Last Mile Solutions Platform and Apps Terms

1. INTRODUCTORY PROVISIONS

1.1. Last Mile Solutions’ Terms

These Last Mile Solutions Platform and App Terms (“Last Mile Solutions Terms”) are published by:

Threeforce BV, acting under the name Last Mile Solutions registered office at Zeemansstraat 11, 3016 CN, Rotterdam, the Netherlands
Company Registration Number: 24360819
Phone number: +31 10 312 6000
Email address: info@lastmilesolutions.com (point of contact)

(hereinafter referred to as “we” or “Last Mile Solutions”)

1.2. Scope of Last Mile Solutions Terms

These Last Mile Solutions Terms constitute the legally binding agreement between Last Mile Solutions and any user (“User” or “you”) accessing and using the EVC-net platform (“Platform”) and mobile app connected with this Platform powered by Last Mile Solutions (“App”).

These Last Mile Solutions Terms also constitute integral part of the End-User Agreement with the Operator.

1.3. Purpose of Last Mile Solutions Terms

These Last Mile Solutions Terms concern:

Your access and use of the Platform and/or the App and general terms and duties of their use,
the role of Last Mile Solutions on the Platform and in the App, to clearly differentiate it from the Operator’s responsibilities towards its End-Users,
services based on these Last Mile Solutions Terms, in particular Charging without registration via Easy Charging Quality app (in-app version), if applicable.

In some cases, as described in clause 3.2, Section 5 of these Last Mile Solutions Terms and the Partial Transfer (as described below) do not apply and should be therefore excluded. It depends on the terms of the End-User Agreement with the Operator.

1.4. Acceptance of Last Mile Solutions Terms

Reading and accepting these Last Mile Solutions Terms is a condition of using the Platform and the App, as well as registering the End-User Account and make use of any of the Services.

With exception provided for in clause 3.2, the End-User Agreement may not modify or cancel these Last Mile Solutions Terms. In the event of any discrepancy between the End-User Agreement and these Last Mile Solutions Terms, concerning Last Mile Solutions’ liability, payment dates or the Partial Transfer, these Last Mile Solutions Terms will prevail.

2. DEFINITIONS

All capitalized terms used herein shall be understood as defined in the End-User Agreement, unless otherwise defined herein, in particular in this Section 2.

2.1. Charging without registration

Charging of EV at the Charging Station with the use of the Easy Charging Quality App (in-app version), but without registering or logging in by the End-User and any further commercial relation beyond the mere purchase of the Charging Service.

2.2. Consumer

A natural person entering End-User Agreement or these Last Mile Solutions Terms outside of scope of his/her business activity.

2.3. End-User

A party to the End-User Agreement with the Operator, using the Services.

2.4. EV Driver

An Electric Vehicle holder, using Charging Service under End-User Agreement or a Consumer using Charging without registration service hereunder.

2.5. Operator

A Party to the agreement with the End-User, offering and providing the Services with the use of the Platform, the App and charging cards or other Identifiers.

Details of the Operator are indicated in the End-User Agreement.

2.6. Partial Transfer

The partial assignment of rights and partial transfer of duties of the Operator under the End-User Agreement with the Operator, made from the Operator to Last Mile Solutions on the basis of the separate agreement, upon the consent of the End-User. The ‘Partial Transfer’ is further defined in Section 5 hereof (5. PARTIAL TRANSFER) and in the End-User Agreement.

2.7. Services

Services of the Operator provided under the End-User Agreement jointly with Charging without registration provided hereunder and any other Last Mile Solutions’ service (if any).

2.8. User, you

Any user of the Platform or the App, being End-User or using Services ordered by either acting in its own name or representing another entity (company, municipality etc.), including user profiles administrators, End-User’s employees, or being a Consumer using Charging without a registration hereunder, with the use of Easy Charging Quality App (in-app version), if applicable.

In case of natural persons, only an adult with full legal capacity may become the User of the Platform and/or the App.

2.9. Services

Services of the Operator provided under the End-User Agreement together with Last Mile Solutions’ services described herein.

3. SUMMARY OF LAST MILE SOLUTIONS’ ROLE

3.1. The Platform’s and the App’s use

At the request of the Operator, Last Mile Solutions develops and deploys its software Platform and the App and associated network infrastructure.

Therefore, it is Last Mile Solutions that establishes general rules of using both the Platform and the App, by binding these terms on you as a User.

These rules are described in Section 4 hereof (4. TERMS OF USING THE PLATFORM AND THE APP). You are obliged to read them and observe them each time you access the Platform and/or the App.

3.2. Last Mile Solutions’ role supporting Services of the Operator

Additionally, if it is agreed and indicated clearly in the End-User Agreement with your Operator, Last Mile Solutions provides support in performing the End-User Agreement, taking care of some of the Services, invoicing, collection of Payments and other payment flows.

