General Terms and Conditions for the Provision of Ad-Hoc Charging Basis ensured by the CPO

1. Introductory Provisions

1.1. Charge Point Operator (CPO)

These General Terms and Conditions for the provision of charging on ad-hoc basis ensured by the CPO (“Terms”) are published by the Charge Point Operator (“CPO”) of the Charging Station you use.

The name of the CPO is directly available at the Charging Station.

 

1.2. Charging on ad-hoc basis ensured by the CPO

As described in these Terms, the CPO ensures that you, as an EV driver (“End-User” or “you”):

  • can use a one-time charging (“Ad-Hoc Charging Service” as defined herein) at the CPO’s Charging Station; and
  • may pay electronically for the Ad-Hoc Charging Service using direct payment methods available (depending on the case) in the use of the Web-app and/or at the Payment Terminal connected with the CPO’s Charging Station.

Ad-Hoc Charging Service as described herein shall be always available at the Charging Station, irrespective of any other charging services provided by the mobility service providers at the same Charging Station.

At Charging Stations without Payment Terminal, direct payment with the use of the Web-app is the only available payment option (in such a case, provisions of these Terms concerning payments via the Payment Terminal shall not apply).

Irrespective of the Service Provider’s engagement, as described in clause 1.3 below, and taking into account legal duties of the CPO described in applicable provisions of law, the CPO provides the End-User with its own guarantee that the Ad-Hoc Charging Service and other duties described herein will be performed in full in accordance with these Terms and provisions of the law, as well as remains liable for such a guarantee

 

1.3. Role of the Service Provider

For the effective performance of its duties towards End-Users, the CPO has engaged Last Mile Solutions i.e.:

Threeforce B.V., acting under the name Last Mile Solutions, with details defined in clause 2.7 below (“Service Provider”, “Merchant” or “we”).

Therefore, based on such an engagement, a Charging Session shall be directly provided to you by and under responsibility of the Service Provider that also handles payment processing (as a Merchant), fees collection and, if applicable, sales documents issuance.

The agreed geographical region where Ad-Hoc Charging Services hereunder may be performed and payments processed is the EEA (the European Economic Area), United Kingdom and Switzerland.

 

1.4. Purpose and scope of application of the Terms

This document explains terms and conditions, including your duties and different payment methods.

These Terms are not meant for establishing any commercial relationship with the CPO or any other entity that goes beyond the mere use of the Ad-Hoc Charging Service (as defined herein).

These Terms applies for the time of the Charging Session and after that time, until the payment for the completed Ad-Hoc Charging Service is made (it shall not give rise to any further obligations of the End-User beyond the use of the Ad-Hoc Charging Service).

These Terms apply to all End-Users using the Ad-Hoc Charging Service in connection with the Web-app or a Payment Terminal.

 

1.5. The Terms

These Terms are made available to you before you start using the Ad-Hoc Charging Service.

 

2. DEFINITIONS

2.1. Ad-Hoc Charging Service, one-time charging service, or charging on ad-hoc basis

An ad hoc (one-time) charging service ensured by the CPO at CPO’s Charging Station involving charging (the transfer of electricity to) an End-User’s electric vehicle, which is available without the need to register, conclude a written agreement or enter any other commercial relationship with the CPO or any other entity that goes beyond the mere purchase of the charging service. The term “Ad-Hoc Charging Service” within the meaning of these Terms and these Terms do not involve any form of charging provided via mobility service providers, with the use of any mobile applications that require downloading and installation (also without registration).

 

2.2. Charging Session

The period of performance of the Ad-Hoc Charging Service during which you use a Charging Station to charge your electric/hybrid vehicle, commencing when you access such a Charging Station and ending when you terminate such an access.

 

2.3. Charging Station

A facility operated by the CPO which is accessible to you (open to the public or chosen groups of EV drivers for charging of their electric vehicles), enabling you to use the Ad-Hoc Charging Service.

The Charging Stations for which these Terms apply are part of the Last Mile Solutions network.

 

2.4. Consumer

The End-User being a consumer, i.e., a natural person using Ad-Hoc Charging Service which is not related to the scope of his/her business activity.

