General Terms and Conditions for the Charge Now for Business app
1. Scope
Charge Now for Business App (the "App") is provided and operated by Digital Charging Solutions GmbH (“DCS”), Rosenstraße 18-19, 10178 Berlin, Germany.
DCS is providing fleet charging services and fleet portal services to fleet operators (the "Partners"), which enable the Partners to grant access to fleet charging services to the drivers of their fleet vehicles (the “End Users”).
The App is provided by DCS for use by the End Users to access the fleet charging services as agreed between the End User and the respective Partner.
DCS does not enter into any contractual relationship with the End User regarding the provision of charging services or related services.
The use of the App is subject to these General Terms and Conditions. The current version of these General Terms and Conditions can be viewed, saved and printed via the App.
2. Registration
In order to have access to the fleet charging services as agreed between the End User and the respective Partner, the End User must be registered in the App.
Only End Users authorized by the respective Partner may register and use the App.
3. Functionalities
For informational purposes the functionalities of the App and the provision of fleet charging services are described in the App.
To be able to use the App in the best possible way, the App must be available on a suitable smartphone and the End User must log in with their login data.
As stipulated in section 1.4 above, DCS does not undertake any contractual obligation to provide fleet charging services or related services vis-à-vis the End User. DCS does not undertake any liability with regard to the accuracy or correctness of any static or dynamic information displayed via the App, in particular the information on the charging stations and their availability.
The availability of data depends on the reception and transmission range of the radio stations operated by the respective network operator and may be affected by atmospheric or topographical conditions, the position of the End User’s mobile phone as well as any obstacles (e.g. bridges and buildings).
4. End User obligations
The End User may use the App and all and any data displayed or otherwise made available in the App solely for the purposes set out in these General Terms and Conditions.
The End User shall comply with (i) the instructions provided by the Partner, (ii) the operating instructions for the vehicle to be charged as well as for any accessories used (e.g. charging cables) and (iiI) with any terms of use regarding the use of the charging points which are displayed on the charging points.
The End User shall be liable in accordance with the statutory provisions for any damage caused culpably through misuse or improper use of the App as a means of authentication or through misuse or improper charging processes.
Title and all rights in and related to all data and databases containing any data are solely owned by and reside with DCS.
5. Contact details
For general inquiries about the fleet charging service as well as in case of technical faults, the End User shall contact the Partner.
6. Liability
In case of slight negligence, DCS shall be liable only for breach of material contractual obligations (cardinal obligations). This liability shall be limited to the typical damage foreseeable at the time of contract conclusion.
The personal liability of legal representatives, vicarious agents and employees of DCS for damage caused by slight negligence shall also be limited to the extent described in the preceding paragraph.
The liability of DCS in case of fraudulent concealment of a defect, under the assumption of a guarantee or under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. No limitations of liability shall apply in case of intent, gross negligence or of injury to life, body or health.
DCS is not the operator of the Charging Stations and is not liable as such.
7. Data Protection
DCS processes all personal data of the End User on behalf of the Partner and in accordance with the Data Processing Agreement concluded between DCS and the Partner. However, the processing of personal data for evaluation and improvement of the Charging App is under the sole responsibility of DCS. DCS is the controller in this respect. For further information on data processing as well as on data protection and data security, reference is made to the Data Protection Information for Charging App Users.
8. Applicable law, mediation and place of jurisdiction
Any legal relationship base on these General Terms and Conditions is subject to the laws of Germany, the United Nations Convention on Contracts for the International Sale of Goods does not apply. If the End User is a customer compulsory consumer protection regulations of the state in which the End User has his place of habitual residence prevail over German law if they are more favorable to the End User.
The place of jurisdiction is Munich, Germany. If the End User is a consumer and has his place of residence or habitual residence in the European Economic Area (EEA) or in Switzerland, he may also bring a claim in the country of residence. Claims from DCS against a consumer can only be brought in the country of residence of the consumer.
DCS will not participate in dispute settlement proceedings before a consumer arbitration board, nor is it obliged to do so.