This role and support of Last Mile Solutions is described in more detail in Section 5 hereof (5. PARTIAL TRANSFER).

If the End-User Agreement clearly indicates that it is the Operator who performs EUA solely without Last Mile Solutions’ support described in this clause 3.2 and in Section 5 hereof, the whole Section 5 and Section 12 hereof together with the Partial Transfer shall not apply and therefore will be excluded.

3.3. Charging without registration

If you are a User of Easy Charging Quality App (in-app version) and you use it without registration and/or without logging in to your End-User Account for the purpose of one-time charging (Charging without registration), it is also Last Mile Solutions as Mobility Service Provider that provides you with such a one-time charging Service, as described in more detail in Section 7 hereof (7. CHARGING WITHOUT REGISTRATION).

3.4. Newsletter

You may agree, via the Platform, to receive Last Mile Solutions’ Newsletter which may include commercial information or offers, to the email address provided by you.

It is possible to unsubscribe from the Last Mile Solutions Newsletter at any time by sending information about the decision to unsubscribe to support@lastmilesolutions.com or by clicking on the dedicated link provided for this purpose with the Newsletter email message.

4. TERMS OF USING THE PLATFORM AND THE APP

4.1. User’s duties

Each User accessing the Platform and/or the App is obliged to:

comply with these Last Mile Solutions Terms and with the messages displayed on the Platform or in the App;
use the Platform, App and Services in compliance with all applicable laws and regulations (including those related to data privacy, international communications, export laws, the transmission of technical or personal data laws, as well as the anti-fraud and anti-corruption legal regulations and provisions on money laundering prevention and fighting against financing of terrorism);
use the Platform, App and Services in compliance with all applicable laws and regulations (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws);
use the Platform and/or the App in a manner consistent with their intended use and in a manner that does not interfere with their functioning, including the obligation not to include in the interface of the App any unlawful content that infringes the law or good morals, such as malicious software, software designed to remove security features or tracking software, any content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party;
upload only such data on the Platform and/or in the App as the User is entitled to upload, if it refers to the personal data or charging infrastructure details of third parties;
provide only complete, correct and true details required to use the Services, such as personal data, and payment information;
not modify the website on which it is hosted or other elements of the Platform or the App in any way whatsoever, decompile, adapt, translate the code or any other changes to the software, remove technical protection, trademarks, any proprietary notices or labels, or modify the content of messages;
not cause restrictions or impediments to the use of the Platform or the App by other persons;
not provide access to the End-User Account of the End-User or the Services, created on the Platform or in the App, to any unauthorized third parties, sell, resell, license, rent, lease or otherwise transfer such access;
not bypass any measures that may be used on the Platform or in the App to prevent or restrict access;
not use, copy, frame or mirror the Platform and the App in connection with any similar products of Last Mile Solutions’ competitors for any public reviews, comparisons or benchmarking unless explicitly approved by Last Mile Solutions in writing;
not use the access to the Platform and/or the App for building a competitive product or service or copy any features, functions, interface, graphics or look and feel solutions;
not create any unauthorized works connected with the Platform and/or the App, including any software, tool, or application, with the use of parts, elements, mechanisms, or solutions used on the Platform/in the App, without Last Mile Solutions’ consent;
not conduct reverse engineering, decompile, disassemble, or otherwise attempt to extract the source code, object code, algorithms or structure of the Platform or the App.

While using the Platform, the App and/or Services the each User is obliged to comply with Anti-Fraud and Anti-Corruption Policy in Last Mile Solutions Network available at: https://www.lastmilesolutions.com/anti-fraud-and-anti-corruption-policy-in-last-mile-solutions-network/ and ensure that the its personnel engaged in the use of the Services is acquainted with and observes this policy.

In particular it is prohibited to:

use temporary credit cards with the intent to avoid or evade payment obligations,
allow a guest use of a private charging point,
allow any un-authorized third-party to use RFID card or other identifier, in particular start or authorize a charging session by the third-party or with the use of third-party’s Identifier, share the Identifier with any third-party in order to receive unjustified reimbursement of charging cost,
copy or modify the Identifier,
remove or fraudulently change any information, names or safeguards from the charging stations or identifiers,
misuse of tariffs by intentional setting up an improper tariff,
using fake, third-party’s or incorrect data.

Any case of fraud or corruption connected with the Services shall be immediately reported to the Operator or to Last Mile Solutions.

Such actions shall be also treated as material violation of these Last Mile Solutions Terms and the agreement with the Operator at the same time.

Infringement of anti-fraud and anti-corruption regulations or policy shall be a legal basis for termination of these Last Mile Solutions Terms, the agreement with the Operator, suspension of the access to the Platform, the App and the Services, including terminating the access to the charging infrastructure or the End-User account, as well as claiming financial remedies from the responsible parties.

