§ 1 InCharge's public charging service (the "Charging Service")1. InCharge offers the public charging services through InCharge AB (“InCharge”) at its own charging stations and at charging stations that third parties have connected to InCharge's public network of charging stations by opening them for public use.

2. The provisions of these Terms and Conditions relating to the Charging Service and the customer's use of the InCharge charging card or token (i.e. purchase and payment of charge) include charging at the InCharge network charging stations ("InCharge charging stations") as well as any public charging stations operated by third parties an agreement InCharge ("third party charging stations").

3. All provisions of these Terms and Conditions that govern matters relating to the charging station and other equipment (such as technical conditions, availability and liability) apply only to InCharge charging stations. InCharge charging stations are available on the InCharge mobile application.

4. These terms also include other acts that form part of the parties' agreement, e.g. service description, order form and order confirmation.

§ 2 The charging card and charging chip1. In order to access the Charging Service and to be able to use InCharge charging stations as well as any third party charging stations, a separate charging card or charging chip is required. The charging card or chip is received when an application is registered on www.goincharge.com.

2. It is possible that InCharge will carry out a customary credit check of a potential customer.

3. InCharge will send the charging card to the customer after approval. InCharge reserves the right to refuse the issuance of a charging card or charging chip. 

4. The charging card is only valid for InCharge charging stations and any third party charging stations. Charging stations that are part of the network come from the mobile application InCharge.

5. The cost of the respective charging cases is registered to the holder of the charging card or charging chip, i.e. the use of the Charging Service in each case is considered an acknowledgment of charging and the conclusion of an agreement on the purchase of charging between the customer and InCharge. 

6. The charging card carries value. The customer has the responsibility to store the charging card or charging chip well so that unauthorised persons do not have access to it. Should the charging card or chip be lost, the holder must contact InCharge on telephone 22 73 01 00 as soon as possible to block it. If unauthorised transactions have been made with the charging card or charging chip, the Customer must report this to the police. 

7. It is possible that the charging card or charging chip may need to be changed as a result of the technology being developed. The choice of identification method is the responsibility of InCharge. InCharge currently uses charging cards or charging chips. For public charging stations, an opportunity is already offered to identify oneself via the InCharge app.

8. When using a discount code assigned by Vattenfall, the discount only applies to charging at Vattenfall's self-owned, public charging stations (relevant charging stations are specified as "Vattenfall" in the InCharge app) and not to other charging stations. The discount applies from the date InCharge has added the discount to its systems and notified the relevant customer of this. In cases where the discount presupposes the customer's fulfillment of special conditions or prerequisites, it is the customer who has ordered the charging card or charging chip who is responsible for the discount code being valid and correctly entered, and has the burden of proving that the discount is justified. Regular checks are made to check that the customer who has ordered the charging card or charging chip is entitled to a discount. If the customer is no longer entitled to a discount, he or she must notify InCharge of this by telephone at 22 73 01 00. In the event of misuse, the customer may be liable for reparations and the charging card or charging chip will be blocked. The discount only applies to payment with an InCharge charging card or charging chip and not to payment with a bank card via the InCharge app or through another channel.

9. The customer is obliged to notify InCharge immediately of any changes in the customer's address and / or email address.

10. InCharge has the right to deactivate charging cards or charging chips that have been inactive for more than two years.

§ 3 Equipment for and use of InCharge charging stations1. The customer is responsible for, where necessary, having on hand a Mode 3 Type 2 cable for AC charging at stations with Mode 3 Type 2 sockets. At InCharge's fast charging stations, there are always fixed cables.

2. Respective charging station owners within the InCharge network are responsible for ensuring that the charging stations comply with applicable standards, laws and regulations.

3. The charging capacity depends on several factors, such as the electric car's technical prerequisites, the car battery's charging level and the charging station's capacity (incl. limitations in the electricity grid), of which the component with the lowest capacity will determine the effect on the electric car. InCharge can therefore not guarantee that charging of an electric car will be possible within a maximum specified time limit or with a certain minimum power.

4. Instructions on how to use InCharge's charging stations can be found at or near the charging stations.

4 § Availability1. The charging service is available to the Customer around the clock, but in practice the possibility of charging can be limited e.g. that some charging stations are not available at certain times due to special restrictions.

2. The availability of InCharge charging stations is communicated through the InCharge mobile application.

3. InCharge strives to ensure that InCharge charging stations are as operational as possible. If the InCharge charging station is affected by technical errors, InCharge will try to correct the error as soon as possible.

4. InCharge reserves the right, without providing compensation to the Customer, to change, restrict access to or close the Charging Service or charging station to e.g. perform updates, maintenance and bug fixes or as a result of force majeure conditions beyond InCharge's control.

5 § Payment1. Use of the Charging Service in the form of charging history is stored for the registered charging card or charging chip. The charging history is the basis for the moving costs that the Customer must pay. Fixed costs may also occur. The customer's price structure appears from the service description or the order form. 

Payment for completed charging is made in arrears.

3. The invoices contain a detailed summary of the charges made in the previous invoicing period. Correction for missing or incorrect charging for an already invoiced period is corrected on the next invoice.

4. If the Customer has charged at InCharge charging stations or third party charging stations in several countries during an invoicing period, the Customer will receive an invoice for each country in which the Customer has carried out charging. 

