Terms of Use
1. General information
These Terms of Use (the "Agreement") are entered into between the entity/person using or accessing the platform for electric vehicle drivers and charge point operators (the "Software Service") (the "User" or "You") and Current Eco AS, Frøyas gate 15, 0273 Oslo, org.nr. 912 901 491 ("CURRENT" or "we"), collectively referred to as the "Parties" or each a "Party".
By ticking off the acceptance button or otherwise start using the Software Service, you enter into an agreement with CURRENT which allows you to use the Software Service in accordance with these terms of use.
The Software Service is offered on a Software as Platform basis, and you acknowledge that the functionality in the Software Service may vary. The Software Service may consist of, but is not limited to, mobile applications and/or websites operated by CURRENT under any name. These Software Services consist of all features and functionalities related with the Software Service. On the Software Service platform, users can manage and find charge points to start and pay for electric vehicle charging sessions.
Both the Software Service and the electricity required to use the Software Service is sold and delivered to you by CURRENT.
2. Prices and payment conditions
2.1 Software Service Prices
As a starting point, the Software Service is free of any subscription fees for personal use, as the subscription is paid by the location owner. However, the location owner may relocate the basis subscription for the Software Service to you upon an agreement between you and the location owner. In the event of a notification to relocate the subscription to you, CURRENT will assume that such an agreement has been entered into. CURRENT is not responsible for the contractual relationship between you and the location owner.
In addition, CURRENT may charge you for certain additional services, such as invoice and settlement fee and transaction fee for facilitating sharing of charge points to other users.
CURRENT will charge you for the price of the electricity used when using the Software Service.
For enterprises, business entities and other partners, the Software Service may be subject to a monthly subscription plans and usage fees, as agreed on a case-by-case basis.
All prices are indicated on the Software Service before you start a charging process or initiate any other transaction.
CURRENT estimates the charging price prior to the initiation of a charge and may reserve the necessary amount through the chosen payment method. You acknowledge that the final and payable price for the use of the Software Service is dependent on use, e.g., the amount of consumed energy.
You further acknowledge that there may be additional fees, e.g., if you reserve a charging station and don't show up or overstay the reserved time, or parking fees.
2.2 Prices for other goods
All prices for other goods, including but not limited to physical goods such as RFID cards, will be clearly stated before purchase.
2.3 VAT
All applicable prices are listed inclusive of VAT for consumer, and exclusive of VAT for businesses, unless otherwise stated.
2.4 Payment conditions
You shall pay the accepted prices including stated payment method administration fees in accordance with this Agreement. CURRENT may charge you via a variety of payment methods, such as your debit/credit card, mobile payments, payment terminals or by invoice and settlement.
If you have chosen invoice as your payment method, CURRENT may send your invoice via mail or email. The invoice is also accessible in your Software Service user account. All invoices must be paid within fourteen (14) days after the issue date of the invoice, unless otherwise stated or agreed. Late payment is subject to late payment interest in accordance with the applicable law from the due date and through the actual payment date.
If late payment, with the addition of late payment interest, has not been paid within thirty (30) calendar days of the due date, CURRENT may suspend your access to the Software Service.
It is your responsibility to ensure that the registered payment method is valid, that it has sufficient balance and is not blocked. In the event that CURRENT isn't able to process payment, CURRENT reserves the right to temporarily suspend your access to the Software Service until the overdue balance is fully paid.
When you use the Software Service to charge an electric vehicle, CURRENT acts as an agent on behalf of the operator to conclude and manage your experience throughout the order process. If CURRENT has received an amount payable by you to an operator during the charging process, such payment shall discharge you of any payment obligation towards the operator.
3. use of the software service
3.1 Obligations
You shall:
(i) You will cooperate with CURRENT by providing such information and materials as CURRENT may reasonably require in order to supply the Software Services and ensure that such information is complete and accurate in all material respects.
(ii) Use the Software Service and the charging station correctly and in accordance with the provided instructions. If the charging station is damaged or defective, you should inform CURRRENT and allow us to notify the responsible installer of the charging station
(iii) Ensure that your Software Service user account is not misused by others by keeping your account secure and not grant any other users access. If you detect any misuse or use by an unauthorized person or in an unauthorized manner, you shall immediately notify CURRENT upon which CURRENT may block your access to the Software Service.
(iv) You are responsible for complying with the specific parking restrictions and regulations at the charging station (such as written instructions shown at the charging station, or the instructions given by the personnel of the charging station operators).
(v) Immediately notify CURRENT if you lose your charging key or the mobile phone on which the Software Service app has been installed, upon which CURRENT may block your access to the Software Service. If you do not notify CURRENT, CURRENT reserves the right to claim incurred losses as damage from you in accordance with applicable law.
