Terms of use and privacy policy ENG & EST

TERMS OF USE

1.       General provisions

1.1.   These Terms of Use constitute a contract (hereinafter the contract) to which you (hereinafter the User) and Chargenet OÜ are parties, registry code 16862057 (hereinafter Chargenet, user support contact: info@chargenet.ee) and which sets out (i) the terms and conditions for the use of an electronic equipment (hereinafter the battery bank) for charging portable electronic devices (e.g. mobile phone, tablet, etc.) made available in the application (ii) for charging and returning battery banks (hereinafter the charging stations) and (iii) the conditions for the use of a mobile application (hereinafter application) for access to and use of battery banks.

1.2.   This Agreement also includes (i) the price list and other price information displayed in the application, (ii) the instructions displayed in the application, (iii) the privacy policies set out in Annex 1 and available in the application.

2.       USE OF APPLICATION AND USER ACCOUNT

2.1.   To use the service, it is necessary to download the application and create a user account. When you install the app, your mobile phone number, Google account, Facebook account or Apple ID will be linked to your user account and added to the database. If the user’s phone number changes or loses access to their Facebook account, Google account or Apple ID linked by the user to the Chargenet user account, the user undertakes to notify the Chargenet support within 3 days at the latest. In such a case, Chargenet will restrict access to the services through that user account. If the user does not notify the change of mobile phone number or loss of access to the account used for linking, the user is aware and agrees that the new owner of the phone number is connected to the user account and has full access to the services for which you continue to be responsible.

2.2.   To create a user account, you must fill in all the mandatory fields that the application requires. To create a user account, you may need to identify yourself through a Facebook user account, Google account, or Apple ID.

2.3.   The user has the right to register several user accounts, but Chargenet has the right to close a user account (in addition to the other grounds set out in these Terms) which has not been actively used for more than 90 days and/or for which you have notified of the loss of access to the account and/or expressed the wish to close the account through customer support. Deleting the application (deinstallation) from the device does not delete the user account or data from the database.

2.4.   The services available through the application can only be accessed through an internet connection. The app can be used on Android and Apple devices with the latest software updates installed.

2.5.   The use of the application may be limited from time to time due to technical errors and Chargenet will not be able to ensure that the application operates without errors at any time. Chargenet shall not be liable for any damage caused by the failure of the application or the inability to use it in the desired manner.

2.6.   If you agree to the terms and conditions of the Agreement, Chargenet will grant you a restricted, revocable, sublicensing and transfer-free non-exclusive license, which will provide access to the App and give you the right to use it on your personal device for the consumption of services.

2.7.   Chargenet services can be used if you have created a user account and the user account is linked to a valid credit or debit card or another payment method supported by the application (hereinafter selected payment method). The data security standard of the payment card shall also be followed upon processing of the data of the payment card.

2.8.   By creating and using a User Account, you confirm that:

2.8.1. you agree to use only your real name, valid phone number, Google account, Facebook account, Apple ID and accurate personal and bank card information and to keep this information up-to-date at all times;

2.8.2. you are responsible for accessing, controlling and security of the User Account and for any activity related to the Account’s username and password and all activities related to the User Account, unless you have notified you of the unauthorized use of your User Account. We assume that the person who uses your username and password will do so in agreement with you and with your prior permission;

2.8.3. you agree to our right to temporarily suspend or block the use of the account to the extent necessary to ensure the secure and lawful use of the application and/or to ensure that you comply with the provisions of the Agreement;

2.8.4. you agree that we may provide you with Short Messages (SMS), Mobile Notifications and Emails in connection with the Services (including promo codes, offers etc);

2.8.5. you agree to indemnify all expenses incurred by us in the recovery of our debts, including reasonable legal expenses, if you do not pay the amounts owed to us on time. We have the right to suspend or close your account if you do not pay the amount owed to us on time. In this case, you do not have the right to create a new user account, and Chargenet has the right to suspend or close all user accounts associated with you.

