Terms of Use PowerGo Charge

PowerGo

  1. These Terms of Use (“Terms of Use”) describe the terms and conditions under which the PowerGo mobile application (“App”) may be used.
  2. The App is managed by PowerGo. PowerGo is a brand and tradename of Powerfield Netherlands B.V., established at Veerdijk 40 D, 1531MS in Wormer. For questions about using the App, you can reach our contact person, Monique Nuis, at dataprotection@powergo.nl
  3. The Terms of Use apply to anyone using the App.

PowerGo App

  • The App aims to make electric (car) driving easier. The App provides insight into, among other things, where the nearest charging point is, what the consumption is and how ‘Smart Charge’ can be used. In addition, the App enables the user to pay at a charging point.
  • By using the App – which also includes downloading and installing – the user (“User”) agrees to the Terms of Use and the privacy statement of PowerGo (“Privacy Statement”).
  • The Terms of Use can also be consulted at and downloaded from www.powergo. energy
  • If the App uses third-party services, the general terms and conditions as well as the privacy and cookie policy (if any) of the third parties concerned also apply. PowerGo is not responsible for third-party services and privacy/cookie policies. In the event of any contradiction, these Terms of Use and Privacy Statement will prevail.
  • Additional terms and conditions may apply if goods and/or services are purchased from third parties or from PowerGo through use. To the extent that those additional terms conflict with the Terms of Use, the Terms of Use will prevail.
  • PowerGo reserves the right to change the Terms of Use at its sole discretion and whenever it wishes to.

Using the App

    • Using the App is at the User’s own risk.
    • The App can be installed for use by the User in the App Store or Google Play.
    • The User enters their own contact details during installation. PowerGo is not responsible for incorrect data entry or any consequences arising from such incorrect entry.
    • PowerGo always has the right to adjust the App, to change or delete data, to deny the User the use of the App by terminating a subscription, to limit the use of the App or to access the App in whole or in part, temporarily or permanently. PowerGo will inform the User accordingly in an appropriate manner.

Use of material and charging stations

    • The user is responsible for using the correct type of charging cable.
  • Responsibility for the operability and safety of the charging points rests with the owners of these points. These owners are responsible for complying with applicable laws and regulations.
  • Information about using the charging stations can be found in the App or on the charging station.
  • Charging points may only be used for charging electric cars.
  • The availability of charging points cannot be guaranteed by PowerGo as it depends on the number of vehicles being charged at the charging stations at a given time.

Costs of use

    • No costs are charged for the use of the App by the User.
    • PowerGo reserves the right to apply a reservation amount of up to 70 when using a public charging station. The amount is captured and then refunded immediately by the bank afterward to ensure that the individual charging has sufficient funds in their account. This is standard practice. You can read more about it in this knowledge article by our app developer. 

PowerGo’s commitments

    • PowerGo will take care of the maintenance of the App and (continuous) updates where necessary.
  • If maintenance by PowerGo causes (temporary) interruption of the operation of the App content, PowerGo will provide temporary notification of this maintenance.
  • PowerGo will provide appropriate security measures that respect physical, electronic and procedural safeguards. This includes best practice safeguards such as firewalls and data encryption.

User’s commitments

    • The User is solely responsible for the use of the App.
  • To avoid misunderstandings, the User hereby confirms that the User is not free to offer nor use the App as his own web application (or under any other label), regardless of the purpose, anywhere in the world, in translated form or otherwise. The User is not free to develop or have similar apps developed.
  • The use referred to in 4.2 also includes placing advertisements and otherwise making advertisements. In addition, the User is not free to further develop the App for his own use or to use it in any other way for commercial purposes.
  • The User is not permitted to make changes to the App. This does not include uploading content necessary to personalise and optimise the App for processing.
  • The User is responsible for the necessary system requirements and Internet connection to be able to use the App.
  • The User is obliged to use the App in accordance with applicable laws and regulations.

Personal data

    • After installing the App, the User must enter his personal data to ensure optimised App performance. PowerGo’s Privacy Statement applies to the processing of those personal data and to the App as a whole.
  • In some cases, we use an external party as the processor of personal data. This processor observes at least the same level of personal data security as PowerGo has laid down in the Privacy Statement. PowerGo has concluded a processing agreement with this processor in which the same obligations as those stated in the Privacy Statement are laid down.
  • The processing of personal data always takes place within the European Economic Area (“EEA”).
  • In the event of misuse of personal data by third parties, PowerGo will notify the User without delay.
  • All data entered remain the property of the User.
  • The User indemnifies PowerGo against all infringements of the User’s privacy.

Intellectual property rights

    • All intellectual property rights regarding the App (including in any case copyrights, trademark rights and database rights) rest exclusively with PowerGo. The User does not acquire any rights.
    • The User will observe PowerGo’s rights at all times and ensure that using the App by no means interferes with PowerGo’s rights.
    • PowerGo and the User indemnify one another and hold each other harmless from all third-party claims, by whatever name, that are based on the results of the work and input of data by parties that infringe third parties’ rights.

Liability

    • With regard to the operation and quality of the App, a ‘Best Effort’ requirement applies. PowerGo does not guarantee that there are no errors in the App.
  • PowerGo makes no guarantees with regard to the content, reliability and availability of the App, nor for security incidents in the transmission or use of (personal) data through the App.
  • Notwithstanding liability under mandatory law, PowerGo is not liable for any direct, indirect or consequential damage resulting from the use of the App.
  • PowerGo is in no way liable for any damage whatsoever that the User suffers or costs that the User incurs because:

the App cannot be accessed or used for any reason, or in the event of delay of the App;

B. a device used in combination with the App is damaged or malfunctioning;

C. the User has entered incorrect data in the App, or, in the case of a Healthcare Provider, incorrect advice has been given;

D. the User violates the Terms of Use or the rights of other persons.

Terminating the use of the app

    • If the User wishes to terminate the use of the app, this can be done by deleting the App or the User’s account in the App in the settings menu under the heading ‘preferences’.

 Transfer of the contract

    • The User authorises PowerGo to transfer rights and obligations arising from this contract or part thereof to a third party if this User can provide the same or comparable services.
  • The User does not have the right to transfer his rights and obligations arising from this agreement to (a) third party(ies). This stipulation must be interpreted as an exclusion under property law from the transferability of the rights and obligations under this agreement within the meaning of Section 3:84 paragraph 2 of the Dutch Civil Code.

Applicable law and competent court

    • The Terms of Use are exclusively governed by Dutch law.
  • Any disputes arising from the Terms of Use will be submitted exclusively to the competent court in Amsterdam.

Additional or deviating provisions

    • Additional provisions or provisions deviating from these Terms of Use may not be to the consumer’s detriment and must be laid down in writing or as such that they can be stored by the consumer in an accessible manner on a durable data carrier.