(vi) Ensure that your use of the Software Service is compliant with all applicable regulations, laws, or conventions.
3.2 Non-permitted use
Unless explicitly granted to you in writing by CURRENT, you shall not:
(i) resell, transfer, sublicense, loan, lease or publish the Software Service,
(ii) reverse engineer, disassemble, decompile, or otherwise modify, create derivative works based on, merge, tamper with, repair, or attempt to discover the source code of the Software Service or the underlying technology,
(iii) Break or circumvent any security measures of the Software Service or configure the Software Service to avoid any incurring fees or in any way disrupt the integrity, performance, or security of the Software Service
(iv) use, or encourage, promote, facilitate, or instruct others to use the Software Service for any illegal, harmful, or offensive use or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing, or offensive.
4. Termination of the agreement
You may terminate this Agreement at any time and for any reason by deleting your account or stop using the Software Service. After termination, you will no longer have access to the Software Service.
CURRENT reserve the right, in their sole discretion, to terminate, suspend or limit any account and the contractual relationship with you if this is required by applicable law or public authorities or if you or your account is responsible for or affiliated in violation of appliance laws and regulations, this Agreement or any other relevant policy provided by CURRENT.
All sections of this Agreement which by their nature should service termination will do so, including, but not limited to, accrued rights to payment (Section 2), disclaimers (Section 6), Limitations of liability (Section 11) and confidentiality obligations (Section 16).
5. Withdrawal
When accepting this Agreement and starting the use of the Software Service, you will be asked to give your express consent that the Software Service will begin immediately, and that you have agreed that you have waived your right of withdrawal no later than when the use of the Software Service for a charging session has been completed.
For other physical products, you have the right to withdraw from the Agreement within 14 days from the day you received any such products from CURRENT. To withdraw from the Agreement, you must inform CURRENT in an unequivocal declaration by sending an e-mail to support@current.eco and return the products to CURRENT within 14 days at your own cost. CURRENT will refund the price you paid for the products, except for any extraordinary delivery costs decided by you.
6. Disclaimer
The use of the Software Service is your sole responsibility. The Software Service is provided "as is" and "as available", without warranties of any kinds. CURRENT does not guarantee that your use of the Software Service will be available continuous, uninterrupted, unchanged, error free, be without interference errors or viruses or other harmful components, or that any content or other information obtained through the use of the Software Service will be accurate. CURRENT will, to the extent that it is practical, try to provide information about reduced availability.
CURRENT is not liable and does not take any responsibility for the provision of the charging of electric vehicles by users, including but not limited to the physical charging station.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 CURRENT's Intellectual Property
All Intellectual Property Rights in and to the Software Service and any trademark and designs used in connection therewith remains in and vest with CURRENT or its licensors.
All right, title, and interest in and to Intellectual Property Rights any software, products, technology and/or information in any deliverable provided or developed by CURRENT from time to time under the Agreement, shall remain exclusively with CURRENT or CURRENT's licensors.
The provisions in this Section state the sole liability of CURRENT and your exclusive remedy in connection with infringement of CURRENT's Intellectual Property Rights.
7.2 Indemnification by CURRENT
CURRENT will settle and/or defend at its own expense and indemnify you against any cost, loss or damage arising out of any claim, demand, suit, or action brought against you to the extent that such claim, demand, suit, or action is based on a claim that the Software Service infringes any third-party's Intellectual Property Rights, provided that:
(i) You promptly inform CURRENT in writing of any such claim, demand, action, or suit, and
(ii) CURRENT is given control over the defence or settlement thereof and that you in good faith cooperate in the defence or settlement.
7.3 Handling of claims
CURRENT agrees that in negotiating any settlement pursuant to this clause, it shall act reasonably and shall consult with you before agreeing any settlement.
If a claim, demand, suit, or action alleging infringement is brought or you believe one may be brought, CURRENT shall have the option at its expense to
(i) modify the Software Service to avoid the allegation of infringement, while at the same time maintaining substantial compliance with the Agreement
(ii) obtain for you, at no cost, a right to continue utilisation of the Software Service in accordance with the Agreement free of any liability or restriction, or
(iii) if neither of the previous options are commercially feasible in CURRENT's reasonable opinion, CURRENT may terminate the Agreement immediately upon notice to you.
7.4 Waiver of liability
CURRENT shall have no responsibility for claims arising from
(i) modifications of the Software Service by you or any third-party
(ii) combination or use of Software Service with your or any third-party service, hardware or software not supplied by CURRENT if such claim would not otherwise have arisen for such combinations or use
(iii) use of other than the latest version of the Software Service provided to you by CURRENT if the use of the latest version would have avoided the infringement
(iv) use of the Software Service outside the scope of the rights granted to you in the Agreement, or
(v) a third-party alleging that you abuse, violate or in any other way infringe upon any Intellectual Property Rights of such third-party relating to third-party technology included in the Software Service.