The End-User shall be treated as a Consumer and all Ad-Hoc Charging Services shall be treated as performed for the benefit of the Consumer, unless otherwise indicated by the End-User in accordance with these Terms (see clause 7.2 below).

 

2.5. CPO

Charge Point Operator managing the Charging Station and ensuring the Ad-Hoc Charging Service to End-User.

 

2.6. Payment Terminal

A payment terminal or other device used for payment services connected with the CPO’s Charging Station, allowing for ad-hoc physical card payments, such as payment card reader or device with a contactless functionality that is at least able to read payment cards.

 

2.7. Service Provider, Merchant

Threeforce B.V. acting under the name Last Mile Solutions, a private limited liability company, with registered seat in Rotterdam and offices in (3016 CN) Rotterdam on Zeemansstraat 11, listed in the Trade Register of the Chamber of Commerce of Rotterdam under number 24360819, email info@lastmilesolutions.com, telephone number: +31 10 312 6000, acting as a provider of Ad-Hoc Charging Service and a Merchant i.e. a party to a merchant agreement with a payment service provider and for whom payment service provider processes a transaction related to the Ad-Hoc Charging Service, performed as described herein.

 

2.8. Web-app

The web-interface that is made available to you by the Service Provider via your web browser to enable you to pay electronically by scanning the QR code available at the Charging Station with your mobile device for the Ad-Hoc Charging Service and use other functionalities as described herein.

 

3. DETAILED TERMS OF USE OF THE AD-HOC CHARGING SERVICE

3.1. Payable service

The Ad-Hoc Charging Service is payable. It will be charged in accordance with the price list applicable for the respective Charging Station.

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

 

3.2. Price and components of the price

The rate of the price for the Ad-Hoc Charging Service may differ depending on the Charging Station. The price list will be indicated in the Web-app and/or directly on the Payment Terminal at the Charging Station.

Price rates may be updated at any time. The rate indicated in the Web-app and/or in the Payment Terminal at the Charging Station immediately prior to the start of the Charging Session is always binding.

The prices indicated in the pricelist are always gross prices and include VAT (at the relevant rate).

Most often, the price is calculated per kWh taken during the Charging Session.

The price list may also (depending on the case) provide for additional charges e.g. fee for the period during which the electric vehicle is parked in the parking space assigned to the Charging Station, start-up fee, roaming fee, fee for using a particular payment method. Such additional price components are always clearly listed.

In some cases, applicable law defines which price components are admissible for charging on ad-hoc basis. In such a case only such price components may be charged from the End-User.

No additional fees will be charged for the payment through the Web-app or the Payment Terminal.

 

3.3. Payment for the Ad-Hoc Charging Service

You can choose to pay for the Ad-Hoc Charging Service using the Web-app (in accordance with Section 4 below) or with the Payment Terminal (in accordance with Section 5 below).

Please note that, depending on the case, at some Charging Stations only one of these two options may be available.

You are obliged to choose a particular payment method from the methods available which are always listed in the Web-app and/or on the Payment Terminal. Payment with the payment card is always available (usage of debit or credit card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro and others as indicated).

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

  • a fixed amount will be reserved and processed when 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 be only charged with the amount due for the Ad-Hoc Charging Service 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 the Service Provider is authorized to collect payment from such a card for the Ad-Hoc Charging Service in the amount determined in accordance with the applicable price list (authorization for the purpose of a single payment transaction to pay for the Ad-Hoc Charging Service).

 

3.4. No registration

The service described herein, including the Web-app and the Payment Terminal, are intended for End-Users interested in ad-hoc, one-time charging, without downloading and installing any applications, without registration or log-in. By using Ad-Hoc Service, the Web-app or the Payment Terminal you will not be able to register your account or create a user profile.

If you intend to create a user account with the access to other functionalities, like history of all your Charging Sessions, you should use one of the available charging mobile apps instead – such a service is not however a subject of these Terms and separate terms of the service mobile provider who provides such an app shall apply (see also clause 4.1 below).

