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Terms of use

 

These Terms of use are intended for us to explain our rights and obligations regarding our services. Please read them carefully.

 

On Charge provides you with services that enable you to rent batteries in selected area in Switzerland such as restaurants, bars etc. These locations are defined as Partners and they are the only locations where you can find and use our services. The present Terms of use govern your account and your use of the services.

 

By navigating through our services or by using your account, you conclude an agreement with On Charge and you are therefore legally attached to these Terms of use as well as applicable laws and regulations.

 

If you don’t agree with these Terms of use or the Privacy policy, please do not create an account or use the services.

 

If have questions regarding the informations below, please write at our e-mail wrote down at the end of this page.

 

  1. General Conditions of use of On Charge services

When you create an account or use payment services you have to accept our Terms of use before being able to continue. By continuing and by opening your account or by using our services you acknowledge that you are providing your agreement to reach an agreement with On Charge and to be bound by the obligations guaranteed in this agreement, including the Privacy policy which govern your use of your account and services. They apply to your use of the services for each transaction.

 

Your use of the services is conditioned by your constant accordance to accept, respect and being bound by this General conditions of use.

 

This agreement is only between you and On Charge . The different locations defined as Partners that provide the services don’t go into account in this agreement nor the payment providers.

 

As used herein, the following terms have the definitions set forth below :

  • App – The App On Charge that allows you to rent batteries.
  • Account – The account that allows you to get access to the App
  • General conditions of use – These General conditions of use, including the Privacy policy that are agreed by you when you open an account or use our services govern your use of the App.
  • Transaction Entity – The payment processor that helps process transactions.
  • Station – The stations found at our Parteners (i.e locations).
  • Payment Method – The accepted payment methods are : Mastercard, Visa credits cards as well as the Apple pay, Twint and Google Pay payment applications.
  • Intellectual property – Trademarks, inventions, techniques, methods, works of authors, know-how, advertising rights, trade secrets, property rights and all other related intellectual property right.
  • Services – Our App, Website, API, main system, products, services, content, features, functions, applications, current IVR system as well as any future updates, modifications or addition to them.
  • Website – The Website operated by On Charge to offer the Services and other related informations : https://www.oncharge.ch
  • Transactions – Details associated with any recharging session or other payment made using the services.
  • Utilization – Use of our services in any way, including : the App, the Website and contacting our e-mail support.

 

  1. Account Information

You can create an account by downloading the App on the App Store or Google Play or via our Website : https://www.oncharge.ch

You agree to provide us with valid registration information, including, without limitation, your real contact details. The contact details include a valid phone number (from Switzerland or France) and e-mail. A valid Payment Method can be put afterwards but is required if you want to use our services.

You may not impersonate or misrepresent your identity to us.

 

It is your responsibility to review and adjust the information in your account so that it is accurate and up to date at all times. You further agree to comply with any local legal restrictions that may apply to your registrations for our services. Your account will be valid until you cancel it or it is closed by On Charge in accordance with these Terms of use, for example if your account contains false information.

 

You are solely responsible for the use of your account and you agree to inform us immediately in the event of unauthorized use.

 

  1. License and access to services

On charge grants you a limited, non-transferable, non-exclusive and revocable license to access the services and make personal use of the services.

 

This license does not allow : resale or commercial use of On Charge services ; the collection and use of any information, description or price ; the use of derivatives of the Website or its content ; downloading or copying information about your account for the benefit of others or data mining by robots or other data collection and extracting tools.

 

All material and information relating to On Charge may not be reproduced, duplicated, copied, sold, resold, visited or used for commercial purposes without the written authorization by On Charge. Any unauthorized use will terminate the authorization or license granted to you by On Charge.