2.9.   When you use the app, you are not allowed to allow another person to use or use the app on your behalf if Chargenet has disabled it;

3.       USE OF CHARACTERISTICS AND ACCESSORIES

3.1.   By opening the battery bank from the lock using the app, you agree to pay for the use of the battery bank based on the price list valid at the time of use and pay the deposit to the extent specified in clause 3.4 of the Terms of Use. The current price list is displayed in the app. The fee and the deposit are debited using the payment method you choose. If the chosen payment method cannot be used, we may apply other means of recovery. Be aware that the payment methods have different privacy terms, depending on the payment method (e.g. if the payment method is Google Pay, you should check the payment terms of Google Payments, if the payment method is a bank card, you should check the privacy terms of the respective bank, etc.).

3.2.   To use the battery bank, the user needs to find out the location of the appropriate charging station in the app (addresses and the hours open to access them are displayed in the app).

3.3.   To remove the battery bank from the charging station, scan the QR code displayed on the charging station and select the method of payment in the app.

3.4.   To use the battery bank, you will have to pay a deposit amount of 25 euros, which will be debited through the chosen payment method. If the guarantee fee of 25 euros cannot be debited, it is not possible to remove the battery bank from the charging station. Upon return of the battery bank to the charging station, the amount of the deposit shall be released and the guarantee fee of 25 euros shall be credited to the same account from which the transaction was originally made, except in the cases provided for in clauses 3.9 and 3.10 and 4.5. The fee for the use of the battery bank is debited via the selected payment method to the extent of the amount displayed in the application (according to the price list valid for the life of the battery bank).

3.5.   When taking a battery bank from a charging station, you immediately undertake to visually check that the battery bank is without external defects (including the wires necessary for charging the device integrated into the battery bank are visually operable), not hot, broken, with cracks, etc. If any problems occur, the Chragenet customer support must be immediately notified and battery bank returned to the charging station. In case of later complaints, it is assumed that there were no problems (defects) when the battery bank was deactivated.

3.6.   When taking a battery bank from a charging station, you undertake to check in advance whether the battery bank is suitable for charging your device. A battery bank may not be used to charge a device if it has defects externally, is hot or any other circumstance arises from the surface of which there may be suspicion that the purposeful use of the battery bank is hindered.

3.7.   It shall be prohibited to take possession of the charging station and use force in any way with respect to the charging station to remove the battery bank from the charging station and/or return it to the charging station. Instructions for the safe and proper removal and return of the battery bank to the charging station are displayed in the app.

3.8.   By unlocking (activating) the battery bank, you agree that:

3.8.1. you are fully responsible for maintaining the battery bank’s status during the use period and returning the battery bank to the condition in which it was at the start of use. You do not have the right to disassemble, modify, repair, break or breach the battery bank in any way;

3.8.2. you are required to return the battery bank to the Chargenet charging station, free location (addresses and accessibility times of the charging stations are displayed in the app). The battery bank does not have to be returned to the same charging station from which the battery bank is activated (taken), but it is not possible to return the battery bank to charging stations outside Chargenet, i.e. charging stations that are not displayed by the application.

3.9.   If the user has not returned the battery bank within 72 hours of unlocking the battery bank through the account, it will be considered lost or stolen and you will have to pay a contractual penalty of €25 to compensate the battery bank. The penalty is non-refundable, even if the battery bank is returned to the charging station after 72h. The contractual penalty does not include the charge for 72 h and Chargnet does not commit to return it (including if the battery bank is returned to the charging station).

3.10.       In the case referred to in point 3.9, the amount of the security referred to in point 3.4 shall not be refunded at EUR 25 (whether or not the battery bank is returned to the charging station after 72 h) and Chargenet shall have the right to retain the amount of the security to cover the contractual penalty (to set off). Chargene does not need to notify separately of the application or set-off of a contractual penalty claim, the contractual penalty and set-off shall be applied after 72 hours (as of activation of the battery bank charging station), automatically if the battery bank has not been returned to the charging station.

4.       PAYMENT TERMS

4.1.   You can pay for the services using the selected payment method, which must be activated in the app. You grant us permission to use your chosen payment method associated with your account to debit all fees and other amounts paid under the contract. These charges may be subject to taxes calculated and collected by Chargenet.

4.2.   When paying with a credit or debit card, Chargenet may charge a service fee for each payment made, which is added to each order of the service. The service fee is to pay Visa/Mastercard service fees. The amount of the service fee is displayed in the app. Your bank may charge additional fees for using a credit or debit card that are not displayed in the app.