 

3.5. Technical requirements for using Ad-Hoc Charging Service

The Ad-Hoc Charging Service at a given Charging Station shall only be available to owners of electric / hybrid vehicles that meet the technical requirements of such a Charging Station (including compatibility with the connector indicated) as indicated in the user manual of the Charging Station concerned.

Before selecting the Charging Station and starting to use it you should make sure that the Charging Station is available and that your electric / hybrid vehicle is compatible with the connectors available at the given Charging Station.

 

3.6. Availability of the Ad-Hoc Charging Service

The Ad-Hoc Charging Service is available during the hours of availability of the respective Charging Station, which are also indicated in the Web-app and/or at the Charging Station.

Before scanning the QR code, using the Payment Terminal or starting the Charging Session, you should check if the Charging Station is switched on and if there is no message indicating that the Charging Station is temporarily out of service or has failed.

 

3.7. Payment failure or incorrect authorization

In the event of incorrect authorization of the data necessary for payment processing provided by you, you may not start using the Ad-Hoc Charging Service.

You are obliged to have sufficient funds to pay for the Ad-Hoc Charging Service on a payment card or within another payment method indicated by you.

Where payment cannot be made by the selected payment method, you shall select another payment method available on the Web-app or at the Payment Terminal.

In the event of payment failure after the Ad-Hoc Charging Service is performed; you are obliged to pay for the Ad-Hoc Charging Service by bank transfer within two (2) working days of the end of the Charging Session.

In this case, payment must be made to the Service Provider’s bank account no.: NL79 ABNA 0402 1017 74.

In the event that a payment authorization is not released on the used card, please refer to our support department: support@lastmilesolutions.com.

 

3.8. Payment arrears

The End-User in arrears of payment to the Service Provider is not entitled to use the Ad-Hoc Charging Service until the arrears are settled.

The Service Provider shall be entitled to refuse to provide or to suspend the services in respect of such an End-User.

 

4. DETAILED TERMS OF USE OF WEB APP’S FEATURES

4.1. Web app access

In case you decide to pay for the Ad-Hoc Charging Service via the direct payment method with the use of the Web-app you should scan the dedicated QR code located on the Charging Station that allows for launching the Web-app on your mobile device.

Access to the digital content in the form of the Web-app’s interface is granted to you directly after scanning the QR code with the use of your mobile device and only for the duration of the Charging Session (except for access to the Charging Session transaction via link, as described in point 4.5).

After scanning QR code, you should (optionally when available), select the option: „Continue in browser to start charging”.

After scanning the QR code, it is possible, to choose – instead of using the Web-app – to be redirected to the Google Play or the App Store and, optionally, to download the dedicated app for charging, which has a several additional functionalities, including the possibility to create and manage a user account. The terms and conditions of use of such an app are not subject to these Terms.

Please note that if you already have such a dedicated mobile app installed at your mobile device, the scanning of the QR code will launch such an app and your Charging Session will be carried out with the use of such app. In such a case the Web-app will not be launched. Such a charging service will be provided by the mobility service provider in accordance with the applicable terms and conditions and is not subject to these Terms.

 

4.2. Technical requirements for using the Web-app

I

To use the Web-app, you shall 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 provide access to the Web-app.

When using the Web-app, we advise you to use Google, Google Chrome, Mozilla Firefox or Safari web browsers. We may suggest other browsers any time.

The use of the Web-app does not require any installation on your mobile device.

To obtain a link to the Charging Session Summary or contact the Helpdesk electronically, you must have an active email address.

 

4.3. Access to Charging Station information in the Web-app

Launching the Web-app makes it possible to learn about the Charging Station where the electric / hybrid vehicle will be charged: its location, availability, connector type, charge rates due for the Ad-Hoc Charging Service.

 

4.4. Start and end of Charging Session

You start and finish charging your electric vehicle by selecting the appropriate button in the Web-app (“Start charging“, “Stop charging”).

 

4.5. Access the Charging Session Summary

At the end of a given Charging Session, you will see a summary containing information about the pricelist, the total amount due for a given Charging Session, and the energy consumed in kWh (“Charging Session Summary”).

