The “Chargecar.com” application allows you to identify the charging stations for electric cars of participating managers, view their costs, kW, distance, availability of outlets, as well as carry out and pay for charges, directly from a smartphone (hereinafter collectively referred to as “Services”).
By accessing and using the App or any of its features on smartphones, tablets or other mobile devices, the user confirms that he/she has carefully read and accepted this document containing the Terms and Conditions of use of the App.
For more information, please also consult the website https://www.Chargecar.com and read the FAQ.
1. OWNER: Chargecar.com App is owned and operated by Innovationclub S.r.l., P.I. 03945110363, with registered office in Modena, Via Emilia Est n. 776/6, 41125, PEC: firstname.lastname@example.org (hereinafter only “Innovationclub”) and is made available to users via internet/mobile smartphone.
2. RESTRICTIONS and ACCESS: the use of the App and Services by the user is allowed only for personal purposes. It is expressly forbidden, in any case, to the user to market the App and/or the Services for any reason, such as, but not limited to, agent or reseller or dealer or distributor or licensee of Innovationclub. The use of the App requires access to the internet and/or a mobile connection for smartphones, the costs of which are entirely sustained by the user and are established by the contract in place with each connection provider. To use certain Services, you must also create your own account and/or log in to the App and provide details of a valid payment method.
3. MINIMUM FUNCTIONAL REQUIREMENTS: in order to allow installation and optimal operation of the App, the device must have the following minimum functional requirements:
a. Smartphone operating system: iOS and Android;
b. Hardware features:
i. for iOS operating systems – 10.0 and later, iPhone/iPad;
ii. for Android operating systems – 5.1 and later.
4. SERVICE COSTS: the user can download, install and use the App free of charge, unless otherwise indicated by Innovationclub. Innovationclub may introduce additional Services for a fee and may make available to users the use of the App and/or individual Services free of charge even for a trial period for promotional purposes. The user acknowledges and accepts that, in the case of paid Services, at the end of any trial period, the use of the App and/or Services may only take place after payment of a fee by the user to Innovationclub. In the case of paid Services at the end of the promotional period, Innovationclub will communicate to the user, by email and/or through the App, the technical and economic conditions for continuing to use the App and/or each Service and the amount subsequently due.
The costs and charges due for recharging, parking, tolls, and for use of the internet network necessary for the operation of the App, remain the sole and full responsibility of the user.
6. SECURITY: access credentials must be kept by the user, who is solely responsible for their storage and appropriate use. The user must therefore take all necessary precautions to ensure that they are used properly and are kept secret and not disclosed to unauthorized persons. The user is responsible for any activity carried out through his/her account and is liable for damages resulting from the improper use of his/her access data to the App by third parties, undertaking as of now to indemnify and release Innovationclub from any responsibility of any possible request, including compensation for damages, determined, directly or indirectly, by the aforementioned use or abuse by anyone. The user must immediately inform Innovationclub if there are reasons to believe that the user name or password are, or are likely to have been, known to a person not authorized to use them and/or used in an unauthorized manner. The user is also responsible for promptly informing Innovationclub of any unauthorized use of their mobile device or personal account and/or any other breach of security found, so that Innovationclub can deactivate/suspend the Service. In any case, Innovationclub reserves the right to suspend the credentials for access to Services through the App, if it believes that there is or is likely to be a problem of security or unauthorized use of the same.
7. OPERATION: The user acknowledges and accepts that the functions of the App are characterized by constantly evolving IT technologies, provided by third parties and not directly managed or verified by Innovationclub.
As an example and, not in any way exhaustive, the App is characterized by the following functions:
a. the App allows you to directly manage the charging procedures of vehicles with a smartphone at participating charging stations, from the unlocking of the dispenser to the end of charging, activating the connection between the user’s device and the computer systems of the participating charging stations;
b. after registering through the App, the user must connect one or more payment methods to his/her profile in order to access the Charging Services;
c. when you access your account, you can view and verify your transactions, top up, change the settings and personal data entered, add or remove payment methods from your account;
d. through the App, the user may also use the search function on a map or through proximity, which allows him/her to view the location of the participating charging stations based on the filters set;
e. at the end of each charging operation, a summary of the actions carried out is shown on the App, with an indication of the day and time of charging, the total kw charged, the total charging cost and the payment method used;
f. the App can also be used to save preferred positions and addresses and view a history of the operations carried out in the last 13 months (costs incurred and reloaded kW).