4.2. Role of the Operator

Last Mile Solutions has developed the Platform and the App at the request of the Operator that manages them and provides its Services to End-Users with their use.

Therefore, when registering on the Platform or in the App, each End-User enters into the End-User Agreement with the Operator directly.

The Operator is your point of contact and contractual counterparty. The Operator provides you with its Services described in the End-User Agreement, manages and supports operation and configuration of your End-User Account and ensures a helpdesk for all Users of the Platform and the App.

At the request of the Operator, Last Mile Solution may provide the Platform and the App’s updates, including its corrections, development of new functionalities and/or changes in security measures This is the Operator that is obliged towards the Users to provide them.

4.3. Violation of Last Mile Solutions Terms

For the security of the Platform the App and their Users and irrespective of any other measures that may be provided in the End-User Agreement , if you materially violate your User’s duties listed in these Last Mile Solutions Terms, in particular in clause 4.1, Last Mile Solutions will be authorized to suspend your access to the Platform and the App for the time necessary to remedy the violation.

If safety reasons allow for it, you will be notified in advance about such qualification of your actions on the Platform or in the App and you will be given a reasonable term to remedy such a violation before access is suspended.

You will always be given a fair possibility to justify and correct your actions on the Platform and in the App.

In the event of an unjustified suspension of access or if the reasons for suspending access are fully removed, access will be restored immediately.

4.4. Technical requirements for using the Platform and the App

To use the Platform or the App, you must have at your disposal computer equipment or a mobile device with Internet access and a web browser.

It may be necessary to enable the necessary cookies to properly use the Platform and the App. When using the Platform accessible via Internet browser, we advise you to use Google, Google Chrome, Mozilla Firefox or Safari web browsers. Last Mile Solutions may suggest other browsers at any time.

The use of the App requires the installation on your mobile device. Without registration or logging in to the App, you will be able to use a limited scope of Services (like Charging without registration) and you will not be able to automatically obtain sales documents such as an invoice for the Services used.

4.5. Security

The Operator, Last Mile Solutions and their subcontractors take measures to secure the data processed at the highest possible level, including using data transfer security, securing websites and software against cyber-attacks and updating the IT tools used. SSL encryption (used to secure data transmission over the Internet), the SEPA integration protocol (banking interface) and other security measures are used on the Platform and in the App.

Despite taking appropriate security measures on the Platform and in the App, as a User you should bear in mind that no security measures can fully eliminate all risks and threats, especially those related to the use of the Internet or mobile devices as such. Such risks may include third-party malware, spyware, SPAM, phishing, hacking and cryptanalysis to which any Internet user may be exposed. Also, the way you as a User use the Internet is important and affects the level of risks associated with the electronically provided services of any kind, in particular your carefulness when receiving links or keeping your own updated and effective anti-virus software.

4.6. Updates

The Platform and the App may be updated from time to time, to implement technological changes, new functionalities, changes in security features, as well as to maintain compatibility of them with legal requirements.

Whenever update is mandatory or required for the proper use of the Platform and/or the App, such update will be made available to Users at no additional cost.

The use of the updated Platform does not require installation.

In the case of the updates of the App, installation of the update may be required.

5. PARTIAL TRANSFER

5.1. Partial Transfer

In a limited scope and for the purpose of providing support by Last Mile Solutions to both the Operator and its End-Users, the Operator has partially transferred its rights and obligations under the EUA to Last Mile Solutions upon the End-User’s consent (Partial Transfer).

The Partial Transfer involves rights and obligations of the Operator that relate to the Charging Services, hosting subscription Services, home charging cost reimbursement Services, covering the following:

Transfer of some of the Operator’s duties ( obligations) under the EUA to provide the End-User with Charging Services, hosting subscription Services and home charging cost reimbursement Services, upon the End-User’s consent and
Assignment of claims towards the End-User for the Services indicated above, to collect Payments in relation thereto (and not to the Operator anymore), as well as paying the costs to be reimbursed and Remunerations in relation thereto.

As a result of the Partial Transfer, Last Mile Solutions:

provides End-Users with Charging Services, hosting subscription Services, home charging cost reimbursement Services and other Services as specified under the EUA;
acquires access to Charging Stations registered by the Operator and End-Users on the Platform to the extent necessary to provide Charging Services;
invoices you as an End-User for your Charging Services or hosting of your Charging Points/Stations or other Services on the Platform or in the App, as defined herein and in the EUA, and, if applicable, for administrative fees for correction of adjustment of invoices connected with the subject matter of the Partial Transfer;
collects Payments from End-Users for the Services,
pays you out with Remunerations due to you asEnd-User being the CSO in connection with Charging Sessions rendered by the Operator or another MSP participating in the Charging Network at your Charging Stations.

