1 IDENTIFICATION OF PARTIES
The service providers are the following entities that are resident in the country in which the customer uses the powerbank for personal needs (hereinafter referred to as: “VMP”):
● a) CityCharge AS Gaustadalleen 21, 0349 Oslo, Norway
Contact information (“SAT”):
● E-M ail: firstname.lastname@example.org
● Gaustadalleen 21, 0349 Oslo, Norway
The user (hereinafter referred to as “user”) is a person of legal majority who uses the service offered by CityCharge, carried out and expressly approved the registration process and accepted these Terms and Conditions.
To complete the registration process and to be able to use the CityCharge service, the General Terms and Conditions have to be approved by selecting the respective checkbox
2 GENERAL TERMS
The acceptance of the these General Terms assumes the acceptance of the Special Terms and their appendices.
These General Terms, the Special Terms and the appendices can be accessed on the CityCharge website www.mycitycharge.com and on the mobile CityCharge app. All this may be modified or updated by the company at any time.
The user will be informed about any updates or modifications of the General Terms, Special Terms and appendices so that they can be accepted according to the provisions of point 14 of these General Terms.
For the purpose of these General Terms, the following definitions apply:
● User: the person with a properly validated CityCharge user account and the person who uses the rental services of the powerbank for personal use (hereinafter referred to as: “VMP”).
● General terms: : refer to the sections of this document.
● CityCharge application: the mobile application which is used to manage and utilize the VMP rental service.
● Website: refers to the page with the URL www.mycitycharge.com.
● User account: the account created by the user during the registration process in the CityCharge application, validated by CityCharge and required to conclude a contract regarding the service.
● VMP: powerbank that can be rented by user for the personal use.
● Service: the service of the VMP rent, which is billed via one of the following methods:
ii) rent per day.
iii) rent based on a monthly or yearly subscription.
● SAT: Customer service which can be reached under the following contact information:
The contract relationship between the parties is governed by the General Terms as well as the Special Terms and their appendices.
Subject of these General Terms is the regulation of the rental service of the VMPs for the benefit of the user in the city. The service comprises of the rental of the VMPs for the effective useful life (per charge or per minute) or of a rent per day, month or year.
Through the rental of the VMPs by the user, the ownership of the VMPs is not abandoned or transferred. They remain the property of CityCharge.
The rental service of the VMPs is subject to the availability of the VMPs. The user can see the location and availability of the VMPs in the CityCharge app.
5. REQUIREMENTS FOR THE USE OF THE CityCharge SERVICE
The user has to meet the following requirements to be able to utilize the rental service of VMPs offered by CityCharge:
5.1 Has to be at least 18 years old or has reached the legal age
5.2 Has to have a CityCharge user account
5.3 Has accepted these General Terms that include the Special Terms and appendices.
6 USER REGISTRATION, USER ACCOUNT
The registration process is free of charge.
To carry out the registration process, the CityCharge app has to be downloaded via the online app stores or on the website.
After the CityCharge app has been downloaded, a user account has to be created. For this purpose, the registration has to be completed and the information required has to be transmitted.
It will be necessary to provide information about the selected payment method.
The email address entered during the setup of the user account cannot be changed at a later time.
After the registration process has been completed, CityCharge checks the account. When it was confirmed and activated, the user will be notified immediately.
A user cannot have more than one user account.
The user account is personal and cannot be transferred. Moreover, the user has to be the only person utilizing the service. The user has to take appropriate measures to ensure the confidentiality of the user account information, especially the login data.
In case the login data of the user account are lost or stolen or reasonable suspicion exists that the account is used by a third person, the user shall inform CityCharge immediately via the contact information provided in these General Terms.
If the user is at fault (intent or gross negligence), they are liable for all liabilities or damages arising from the use of their user account by a third person.
The user is obliged to keep the information provided for creating their user account, especially the billing and contact information (except the email addressed entered during the registration process and the selected payment method), up to date. The failure to comply with this requirement entitles CityCharge to suspend the service for the user.
7 NETWORK ACCESS
The user needs to connect the device with the Internet to be able to download the CityCharge app and complete the service via these General Terms.
The user accepts that CityCharge is not responsible for the quality and availability of the Internet network and that the availability of the service can be impaired by the quality and availability of the Internet connection, which is provided to the user by their telecommunications provider.
CityCharge gives no performance guarantee for the CityCharge app. It is not part of the performance that the CityCharge app is available, safe or flawless at any time or that minor errors in the software or service will be fixed. In this respect CityCharge does not offer any warranty.
When creating the user account, the user accepts that CityCharge can send informative text messages (SMS), emails as well as automated notifications as part of the normal operations.
