GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS FOR KORTTELILATAUS OY’S ELECTRIC VEHICLE CHARGING SERVICE AND MOBILE APPLICATION

Last updated: 6.5.2022

These terms and conditions are available on the Korttelilataus mobile application and on Korttelilataus Oy’s website at: www.korttelilataus.fi/terms

GENERAL TERMS AND CONDITIONS FOR
KORTTELILATAUS OY’S ELECTRIC VEHICLE CHARGING SERVICE AND MOBILE APPLICATION
Last updated: 6.5.2022
These terms and conditions are available on the Korttelilataus mobile application and on Korttelilataus Oy’s website at: www.korttelilataus.fi/terms

1. Introduction

Korttelilataus Oy, Business-ID 3243559-4 (hereinafter “Korttelilataus”), is a Finnish provider of various electric vehicle charging solutions. The Charging Service offers an automated energy consumption metering and payment solution for the charging of Electric Vehicles. The Charging Service is offered through Charging Points owned by Korttelilataus and/or its Partners, as well as through privately owned charging stations for which Korttelilataus acts as the operator. The Charging Service can be used for home, shared and public charging of Electric Vehicles.

2. Definitions

In these General Terms and Conditions, the following words and expressions shall have the following meaning:

Access / Right to use means the right to use a Charging Point in Korttelilataus’ Charging Network. The Access is granted to a Public Charger, a Shared Charger or a Home Charger, or a combination of these, either by Korttelilataus or its Partner. Access always requires registration in the mobile application and the approval of these General Terms and Conditions.
Charging Point means a charging station where an Electric Vehicle can be charged. The Charging Point can be a Home Charger, Shared Charger or Public Charger.
Home Charger means to a Charging Point that is used in a home environment, such as in housing associations, and the Access to the Charging Point is restricted to a single Customer.
Shared Charger means a Charging Point used for private use but for which access is granted to multiple Customers by Korttelilataus or its Partner.
Public Charger means a Charging Point that is connected to the Charging Network and used in a public setting and is open to all Customers and Unregistered Users who have accepted these General Terms and Conditions.
Charging Network means all Charging Points of Korttelilataus, its Partners, Users or Customers that are connected to the Charging Service.
Charging Point Owner means the owner of a Charging Point, which besides Korttelilataus may also be a Partner or a Customer.
Charging Service refers to the Korttelilataus EV charging service of operating Charging Points within the Charging Network, which can be used by the Customers and the Unregistered Users.
Charging Session means a single charging session completed at a Charging Point.
Customer means a user who has registered for the Charging Service. A Customer can refer to both natural and legal persons.
Electric Vehicle or “EV” means a chargeable electric car.
Korttelilataus (“we”, “our”) provides EV charging solutions in Finland. The Korttelilataus Mobile App is used to enable Users to utilize our and our customers charging stations that are part of the Korttelilataus charging service.
Mobile App means the mobile application that is part of the Charging Service and used to enable Customers and Unregistered Users to utilize Charging Points belonging to the Charging Network.
Partner means legal person or legal persons, including but not limited to companies, municipalities, real estate owners, housing associations, landlords and employers, who offer(s) electric vehicle charging services through Korttelilataus’ Charging Service.
Privacy Policy means the privacy policy of Korttelilataus, which can be found at https://korttelilataus.fi/privacy-policy/. By using the Charging Service, the Customer or Unregistered User accepts the Privacy Policy.
RFID-tag means a device that functions as a user access tracking system that is used to start and stop the Charging Session and allocate the cost of charging to the Customer or Unregistered User, which can be used instead of the Mobile App. The RFID-tag has to be requested separately by the Customer from Korttelialataus and it may be charged at a separate cost.
Service Agreement means a separate agreement between Korttelilataus and its Partner. A Service Agreement may induce additional fees for the use of the Charging Services for Home Chargers and Shared Chargers.
Stripe means Stripe Payments Europe, a third-party provider used for payment transactions. The Customer or Unregistered User of the Charging Service also agrees to the Stripe End User Terms of Service, which are found at: https://stripe.com/sv-fi/legal/end-users
Transaction means a payment transaction completed after a Charging Session.
Unregistered User means a user who uses the Charging Service and Mobile App without registration. Unregistered Users can only charge their Electric Vehicles at Public Chargers.

3. Scope of application and other applicable terms

3.1. These general terms and conditions of service (“General Terms and Conditions”) shall apply to all use of the Charging Service provided by Korttelilataus, the use of the Mobile App as well as for the use of any related services provided by Korttelilataus. The Customer or Unregistered User may not use any Charging Point prior to approving these General Terms and Conditions. By downloading the Mobile App, the Customer or Unregistered User accepts these General Terms and Conditions.