 

4.6. Link to the Ad-Hoc Charging Service transaction

If you provide us with your email address, you will receive the link that will give you access to the started and ongoing Ad-Hoc Charging Service transaction and Charging Session Summary. The link will be active to the time the Ad-Hoc Charging Service transaction ends.

 

4.7. Updates

The Web-app shall be made available in the latest available version.

The Web-app may be updated occasionally to implement technological changes, new functionalities, changes in security features, and to maintain compatibility of the Services with the Terms.

Whenever the Service Provider requires a particular update of the Web-app or for other reasons such update is necessary for the proper use of the Services, it shall be made available to the End-User at no additional cost.

The use of the updated Web-app does not require installation.

 

5. PAYMENT WITH A PAYMENT TERMINAL

5.1. Terminal Payment

In case you decide to pay with the Payment Terminal for the Ad-Hoc Charging Service, you should follow transaction messages and instructions indicated at the Payment Terminal.

You should pay for the Ad-Hoc Charging Service with a payment or credit card (as indicated in the Payment Terminal) using a card reader or a contactless method, by inserting the card or by placing the card on the Payment Terminal in the appropriate place. The device reads the data, which it transmits for transaction authorization.

 

5.2. Start and end of Charging Session

The start and finish of your Charging Session can be started by a Payment Terminal.

 

6. END-USER’s DUTIES

6.1. End-User’s duties

As the End-User using the Ad-Hoc Charging Service you shall:

  • pay all due fees for the Ad-Hoc Charging Service, as indicated in the Web-app and/or at the Payment Terminal;
  • comply with the Terms and with the messages displayed after scanning the QR code or messages accompanying the QR code in the Web-app or at the Payment Terminal;
  • use the Web-app or the Payment Terminal and the Ad-Hoc Charging Service 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 Web-app any unlawful content that infringes the law or good morals, such as malicious software, software designed to remove security features or tracking software;
  • not modify the Web-app, the website on which it is hosted, the Payment Terminal or other elements of the services in any way whatsoever, decompile, adapt, translate the code or any other changes to the software, remove technical protection, trademarks or other signs, or modify the content of messages;
  • 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 at the Charging Station);
  • occupy the parking spot at the Charging Station only for the purpose and duration of using the Charging Service;
  • not to restrict or impede the use of the Charging Station by others.

Furthermore, as the End-User you are obliged to provide correct, complete data involving:

  • the data required to use the payment method chosen by you and to pay for the Ad-Hoc Charging Service – particularly the details of your valid payment card, which has been pre-authorized by the issuing bank and on which you have sufficient funds to pay the price due for the Ad-Hoc Charging Service;
  • an email address (via the Web-app) – if you wish to receive a link to be able to return to the Charging Session paid with the use of the Web-app and a sales document (receipt / invoice as appropriate);
  • the data required for the VAT invoice – if you want to buy the Ad-Hoc Charging Service as an entrepreneur or if you are a Consumer who requests a VAT invoice to be issued for you.

 

7. ISSUANCE OF THE SALES DOCUMENTS AND HELPDESK

7.1. Issuance of sales documents for Consumers

If you provide us with your email address, you will receive a receipt provided to you by e-mail after the Charging Session is completed and payment is made.

In case of payment with the use of the Web-app you can indicate your e-mail via the Web-app. In case of the payment with the use of the Payment Terminal, you can send us your request for a receipt by contacting us via e-mail at the following address: invoice@lastmilesolutions.com.

 

7.2. Invoices for End- Users

If you would like to buy the Ad-Hoc Charging Service with the use of this Web-app or the Payment Terminal in your capacity as an entrepreneur (like company or other entity) or if you would like to receive an invoice as a Consumer, please contact us via e-mail at the following address: invoice@lastmilesolutions.com with indication of your full invoicing data i.e. your full name and surname / full business name, address, tax identification / VAT ID number.

If you request to obtain an invoice, you agree that such an invoice will be issued electronically and delivered to you via an email address provided by you.