4.3.   Bank card transactions are approved by the bank. If the bank has reason to believe that the transaction is a fraud, the bank has the right to refuse to process the transaction.

4.4.   The amount of the user fee is not affected by the fact that the user does not use the battery bank during the rental period, unless the non-use of the battery bank is due to a technical failure of the battery bank that is not under your control. In such a case, the Chargenet customer support must be immediately informed of the failure.

4.5.   The fee payable for the rental of a battery bank shall be debited via the selected payment method to the extent of the amount displayed in the application. If the chosen payment method does not have sufficient means to pay the fee or if the debit of the fee (use of the chosen payment method) is unsuccessful for another reason, Chargenet shall have the right to withhold the fee from the amount of security to be returned. In this case, you will be credited with the amount of the guarantee only to the extent that the amount of the guarantee exceeded the amount of the charge to be debited.

4.6.   You are aware and agree that Chargene does not account for interest on the amount of the deposit and in no case is the deposit subject to refund (credit) to the extent that it was debited.

5.       LIABILITY

5.1.   The User shall assume full material liability in the event that the User fails to comply with the obligation set out in Section 2.1 to notify the change in the telephone number or losing possession of your Facebook account, Google account or Apple ID. At the same time, you are obliged to pay and compensate for all expenses and fees incurred by a third party from the use of the service. A battery bank activated through a user account in an application is deemed to have been deployed by the user account holder, even if the phone number associated with the user account no longer belongs to the user account holder within the meaning of the contract with the communications company, or the user’s Facebook account, Google account or Apple ID has been hijacked and is not actually held by the user/authority.

5.2.   You confirm and agree that:

5.2.1.      the Services and the Battery Bank are used in your personal responsibility and Chargenet is not liable for any damages caused to you or to third parties in connection with the use of the Services, whether or not they could be foreseen;

5.2.2. the payment instruments used to carry out the payments belong to you. If you have used payment instruments belonging to a third party for the purpose of making payments, you confirm that you have the consent of the third party and are fully liable for the consequences (including claims) arising therefrom;

5.2.3.      a Battery Bank is a device that may have technical failures, even when properly maintained, and may cause damage to your device as a result of these failures;

5.2.4. if your use of the Services causes damage to another person, you are liable for any claims made by you, whether or not their occurrence could be foreseen. If, due to your actions, we are obliged to pay the claims of third parties, you are solely liable to us and agree to reimburse us for any expenses incurred;

5.2.5.      if the battery bank is returned in a condition that does not correspond to the wear and tear arising from normal use, is damaged, damaged or the like, the charging station does not allow the battery bank to be returned and this results in a situation where the battery bank cannot be returned within 72 h from the activation of the battery bank and thereby Chargenet has the right to demand a contractual penalty of 25 euros (i.e. paragraphs 3.9 and 3.10 apply);

5.2.6.      services are provided in their existing form and as far as possible. We do not confirm or ensure that the Services, the Charging Station and/or the Battery Bank are in good condition or in a sound condition, nor that there are any delays, deficiencies, failures or inaccuracies in connection with the Services, the Charging Station and/or the Battery Bank;

5.2.7.      it is prohibited to install any stickers or add entries on the battery bank and Chargenet has the right to claim a contractual penalty of 25 euros in case of violation of this prohibition. In that case, paragraph 3.10 shall apply and Chargenet shall have the right to deduct the contractual penalty from the amount of the security.

5.3.   If Chargenet violates any of the terms and conditions of the contract, our liability in the event of violation of the term shall be limited to the extent permitted by law:

5.3.1.      in the case of things, only by replacing them or supplying an equivalent thing, repairing the thing, compensating for expenses incurred for replacing the thing or buying an equivalent thing or compensating for expenses incurred for repairing the thing; or

5.3.2.      in the case of services, only by re-providing services or by reimbursing costs incurred for re-providing services;

5.4.   In any event, in respect of any claims arising out of the contract, including claims arising out of non-contractual obligations or other grounds, Chargenet’s total liability shall be limited to an amount not exceeding EUR 25 or an amount paid to us for the period of use of the battery bank during which the event or accident underlying the claim/claim occurred, whichever is the lower.