When performing its role connected with the Partial Transfer, it is also Last Mile Solutions that:

is authorized to collect Payments from you by way of direct debit, if this method of payment is applicable under the EUA,
is authorized by you (if you are a CSO) to issue invoices on your behalf via self-billing.

The Partial Transfer takes place only to the extent and for the purpose as set out above. The Partial Transfer may not include any other entity.

To provide its support to both the Operator and its End-Users, Last Mile Solutions also ensures – for the Operator and its End-Users – the connection within the Charging Network, allowing the Operator and its End-Users to use Charging Stations within this Charging Network (Roaming). Last Mile Solutions ensures the validation of the Charging Sessions with other market participants (CPO/CSO/MSPs), communicates with roaming parties and other networks and takes care of all payment traffic within the Charging Network.

5.2. Liability of the Operator

In addition to other duties of the Operator and irrespective of the Partial Transfer, the Operator provides its own guarantee to the End-User that the EUA will be performed in full in accordance with its terms.

Terms of the Services, including their payment terms, are described in the EUA and they do not change because of the Partial Transfer.

6. CHARGING STATIONS

6.1. Obligations connected with registration of the Charging Station on the Platform

All public Charging Stations registered on the Platform are included in the Last Mile Solutions Network.

Therefore, if you are a CSO or CPO of the Charging Station registered on the Platform, you agree to include such Charging Stations in the Last Mile Solutions Network. At the moment of registering your Charging Station on the Platform, you also authorize the Operator and Last Mile Solutions to access and use such Charging Stations by them or other entities authorized further by the Operator or Last Mile Solutions or other participants of the Charging Network, including the Partner Networks, for the purpose of providing the Charging Sessions. You guarantee at the same time that you are entitled to grant such access. You also agree to provide access to the data on your Charging Station to such entities.

As a CSO or a CPO registering the Charging Point or Charging Station on the Platform, you are and remain responsible for technically appropriate and secure operation and maintenance of such a Charging Point/Station, as well as its compliance with all legal provisions applicable in this regard and the generally accepted rules of technology. You are obliged to furnish it with the necessary equipment (where required) and properly mark the Charging Station. You are also obliged to supply such a Charging Point/Station with the energy necessary for charging EVs. By providing access to your Charging Station and supplying it with the energy to be consumed during the Charging Sessions, you provide the energy supply (within the VAT provisions meaning) to the Operator, Last Mile Solutions or another Mobility Service Provider operating within the Charging Network, enabling them to provide the Charging Service at you Charging Station.

Because of the scope of the duties of CSOs/CPOs, Last Mile Solutions may not guarantee any Charging Point/Station density and/or reachability and/or energy supply without power outages to its users.

If you area CSO of the public Charging Station within the Charging Network and the Partial Transfer described above takes place, you will be reimbursed by Last Mile Solutions for using your Charging Station in order to provide Charging Sessions by the Operator, Last Mile Solutions or other MSPs from the Charging Network in accordance with tariffs and rates agreed. Remuneration, as described above, will be paid based on invoices issued under self-billing authorization granted by you to Last Mile Solutions under the terms described in Section 12 hereof (12. SELF-BILLING AGREEMENT). By accepting these Last Mile Solutions Terms, you agree also to enter into such a self-billing agreement with Last Mile Solutions.

7. CHARGING WITHOUT REGISTRATION

7.1. EV Driver

As a User of the Easy Charging Quality App (in-app version) you may choose not to register or not to log in. In such a case, you will be able to use the Charging without registration Service.

7.2. Charging without registration

The Easy Charging Quality App (in-app version) enables you to use the Charging without registration the Charging Station within the Charging Network provided by Last Mile Solutions at. Please be advised that the Charging Stations available within the Charging Network may change in time.

You start and finish charging your EV by selecting the appropriate button in the App (“Start charging”, “Stop charging”).

By starting charging, you agree to use the Charging without registration Service with the obligation to pay and you agree that the Service will start immediately upon your request, without further right to withdraw from the agreement concerning this Service.

7.3. Access to Charging Station information

Access to the Charging Station for the unregistered User is possible only via the App, without registration and login requirements.

Charging without registration is available during the hours of availability of the respective Charging Station, which are also indicated in the App.

When using the App without registration or logging in, you may learn about the Charging Station: its location, availability, connector type, charge rates due to Charging without registration.

You will not, however, have access to your charging history, statistics and other Services that are dedicated to registered End-Users.

7.4. Fees for Charging without registration

Charging without registration is a payable Service.

Charging without registration is charged in accordance with the price list indicated in the App for the respective Charging Station.

Rates may be updated from time to time. The rate indicated in the App immediately prior to the start of the Charging Session is always binding.

The prices indicated are always gross prices and include VAT (at the relevant rate). Most often, charges are calculated per kWh taken during charging.