To obtain the abovementioned sales documents, you must have an active email address.

If no such request is made, we will treat each Ad-Hoc Charging Service transaction with you as an Ad-Hoc Charging Service for the End-User being a Consumer and document it with a receipt only.

 

8. HELPDESK

8.1. Helpdesk

The CPO provides – remotely – the Helpdesk service dedicated to End-Users using the Ad-Hoc Charging Service, including providing support and guidance related to the use of the Charging Service, from 9:00 a.m. to 6:00 p.m. Monday to Friday, with exception of the local national holidays. The Helpdesk contact details (e-mail, phone number) will be available at the Charging Station.

 

9. LIABILITY AND SECURITY

9.1. The CPO’s liability

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 CPO of the respective Charging Station.

The CPO is also liable for the proper installation and operation of the Payment Terminal, as well as their compliance (PCI), hardware services, security and connectivity.

The CPO of the Charging Station remains responsible for technically appropriate and secure operation and maintenance of such a Charging Station, as well as its compliance with all legal provisions applicable in this regard and the generally accepted rules of technology.

The CPO is obliged to properly mark the Charging Station.

The CPO is also exclusively liable for meeting all its regulatory duties or requirements imposed on the CPO. Engagement of the Service Provider, as described herein, does not release the CPO from its legal duties thereunder and does not result in taking them over by the Service Provider.

The CPO’s total liability under these Terms is limited to six (6) times the Ad-Hoc Charging Service fee paid by the End-User (not applicable to End-Users who are Consumers).

 

9.2. The Service Provider’s liability

Under the terms of the law and these Terms, the Service Provider is liable for the conformity of its services, including the digital content provided, with these Terms.

Unless otherwise provided by law, the Service Provider shall not be liable for the non-conformity of its services, including the digital content provided, with the Terms, as well as for damages and other consequences resulting from:

  • the incompatibility of the digital environment used by the End-User with the technical requirements for the use of the service of which the End-User was informed prior to the conclusion of this agreement, including irregularities in the End-User’s computer equipment or mobile devices or the malfunction of third-party software used by the End-User;
  • failure to fulfil the obligation of required cooperation in the provision of the service, of which the End-User was informed prior to the conclusion of this agreement, in particular the incorrect operation of the Web-app or the Payment Terminal by the End-User.

The Ad-Hoc Charging Service provided under these Terms includes access to a Charging Station using services provided remotely, digitally.

The Service Provider is not responsible if the electric / hybrid vehicle cannot (or cannot safely) be charged due to a defect in the electric vehicle or in the tools used, such as charging cables.

The Charging Station makes use of (public or non-public) communication infrastructure such as (mobile) internet connections. The provision of the Ad-Hoc Charging Service may depend on the availability of such communication infrastructure made available by external parties beyond the Service Provider’s or CPO’s control, i.e., payment operators, Internet providers and telecommunications providers.

The Service Provider’s total liability under the Terms is limited to six (6) times the Ad-Hoc Charging Service fee paid by the End-User (not applicable to End-Users who are Consumers).

 

9.3. Role of Merchant

For the purposes of these Terms, the Service Provider (Last Mile Solutions) acts solely in its capacity as Merchant towards the CPO in relation to the Ad-Hoc Charging Services described herein. In this role, the Service Provider concludes merchant agreements with its contracted payment service provider(s) for the processing of transactions related to the Ad-Hoc Charging Services. The Service Provider does not, and shall not be deemed to, provide payment services within the meaning of applicable financial legislation. All regulated payment services are performed exclusively by duly licensed payment service providers engaged by the Service Provider. The CPO remains responsible for compliance with all other legal and regulatory obligations arising from their role in ensuring Ad-Hoc Charging Services to End-Users.

 

9.4. The End-User’s liability

Unless otherwise provided by the law, the End-User shall be liable for errors in documents, payments, services, or other damages that are caused by the End-User’s failure to comply with the obligation to provide true, correct and complete information required (as indicated above).