Before carrying out a recharge and activating the application of the relative costs sustained by the user, the latter will always be invited to verify the correctness of the data relating to the charging station and the selected dispenser. The App will display the summary of costs and KW, before confirming the start of the operation through the specific confirmation button.
For more information on App operation, as well as the characteristics of the Services and participating charging operators, the user is invited to read the FAQ or to contact Innovationclub, by sending an email to: info@Chargecar.com.
8. MAIN INTERFACES OF the Chargecar.com APP: the main interfaces of the App are defined as follows:
a. REGISTRATION and LOGIN (screens to access the App)
b. SEARCH (to use the search service of participating charging stations);
c. RECHARGING (for unlocking dispensers and recharging purposes);
d. HISTORY (transaction summary screen);
e. PROFILE MANAGEMENT (access screen to the functions related to personal profile and payment methods).
9. PAYMENT SERVICES for RECHARGES THROUGH THE APP: payments made by the User directly through the App will be managed through an IT payment platform provided by a third party (“Intermediary”), whose terms and conditions of use are expressly referred to. The related information provided by the user will then be transmitted and managed by this third party, through a protected connection directly to the Intermediary’s computer system that manages the transaction and communicates it to the charging station to which payment is due. Each payment confirmation will be issued by the Intermediary, displayed on the App and saved in the User’s History. If the user wants to obtain the invoice, he/she must select the appropriate function available on the App before making payment. Innovationclub assumes no role and no responsibility for payments due by the user for recharging at participating service stations.
10. THIRD PARTY SERVICES: the user acknowledges that the App allows use of multiple services provided by third parties (charging, search of participating stations, navigation, payment) through a single tool for which Innovationclub does not assume responsibility or act as an intermediary for users. The user is therefore aware that these services are subject to terms, conditions and limitations imposed by the respective third parties that provide them. For the correct use of the App and Services, the user hereby authorizes Innovationclub to provide any information to these third parties, if they are necessary to carry out the Service requested by the user through the App. Innovationclub is not in any way linked to the third parties that provide these services and is not liable for delays, omissions, negligence, force majeure or any other act of third parties, as well as any changes to the related terms of service, which may adversely affect the proper functioning of the App and/or determine any prejudice to the user or third parties.
Innovationclub is not responsible for and does not provide any guarantee about the correctness of the information provided by third parties and made available to the user through the App, including, but not limited to, location of participating charging stations, costs of charging services, availability of dispensers, opening/closing of stations, outcome of payments made.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS: the user may not copy, distribute, transmit, modify or tamper in any way with the material contained in the App. The user acknowledges that all trademarks, intellectual property, distinctive signs or name, image, photograph, written or graphic text and, more generally, any other intangible asset reproduced by Innovationclub in the App and Services are protected by the laws and international conventions on intellectual property and industrial property and remain the exclusive property of Innovationclub and/or the grantors of the latter, without access to the App and Services giving the user any right to the same. Any use, total and/or partial, of the trademarks and intellectual works is prohibited without the prior written authorization of Innovationclub, in favor of which, exclusively and in principle, they are reserved.
15. MINIMUM SERVICE LEVELS: Innovationclub will make every effort to provide availability of the functions of the App and its Services, in general, 24 hours a day, it being understood that no guarantee is provided regarding the actual availability of each Service for the aforementioned period of time. Due to the nature of Internet services and the structure of this network, the user acknowledges that the actual speed of connection to the App may vary according to the degree of congestion of the network, the quality of network infrastructures and the tools used by the user, who remains solely responsible.
16. RESPONSIBILITY OF THE USER: the user will be exclusively responsible for the correct and continuous operation of Internet and/or telephone connectivity used by the same for execution of Services. The user will also be exclusively responsible for the correct and continuous operation of the equipment and/or management systems owned and/or available, also used in the execution of Services, as well as the payments made and the use of charging facilities. The user acknowledges and accepts that the use of the App is at his/her own risk and acknowledges that he/she is solely responsible for any damage to the device through which the App is accessed, such as data loss or other that may arise by downloading, accessing or using the App.