The prices shown throughout the App may also provide for additional charges e.g., start-up fee, roaming fee, the fee for using direct payment methods.

In addition, the period during which your EV is parked in the parking space assigned to the Charging Station may incur additional fees.

7.5. Payment for Charging without registration

You will pay for Charging without registration by choosing the payment method available in the App.

Payment methods are always indicated in the App. It will include prepaid payment methods with the use of a Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro debit or credit card and others as indicated in the App.

Depending on the payment method selected, prior to the start of charging:

a fixed amount will be reserved and processed when the final amount is clear or
a fixed amount will be deducted as pre-payment and the remaining prepaid funds after payment will be returned. The timing of this return payment can vary depending on the payment operator.

You will only be charged with the amount due for the Charging without registration actually performed.

If the entire blocked or deducted amount is used, the Charging Session will be automatically ended.

By providing payment card details, you agree that the payment operator may store the card details and that Last Mile Solutions is authorized to collect Payment from such a card for the Charging without registration in the amount determined in accordance with the price list (authorization for the purpose of a single payment transaction to pay for a one-off charging).

In the event of incorrect authorization of the data provided by you, you may not start using the Charging without registration Service.

You are obliged to have sufficient funds to pay for Charging without registration on a payment card or within another payment method indicated .

In the event of payment failure after Charging without registration, you are obliged to pay for the Charging without registration Service by bank transfer within two (2) working days of the end of the Charging Session. In this case, Payment must be made to Last Mile Solutions’ bank account no.: NL79 ABNA 0402 1017 74.

7.6. Obligations of EV Driver when using Charging without registration

When using Charging without registration, you are obliged to observe all User’s duties as described herein, and also:

pay all due fees for Charging without registration in accordance with the rates provided in the App before the Charging Session is started;
use the equipment of the Charging Station only in a safe manner, in accordance with its intended use, the instructions for use of the Charging Station available at the Charging Station, and the instructions of the persons operating the Charging Station on site (if such persons are present);
use the parking spot connected with the Charging Station only for the time of the Charging Session and not impede other EV Drivers’ access to the Charging Station.

7.7. Helpdesk

In connection with Charging Service without registration and use of the App or Charging Station, you may use helpdesk support, as described in Section 8 of these Last Mile Solutions Terms (8. HELPDESK. COMPLAINTS).

8. COMPLAINTS

8.1. Operator’s helpdesk

The Operator also provides you with helpdesk support connected with the use of the Platform, the App and the Services. Irrespective of any Partial Transfer made, in connection with the Services each End-User must address its complaints – if any – to the Operator directly.

You may find the details of this support and contact details of the Operator in the EUA.

8.2. Charging Station helpdesk

Any time you use Charging without registration, you may also use CPO’s helpdesk as available at the Charging Station.

The contact details will be displayed on the Charging Station.

8.3. Last Mile Solutions helpdesk and point of contact. Complaints

If you need to contact Last Mile Solutions directly, in particular, if you would like to make a complaint connected with Charging without registrations, you may also use the following contact details, available from 9:00 a.m. to 6:00 p.m. Monday to Friday, with the exception of national holidays in the Netherlands:

email: support@lastmilesolutions.com
phone: +31 10 312 6000

The above-mentioned email address is also a designated single point of contact of Last Mile Solutions that may be used for direct electronic contact for all Users, as well as external parties, including authorities. Communication may be conducted in English or Dutch.

If you would like to make a complaint to Last Mile Solutions about Last Mile Solutions’ Services, you must indicate at least:

Your name and contact details,
The Platform/App you are using,
The subject of the complaint, i.e., a description of the irregularities in the operation of Last Mile Solutions’ Services,
The expected manner of resolving the complaint,
In the case of payable Services: used payment method,
If applicable: the Charging Station ID, time and date of the Charging Session,
Type of phone and browser version.

Before lodging a complaint, you should verify that the non-functioning or malfunctioning of Last Mile Solutions’ Service is not due to reasons attributable to you and your devices, in particular problems with Internet access.

Last Mile Solutions will respond to the complaint without undue delay by the same means by which the complaint was submitted or by email. In the case of Consumers, Section 9 hereof (9. CONSUMERS) also applies.

9. CONSUMERS

9.1. Consumers

This Section 9 applies only to Users who are Consumers.

9.2. Right of withdrawal

A Consumer will have the right to withdraw from this agreement without cost and without giving any reason within fourteen (14) days of its conclusion. Sending the declaration before the deadline is sufficient to meet this deadline.

If the digital content covered by Services is not delivered to the Consumer, the Consumer may furthermore withdraw from the agreement without calling for delivery of the digital content covered by the Service:

if it is clear from Operator’s or Last Mile Solutions’ statement or circumstances that it will not deliver the digital content or digital Service,
if the Consumer and Operator or Last Mile Solutions have agreed, or it is clear from the circumstances of the conclusion of the contract, that a specific deadline for the delivery of the digital content or digital Service was of material importance for the Consumer and it has not been delivered within that deadline.