9 PRICE, PAYMENT METHOD, MEANS OF PAYMENT, INVOICE
The price of the service depends on the Special Terms of the respective city that can be changed according to the provisions of point 14.
The prices include the taxes applicable to the country in which the city is located.
The current prices applying for every city can be found on the website and in the CityCharge app.
9.2 PAYMENT METHOD
The price for the service shall be paid as follows:
i) The usage fee (by minutes or effective duration) shall be paid when the VMP is provided.
ii) The daily rent shall be paid at the time of the booking
iii) The rent for monthly or yearly subscriptions are paid at the beginning of the subscription period.
9.3 MEANS OF PAYMENT
The price shall be paid by the means of payment which is specified in the user account at the relevant time.
The payment method may be selected during the creation of the user account or at a later point in time in the settings under preferred payment method.
The means of payment that can be selected in the CityCharge app are those which are each indicated in the application.
The available payment methods are the following (among others):
i) “credit account”, which was created automatically in the user account. Here, the user can deposit funds in an account. The price of the service for any contractually agreed service will be charged to the credit account.
ii) credit card (Visa, Mastercard or American Express)
iii) bank account (direct debit)
iv) other means of payment that shall be specified in the app.
Additionally, CityCharge can, at its own direction, disburse rewards or bonuses to the users. They are listed in a separate account called bonus account. The user can see the remaining amount of the credit account and bonus account in the user account at any time.
The balances in the bonus account cannot be transferred to third parties or other users of the service. Furthermore, they cannot be used outside of the CityCharge app.
In case the user terminated the service, the balance in the bonus account will be canceled automatically.
9.4 OUTSTANDING PAYMENTS
In case of outstanding payments to CityCharge, the service shall be automatically disabled for the user (temporarily), until the pending payment has been fully settled. If the outstanding payment cannot be pursued as set, the contractual relationship shall be terminated and the service shall be canceled permanently.
Payments can be deemed outstanding for credit related to services rendered, for amounts due for damages of the VMP, for fines, sanctions, loss of the VMP or for any other amount the user owes to CityCharge according to the conditions set in these General Terms.
For the collection of outstanding payments, the following process shall be used, which is free of charge for the user:
i) First, the balance in the bonus account shall be used to collect the money.
i) In case the bonus account does not show any credit, the balance in the credit account shall be used. If this amount is not sufficient, CityCharge is entitled to settle the remaining costs via another payment method configured in the user account (credit card, direct debit or other method).
i) In case of the termination of the contract by the user, the user has to settle outstanding payments, which are not payable with the balance in the bonus account. CityCharge is in any case entitled to collect the remaining amount via the payment method set in the user account (credit card, direct debit or another method).
If it is not possible to collect the outstanding payments via one of the methods mentioned here, CityCharge is entitled to transfer the claim to a debt collecting agency for collection. CityCharge is entitled to charge the user for its own and third-party collection measures, insofar they were necessary for the relevant handling and are proportionate to the respective claim.
The invoice for services will be generated and send to email address the user provided during login to the application or via their profile in the user account.
Objections to CityCharge’s fees shall be made within 14 days from the postal date of the invoice.
10 DURATION AND TERMINATION OF THE CONTRACT
These General Terms, the corresponding Special Terms and the appendices remain in force between the two parties until the contract is canceled. The contract can be canceled by either party at any time.
As indicated above, the user can unsubscribe from the service at any time by informing CityCharge in writing to the contact address indicated in these General Terms.
As soon as the user has unsubscribed from the service, the user account shall be deleted and the service disabled.
The contractual relationship is dissolved by CityCharge if CityCharge informs the user about this in any manner or if CityCharge has has ceased to provide the service for any reason.
For monthly or yearly subscriptions, the application for revocation of the service shall be made at least 15 days before the next payment of the monthly or yearly fee.
If the user terminates the service while still having some credit in their credit account, CityCharge shall collect the outstanding payments and return the remaining amount.
In case a user of a monthly or yearly service cancels the contract while the subscription is still valid, CityCharge shall collect the outstanding payment and return the remaining, already invoiced amount proportionately.
When the contract was terminated due to a breach of the obligations set in these General Terms, Special Terms and appendices, the user has to accept responsibility for any loss or damage resulting from this breach.
11.1 Rental period
11.1.1 Start: The rental of the service begins as soon as the user has requested the rent of a VMP via the CityCharge app and CityCharge has confirmed the service.
11.1.2 End: The rent ends as soon as the VMP has been returned correctly. It is clear that the VMP has been returned appropriately when the CityCharge system indicated this in the CityCharge login, as explained in section 11.9 of this term.