5. The customer is liable to InCharge for all use of the Charging Service carried out with the Charging Card. (The Customer is nevertheless not responsible for the use of Charging Service that has occurred after the Customer has reported the charging card or charging chip as lost with InCharge, cf. § 2. However, this does not apply if the customer through fraudulent conduct or negligence has contributed to the unauthorised use).

6. Payment must be made no later than the due date as stated in the invoice. When invoicing, InCharge is entitled to charge a reasonable fee in accordance with InCharge's current price list.

7. If payment is not made on time, InCharge, in addition to the invoice amount, has the right to demand interest from the Customer in accordance with the Delayed Interest Act (L17.12.1976 no. 100) from the due date stated in the invoice and compensation for the costs incurred. as a result of the deferral of payment. This also includes costs for written payment reminders as well as costs for implementation of payment or other obligations.

8. InCharge also has the right to exclude a Customer if the payment terms are not met. (see also section 9 of the agreement's validity).

9. InCharge is entitled to charge an invoice fee for the issuance of paper invoices.

10. InCharge has the right to use a related company to carry out the invoicing at InCharge's expense. 

11. In cases where third party charging stations are used, InCharge has the right to use data on the charge that InCharge receives from third parties in the context of invoicing. 

12. When the customer uses the charging card or charging chip outside the country where the charging card or charging chip is registered, the invoice the customer receives is issued in the customer's local currency. Currency conversion takes place per charging session, and the exchange rate for each specific charging session is specified in the charging portal. The invoice you receive shows the total exchange rate based on charge during the invoicing period. More information on how the currency conversion takes place can be found in the charging portal.

§ 6 Consumption data and personal information1. InCharge will store charging history for each Customer (which includes, for example, information about which charging station has been used, power consumption, amount and time of use of the Charging Service.) The charging history is the basis for invoicing the Customer.

2. Personal information and data connected to the customer's use of the Charging Service and the charging stations are processed and stored by InCharge, other companies in the group or InCharge's partners in accordance with applicable law and to the extent necessary to fulfill the agreement with the customer and related services. 

3. Information obtained will be processed in connection with business and product development, statistics, market and customer analyses as well as direct marketing (provided that the customer has not notified InCharge that he or she opposes direct marketing). This treatment has InCharge's legitimate interest as a basis for treatment. Information collected is stored for as long as the Customer has an active agreement with InCharge and then for as long as is necessary to finalise the contractual relationship with InCharge.

4. Personal data is not normally transferred to companies in countries outside the EU or the EEA area. Should this nevertheless happen, InCharge ensures that all legal conditions are met.

5. The Customer may, free of charge once a year, request information on how personal data concerning the Customer is processed. The Customer can also demand that personal data that has not been processed in accordance with current legislation be corrected, blocked, or deleted. InCharge's processing of your personal information follows from the privacy statement which is available at https://incharge.vattenfall.no/footer-utility-pages/personopplysninger/

The privacy representative for Vattenfall AB can be reached via email at dpo.nordics@vattenfall.com.

§ 7 Liability for errors etc.1. InCharge is not liable for damages that occur due to incompatibility between the Customer's car and charging station, or because the Customer uses the Charging Service or the charging station in violation of the applicable instructions and technical requirements set out in this agreement or as InCharge (or third party in the form of third party charging stations) has otherwise made available to the Customer.

2. InCharge is not responsible for indirect damages or consequential damages to the Customer's property that arise as a result of the Customer's use of the Charging Service or the charging station. 

3. The customer is not entitled to compensation as a result of a charging station being closed down or out of operation.

4. The customer is responsible for following all guidelines and requirements in accordance with the instructions provided by InCharge (or third parties in the form of third party charging stations) at all times. This includes responsibility for the electric car that the Customer uses in connection with the Charging Service meets all requirements for charging.

5. The customer is also responsible for ensuring that the charging card or charging chip cannot be used or used by unauthorised persons. 

6. InCharge reserves, with immediate effect, the right to block the Charging Card on the basis of misuse of the risk of unsafe use of the charging card or charging chip, suspicion of unauthorised use or risk that the Customer does not fulfill its obligations to InCharge.

7. InCharge is under no circumstances responsible for damage, operation or availability with respect to third party charging stations.

§ 8 Contract transfer1. The Customer agrees that InCharge may, under unchanged terms, transfer all or part of its rights and obligations under this Agreement to another business within the same group or to another party that can reasonably be expected to fulfill the obligations under the Agreement in a satisfactory manner. 

2. The customer has no right, in whole or in part, to transfer or rent out his rights or obligations under the agreement.

 

§ 9 Validity of the agreementThese terms and conditions apply until further notice with a two month notice period. InCharge has the right to terminate this agreement with immediate effect if the Customer violates these terms of use or uses the Charging Service or a charging station in such a way that inconvenience or damage is caused to InCharge.

§ 10 Change of termsInCharge has the right to change these terms provided that the Customer is informed of the change by email at least two months before the change takes effect. In that case, the customer shall be deemed to have been notified two days after the email was sent.

§ 11 DisputeDisputes concerning the interpretation of the agreement or related issues shall in the first instance be resolved through negotiation and agreement between the parties. Any dispute shall be decided by a general court, where Norwegian law shall apply. Disputes can also be resolved through mediation in the Consumer Council. If the dispute cannot be resolved through mediation in the Consumer Council, each of the parties can bring the matter before the Consumer Complaints Committee.