Unless otherwise stipulated by the law, the End-User shall be liable for damage caused by improper or careless use of the Charging Station, charging cables or other ancillary materials used during charging, the Web-app and the Payment Terminal, as well as shall indemnify the Service Provider and the CPO against any third-party claims arising therefrom.

 

9.5. Security

The Service Provider, the CPO and their subcontractors take numerous measures to secure the data processed in the Web-app or the Payment Terminal or other IT tools used at the highest possible level, including by 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 in connection with the services.

Despite taking appropriate security measures, the End-User should bear in mind when using the Web-app or other devices with internet connection, that no security measures can eliminate 100% of all risks and threats, especially those related to the use of the Internet or mobile devices as such. Such risks may include malware, spyware, SPAM, phishing, hacking and cryptanalysis to which any Internet user may be exposed. Also, the way an End-User uses the services, including being careful when using the Internet and having their own anti-virus software, affects the risk associated with the electronically provided services.

 

9.6. Complaints

Via the Helpdesk referred to in Section 8 and/or

by electronic means – e-mail: support@lastmilesolutions.com the End-User can make a complaint about the accuracy of the services, indicating at least:

  • the name and contact details of the End-User,
  • the subject of the complaint, i.e., a description of the irregularities in the operation of the service,
  • the expected manner of resolving the complaint,
  • used payment method,
  • the Charging Station ID,
  • time and date of the Charging Session,
  • type of phone and browser version

Before lodging a complaint, the End-User should verify that the non-functioning or malfunctioning of the service is not due to reasons attributable to the End-User, in particular problems with Internet access or failure of the Charging Station.

The Service Provider shall respond to the complaint without undue delay by the same means by which the complaint was submitted or by e-mail. In the case of Consumers, clauses 10.4 and 10.5 of the Terms also apply.

The Service Provider is solely (without CPO’s consent) able to decide to accept, dispute, compromise or otherwise deal with any claim made against the Service Provider arising in connection with the services described herein or otherwise in connection with these Terms, and the decision of Service Provider will be binding on the CPO as well.

 

10. THE RIGHTS OF CONSUMER END-USERS

10.1. Consumers

This Section 10 shall only apply to End-Users who are Consumers and to the services provided to them.

 

10.2. Right of withdrawal

The Consumer shall have the right to withdraw from the agreement concluded hereunder 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 the Service 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 the Service Provider’s statement or circumstances that it will not deliver the digital content or digital service,
  • if the Consumer and the Service Provider 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 the trader has not delivered it 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 the Terms, in accordance with clause 10.4 below.

In case of withdrawal from the agreement, the agreement shall be deemed not to have been concluded and the Service Provider shall be obliged to reimburse – within fourteen (14) days – all fees paid by such End-User, except for remuneration for Services performed up to the time of the declaration of withdrawal, provided at the express request of the End-User who is a Consumer, made before the expiry of the period for withdrawal from the agreement.

The Service Provider shall provide the Services before the expiry of the deadline for withdrawal from the agreement concluded with the Consumer based on the Consumer’s express request to perform the Services before the expiry of that deadline.

If the Consumer wishes to withdraw from the agreement, the Consumer should make a declaration of withdrawal using Service Provider’s data indicated in clause 1.3 of the Terms.

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 (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 Service is generally provided immediately. By requesting the charging Service, you expressly consent to us starting the Service before the statutory withdrawal period expires. You further acknowledge that your right of withdrawal will lapse once the Service has been fully performed. You are reminded that in such a case, you will be obliged to pay for the full Service performed. If you withdraw before full performance, you must pay an amount proportionate to the Service already provided in relation to the total scope of the Service.

 

10.3. Loss of the right of withdrawal

The Consumer loses the right to withdraw from the agreement if:

  • expressly requests the performance of the Service before the end of the withdrawal period and LMS performs such Service in full;
  • the subject matter of the Service are things which, once delivered, by their nature, are inseparably combined with other things;
  • the Terms relates to the provision of digital content, not recorded on a durable medium, and the End-User agrees to commence the provision of the Services before the expiry of the withdrawal period.

The Service Provider shall inform the End-User of such loss of the right of withdrawal if the consents or requests indicated above are given and shall acknowledge – on a durable medium – the receipt of such consents or requests.