5.5.   Neither of the Contracting Parties shall be liable for damages or delays or failure to fulfil an obligation if caused by a force majeure event, including fire, war, terrorism, civil unrest, failure or disruption of utility or communication services, a large-scale cyberattack at the time when the force majeure occurred

6.       DISCLOSURE AND FINAL PROVISIONS

6.1.   If you have any complaints about the operation of the service, battery bank, charging station or application, it is reasonable and possible for the user to contact Chargenet first, describing the situation and sending an email to the helpdesk address. In the case of claims which may also lead to financial claims, the notification shall be made without delay.

6.2.   If, in the opinion of Chargenet, the complaint or claim is not justified, the user has the right to use the complaint to the Consumer Protection Board of the Republic of Estonia or to any other extrajudicial conciliation body.

6.3.   If disputes cannot be resolved by negotiation, they shall be adjudicated by the courts of the Republic of Estonia in accordance with the legal provisions in force in the Republic of Estonia. Jurisdiction shall be determined by the registered office of Chargenet at the time of filing the claim.

6.4.   Chargenet has the right to unilaterally change the terms of use, add, modify, restrict, extend the functionality of the application, as well as unilaterally change the payment procedure and prices at any time without prior notice to the user.

6.5.   When making changes to the current version of the Terms of Use, the date of the last update shall be indicated.

6.6.   The new version of the Terms of Use takes effect from the moment it is posted in the application.

6.7.   The User is obliged to examine the current version of the Terms of Use every time before using the Services. The use of the application and services after the new version of the Terms of Use enters into force is subject to your acceptance of the new version, and the provisions of the new version are fully applicable to the user.

ANNEX 1 PRIVACY POLICY

1.              GENERAL CONDITIONS

1.1.          The application is a digital application called ChargeNet (hereinafter “App”) through which Chargenet offers its users a battery bank rental service (see Terms of Use). This Privacy Policy regulates the collection, storage and use of personal data collected, stored and used in the App.

1.2.          The developer and owner of the application is Shenzhen D-Tool Technology Co., Ltd. (hereinafter also the data importer), registered in the People’s Republic of China, which has access to the data collected through the application and is therefore the controller of the data collected in the App. The user and controller of the application in Estonia is Chargenet OÜ, registry code 16862057, registered office Maakri tn 36-55, Republic of Estonia. Personal data shall be transferred to the owner of the application outside the European Union and the European Economic Area on the basis of Implementing Decision 2021/914 of the European Commission of 04.06.2021 and following the data protection measures concluded between the parties. General terms and conditions of data protection measures are available at Chargenet OÜ by contacting customer support at the e-mail address info@chargenet.ee.

1.3.          The purpose of processing personal data is to apply the battery bank rental service to customers (including getting fee for it), to communicate with customers, to maintain customer relations, to implement, develop and monitor customer service, and to implement communication and marketing, etc. Personal data is processed for reporting purposes and for the development of a company. The User confirms that he/she is aware that the controllers process personal data for the authentication of the User, for the provision of the charging service (battery bank rental service) and for the service of the User in the application, ensuring the fulfilment of mutual obligations and the protection of other legal interests in accordance with the requirements of the legal provisions on data processing and protection.

1.4.          The processing of personal data is based on the implementation of a contract between Chargenet and the user and partly on the consent given by the user (e.g. for marketing purposes).

1.5.          When creating and using a user account and accessing the application, you confirm that you have read and understood this privacy policy and consent to it (including the transfer of personal data to the co-controller outside the European Union and the European Economic Area). For questions (including what personal data are processed, for what purpose and by whom, in terms of liability division, etc.), it is possible to contact Chargenet customer support.

2.       PERSONAL INFORMATION

2.1.          When you visit the app, we automatically collect information about your device about your web browser, IP address, time zone, geo-location, and certain cookies on your device.

2.2.          When browsing the app, we collect information about which websites or search units directed you to the app and how you interact with the app.

2.3.          We collect information about your device using the “cookies” data file and “log files” that collect data, including IP address, browser type, Internet service provider, referencing/exit pages, and date/time stamps.

2.4.          When you interact with any Service Provider page or account on a social media platform, such as Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, or Pinterest, we may collect the personal information that you make available to us on that page or account including your account ID or “handle.” However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such personal information that we are permitted to collect by these social media platforms.  If you publish your social media profile on our Service, we may collect personal information that you make available as part of that profile.

