GENERAL TERMS AND CONDITIONS Go-Charge.io
E-mail: dennis@go-charge.io
Website: https://www.go-charge.io

Definitions

1. Go-Charge.io: Journeyz b.v., established in Amersfoort, Chamber of Commerce no. 80929958.
2. Customer: the party which Go-Charge.io has entered into an agreement with.
3. Parties: Go-Charge.io and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all deliveries of services or products by or on behalf of Go-Charge.io.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices shown by Go-Charge.io are in euros, are inclusive of VAT and will show in the “all-in” tab all extra costs regarding charging your electric vehicle.
2. All prices shown in the Go-Charge app are indicative and should always be checked by the app user before using a charge card.
3. Go-Charge.io shows prices based on "best efford" and is not responsible for any deviating charging costs based on choices its users make on the base on shown MSP/CPO charging prices in the Go-Charge app.
4. Go-Charge.io offers services for free in exchange for showing adds or upselling to a different version of the app (freemium).

Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement
The customer waives his right to settle any debt to Go-Charge.io with any claim on Go-Charge.io.

Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Go-Charge.io, not obligations of results.

Performance of the agreement

1. Go-Charge.io executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Go-Charge.io has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place when the user starts using the Go-Charge app.

Duty to inform by the customer

1. The customer shall make available to Go-Charge.io all information (charging location, charge cards or issues with the app) to help Go-Charge to further improve the app. Go-Charge will provide means to do so within the feedback functions of the Go-charge app.
2. The customer guarantees the correctness, completeness and reliability of the information, data made available, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, Go-Charge.io will return the relevant documents and or remove user data from its database.

Intellectual property

1. Go-Charge.io retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all in app features and shown information.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from Go-Charge.io, nor show them to third parties and / or make them available or use them in any other way.

Confidentiality

1. The client keeps any information he receives (in whatever form) from Go-Charge.io confidential.
2. The same applies to all other information concerning Go-Charge.io of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Go-Charge.io.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:
   • which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
   • which is made public by the customer due to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

Penalties

1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Go-Charge.io an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Go-Charge.io including its right to claim compensation in addition to the fine. Indemnity
4. The customer indemnifies Go-Charge.io against all third-party claims that are related to the products and/or services supplied by Go-Charge.io.

Complaints

1. The customer must examine a price indication provided by Go-Charge.io before taking action on such indication.
2. If a price indication does not comply with what the customer could reasonably expect, the customer should take all effort to inform Go-Charge.io of this as soon as possible, by using the feedback for provided in the go-Charge app.
3. The customer gives a detailed description as possible about location, missing or incorrect price indications, so that Go-Charge.io is able to respond and resolve adequately.

Giving notice

1. The user can leave or stop using the Go-charge app at any time.<./li>
2. If the user wishes for their data to be removed, please notify dennis@go-charge.io. Go-Charge then has the right to remove all customer related data within one month after receiving and confirming the receival of the removal request.

Liability of Go-Charge.io

1. Go-Charge.io is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Go-Charge.io is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Go-Charge.io is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Go-Charge.io is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period
Every right of the customer to compensation from Go-Charge.io shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Go-Charge.io imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Go-Charge.io is not permanent or temporarily impossible, dissolution can only take place after Go-Charge.io is in default.
3. Go-Charge.io has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Go-Charge.io good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Go-Charge.io in the fulfillment of any obligation to the customer cannot be attributed to Go-Charge.io in any situation independent of the will of Go-Charge.io, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Go-Charge.io.
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Go-Charge.io cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Go-Charge.io can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Go-Charge.io does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation. Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

1. Go-Charge.io is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Go-Charge.io with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Go-Charge.io to third parties without the prior written consent of Go-Charge.io.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. Consequences of nullity or annullability.
3. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
4. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Go-Charge.io had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Go-Charge.io is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

  Drawn up on 12 februari 2023.