11.1.3 During the rental period, the user is responsible for the VMP insofar that he or she assumes liability for any damage to the VMP that occurred during this period.
11.2 AVAILABILITY AND MAINTENANCE
11.2.1 The rental service of the VMPs is subject to the availability of the VMPs.
11.2.2 The availability of the VMPs for the benefit of the use depends on the order of the arrival and inquiry of the user.
11.2.3 CityCharge makes every effort to meet the demand of the user for the VMP, can, however, not guarantee that the provision of VMPs is sufficient for all users at any time, as the service remains subject to the availability of the VMP, as indicated.
11.2.4 CityCharge is responsible for the maintenance and repair of the VMP. However, CityCharge does not guarantee that the VMPs available are free of operating and functional problems
11.2.5 If 24 hours have passed and a provided VMP has not been used, the service shall be terminated automatically and CityCharge is entitled to provide the VMP to other users.
11.3 SIMULTANEOUS RENTAL OF MULTIPLE VMPS
11.3.1 In general, the rental of multiple VMPs at the same time by one user is prohibited.
11.3.2 In case several VMPs have been rented at the same time, the responsibility of the user set in these General Terms and under the Special Terms are extended to the user for every VMP. The user is therefore responsible for the performance of the other VMP.
11.4 PROVISION OF THE VMP TO THE USER
11.4.1 The provision of the VMP takes place in the venues.
11.4.2 The CityCharge app shows the available VMP to the user and that it was allocated to the service requested.
11.4.3 To release the VMP from the CityCharge anti-theft security system, the user takes the steps provided in the CityCharge app.
11.4.4 The battery level can be checked in the app. For synchronization reasons, the actual level can deviate from the level indicated in the app
11.4.5 When delivered initially, the battery of the VMP is sufficiently charged for a range of at least 20%.
11.5 INSPECTION OF THE VMP
11.5.1 After the VMP was provided, the user shall carry out an inspection to ensure that the VMP works correctly.
11.5.2 The inspection includes a check of the operative components of the VMP (cables).
11.5.3 If one of the components mentioned shows a malfunction, the CityCharge customer service (SAT) is noticed immediately. The communication regarding the malfunction of the VMP has to take place within the first 5 Minutes of the rent, otherwise we assume that the VMP provided works correctly.
11.5.4 After SAT was informed about the malfunction, the services shall be aborted and the user shall not be charged.
11.5.5 The user can request access to another functioning VMP after the service was canceled. The usage of this VMP shall be charged according to the prices and conditions set in these General Terms.
The user acknowledges and confirms that:
11.6.1 he or she is experienced in the operation and safe handling of the VMP
11.6.2 he or she is physically and mentally fit to use the VMP Furthermore, the user accepts and confirms that:
11.6.3 the service is subject to a fee.
11.7 FUNDAMENTAL DUTIES OF THE USER DURING THE RENTAL PERIOD
The user is obliged to the following:
11.7.1 Comply with the General and Special Terms
11.7.2 Not leave the VMP unattended and use it with caution during the rental period
11.7.3 Maintain and handle the VMP with care
11.7.4 Not give or sub-let the VMP to third parties or other users. If the user handed over or sub-let the VMP to a third person or another user, the user is responsible for any damage or incident caused by the VMP or based on it
11.7.5 Not use the VMP if an apparent technical defect was noted
11.7.6 Not use the VMP for commercial purposes
11.7.7 Not modify or alter the VMP in any way
11.7.8 Not attach stickers or other elements to the VMP
11.7.9 Not remove or break accessories, parts or components of the VMP
11.7.10 Keep the CityCharge app up to date by installing the current version available in the app store
11.7.11 Ensure the confidentiality of the access data of the user account
11.8 DETECTION DEVICES (GPS)
11.8.1 The VMPs are equipped with GPS systems that enable CityCharge to determine the exact location of the VMP at any time.
11.8.2 The purpose of the VMP detection device is to become aware of, recognize and prevent any criminal offenses and to analyze the performance of the VMP.
11.8.3 The electronic devices and systems of CityCharge are also used to monitor the status, operation and movement of the VMPs.
11.8.4 The information gathered with these systems can be used during and after the completion of any service, with the sole purpose to enable the execution, control and compliance of the service and to analyze its performance.
11.9 RETURN OF THE VMP
11.9.1 The VMP shall be returned under the same conditions as when it was provided.
11.9.2 In order to be able to return the VMP properly the system has to recognize the return of the VMP correctly.
11.9.3 For the return, the user has to follow the steps indicated in the CityCharge app and ensure that the CityCharge app recognizes and registers the return properly.