The Consumer may also withdraw from the agreement if the digital content covered by the Service or the digital Service does not comply with EUA or Last Mile Solutions Terms, as described in clause 9.3 below. In the case of withdrawal from the agreement, the agreement will be deemed not to have been concluded. Operator and/or Last Mile Solutions will be obliged to reimburse – within fourteen (14) days – all fees paid by such a User, except for remuneration for Services performed upon the request of the Consumer before the withdrawal from the agreement.

Services will be provided before the expiry of the deadline for withdrawal from the agreement with the Consumer upon the Consumer’s express request.

The Consumer may use the following model (optional) withdrawal declaration:

Model withdrawal form

Addressed to: Threeforce B.V., acting under the name Last Mile Solutions, Zeemansstraat 11 A (3016 CN) Rotterdam, The Netherlands,

info@lastmilesolutions.com

I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the provision of the following service(*)

– Date of conclusion of the contract(*)

– Full name of Consumer(s)

– Address of Consumer(s)

The charging by its nature, is performed immediately. For this reason, by starting charging, you agree to the immediate start of the Service, that is, also before the elapsing of the term for a withdrawal from the agreement for this Service. You are reminded that in such a case, you will be obliged to pay for the Service performed.

9.3. Contractual compliance – legal liability of Last Mile Solutions

If the digital content covered by Service or the digital Service, is not in conformity with EUA or Last Mile Solutions Terms, the Consumer may request it to be brought into conformity. Last Mile Solutions may only refuse if the request is unreasonable (Last Mile Solutions is not responsible for the non-conformity in question) or if bringing it into conformity is impossible or would require excessive costs. The bringing into conformity will take place within a reasonable time from the moment of the complaint. The costs of bringing the Service into conformity with the agreement will not be borne by the Consumer.

If bringing Service into conformity is impossible or requires excessive costs, the Consumer may request a proportionate price reduction or, if the lack of conformity is not insignificant, withdraw from the agreement. The preceding sentence will also apply if the lack of conformity of Service is so significant that it justifies a reduction of the price or a withdrawal without a prior request to bring it into conformity.

9.4. Time to resolve a complaint

The Consumer’s complaint will be considered without undue delay, but no later than within fourteen (14) days of its submission, and a response will be provided in each case on a durable medium. If the Consumer’s complaint is not responded to within the prescribed period, the complaint will be deemed justified.

9.5. Right to terminate

If the Platform or the App’s update made Services causes a material and adverse effect on the Consumer’s access to or use of Services, the Consumer may terminate the agreement without notice within thirty (30) days of such change.

9.6. Minimum duration of the Consumer’s obligations

The Consumer will be bound to the agreement under these Last Mile Solutions Terms for at least the period from the starting of the Charging on an ad hoc basis until payment for the charging performed and/or for the time the User uses the Platform and/or the App.

10. LIABILITY

10.1. Last Mile Solutions’ liability

Unless otherwise provided by law, Last Mile Solutions will not be liable for the non-conformity of the digital Services, including the digital content provided, with Last Mile Solutions Terms, as well as for damage and other consequences resulting from:

the incompatibility of the digital environment used by the User with the technical requirements for the use of the Platform, the App or Services of which the User was informed prior to the conclusion of the agreement, including irregularities in the User’s computer equipment or mobile devices or the malfunction of third-party software used by the User;
failure to fulfil the obligation of required cooperation in the provision of Services, of which the User was informed prior to the conclusion of the agreement, the incorrect operation of the Platform or the App by the User.

Unless otherwise stipulated by law, the responsibility for the provision of electricity to the respective Charging Station, including the actual enabling of (full) charging of the electric/hybrid vehicle and its efficiency, rests with the CSO, CPO or other exploiting entity operating the respective Charging Station. The Charge Point or Charging Station owner or the CPO of the respective Charging Point is responsible for the provision of electricity to the respective Charging Point, including the actual enabling of (full) charging of the Electric Vehicle and equipment tools used, such as charging cables.

Last Mile Solutions may be liable for damage incurred by the User as a result of an attributable failure by Last Mile Solutions to comply with its contractual obligations vis-a-vis the User on condition that the User informs Last Mile Solutions of such failure in writing within ten (10) business days of the day on which the User has identified or could have reasonably identified the failure, granting Last Mile Solutions a reasonable efficiency. Last Mile Solutions is not responsible if the EV cannot (or cannot safely) charged due to the defect in the electric vehicle or in the tools used, such as charging cables.