 

You acknowledge and agree that the license to use the services is subject to the following restrictions :

  • You must not share, assign, copy (except as expressly stated herein), sub-license, transfer, rent, sell, distribute or otherwise provide to any third party (i) your license, (ii) the App ; any use of the services; or (iv) your rights under these Terms of use.
  • You must not (i) modify, adapt, translate, copy, duplicate, disassemble, decompile, recompile or reverse engineer, or take similar action with regard to the App to the services or any components, (ii) attempt to discover the source code or the underlying algorithms of the App or services (unless the application of this restriction is prohibited by applicable law and only to the extent expressly permitted by applicable law) without having sent us a written notice giving us the opportunity to respond.
  • You must not perform any analysis of use, evaluation or display of our services or create derivatives products based on the App or the services. You must not perform competitive or benchmarking analysis.
  • You may not allow any party, acting directly or on your behalf, to infringe any of these restrictions.

 

  1. Use of your account

Objectif

You can use your account to rent a battery in any of our locations defined as Partners. You can access your account balance that is to say precisely the time you have in "My time" and have an overview of recent uses of the service in itself in the Rental history section of the App which includes : the date, the duration of use and the location. The first two minutes of utilization are not charged in case of technical issues.

 

Use of your account, e-mail and mobile phone

During the process of creating your account you will be invited to put a valid telephone number and you will be provided with a verification code in order to login. Your account and telephone number are under your sole responsibility.

 

You will also provide us with your e-mail in order to receive receipts each time you add time in « My time ». Because when using the service for the first time, you will also be asked for a payment method, that is to say a valid bank card to be able to add time in « My time ». On charge will store this time data and will give you the possibility to use it regardless of the Partners from whom you wish to use the service. After you have validated the purchase of time in « My time », you expressly agree without any reservation to pay with this bank card in distance selling mode, for each purchase made using the On Charge service. In this regard, you agree :

  • Not to make your phone number and therefore your account available to anyone.
  • Use your account and phone number as directed by On Charge only.
  • To inform us promptly of any unauthorized use of your account.
  • To be responsible for transactions made by someone you allow or authorize to you use your account
  • If you authorize someone else to use your account, On Charge and the Partners, by authorizing that person to use your account, will hold you responsible for any transactions initiated by that person with your account.

 


 

  1. Prices, payments and refunds

Pricing

You accept that the cost of the transaction for adding time in « My time » is confirmed before you make your payment and are charged to your account. You authorize us to initiate these charges to the payment method chosen on the account, if applicable. You are subject to the terms, conditions, restrictions and other applicable terms of each payment provider related to the payment method you have chosen and we are not responsible for transaction fees, insufficient fund fees or any other fees or charges assessed by payment providers as part of your transactions.

 

You acknowledge that you alone are responsible for all costs associated with the use of the device you use to access our services. This includes, but is not limited to, data usage, texting, excess data usage charges, per minute charges, roaming, and other telecommunications or access charges.

 

You are solely responsible for all penalties associated with your transactions, especially in the event of loss or forgetting of a portable charger. A portable charger in your possession for more than 20 hours is considered forgotten or lost regardless of the situation. This limit of 20 hours compensates for the loss of the battery. If you agree to take the battery back to the nearest On Charge station, the total of this usage will be reduced to 10 hours. It is your responsibility not to exceed this period of use of 20 hours. For any questions or complaints, you can contact our support listed at the end of this page.

 

Payment

You agree to pay the costs for adding time to « My time » and any other fees or charges relating to the transactions. Payments must be made in the currency of the country where the transaction is made. Each time you use your account to pay for a transaction, the amount of the transaction, including applicable taxes and service charges will be charged to the payment method selected for your account. As said before, we will notify you by e-mail of the amount charged for each transaction. You authorize On Charge to invoice the selected payment method for the transaction amount for each transaction for which the service is used.

 

Refunds

We strive to provide a high level of service at all times. If you suspect that there has been a billing or accounting error, please contact the e-mail support listed at the end of this page. Our customer service will undertake to do what is necessary if such a situation arises. If you are entitled for a refund for any reason related to the services or your account, you consent to accept a credit to the selected payment method on the account in lieu of cash. On Charge does not offer cash reimbursement.