7.5 Indemnification by you
You shall indemnify CURRENT against all damages, claims, costs, losses, and expenses because of a third-party claiming that the use by you of any derivate work created, invented, or otherwise made by you constitutes an infringement of their intellectual property rights.
7.6 Definition of Intellectual Property Rights
"Intellectual Property Rights" shall mean any copyrights, patents, patent applications, inventions (patentable or not), utility models, circuit layout rights, designs rights (registered or not), trademarks (registered/applied for or not), trade names, service marks, brands slogans, commercial symbols, logos, trade secrets, know-how and/or any other industrial and/or intellectual property rights, and any updates, improvements, derivatives, and applications thereof.
8. Ownership of services
CURRENT retains all rights to all elements of the Software Service. You are granted a limited, revocable, non-exclusive, and non-transferable right to use the Software Service as required in accordance with this Agreement and solely for the purpose of this Agreement. You do not receive any license or usage rights to the Software Service beyond what is explicitly stated in this Agreement.
You have no right to sell, lend, sub-license and/or distribute the Software Service in any way and you acknowledge that any such actions or actions related thereto would represent a violation of this Agreement.
9. Personal data
When performing its duties under this Agreement, CURRENT will process your personal data as a data controller, in accordance with applicable privacy regulations, including the GDPR. Your personal data may be transferred to third parties, such as our partners or the operator of the charging station.
If you'd like to know more about CURRENT's processing of your data, please see our privacy policy or contact us.
10. Breach of agreement
There is a breach of the Agreement if one of the parties does not meet their obligations as defined in the Agreement.
The party in breach of the Agreement has the right and obligation to remedy any breach of contract within reasonable time. To the extent CURRENT attempts to repair the relevant errors in the Software Service within reasonable time, the following shall not be deemed as breach of CURRENT's obligations:
(i) the Software Service is inaccessible;
(ii) the functionality of the Software Service is reduced; or
(iii) the response time of the Software Service is increased.
If a physical product (such as specified in section 2.2) delivered to you by CURRENT has a defect, CURRENT shall have the sole option whether to replace it or repair the defect. The relevant purchase legislation applies accordingly.
In the event a party in material breach of this Agreement has failed to correct such material breach within thirty (30) days after receiving written notice thereof by the suffering party, the suffering party may terminate the Agreement with immediate effect if the material defect has not been remedied within the expiry of the thirty (30) days' period.
11. Limitation of liability
Neither CURRENT nor any of its affiliates, licensors or suppliers shall, to the extent permitted by law, be liable for any matter arising from or related to this Agreement, your use of the Software Services or any of the websites operated by CURRENT, direct or indirect, regardless of the form of any claim or action.
In any event, CURRENT's liability shall be limited to a total amount of NOK 50 000. These limitations shall not apply to damages attributable to fraud, gross negligence, or intentional misconduct.
12. Force Majeure
If the fulfilment of the Agreement in whole or partly is prevented or to a major degree made difficult by circumstances that are outside the parties' control, the parties’ obligations shall be suspended to the extent the circumstances are relevant, and then for so long time as the circumstances last. Such circumstances include, but are not limited to, strike, lock-out, pandemics, a force majeure situation impacting sub-processors and sub-contractors and any other circumstance that according to the Norwegian law is considered force majeure. Each party is entitled to terminate the Agreement with one month’s written notice if the force majeure situation makes it particularly burdensome for such party to maintain the Agreement.
13. Assignment
You are not entitled to transfer any rights or obligations under the Agreement to any third-party without the prior written consent from CURRENT.
14. Ammendments
CURRENT reserves the right, in its sole discretion, to modify, update or otherwise change this Agreement at any time. Such revisions shall be effective 30 days after notice of the changes are given. Such notification will be given via email.
By using the Software Service after CURRENT has notified you of any revision of the Agreement, you agree to be bound by such revised Agreement. If you do not accept any such revisions, you must immediately stop using the Software Service.
15. Severability
If any part of this Agreement is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the Agreement will still be enforceable.
16. Confidentiality
Both parties, its sub-processors and other persons acting under the authority of the parties, agree to keep the terms and conditions of the Agreement confidential and not to inform any third party about its content unless required to do so by law or regulation or if mutually agreed upon in writing by the parties.
The confidentiality obligations also apply after the termination of the Agreement.
17. Governing law and dispute resolution
The Agreement shall be governed by and interpreted in accordance with Norwegian law.
Disputes arising in connection with or as a result of this Agreement shall be settled by court proceedings, unless the Parties agree otherwise. The Parties agree on Oslo city court as their legal venue.
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Updated: 06.01.2024