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REGULATIONS

PROVISION OF CHARGING SERVICES FOR ELECTRIC VEHICLES AT CHARGING STATIONS AND MSP CHARGING STATIONS

CHARGEIN MSP SP. z o. o. based in Warsaw, at ul. Domaniewska 52, 02-676 Warsaw, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw. Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0001063635, NIP number 7011169083, REGON number 526666051 (hereinafter referred to as: „Charging Service Provider„), establishes these regulations for the provision of services by the Service Provider Charging in the scope of the Charging Service of electric and hybrid vehicles at Charging Stations for Users, making payments for the Charging Service, as well as the method of using the Charging Station (hereinafter referred to as: „Regulations„).

1.DEFINITIONS
The terms used in the Regulations mean:
  1. Application – software installed by the User on Mobile Devices (equipped with Android or iOS), the functionality of which enables connection to the Charging Station and the User’s simultaneous use of the Charging Service.
  2. Price List – list of prices for using the Charging Service at the MSP Charging Station, constituting Annex No. 1 to these Regulations.
  3. QR Code – a graphic code located at individual Charging Stations, the scanning of which before the start of the Charging Service and the User’s simultaneous addition of a payment card and declaration of the amount of funds by the User enables the use of the Charging Service.
  4. Operator – entity responsible for the construction, management, operational safety, operation, maintenance and renovation of the Charging Station.
  5. Fee – fee for the settlement unit of the Charging Service expressed in Polish zlotys (gross) specified in the Price List constituting Annex No. 1 to these Regulations for the MSP Charging Stations or in the Application for other Charging Stations.
  6. Ad-hoc payments – all non-cash payments for the Charging Service made using payment instruments, without the need for the User to create a User Profile in the Application and without the need to use the Application, i.e. using the Payment Terminal located at the Charging Station or QR Code.
  7. Vehicle – an electric vehicle or a hybrid vehicle equipped with appropriate connectors, which can be connected to the Charging Station in order for the User to use the Charging Service, having appropriate functionality enabling it to be performed.
  8. User Profile – User account/profile in the Application that allows you to use the Charging Service at Charging Stations.
  9. Technical break – means any break in the availability of the Charging Station, which is caused by the need to carry out repair, maintenance or modernization work, a break due to the decision of the Operator or the Charging Service Provider, a break in the availability of the Application , as well as any other event that prevents or hinders the use of the Charging Services or payment for this service.
  10. Force majeure – an external event, impossible or almost impossible to predict, which affected the ability of the Charging Service Provider to provide the Charging Service, the effects of which cannot be prevented, in particular: fire, flood, war, strike, actions of state authorities, terrorist attack, power outage and others of a similar nature and effect, as well as special situations related to the specific activities of the Charging Service Provider, in particular: hacker attacks, viruses, software failures of the Charging Station or Application.
  11. Charging Station – a device used to charge Vehicles with electricity that meets the requirements specified in Art. 2 point 27) of the Act on Electromobility and Alternative Fuels of January 11, 2018 (Journal of Laws of 2018, item 317).
  12. MSP Charging Station – Charging Stations operated and owned by CHARGEIN CPO Prosta Spółka Akcyjna with its registered office in Warsaw, at ul. Domaniewska 52, 02-676 Warszawa, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw. Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000986332, NIP number 7011100884, REGON number 522808382, for which the Fees specified in the Price List constituting Annex 1 to these Regulations apply to the Charging Service,
  13. Website – the website of the Charging Service Provider at https://www.chargein.com/ containing information about the offer, prices and conditions of the Charging Service at Charging Stations.
  14. Payment Terminal – a device enabling the processing of cashless payments made using payment instruments by the User in order to pay for the Charging Service at the Charging Station, without the need to create a User Profile in the Application and without the need to use the Application .
  15. Agreement – obligation relationship concluded between the Charging Service Provider and the User authorizing the User to use the Charging Service at the Charging Station on the terms specified in these Regulations, payable in accordance with the Price List applicable at MSP Charging Stations or Fees indicated in the Application at Charging Stations for the period necessary to provide the Charging Service and make payment by the User.
  16. Mobile device – User’s device allowing downloading from Google Play or App Store and installing the Application, equipped with the Android or iOS operating system, having access to the location service and connection to the Internet, which are necessary for the proper performance of the Charging Service.
  17. Charging Service – vehicle charging service using the Charging Station infrastructure using the Application or Payment Terminal or QR Code to make payment for this service.