 

If you have any questions about a refund or other similar issue, please contact the appropriate e-mail support listed at the end of this page.

 


 

  1. Verification of transactions

You agree that we may periodically provide you with a statement or other notice relating to our services in electronic form through your account or on your e-mail.

 

The details of your transactions, that is to say adding time to « My time », will be available to you by e-mail as mentioned previously. Furthermore, as mentioned previously overview of recent uses of the service in itself which includes : the date, the duration of use and the location will be visible in the Rental history section of the App. You can view your rental history in the App at any time. The possible review period is currently set to one year.

 

  1. Failing of the execution of the transactions

You agree that the use of our service is only guaranteed with a time contained in « My time » greater than 0 hours. Otherwise, no rental is possible. Moreover, you have the responsibility for the management of your usage time of our service. It is still possible to exceed the time you have available in “My time” however you agree firstly to pay the necessary amount to have a time contained in « My time » greater than 0 hours before your next use of our service and secondarily as mentioned previously if a battery is in your possession for more than 20 hours, it will be considered forgotten or lost. However, you always have the option of returning it to the nearest On Charge station. For more details, please see article 5 hereof.

 

If a transaction cannot be processed by our payment processors, neither On Charge nor Partner locations will take responsibility to execute or complete this transaction.

 

Neither On Charge nor any of the Partner location will be responsible for your failure to accept or redeem your account.

 

  1. On Charge is a mobile payment service company

On Charge App provides a service that allows you to rent a battery at our Partner locations.

 

The battery stations are present in addresses with which On Charge has contractual relations, but On Charge is not responsible for the actions or gestures of managers and customers. The only role of On Charge is to ensure the quality of its service and be reactive in case of issues related to the batteries or the station.

 

All the schedules of the addresses are not to the responsibility of On Charge in particular in the event of forgetting to return the battery at the appropriate time. A battery that is held for more than 20 hours is considered forgotten or lost regardless of the situation as previously said. For more details, please see article 5 hereof.

 

Furthermore, it is important to note that the use of our batteries is governed by the rental period and not by the recharge period.  When you rent a battery, the timer is activated whether or not the battery is used. Therefore, it is your responsibility to return the battery when you no longer want to use it by placing it in an empty space of the station to be able to stop the rental.


 

  1. Disclaimer of service level guarantees

Note that our service is presently only available in Switzerland moreover it can be feasible that it does not operate permanently. Albeit we strive ourselves to provide the best possible service there are limits to technologies that can bring about disruption of the service.

 

Please note that we imply no guarantees as to the level of service regarding our service.

 

Unless the law provides otherwise, you waive and release On Charge from any obligations that may arise as a result of any defenses, rights and claims that you have or may have against a third party as a result of the use of your account.

 

  1. Guarantees, indemnifications and limits of liability

Guarantees disclaimer

You acknowledge that the service liable to this agreement is provided “as is” and “as available”. On Charge makes no express or implied representations or guarantees as to the operation of the service or the information, content, materials or products included on our Website or App. You expressly agree that your use of the App, service and website is at your own risk.

 

You also acknowledge and agree that any data, content or information downloaded or obtained through your use of the App or the service, including viruses, is obtained at your own discretion and risk and that you alone are responsible for any damage to your computer, device or system or loss of data resulting from downloading the App or using the service.

 

The App’s “Geolocated” location service is provided for reference only. You can always verify the localization on local directories or other references before going to a place and finalize a transaction. On Charge grants no responsibility for validated charging sessions that are perturbed in their duration due to inexact information on the localization.

 

On Charge does not own, maintain or operate any of the locations where its service is present. Consequently, On Charge puts no guarantee and has nothing to do with the working of these places. On Charge will not be responsible for any damage of any kind resulting from or linked to a place’s service or management including and with no limitations direct damage, indirect, accidental, punitive and consecutive ensuing from damage to your device or the loss of items left in the place or any personal injury in all circumstances.