11.9.4 The rental period ends after the return of the VMP was noted.
11.9.5 The user can see the completed rental process, the total rental period and the applied total fee in the CityCharge app.
11.9.6 In case the CityCharge app cannot recognize the return of the VMP for any reason (e. G. bad Internet connection), the user shall contact CityCharge immediately to solve the incident with the help of SAT or via the application.
11.9.7 If a VMP has not been used for a period of 24 hours, the service shall be terminated automatically and CityCharge is entitled to provide the VMP to other users.
11.9.9 If required, the user has to provide details about the exact place of return.
11.9.10 The CityCharge system can prevent the locking of the VMP when returned, if the non-compliance with the return provisions was noted. If this happens and the user leaves the VMP unattended, the return was not carried out correctly and the user shall be held responsible for the loss in case of theft or vandalism.
If the VMP, its accessory parts or any components were stolen during the rental period, the user has to:
1 Contact the CityCharge customer service (SAT) immediately
2 Submit the respective report to the authorities responsible
3 Send a copy of the claim to CityCharge within 24 hours after it was reported.
In case of theft, loss or disappearance of the VMP, the user shall pay the amounts indicated in the Special Terms of the city to CityCharge.
13.1 CityCharge may change these General Terms, the Special Terms and the appendices at any time. In this case the user shall be notified via email to the email address provided.
13.2 The changes are deemed to have been accepted by the user in case he or she did not enter an objection with one (1) month after the new conditions were communicated. CityCharge shall expressly inform the user about the significance of not entering an objection.
13.3 They shall be accepted in any case if the user concludes the service via the CityCharge app after the new conditions have been submitted.
13.4 The new versions of the General and Special Terms are also available in the CityCharge app and on the website.
CityCharge does not warrant that the service shall be available at any time and without interruption. Furthermore, CityCharge does not guarantee the availability of VMPs.
CityCharge shall not be held responsible if the company fails to adhere to his commitments fully or party due to situations of force majeur, including, but not limited to, actions of public administrations, fire, floods, explosions, demonstrations, civil disturbances, strikes, labor disputes, inadequacies, power outage, interruption of telecommunication systems.
15 INTELLECTUAL PROPERTY
All copyrights, trade marks, trade names, logos and other intellectual or industrial property rights held and used by CityCharge as well as those present in the CityCharge app or on the website (including titles, graphics, icons, scripts, source codes etc.) are the property of CityCharge or third party licensors and may not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.
The user shall confirm and guarantee that he or she has all intellectual or industrial property rights referring to any text, picture, information and all other content he or she makes available and publishes through CityCharge systems (in the CityCharge app or on the website). The user shall provide only content that are in full compliance with the existing legislative framework and / or do not result in an infringement of the intellectual or industrial property rights of third parties. At its sole discretion, CityCharge
may edit, remove or hide from platforms contents and information provided by the users in whole or in part.
If the user submits proposals for changes, improvements or other comments to CityCharge and / or its services (hereinafter referred to as “comments”), CityCharge shall be entitled to use these comments for any purpose (including marketing or other business purposes), without being obliged to make a adequate contribution to the user in return. The user agrees to transfer all rights, claims and interests (including any intellectual or industrial property rights) contained in his or her comment and / or referring to his or her comments to CityCharge.
For the purpose of establishing contact with CityCharge, the following options are available:
Address, email, telephone as indicated in the contact information (SAT)
17 COMPLAINTS AND CLAIMS
The user shall file a complaint or raise a claim through the communication channels listed in the contact and contact information section (SAT) of this contract.
Should any part of these General Terms (including the Special Terms) be declared invalid or annulled, the other articles remain in effect without loss of value or validity. In such a case, the invalid clauses shall be replaced by valid ones that comes as close as possible to the purpose of the invalid clauses.
19. BREACH OF CONTRACT:
In case of breach of contract, CityCharge shall be entitled to terminate the contract and claim the damages and losses resulting from the infringement.
A breach by the user is in any case the breach of undertakings in these General Terms, Special Terms and appendices, especially the failure to carry out the fundamental duties of the user..
20. APPLICABLE LAW AND JURISDICTION
These General Terms (including the Special Terms and their appendices) are subject to Norwegian law, excluding application of the provisions of international private law and of the UN CISG
CityCharge shall not participate in a dispute resolution procedure with a consumer conciliation body.
● Fee per 15 minutes: 0.5 Euro ● After 24 hours, the service would be concluded automatically and charge more 20 Euro
II. Additional fees
● For loss or all repair fees incurred due to the fault of the user: arising expenses depending on the amount billed
● For additional costs incurred due to the fault of the user arising expenses depending on the amount billed