  18. User – only adult natural persons with full legal capacity and legal persons or entities without legal personality having access to the Application on a Mobile Device and the Charging Service or otherwise using the Charging Service, including being a consumer within the meaning of the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93).
  19. User Profile Verification – all activities performed by the Charging Service Provider by sending a verification code to the e-mail address provided by the User when Registering a User Profile in the Application, entering which in the Application by the User will result in the creation of a Profile User.
  20. Registration of a User Profile – all activities performed by the User in the Application, in particular completing the User Profile registration form located in the Application, providing true and detailed data regarding the User (personal data or data of a legal entity, organizational unit without legal personality, address, telephone number, e-mail address) and creating a password and login to the Application.
  21. Manager – entity with the legal title to manage the area where the Charging Station is located.
2.GENERAL PROVISIONS
  1. These Regulations specify the rules for the provision of a paid Charging Service by the Charging Service Provider at the Charging Station to Users, using the Application installed on the User’s Mobile Device, the Payment Terminal or the QR Code located at the Charging Station.
  2. These Regulations also constitute the regulations for the provision of electronic services referred to in Art. 8 section 1 point 1 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344) regarding some services provided electronically.
  3. The Regulations also specify the conditions for the provision and use of the Charging Service.
  4. The Regulations are available on the Website and in the Application, which allows Users to read their content at any time.
  5. Each User is obliged to read these Regulations and comply with all provisions contained therein. The Regulations are an integral part of the Agreement concluded between the Charging Service Provider and the User.
3.GENERAL RULES FOR USING THE CHARGING STATION USER’S RESPONSIBILITY
  1. The Charging Station is open during the hours and days indicated in the Application for each Charging Station. The availability of hours and days of the Charging Station may change and will be updated accordingly in the Application. The User who wishes to use the Vehicle Charging Service is each time obliged to check the availability of the Charging Station he intends to use in the Application.
  2. The Charging Station is intended solely for the User to use the Vehicle Charging Service. The allowed parking time of the Vehicle while using the Vehicle Charging Service is always visible in the Application.
  3. After the allowed parking time of the Vehicle while using the Charging Service has expired, the User will be informed via the Application about the end of the Charging Service time. From the moment of receiving the notification referred to in the previous sentence, the User is obliged to disconnect the Vehicle from the Charging Station and move the Vehicle in a way that allows other Users to use the Charging Station (hereinafter referred to as: Permitted parking time of the Vehicle) .
  4. If the Permitted parking time of the Vehicle, referred to in section 3 above, the Charging Service Provider will send another notification to the User via the Application imposing an additional fee of PLN 5.00 gross (in words: five zlotys 00/100) for each commenced minute of parking of the Vehicle at the Charging Station above the Permitted vehicle parking time. The time of vehicle parking at the Charging Station, after which an additional fee is charged and the time of sending the next notification, depends on the Charging Station and will be indicated accordingly in the Application.
  5. The User is obliged to (i) follow all instructions located at the Charging Station, (ii) follow the rules for proper operation of the Charging Station, (iii) comply with road traffic regulations, (iv) refrain from behavior that could lead to to destroy or damage the Charging Station, as well as to (v) not disconnect (independently) another Vehicle that uses the Charging Service.
  6. Failure by the User to comply with the principles and conditions set out in these Regulations may result in liability for damages to the Charging Service Provider and third parties.
  7. The User is fully liable for any damage caused by his/her behavior or omission, in particular damage to the Charging Station infrastructure.
  8. The Charging Service Provider prohibits connecting Vehicles to Charging Stations that do not have valid third party liability insurance, transport hazardous materials and substances, do not have a valid technical inspection, or have a faulty battery or electrical installation.
4.RULES FOR USING THE CHARGING STATION
  1. The User is obliged each time (before starting the Charging Service) to read the instructions for the Charging Station and the messages displayed in the Application.
  2. Before starting the Charging Service, the User is obliged to confirm that he has read and accepted these Regulations. Any refusal to confirm these Regulations means resignation from the Charging Service.
  3. Before starting the Charging Service, the Vehicle User is obliged to properly park the Vehicle within the Charging Station, close the Vehicle, immobilize the Vehicle and turn off the lights and all sources of electricity.
  4. In order to use the Charging Service, the User is obliged to first download the Application and Register a User Profile, which then requires User Profile Verification. The previous sentence does not apply to Users who use the Charging Service using a Payment Terminal or a QR Code located at the Charging Station.