 


 

Allowance

You agree to indemnify, defend and hold On Charge harmless from any and all claims, demands, cause of action, debt, liability, damages, costs or expenses including On Charge’s select attorney’s reasonable fees arising out of any claim by third party against On Charge regarding (i) your violation of the law, (ii) your violation of any intellectual property or similar intellectual property rights of any person or entity; (iii) any non-compliance or violation of your license granted herein; (iv) your improper or illegal use of the App or the services; (v) any act or omission or willful misconduct on your part relating to the service; (vi) any breach of any of your representations , warranties or commitments arising hereunder; and (vii) any failure on your part to comply with these General Conditions.

 

Limitation of liability

By using the app or the service, you release, assign and discharge forever and waive all claims you may have against On Charge, now or in the future, regarding or relating to your use of the App or the service. You waive and release On Charge from all claims and defenses arising from any act, event or omission. This includes, but is not limited to, any claim that may be made now or in the future under (i) civil law; (ii) any On Charge policy, practice or procedure; and / or (iii) any federal and / or national law or regulation.

 

To the fullest extent permitted by applicable law, On Charge disclaims all guarantees, express or implied, including but not limited to, implied guarantees of merchantability and adequate for a particular purpose. On Charge does not guarantee that our Website, its servers or e-mails sent from On Charge are free from viruses or other harmful components. On Charge will not be responsible for damage of any kind arising from the use of our service, including, but not limited to, direct, indirect, incidental, punitive and consequential damage. Moreover, in the event of a power cut resulting in an inability to terminate use of the service;  you agree that no action against us will be possible as the power failure is not our responsibility.

In addition, you accept the financial risk that may be involved in using our service. You are solely responsible for the financial management of your account using our service and therefore accept the risk of business failure.

 

Some jurisdictions do not allow limitations on implied guarantees or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply and you may have additional rights.

 

  1. Loss, theft or unauthorized use

You are responsible for all authorized uses of your account. If the credit card has been declared lost with its issuing bank, the applicable laws may protect you from purchases made by fraudulent use of your card, you understand that your account is not a credit account and is therefore not protected by laws governing credit accounts.

 

You are required to notify us immediately if you believe your account has been used by an unauthorized person. Contacting our e-mail support is the best way to reduce your loss as much as possible. If you believe your device has been stolen, or someone has billed the account without your authorization, contact us at our e-mail support listed at the end of this page. If you do not notify us promptly and are grossly or fraudulently negligent in handling your account, you may encourage additional charges. If your device or payment method is lost, stolen or tampered, please let us know as soon as possible so that we can close the account to reduce our respective losses.

 

  1. Notice containing information about your right to challenge errors

If there are any errors or questions regarding any transaction on your account, contact us at our e-mail support listed at the end of this page as soon as you can, including if you believe the statement or receipt is wrong or if you need more information about a transaction. Disputes involving managers will be resolved in accordance with their own procedures.

 

For disputes involving On Charge, you must give us notice within a reasonable period of time but not later than 30 days after the transaction in question has been made available to you on the online statement or in your account.

 

The following information must be included in such a notice :

  • Your name and phone number used for the account
  • Description of the error or transaction you have questions about and as clear as possible an explanation of why you believe there is an error or why you need more information.
  • The amount in local currency of said error.

 

If you communicate your complaint or question to us verbally, we may ask you to send us your question or complaint written within 10 working days. Generally we will communicate the results of our investigation to you within 10 working days of receiving all necessary information and promptly correct any errors. However, if we need more time, we may take up to 45 calendar days to investigate your complaint or question.

 

If we determine that there was no error, we will send you a written explanation within three working days of completing our investigation. You can request copies of the documents we used in our investigation.

 

  1. Confidential dispute resolution and arbitration

Any dispute relating to the service offered by On Charge not resolved in accordance with Article 12 hereof must be submitted to confidential arbitration in the country of use. But, in so far as you have violated or threatened to violate On Charge in any way On Charge may seek injunctive measure or other appropriate measures in front of whatever court and you consent to the exclusive jurisdiction and locations of such courts. Arbitration hereunder shall be conducted in accordance with the rules in force in the country of use. The arbitration decision will be binding force and will be entered as a judgment in front of any competent court. To any extent permitted by law, no arbitration hereunder shall be joined to an arbitration involving any other party submitted to these present, whether by collective arbitration proceeding or otherwise.

