General terms and conditions for the by Eways supported charging Application (below referred to as “the Charging Application” or “The APP”)

1. Background 

a. The Charging Application offers to the user a charging solution regarding electrical charging of cars at assigned charging points.

b. The Customer can use the Charging Application to pay for electrical charging of cars at charging points assigned to the Customer by a third party (including but not limited to real estate owners, employers, landlords and tenant-owned associations (Sw. bostadsrättsföreningar)) (“Charging Point Owner”) that has entered into an agreement with Eways regarding the relevant charging points.

c. These terms and conditions governs the customer’s use of the Charging application. The user of the Charging application (below referred to as the “Customer” or the “user”) must approve these terms and conditions in connection with registration in The Charging application and prior to initiating the use of the Charging Application.

2. Usage, ownership and responsibility for Charging application and related charging points 

a. The Customer can only use The APP at charging points assigned to the Customer by a third party that has an agreement with Eways. When the customer uses the Charging application to charge its car at such assigned locations the charging is registered in The APP and each charging is considered a separate purchase of charging between the Customer and the Charging Point Owner. Eways is only providing the Charging application and the related payment solution to the Customer and has no responsibility towards the Customer for any damage caused by the relevant charging point.

b. The Charging Point Owner is the owner of the charging point and as such responsible for the function of the charging point and fulfillment of relevant laws and regulations regarding the charging points. Eways has no responsibility towards the Customer to ensure the function or service of a certain charging point. Instructions regarding the use of the charging points and contact details for any problems related to the charging points should be made available by each Charging Point Owner in connection with the charging point or following instructions to Eways, via The APP. For the avoidance of any doubt, Eways is not responsible for damage arising as a result of (i) the customers car and the charging station are not compatible, (ii) incorrect or faulty use of the charging points or (iii) a charging point not being available or functioning properly at a certain charging point.

3. Payment

a. To pay for charging the Customer needs to register its debit or credit card in The Charging Application. The relevant debit or credit card and payment needs to be approved prior to charging at a charging point. The charging rate applicable to the charging points applicable to the relevant Customer is decided by the Charging Point Owner and the applicable rate is accessible via The Charging Application.

b. Eways has the right to suspend a Customer unless the payment terms are met.

4. Unauthorized use and liability

a. In case the Customer is informed of or has reasons to believe that The Charging Application has been or may be subject to unauthorized use, the Customer shall immediately inform Eways via available contact details inThe APP to receive further instructions from Eways regarding how to blockThe Charging Application to avoid unauthorized use.

b. Eways is liable towards the Customer for loss arising as a result of that The Charging Application has been misused by another person in accordance with the act (2010:738) on unauthorized transactions (Sw. lagen (2010:738) om obehöriga transaktioner). In the event of unauthorized transactions arising from the Customer’s breach of the obligations imposed on the Customer under the terms and conditions through gross negligence (i) the Customer is responsible for the full amount up to a maximum of SEK 12 000 if the Customer is a consumer and (ii) if the Customer is not a consumer according to the act (2010:738) on unauthorized transactions, the Customer is responsible for the full amount. The Customer is never liable for losses incurred after The APP has been blocked in accordance with section d above. Save for the liability stated in this section (b), Eways is not liable or responsible for any loss or damage arising as a result of that a device with The Charging Application installed has been lost or damaged.

5. Data privacy

a. The Charging Application collects certain personal data regarding the Customer. Protecting your privacy is very important to Eways, and we want to keep your personal data secure. In Appendix 1, you will find the applicable privacy policy containing information on how we collect and store your personal data.

6. Changes to terms and conditions, term and termination

a. The terms and conditions are valid until further notice. Eways may terminate this agreement immediately in case the Customer violates these terms and conditions or uses The Charging Application in a way that Eways assess Eways, any supplier of Eways or the Charging Point Owner could be or is damaged by the Customers use of The Charging Application.

b. The Customer may not transfer its rights and obligations under this agreement to any other party. Eways is entitled to transfer its rights and obligations under this agreement to a company within the Eways Group or to another party that could reasonably be expected to fulfill the terms and conditions towards the Customer.

c. Eways may update these terms and conditions with a prior notice of two months. Should there be any changes made to the terms and conditions, we are going to publish the updated terms and conditions in The APP and notify you either via e-mail or with a message in The Charging Application. The changes come into effect two months following such notice.

7. Governing law and disputes

a. These terms and conditions are governed by the Swedish law.

b. Disputes arising as a result of these terms and conditions and the Customers use of The APP shall be settled by the general courts of Sweden and Stockholm District Court shall be the first instance.

8. Customer service and contact information

Contact information to Eways is presented below:

HQ

Eways AB Org.nr 556167-9720

Address: Invernessvägen 2, 6tr
182 76  Stocksund, SWEDEN
Phone: +46 10 121 94 00
E-mail: info@eways.com

Support Contacts

Sweden:
Phone: +46 10 121 94 00

E-mail: se.support@eways.com

Denmark:

Phone: +45 32 15 41 00

E-mail: dk.support@eways.com

Finland:

Phone: +358 35 202 00

E-mail: fi.support@eways.com