  5. Registration of a User Profile and subsequent Verification of the User Profile means acceptance of the terms and conditions of the Charging Service described in these Regulations, the Price List for MSP Charging Stations and the Fee indicated in the Application for other Charging Stations.
  6. From the moment the Charging Service begins until its completion, the User is obliged to remain logged in to the User Profile, which requires a permanent and active Internet connection on the Mobile Device. The use of the Application is free of charge, subject to possible data transmission costs resulting from contracts concluded by the User with telecommunications operators or other Internet providers.
  7. At selected Charging Stations, the Charging Service Provider offers the possibility of paying Fees for the Charging Service using (i) payment terminals located at the Charging Stations or (ii) by scanning the appropriate QR Code made available at the Charging Station before starting the Charging Service and adding it at the same time by the payment card User and declaring the amount of funds to be allocated to the Charging Service. Such use of the Charging Service does not require User Profile Registration and User Profile Verification. By using the Charging Service via the Payment Terminal or by scanning the QR Code, the User accepts the terms of providing the Charging Service described in these Regulations, the Price List for MSP Charging Stations or the Fee indicated in the Application for other Charging Stations.
  8. In order to use the Payment Terminal, the User is obliged to present the payment card to the Payment Terminal before starting the Charging Service. After presenting the payment card, the individual operator of the Payment Terminal will block the funds (pre-authorization) on the User’s bank account for the duration of the Charging Service. After completing the Charging Service, the User is obliged to settle the fee for the Charging Service. Unused funds (pre-authorization) will be unblocked within the period specified in the internal regulations of the bank servicing the User’s payment card, and the amount constituting the fee for the Charging Service will be charged from the User’s bank account to the Charging Service Provider.
  9. The amount of cash (pre-authorization) is declared each time by the user, with the minimum amount being PLN 10.00 gross (in words: ten zlotys 00/100).
  10. Concluding an agreement for the Charging Service requires the User to (i) accept these Regulations, (ii) accept the payment regulations specified in the Application, (iii) grant the required consents regarding the processing of personal data (necessary for the implementation of the Agreement) and in the scope making payments for the Charging Service, (iv) Registering a User Profile and User Profile Verification (if required at a given Charging Station).
  11. In order to use the paid Recharging Service, the User is obliged to provide the User’s payment card details in the Application. This does not apply to Users who make payments for the Charging Service using the Payment Terminal or by scanning the QR Code located at the Charging Station.
  12. The User’s authorization data are stored by the cashless payment operator. Verification of the User’s data by the cashless payment operator involves blocking funds in the User’s bank account in the amount indicated in the Application before launching the Charging Service.
  13. The funds remain blocked for the entire period of the Recharge Service. If the User interrupts the Charging Service before using all the blocked funds, the remaining difference will be unblocked and the User will be charged only the value of the electricity actually consumed or the time of the Charging Service. If all blocked funds are used up, the Recharge Service process will be automatically interrupted.
  14. The Charging Service is started by (i) selecting the Charging Station from the list indicated in the Application and pressing the „START” button, (ii) placing the User’s payment card against the Payment Terminal or (iii) scanning the QR Code located on the Charging Station and at the same time, the User adds a payment card and declares the amount of funds to be allocated to the Charging Service after parking the Vehicle and connecting the Vehicle to the Charging Station.
  15. After completing the Charging Service, the User should disconnect the Charging Station’s power cord in accordance with the instructions on the Charging Station and leave the Charging Station in accordance with the Permitted Parking Time of the Vehicle.
  16. The Charging Service Provider will each time inform the User about the inability to use the Charging Service at the Charging Station via the Application and on the Website.
5.PAYMENTS FOR CHARGING SERVICE
  1. Registration of a User Profile and User Profile Verification do not require the User to incur any additional fees.
  2. The Charging Service Provider specifies that the minimum value of the Charging Service is PLN 10.00 gross each time (in words: ten zlotys 00/100).
  3. When starting the Charging Service, the User is fully aware that this service is subject to paymentin accordance with the Price List for MSP Charging Stations or the Fee indicated in the Application for other Charging Stations.
  4. The User is obliged to settle all payments arising in connection with the provision of the Charging Service to the Charging Service Provider in accordance with the Price List for MSP Charging Stations or the Fee indicated in the Application for other Charging Stations.
  5. The Charging Service Provider indicates that the price for the Charging Service at MSP Charging Stations includes:
  6. rate PLN 2.49 gross (in words: two zlotys and 49/100) per 1 kWh
  7. a rate of PLN 5.00 gross (in words: five zlotys 00/100) for each commenced minute of parking of the Vehicle at the Charging Station after exceeding the Permitted parking time of the Vehicle (referred to in point 3, sections 3-4 of these Regulations)
  8. The Charging Service Provider indicates that a change to the entire Price List or individual Fees for the Charging Service does not constitute an amendment to these Regulations.