 


 

  1. Data protection and disclosure of account information to third parties

On Charge processes your Personal Data as data controller within the meaning of the General Data Protection Regulation (GDPR) which entered into force on May 25, 2018 across the European Union (EU). Your data is processed in order to provide you with suitable convenient mobile payment services and to communicate with you.

 

In accordance with legal provisions, the processing of your data is based on acceptance of these Terms of use and your consent, and in some cases on the legitimate interest of On Charge. Find out more.

 

Your personal Data is intended, subject to applicable financial privacy laws or other laws or settlements, for the following persons :

  • In response to any summons to appear, allotment, judiciary or administrative order, or other legal process that we believe requires our cooperation.
  • In connection with the collection of debt or to report a loss.
  • In accordance with any agreement between us and any professional, regulatory or disciplinary body.
  • In relation to a sale or potential reorganization of the company.
  • To our carefully selected subcontractors and business partners who help us deliver our services (Partner network).
  • The payment processor that helps process transactions.

 

On Charge and subcontractors implement appropriate technical and organizational measures to guarantee the security and protection of your Personal Data.

 

If you create an On Charge account, we will keep your Personal Data for as long as you have that account. If you decide to close your account, we will mark your account as “closed”, and we will erase any Personal Data we can. We may however, need to keep a certain amount of Personal Data relating to you in our database for as long as necessary to comply with our legal obligations or a period of 7 years will apply, whichever is shorter.

 

In application of the GDPR, you benefit from :

  • The right to access your Personal Data and request its rectification.
  • The right to delete your Personal Data.
  • The right to communicate your instructions concerning the fate of your Personal Data after your death.
  • The right to request restriction of processing, under certain conditions.
  • The right to digital erasure, under certain conditions.
  • The right to the portability of your data, under certain conditions

 

You also have :

  • A right of opposition.
  • The right to withdraw your consent at any time

To exercise your rights, the user can address to the data protection officer (DPO).


  1. Credit or information requests

You authorize us when necessary to make credit, employment and investigation requests as we deem appropriate as part of the issuance and use of your account. We may provide information about your account or credit report to consumer reporting agencies and others who may receive such information so that we can provide our service to you.

 

  1. Working days and hours

Our working days are every day except Saturdays, Sundays and public holidays.

 

  1. Using cell phones while driving can be dangerous

Please note that using a cell phone or any other device while driving can be dangerous and we advise you not to use our service while using a vehicle. You agree to indemnify and hold On Charge harmless for any damage, loss or injury related to the use of our service or the account while using any type of vehicle.

 

  1. Cancellation of your account

You can choose to cancel this agreement by closing by contacting our e-mail support listed at the end of this page. Your termination of this agreement will not affect any of our rights or your obligations under this agreement prior to termination.

 

We may cancel or limit your right to use your account at any time in the following circumstances :

  • Reports of unauthorized or unusual credit card use associated with your account, including but not limited to, notice from the card issuing bank.
  • Unauthorized or unusual battery rental usage reports are associated with your accounts.
  • Your account has excessive levels of conflicts or chargebacks.
  • You violate these General conditions.
  • When the name of the holder on the payment card associated with the personal account does not match the name on the personal account.
  • We are unable to verify or authenticate the information you provide.
  • We believe that activity on your account represents a significant credit or fraud risk to us.

 

Our ability to suspend, limit or close your account does not limit or exclude other remedies we may have if you otherwise breach this agreement.

 

  1. Applicable law

By opening an account or using our service, you agree that the laws of the country of your residence will be applicable to these General conditions and any dispute that may arise between you and On Charge and its affiliates, as well as its successors and beneficiaries. You agree to submit to the non-exclusive jurisdiction of the Swiss courts with respect to any dispute arising under this agreement. On Charge is committed to making the best efforts to resolve any issues amicably.