 

10.4. Contractual compliance – legal liability for the services

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

If bringing the Service into conformity with the Terms is impossible, requires excessive costs, occurs despite attempts to bring the Service into conformity with the Terms, or if the Service Provider has declared that it will not bring the Service into conformity within a reasonable time or without excessive inconvenience for the Consumer – the Consumer may request a proportionate price reduction or, if the lack of conformity is not insignificant, withdraw from the Terms. The preceding sentence shall also apply if the lack of conformity of the Service with the Terms is so significant that it justifies a reduction of the price or withdrawal from the Terms also without a prior request to bring the Service into conformity with the Terms.

 

10.5. Time to resolve a complaint

The Consumer’s complaint will be considered by the Service Provider or the CPO 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 shall be deemed justified.

 

10.6. Right to terminate

If a Web-app update or other change to the services implemented by the Service Provider, including changes to digital content, causes a material and adverse effect on the Consumer’s access to or use of the services, the Consumer may terminate the Terms without notice within thirty (30) days of such change being implemented by the Service Provider.

 

10.7. Minimum duration of the Consumer’s obligations

The Consumer shall be bound on the Terms for at least the period from the commencement of the Charging Session until payment for the Ad-Hoc Charging Service performed is made in full.

 

11. OTHER PROVISIONS

11.1. Law and competent court

The Terms shall be governed by the laws of the Netherlands.

Any disputes arising from the Terms shall be settled by the courts of Rotterdam (The Netherlands).

However, the choice of the law and jurisdiction does not deprive the Consumer – End-User concluding these Terms 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 End-User), as well as his/her right to start proceeding in other location in case such a right is provided by the mandatory provision of the law, which cannot be modified by a contract.

 

11.2. SaaS

Web-app – as described herein – is provided to you as a service (no license is granted).

 

11.3. The version of the Terms

The agreement under these Terms with the End-User is governed in each case by the Terms in the version provided before the Charging Session is commenced.

The current Terms are always available in the Web-app and at the Charging Station. The Terms apply to the Ad-Hoc Charging Service performed when such Terms were applicable. Subsequent changes to the Terms do not affect any previously concluded agreements and performed services.

 

11.4. End User’s personal data processing by the Service Provider

The data controller of the personal data of the End-User who is a natural person or persons representing the End-User in connection with the Ad-Hoc Charging Service and services connected is Threeforce BV with its registered office in Rotterdam (The Netherlands).

You can contact the Service Provider via the designated Data Protection Officer on matters concerning your personal data

at the e-mail address: privacy@lastmilesolutions.com or

in writing at the address: Zeemansstraat 11 A (3016 CN) Rotterdam, The Netherlands.

The Service Provider processes, inter alia, the End-User’s e-mail address, Charging Session Summary, billing data (e.g., payment card data) and, in the event of an obligation or request to issue a VAT invoice to the End-User, also the End-User’s data indicated for the purposes of the invoice (name, company, VAT ID, address).

Personal data of End-Users is processed for the purpose of fulfilling the Terms, including the Ad-Hoc Charging Service, and fulfilling legal obligations, for the time necessary for these purposes, including the time required by law for archiving sales documentation.

Your e-mail address will be deleted after we send you the receipt, invoice, link to the Charging Session Summary or after the Ad-Hoc Charging Service transaction is completed. The receipt or an invoice will be stored for the time required by the applicable provisions of law. After your Charging Service transaction is completed, we will only store and use the anonymous session data.

The End-User has the right to access, rectify, erase, 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).

Details of the processing of personal data can be found in the Service Provider’s Privacy Policy available in the Web-app, as well as at:

https://www.lastmilesolutions.com/privacy-policy/

 

11.5. The processing of End User personal data by the CPO

The data controller of the personal data of the End-User who is a natural person or persons representing the End-User in connection with the Helpdesk Service, use of the Charging Station and other services connected is also the CPO. The details, including contact details of the CPO and personal data processing information, shall be available at the Charging Station or provided otherwise by the CPO.

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