  9. Before starting the Charging Service, the User has the opportunity to learn about the amount of the Charging Service Fee. Upon commencement of the Charging Service, the User accepts the Price List.
  10. The User is fully aware that entering payment card details in the Application in order to Register a User Profile is tantamount to consenting to the debiting of the User’s payment funds when starting the Recharging Service.
  11. In the event of an unsuccessful payment for the Charging Service, the User is obliged to immediately pay all related fees.
  12. If it is necessary to return payment funds for a transaction made by the User with a payment card used in the Application, the Recharge Service Provider undertakes to return the funds to the bank account assigned to this payment penalty.
  13. If the User’s payment card assigned to the User’s Profile in the Application becomes invalid, the Charging Service Provider is entitled to refrain from providing the Charging Service to such User until the User provides current details of the active payment card in the Application.
  14. For each Charging Service, the Charging Service Provider issues a sales document confirming the sale of the Charging Service, as well as in accordance with the will of the User who is an entrepreneur (within the meaning of Article 43 (1) of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93) VAT invoice. The documents referred to in the previous sentence are sent by the Charging Service Provider to the User’s e-mail address indicated in the User’s Profile in the Application.
  15. The condition for issuing a VAT invoice is that the User must provide the necessary data in the User Profile in the Application before starting the Charging Service, and in the event of making a payment using the Payment Terminal, provided that the User provides the NIP number before starting the Charging Service, in accordance with the instructions on the Payment Terminal. located at the Charging Station. The User who settled for the Recharging Service using the Payment Terminal will receive an appropriate accounting document.
  16. The User with a User Profile in the Application consents to the delivery of accounting documents by the Charging Service Provider electronically. The provision of the Charging Service is not possible if the User withdraws consent to receive VAT invoices electronically.
  17. The Charging Service Provider has the right to change the Charging Service settlement system specified in these Regulations, about which it will inform the User each time by sending a message to the e-mail address indicated in the Application, within 7 days before the planned change.
6.USER PROFILE IN THE APP
  1. The Charging Service Provider stipulates that the condition for the User to use the Charging Service at the Charging Station is to register a User Profile and verify the User Profile in the Application. The condition expressed in the previous sentence does not apply to Users making payments for the Charging Service using the Payment Terminal located at the Charging Station.
  2. Registration of a User Profile and Verification of the User Profile requires active e-mail (User’s personal e-mail address).
  3. The Application has all the necessary functions and information that the User is obliged to read before using the Charging Service.
  4. Deleting the User Profile in the Application may be done by the User at any time, without giving any reason, and is free of charge. Deleting the User Profile is tantamount to terminating the contract for using the Application with immediate effect and the User’s will to resign from further use of the Application. The User is aware that deleting the User Profile automatically deletes all User data contained in the User Profile. In no case does deletion of the User’s Profile release him from the obligation to pay the fees due for the Charging Services provided by the Charging Service Provider.
  5. User Profile allows use by one User. The User may not use the User Profile in the Application in a way that causes disruption or damage to the Charging Service Provider’s IT system. The User may not transfer User Profile data to third parties who will enable them to use the Charging Service without their knowledge and consent. The User undertakes to make every effort to avoid unauthorized access to the User Profile.
  6. If the User provides the User Profile login details to third parties, the User will be charged by the Charging Service Provider for the use of the Charging Service by such persons. The User is obliged to immediately notify the Charging Service Provider of each case of obtaining the data referred to in the previous sentence.
  7. The User is solely responsible for the correct Registration of the User Profile and Verification of the User Profile in terms of the provided data (and their truthfulness) necessary to create a User Profile in the Application. The User is obliged to update the data in the User Profile each time they change, in particular regarding the payment of the Fee or the issuance of an accounting document for the Charging Service.
7.RESPONSIBILITY OF THE CHARGING SERVICE PROVIDER
  1. The Charging Service Provider is not responsible for the User’s inability to use the Charging Service at the Charging Station if the reason is beyond his control (Force Majeure), as well as in the event of a failure of the Charging Station, failure of the Charging Service Provider’s IT systems, lack of coverage. the Internet and mobile network of the User or the Charging Service Provider, the period of carrying out the necessary modernization/repair works of the Charging Station. If possible, the Service Provider undertakes to immediately inform on the Website or Application about any cases specified in the preceding sentence.