 

  1. Intellectual property

All intellectual property related to the service is the exclusive property of On Charge and our affiliates of one or other representative (if applicable) as well as goodwill, derivatives, new versions, enhancements, updates, changes, etc. of our intellectual property, even if wholly or partially based on your ideas, comments, suggestions, questions, requests and the like.

 

Unless otherwise stated herein, On Charge does not grant you any express or implied property rights or any other intellectual property rights. And all these rights are retained by On Charge. You are responsible for all damages of any kind resulting from any violation by you of our intellectual property rights.

 

Any communication, including, without limitation, e-mails, photos, audio clips, videos, graphics and / or other material sent directly, or by carbon copy or otherwise from you to On Charge or any of our officers, employees, representatives, lawyers or agents and all messages on the Website and App will become the property of On Charge upon transmission. You grant us the perpetual and irrevocable right to use the content of such transmissions, including any identifying information contained therein, publicly or not, in any manner, free of charge.

 

On Charge and other brands listed on our Website are registered trademarks of On Charge. Other On Charge graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of On Charge or our affiliates. The trademarks, packaging and trade dress of On Charge may not be used in connection with any product or service that is not On Charge which in any way may cause confusion among customers, or in a way that disparages or discredits On Charge. All other trademarks not owned by On Charge or our affiliates that appear on our Website are the property of their respective owners, who may or may not be affiliated, connected or sponsored by On Charge or our affiliates.

 

  1. Miscellaneous

You may not transfer your rights under this agreement without the written consent of On Charge. We may transfer our rights under this agreement at any time.

 

Use of your account is subject to all applicable rules and laws of any payment processing center, clearinghouse, or other association involved in the transactions.

 

On Charge does not waive its rights by delaying or not exercising them at any time.

 

If any of term of this agreement is found to be illegal or unenforceable by a court, all other terms will still be in effect.

 

 

 

If we bring legal action against you for a breach of these Terms of use, you will have to pay attorney’s fees and other costs of such proceeding provided that your liability for charges and costs does not exceed the maximum allowed by the law.

 

When you download the App from your device, you may be subject to licenses and / or Terms of use established by that device, the OEM or the manufacturer for your general use of this device and applications downloaded from it. These General conditions are in addition to the condition of use of your device or the manufacturer as the case may be.

 

You acknowledge and agree that these Terms of use, the Privacy Policy and Legal Notice constitute our entire agreement regarding the subject matter hereof, and all agreements, understandings, previous representations and commitments concerning these matters, whether oral or written, are replaced and terminated in their entirety and no longer have any force or effect.

 

Certain pages of our Website include links to third party sites. These third-party sites are governed by their own Terms of use and privacy statements. We are not responsible for their operations, including but not limited to, their privacy practices. We suggest that you read the Terms of use and privacy statement of these third-party sites before providing any Personal Data to them.

 

We may at any time modify or revoke these Terms of use, the Privacy Policy and Legal Notice or any other part of the Services at any time. You will be notified of any changes as provided by applicable law prior to the effective date of such changes, including by e-mail or by posting any such update on our Website. All such modifications, updates, replacements, new versions or revisions are effective upon posting on our Website. You specifically agree to accept a notice of change sent to the last e-mail address you provided to us. However, if the change is made for security purposes, we may implement the change without notice. If you decide that you do not agree to the changes, we may cancel or suspend this agreement, or any features or services of the account. All references in these Terms of use to the Privacy Policy and Legal Notice, as well as any other matter of the services are references to the most recent, or otherwise modified version, updated, replaced or revised.

 

If at any time you wish to communicate with us to let us know your views on our services, privacy practices, or any request relating to your personal information, you may do so by contacting our e-mail support listed at the end of this page. 

 

© KJN Innovation. All rights reserved.
© KJN Innovation. All rights reserved.