3.2. The Privacy Policy of Korttelilataus applies to all data collected and processed by Korttelilataus when a Customer or Unregistered User uses the Charging Service. The Privacy Policy is available at https://korttelilataus.fi/privacy-policy/

3.3. Korttelilataus reserves the right to make changes to the General Terms and Conditions or its Privacy Policy. In case changes are made, Korttelilataus will make the new version of the General Terms and Conditions or Privacy Policy available on the Mobile App and on its website. Changes to the General Terms and Conditions or Privacy Policy will become effective after the Customer or Unregistered User has given its consent to them, however the Customer or Unregistered User may not continue using the Mobile App or the Charging Service before approving the changes.

3.4. By accepting these General Terms and Conditions and using the Charging Service, the Consumer and Unregistered User also accepts that the the terms of third-party payment provider Stripe applies to the use of the Charging Service. These terms can be found at www.stripe.com/fi/checkout/terms (Stripe Checkout User Terms of Service, Finland).

3.5. In addition to these General Terms and Conditions, the Finnish Consumer Protection Act (38/1978, as amended) apply to the Charging Service if the Customer or Unregistered User is a consumer.

4. Registration and use of the Mobile App

4.1. In order to use the Charging Service, the user is required to download the Mobile App from the App Store or Play Store.

4.2. Registration as a Customer is required in order for Korttelilataus or its Partner to provide the Charging Service for the Customer and to grant the Customer with Access to the Charing Point(s).

4.3. Only natural persons of the age eighteen (18) or older and with full legal competence or businesses and organisations with a valid Business ID may register as a Customer.

4.4. In order to create a user account, the Customer shall provide the following information at registration:

• Full legal name
• Date of birth (optional)
• Adress, city, postal code, and country
• Email address (also used as account name for login)
• Phone number

4.5. The Customer is required to submit fully correct information at registration. Korttelilataus withholds the right to refuse service to Customers who have registered with false, incorrect or incomplete information.

4.6. At registration the Customer shall set a strong password for the application login. The Customer is responsible for storing the password in a safe and secure manner to prevent its disclosure to unauthorised persons and any unauthorized use of the Mobile App.

4.7. The Customer or Unregistered User shall immediately inform
Korttelilataus of any suspected unauthorized use and of any suspicious account activity.

4.8. The Customer or Unregistered User is responsible for all costs incurred by downloading registering and using the Mobile App, including any use of mobile data.

4.9. The Customer may not transfer its user account to any third party or allow any other person to use its account without prior written permission of Korttelilataus.

4.10. An Unregistered User may use Public Chargers without registration, but the Mobile App shall nonetheless be downloaded in order to use the Charging Service. For the avoidance of doubt, these General Terms and Conditions also apply to the Charging Service for Unregistered Users.

4.11. Korttelilataus may from time to time, without incurring any liability, temporarily suspend or withdraw any of the functionality of the Mobile App for maintenance, technical, security or other reasons, or suspend or withdraw access to the Mobile App without notice. Korttelilataus further reserves the right to update the Mobile App from time to time without notice, in order to amend or update content, functionality and performance.

4.12. A Customer can terminate its user account directly via the Mobile App or by contacting Korttelilataus through contact information specified in section 10. A Customer or Unregistered User may stop using the Mobile App at any time by uninstalling it.

5. Use of the Charging Service

5.1. After successfully completing the registration and adding a valid payment method, the Customer may use Public Chargers from the Charger Network as well as such Home Chargers and Shared Chargers that the Customer has been granted Access to. An Unregistered User may use Public Chargers in accordance with the instructions provided in the Mobile App and these General Terms and Conditions.

5.2. The Customer or Unregistered User shall use the Charging Point in accordance with provided instructions and in a responsible manner and with reasonable care. Instructions on how to use the Charging Point are found on the website of Korttelilataus as well as at the Charging Point. The Customer or Unregistered User shall not connect any cable, adapter or other interface to a Charging Point which is not fit for purpose and/or compliant with all relevant laws, regulations and specifications.

5.3. The Customer or Unregistered User acknowledges and accepts that Korttelilataus will debit the applicable charging fee for the Charging Point in question, including any applicable service charges, applicable taxes, and possible payment transfer fees after the use of the Charging Service.

5.4. The Customer and Unregistered User shall adhere to any specific instructions or parking rules or restrictions that apply to the specific Charging Point and that have been given by the relevant authorities, municipality or owner of the property.