  2. The Charging Service Provider indicates that the information contained on the Website or Application is for information purposes only and does not constitute an offer within the meaning of the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93).
  3. The Charging Service Provider provides the Charging Service to the extent and in the form in which it is available at the Charging Station, without providing any warranty or any other obligations to the extent permitted by law. Due to the specificity of the Charging Service, the Service Provider does not guarantee uninterrupted or failure-free operation of all Charging Stations and the possibility of fully charging the Vehicle each time.
  4. The Charging Service Provider is not obliged to the User to ensure that the Charging Service at the Charging Station is always available continuously and free from faults and faults 24 hours a day, seven days a week.
  5. The Charging Service Provider is not responsible for the inability to terminate the Charging Service for reasons beyond its control. In such a case, the User is obliged to pay the entire Charging Service Fee.
  6. The Charging Service Provider is not responsible for the use of the Charging Service from the User’s Profile by third parties without the User’s consent. In such a case, the User is obliged to pay the full Charging Service Fee.
  7. The Charging Service Provider is not responsible for faults and defects that prevent the User Profile in the Application from being connected to the Charging Station.
8.COMPLAINTS
  1. The user may submit complaints via e-mail to the following address: reklamacje@chargein.com.
  2. The complaint should include the User’s data enabling his/her identification, description of the complaint, including comments, in particular regarding the Charging Service performed.
  3. The Charging Service Provider recognizes complaints within 14 days from the date of their submission, excluding situations in which the User did not include the information specified in section. 2 above. In such a case, the deadline for considering the complaint runs from the date of completing the necessary data and information by the User.
  4. The response to the complaint will be sent by the Charging Service Provider via e-mail.
9.CONDITIONS OF WITHDRAWAL FROM THE CONTRACT
  1. The User may unsubscribe from the Charging Service at any time by deleting the User Profile without incurring any additional fees.
  2. Deleting the User Profile is tantamount to terminating the Agreement.
  3. Deleting the User Profile, however, entitles the Charging Service Provider to store the User’s data for the period necessary to establish, pursue or protect claims in accordance with generally applicable regulations.
  4. The Agreement may be terminated by the Charging Service Provider for an important reason in accordance with generally applicable law.
  5. In this respect, the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93) will apply in particular.
  6. The Charging Service Provider will inform the User about the termination of the Agreement by sending a declaration in electronic form to the e-mail address indicated in the User’s Profile in the Application.
  7. None of the provisions of these Regulations exclude or in any way limit the rights of the consumer or entrepreneur under consumer rights arising from legal provisions. In particular, a User who is a consumer has the right to withdraw from the Agreement within 14 days without giving a reason.
10.PERSONAL DATA PROCESSING
  1. The administrator of Users’ personal data is CHARGEIN MSP SP. z o. o. based in Warsaw, at ul. Domaniewska 52, 02-676 Warsaw, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw. Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0001063635, NIP number 7011169083, REGON number 526666051.
  2. All personal data are processed in a manner consistent with the requirements of generally applicable law, in particular with the Regulation (EU) 216/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and in on the free movement of such data and repealing Directive 95/46/EC (GDPR), the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2018, item 1000), the Act of July 18, 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2017, item 1219, as amended) and the Telecommunications Law (consolidated text: Journal of Laws of 2017, item 1907, as amended).
  3. Detailed rules for the processing of Users’ personal data are specified in the Information Clause available on the Website and in the Application in a way that allows free reading of its content at any time.
11.FINAL PROVISIONS
  1. In matters not regulated in these Regulations, the provisions of law generally applicable in the territory of the Republic of Poland shall apply, in particular the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93).
  2. The Service Provider reserves the right to change these Regulations and the Price List.
  3. Any change to the Regulations is effective after seven days from the date of its publication on the Website.
  4. Users with a User Profile will be informed about each change to the Regulations and the Price List via a message sent to the User’s e-mail address indicated in the Application and the date of its entry into force.
  5. If any of the provisions contained in these Regulations are deemed invalid, the rest of the Regulations shall remain in force with the exception of the invalid provision or provisions.
  6. All annexes to these Regulations constitute their integral part.
  7. These Regulations enter into force on April 1, 2024

APPENDIX NO. 1 TO THE REGULATIONS

PROVISIONS OF CHARGING SERVICES FOR ELECTRIC VEHICLES AT MSP CHARGING STATIONS (PRICE LIST)