• For the provision of services, we collect the information you provide to register your user account (name, email address, phone number, etc.), transactions between you and the controller (including order information) and any other information you wish to send to us (both via the app and off-app).
  • We use information:
    • location data is collected only when the application is activated, location data collection stops when the application is closed;
    • we can use location information to identify nearby devices;
    • we use user contact information to inform you about updates to the app;
    • customer support service data is collected on a case-by-case basis and stored to resolve disputes and service quality issues;
    •  to contact you and respond to your queries;
    • to verify information about possible fraud or other irregularities;
    •  to provide information or advertising related to our products or services according to your preferences.
  • We use the information we collect to help us prevent potential risks and fraud attempts (particularly your IP address) and generally improve and optimize our app (e.g. by generating analytics on how our customers browse and interact with the app to measure the success of our marketing and advertising campaigns, provide the best possible visual and technical experience for your particular device model, screen size and web browser).

3.       POLICY OF COOKIES

3.1.   Session cookies allow us to track your activity during one browsing session, but do not stay on your device later. Persistent cookies stay between sessions on your device. We use them to authenticate you and remember your preferences. We also use third-party cookies to ensure the safe and convenient operation of the application and to create internal statistics (including to analyse visitor-user interactions).

3.2.   We use your personal data to provide you with targeted advertising or custom marketing offers that we believe may be of interest to you.

3.3.   We may partner with third party advertising companies to better provide advertisements about our goods and services that may be of interest to you. These third-party advertisers may use cookies alone or in combination with web beacons or other tracking technologies to collect information about you when using apps. They may collect information about your online activities over time and through various applications and other online services. They may use this information to provide you with interest-based advertising or other targeted content. They may use permanent identifiers to anonymously monitor your internet usage on their networks outside of these applications. Third parties with sufficient data from other sources may be able to identify you personally, without our knowledge.

3.4.   Third-party ad serving companies and other unaffiliated advertisers also display advertisements on our Apps. As part of their service, they may place a separate cookie on your computer or utilize other data collection and tracking technologies, to collect information such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and whether you responded to a particular advertisement. We may allow third party companies to place cookies to serve ads on the Apps. We do not control these third parties’ tracking technologies, how they may be used, or the information they may collect and we are not responsible for the privacy policies or the content of those third parties. Please visit the sites of those businesses at the links above to review their privacy policies. We may add or change the list of third-party ad servers from time to time and we encourage you to check this section for changes.

3.5.   We do not change our data collection and usage practices in the App section even if we see a “no trace” signal from the browser.

3.6.   We use Google Analytics and Facebook Pixel to help us understand how our customers use the app.

3.7.   We may share your personal data in order to comply with applicable laws and regulations, to respond to a lawful request for information from an authority in compliance with the law, or to otherwise protect our rights.

4.       RIGHTS AND STORAGE OF DATA OF THE USER

4.1.   If you are a resident of Europe, you have the right to access the personal data we hold and to ask us to correct, update or delete your personal data. If you wish to exercise this right, please contact us by email at info@chargenet.ee. The same rights apply to the data importer by contacting the data importer by e-mail at info@chargenet.ee. The data importer is required to deal with the corresponding request no later than 1 month after the receipt of the request or request. You have the right to receive information in an understandable and easily accessible form and in clear and simple wording.

4.2.   Your personal data will be stored in data centres located in the territory of the People’s Republic of China.

4.3.   Data collected for accounting purposes shall be stored for 7 (seven) years after the last service. In the case of suspicion of a criminal offence, attempted fraud or false information, the data shall be stored for 10 (ten) years. In the case of a dispute, the data shall be preserved until the resolution of the dispute or expiry of the claim for dispute pursuant to the legislation of the Republic of Estonia.

4.4.   Deleting the app from your device does not result in erasing your personal data.

5.       FINAL PROVISIONS

5.1.   Our privacy policy does not apply to other websites to which you may link from our app.

5.2.   We may update this Privacy Policy from time to time for legal or regulatory reasons.

5.3.   If you have any questions or would like to make a complaint, please contact us at info@chargenet.ee.

5.4.   The supervisory authority of the Republic of Estonia is the Data Protection Inspectorate (www.aki.ee) who can be contacted by e-mail at info@aki.ee .