Last Mile Solutions may be liable for damage incurred by the User as a result of an attributable failure by Last Mile Solutions to comply with its contractual obligations vis-a-vis the User on condition that the User informs Last Mile Solutions of such failure in writing within ten (10) business days of the day on which the User has identified or could have reasonably identified the failure, granting Last Mile Solutions a reasonable term to still comply. The period of ten (10) business days referred to in the previous sentence does not apply to Consumers.

Last Mile Solutions’ total liability under Last Mile Solutions Terms is limited to six (6) times the fee paid by the User for the Services for the month when the damage occurred and to the actual loss incurred (this limitation does not apply in the case of gross negligence or intentional damage, as well it does not apply to Users who are Consumers).

10.2. User’s liability

Unless otherwise stipulated by law, the User will be liable for errors in documents, payments, or other damage caused by the User’s failure to comply with the obligation to provide true, correct and complete information required (as indicated above).

Unless otherwise stipulated by law, the User will be liable for damage caused by improper or careless use of the Platform, the App or Charging Stations and will indemnify Last Mile Solutions against claims arising therefrom.

11. PERSONAL DATA

11.1. Data Controller

The data controller of the personal data of the User who is a natural person or person representing the User is Threeforce BV with its registered office in Rotterdam, the Netherlands (Last Mile Solutions).

You can contact Last Mile Solutions via the designated Data Protection Officer on matters concerning your personal data

by email at: privacy@lastmilesolutions.com or
in writing at: Zeemansstraat 11 A (3016 CN) Rotterdam, the Netherlands.

11.2. Processing of personal data

Last Mile Solutions processes, inter alia, the User’s contact details, email address, scope of Services used, billing data (e.g., payment card data) and, in the event of an obligation or request to issue a VAT invoice to the User, also the User’s data indicated for the invoice (company name, VAT ID, address).

Personal data of End-Users is processed to (i) perform the agreement with Last Mile Solutions (for the time of the agreement and until the statute of limitations on claims) and (ii) fulfil its legal obligations (for the time required by law i.e., for archiving sales documentation).

11.3. Rights of the User

The User has the right to access, rectify and erase data, restrict processing, data portability, as well as to lodge a complaint about unlawful processing with the data protection supervisory body (the Dutch Data Protection Authority or your local EU data protection supervisory body).

11.4. Privacy Policy

Details of the processing of personal data can be found in the Last Mile Solutions Privacy Policy available on the Platform, in the App, as well as at https://www.lastmilesolutions.com/privacy-policy/

11.5. Other cases of processing

Please be advised, that Last Mile Solutions also processes data as the Operator’s processor or sub-processor, inter alia when it develops, maintains, updates and supports the Platform and the App or provides other support for the purpose of the Operator’s Services under EUA. In such a case, the processing of your personal data or personal data of third parties you provide will be governed by the rules indicated by the Operator or another data controller in their own information clause.

12. SELF-BILLING AGREEMENT

12.1. Self-billing agreement

The provisions of this Section 12 constitute a self-billing agreement between the End-User being the CSO (or CPO if applicable) of the public Charging Station registered on the Platform and Last Mile Solutions, within the meaning of respective VAT provisions applicable.

12.2. Scope of authorization

Last Mile Solutions is entitled to prepare and issue self-billed VAT invoices on behalf of the End-User being the CSO for the payment of any Remuneration due to the CSO for any supplies made to Last Mile Solutions or Operator or other MSPs within the Charging Network in connection with the Charging Sessions provided by such entities at its Charging Stations.

12.3. Self-billed invoices

The invoice issued by Last Mile Solutions under a self-billing procedure must contain information that the invoice is issued in the name and on behalf of the CSO (i.e., the taxpayer specified on the invoice as the seller) and a note “self-billing” next to the invoice number.

The numbering of these invoices will be according to the order in which they are issued by Last Mile Solutions, i.e. Last Mile Solutions applies its own numbering scheme.

Last Mile Solutions will issue an invoice in the name and on behalf of the CSO in electronic form, to which the CSO hereby agrees.

12.4. Last Mile Solutions’ duties

Last Mile Solutions agrees to:

issue self-billed invoices for all supplies/services made by the CSO in respect of the Remuneration;
complete self-billed invoices showing the CSO’s name, address and VAT registration number, together with all other details which constitute a full VAT invoice;
inform the CSO if the issue of self-billed invoices will be outsourced to a third party.

Last Mile Solutions is obliged to issue invoices in accordance with the regulations that apply in this regard, in particular the Turnover Tax Act and the executive provisions issued based thereon.

