyForce.
EnergyForce shall not be liable for indirect or consequential damages relating to damage to the Customer's property resulting from the Customer's use of the Charging Service or the charging station.
The Customer is not entitled to damages due to the closure or malfunction of a charging station.
The Customer is responsible for complying with all guidelines and requirements in accordance with the instructions given by EnergyForce from time to time. This includes responsibility for ensuring that the electric vehicle used by the Customer in connection with the Charging Service complies with all charging requirements.
EnergyForce reserves the right to block the Customer with immediate effect in the event of misuse of the service, if there is a suspicion of unauthorised use or a risk that the Customer will not fulfil his/her obligations towards EnergyForce.
8 § Transfer of Agreement
The Customer agrees that EnergyForce may assign all or part of its rights and obligations under this agreement on unchanged terms to another company within the same group or to another party that can reasonably be expected to perform the obligations under the agreement in a satisfactory manner. The customer is not entitled to transfer or assign its rights or obligations under the agreement to another party, in whole or in part.
9 § Validity of the Agreement
These terms and conditions are valid until further notice. EnergyForce has the right to terminate this agreement with immediate effect if the Customer breaches these terms and conditions or uses the Charging Service or a charging station in such a way that inconvenience or damage is caused to EnergyForce.
10 § Amendment of Conditions
EnergyForce has the right to amend these terms and conditions provided that the customer is notified of the amendment by email at least two months before the amendment comes into force. In such cases, the customer shall be deemed to have been notified two days after the email was sent.
11 § Dispute
Disputes concerning the application or interpretation of the Terms and Conditions shall be resolved in the first instance by negotiation and agreement between the parties. If no agreement can be reached, the dispute shall be settled by a general court, in which case the law of England and Wales shall apply. Disputes may also be heard by the relevant consumer disputes board.