17. LIABILITY OF INNOVATIONCLUB: without prejudice only to the provisions of mandatory regulations, Innovationclub s.r.l. does not provide any guarantee, express or implied, regarding the operation and/or use of the App and all Services and features accessed through the App. Without prejudice to the provisions of mandatory rules, Innovationclub can, in no case, be held liable for any damage, direct or indirect, special or consequential, expenses, loss of profit or any other detriment suffered by the user in relation to the use of the App.
18. CHANGES TO APP OPERATION: Innovationclub reserves the right to modify the technical characteristics of the App, systems and resources at any time, even without prior notice, if it is necessary due to technical and/or security and/or administrative and/or regulatory requirements, as well as a result of the normal technological evolution of the hardware and software components, in order to guarantee the user the same functions. Innovationclub, in particular, may change the format and content, in whole or in part, of the App, at any time, including (but not limited to) the removal of features and/or functionality of the App. Innovationclub may suspend operation of the App or any of its features and/or functionality, for maintenance, updating the content or for any other reason. App updates can be issued from time to time through dedicated channels. The user may not be able to use all or part of the App before downloading the latest version and accepting any new terms and/or conditions of use.
19. DURATION: The App is made available to the user indefinitely. In the case of use of a free trial period, at the end of the period indicated by Innovationclub, the provision of paid Services will be made available for the duration established and communicated to the user pursuant to and in the manner indicated in the previous art. 4, starting from the payment of the fee by the user. In this case, it will be automatically renewed from month to year if the user does not communicate their desire not to renew the contract to Innovationclub, by means of advance return receipt by fax or email or by certified email to be sent at least 8 (eight) days before each monthly deadline (original or renewed).
23. DEACTIVATION OF THE ACCOUNT: if the user no longer intends to use the App and Services, he/she can withdraw from this contract at any time by deactivating his/her Account, by making a specific request to Innovationclub at the email address: info@Chargecar.com, the withdrawal thus exercised will be effective thirty (30) days from the date of deactivation.
25. ASSISTANCE: the user can submit any complaints or request assistance by contacting Innovationclub by email at: info@Chargecar.com, as well as using the appropriate function available on the App. In any case, the user is required to promptly notify Innovationclub at the email address indicated above of any irregularities or malfunctions detected by the same in the use of the App and/or the Services.
26. ASSIGNMENT OF THE CONTRACT: Innovationclub reserves the right to assign this contract, or the rights deriving from it, to subsidiaries, affiliates or under common control with the same, at any time and without the need for prior communication and/or acceptance by the user.
28. CONSUMER USERS: Innovationclub informs the Consumer that to the Services that by their nature fall into the category of provision of digital content through a non-material medium, the hypothesis of exclusion of the right of withdrawal provided for by art. 59, par. 1, letter (o) of the Consumer Code; the right of withdrawal can therefore no longer be exercised after downloading the App. Innovationclub also informs the Consumer user, pursuant to art. 141-sexies, third paragraph, Consumer Code, that in the event that it is not possible to resolve a dispute between the same and Innovationclub following a complaint submitted directly by the user, Innovationclub will inform him/her about the competent bodies of Alternative Dispute Resolution (ADR) to resolve such disputes out of court, specifying whether or not he/she intends to use the aforementioned bodies to resolve the dispute itself. Innovationclub informs the Consumer that, pursuant to Regulation (EU) no. 524/2013, a European platform called Online Dispute Resolution (so-called ODR platform) has been established to facilitate out-of-court resolutions of disputes, arising between consumers and professionals, concerning contractual obligations deriving from online sales or service contracts between a consumer residing in the European Union and a professional established in the European Union. This ODR platform, which the User can use to resolve any disputes that may arise with Innovationclub can be consulted through the internet address http://ec.europa.eu/consumers/odr/. Regardless of the outcome of an out-of-court settlement procedure of the dispute that may have been established, the right of the Consumer user to appeal to the Judicial Authority of his/her place of residence or domicile remains in any case.