12.5. CSO’s duties

The CSO warrants that it is a taxpayer registered for VAT purposes and agrees:

to provide complete, correct and accurate data necessary to issue self-billed invoices on its behalf;
to accept invoices issued by Last Mile Solutions on the CSO’s behalf and not to terminate the authorization to issue invoices under the self-billing scheme described in this Section 12 until the expiry of the term or the termination of this Section 12, whichever occurs first;
not to issue any sales invoices for the transactions covered by this Section 12, and self- billing agreement as described herein;
to notify Last Mile Solutions immediately, no later than within 1 (one) business day if the Purchaser changes its VAT registration number, ceases to be VAT registered, or sells its business, or part of its business.

12.6. Verification procedure

Parties to this self-billing agreement are obliged to comply with the procedure for the verification and approval of individual invoices by the CSO as specified below:

Each invoice issued in accordance with this Section 12 under the CSO’s self-billing authorization will be available for the CSO to download from the Platform or will be made available electronically, i.e., sent to the CSO’s email address.
Invoices posted on the Platform will be made available in PDF format, enabling the CSO to download those invoices. The CSO as a taxpayer is allowed to store invoices, correct invoices and make duplicates of these documents.
Last Mile Solutions must inform the CSO via the Platform or by email that an invoice has been issued in its name and on its behalf and that it may comment on the contents of the invoice within three (3) working days of the issue of the invoice.
The invoice will be deemed approved by the CSO if the CSO makes no remarks to its contents within three (3) working days of the issue of the invoice.
If an error is found in an invoice, the CSO must immediately notify Last Mile Solutions by sending information about the type of errors found by email to Last Mile Solutions’ address.

12.7. Other terms:

This self-billing agreement forms an integral part of Last Mile Solutions Terms and will be governed by the same terms, including termination rules, as Last Mile Solutions’ Terms as a whole.

13. FINAL PROVISIONS

13.1. Law and competent court

The Terms will be governed by the laws of the Netherlands.Any disputes arising from the Agreement will be settled by the courts of Rotterdam (the Netherlands).

The choice of the law does not deprive the Consumer – User concluding this agreement of his/her rights and protection under mandatory provisions of the law of his/her country of habitual residence (which – in the absence of the abovementioned choice of law – would have been applicable to this Consumer).

13.2. SaaS

The Platform and the App – as described herein – are provided as a service (no license is granted). Your rights of use, as a User, are limited to the scope described in End-User Agreement and herein and limited for the time of this agreement with Last Mile Solutions.

13.3. Termination

The agreement with Last Mile Solutions as described in Last Mile Solutions Terms is concluded for the term of the EUA. Termination or expiry of the EUA results in the termination of this agreement.

These Last Mile Solutions Terms may be terminated at any time together with the EUA.

In the event of termination of Last Mile Solutions Terms, further use of the Platform and/or the App is not allowed.

You, as a User, are however always free to stop visiting the Platform and/or uninstall the App. Last Mile Solutions can terminate Last Mile Solutions Terms as a whole – or – as the case may be – partially with immediate effect (after a prior request to cease violation within a reasonable remediation period) if:

it repeatedly proves impossible to carry out the direct debit/automatic collection of due fees; or
User’s payment arrears of more than thirty (30) days accrue; or
the User does not comply with Last Mile Solutions Terms, in particular with its duties listed in clauses 4.1 7.6 of Last Mile Solutions Terms.

13.4. The version of Last Mile Solutions Terms

The agreement with the User is governed in each case by Last Mile Solutions Terms in the version accepted on the Platform and/or in the App.

13.5. Change of Last Mile Solutions Terms

Last Mile Solutions is unilaterally authorized to amend these Last Mile Solutions Terms during their term for important reasons, in particular:

to reflect changes in the law or their interpretation by courts or administrative bodies;
to add new functionalities or Last Mile Solutions’ Services or change the scope of Last Mile Solutions’ Services offered;
to correct obvious mistakes, calculation errors, language errors, etc.;
if there is a change in the contractual relationship between the Operator and Last Mile Solutions or between either the Operator or Last Mile Solutions and their contractors or partners, in each case to the extent affecting Last Mile Solutions’ Services;
if there is a change to the infrastructure of the Charging Network, the Platform or the App affecting their operation.

The registered End-User will be informed about the change of Last Mile Solutions Terms electronically by the content of the new Last Mile Solutions Terms being made available to the End-User via email or the End-User Account.

Amendment to Last Mile Solutions Terms is effective upon the lapse of fourteen (14) days from the time the amended Last Mile Solutions Terms are made available or from the moment of the acceptance of the amended Last Mile Solutions Terms.

In the case of a Consumer, the amended provisions of Last Mile Solutions Terms become binding no earlier than from the moment of the acceptance of the amended Last Mile Solutions Terms by the Consumer.

The User may terminate these Last Mile Solutions Terms within fourteen (14) days of receiving the amended Last Mile Solutions Terms.

During the notice period, the previous provisions of these Last Mile Solutions Terms will apply.

Amendments to Last Mile Solutions Terms do not affect Services performed until the date of the amendment.

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