5.5. The Customer’s access to the Charging Service is valid until further notice or according to the terms in provided in a separate service agreement. The Customer may terminate a service agreement in accordance with the terms of the agreement. If the Customer is a consumer, the Customer may terminate the service agreement with a fourteen (14) day notice. Customers using Home or Shared Chargers shall terminate their contract by contacting Korttelilataus directly.

5.6. The right to use the Charging Service may not be transferred to any third party without prior written permission of Korttelilataus.

5.7. Information on the Charging Session and copies of purchase transactions are available in the Customer’s account, which can be accessed via the Mobile App. Information and charging history are retained for at least twelve (12) months or until the Customer terminates the account.

6. Prices of the Charging Services and payment methods

6.1. The registration and account maintenance in the Mobile App is free of charge.

6.2. The pricing of each Charging Session is determined based on the features and pricing model of the Charging Point that is used. The price for the Charging Session may be determined based on €/kWh, €/min, per minute or any combination of these. In addition, starting fees, transactions fees and overstay fees may be applicable.

6.3. Applicable VAT is added to the prices.

6.4. The pricing is set either by Korttelilataus, the Partner or the owner of the Charging Point depending on the type of the service model. The Customer and the Unregistered User is aware and acknowledges that there is not a standard price that is applicable for each Charging Point and that a different pricing may apply between a Customer and Unregistered User.

6.5. The cost of each Charging Session is billed according to the current pricing model and price for the specific Charging Point. The pricing is displayed in the Mobile App, and it is accepted by the Customer by starting the Charging Session.

6.6. In addition, different service model or subscription fees as well as other cost may apply if the Charging Service is provided through a Partner. These fees and costs shall, however, be approved and stated in a separate contract between Korttelilataus and the Partner and/or the Customer.

6.7. When a Customer wants to terminate a service agreement, all open fees and costs relating to use of the Charging Service shall be paid in full before the termination is finalized.

6.8. The use of the Charging Service requires the registration of a valid debit- or credit card as a payment method in the Mobile App. The payment card must be added and authorized before using a Charging Point. All payment transactions for either individual or grouped sessions (if e.g. invoicing takes place on a monthly basis) are completed automatically through the payment card information provided by the Customer or the Unregistered User.

6.9. Stripe is used as payment provider for payment transactions. Credit/debit card information and payments are stored both by Korttelilataus and Stripe.

6.10. It is the Customer’s and Unregistered User’s responsibility to ensure that the registered payment card is valid and has sufficient funds or credit to pay for the Charging Service. In case debiting is not possible or a payment is cancelled or withdrawn, Korttelilataus has the right to seek payment from the Customer or Unregistered User by other suitable means, e.g. by sending a separate invoice to the Customer or Unregistered User.

6.11. For any unpaid fees, Korttelilataus has the right to charge reasonable collection fees and other expenses, in addition to which Korttelilataus shall be entitled to interest for delayed payments in accordance with Article 4 of the Finnish Interest Act (633/1982).

6.12. Korttelilataus has the right to suspend or terminate the account of a Customer or right to refuse usage of an Unregistered User if payment terms are not met.

7. Responsibilities and liability of the Customer and Unregistered User

7.1. The Customer uses the Charging Service at its own responsibility. The Customer or Unregistered User is, for example, responsible for ensuring that the Electric Vehicle, the charging cable(s) and any other equipment used is approved for the use of charging and complies with current legislation and regulations.

7.2. When using the Charger, the Customer or Unregistered User must follow all instructions provided to the Customer or Unregistered User or which are available at the Charging Station as well as commonly known responsible charging practices that users of Electric Vehicles reasonably can be expected to be aware of.

7.3. The Customer or Unregistered User must immediately notify the Charging Point Owner of any damage caused or any defect or problems that the Customer detects.

7.4. The Customer or Unregistered User is liable for any damaged caused to Korttelilataus, a Partner or Charging Point Owner due to wrongful, improper or negligent use of the Charging Point or the Mobile App.

7.5. The Customer is responsible for any use of the Charging Point done by the Customer’s account through the Mobile App or a RFID-tag. The Customer shall immediately notify Korttelilataus if unauthorized persons have gained access to the Customer’s user account or RFID-tag or user account in the Mobile App.

7.6. In the case of misuse, unauthorized use or error in the Charging Service or payment, the Customer or Unregistered User shall notify of this in writing to Korttelilataus within thirty (30) days of when the transaction took place. The notification shall be sent to support@korttelilataus.fi and shall clearly indicate the
type of error. If these terms are not met, the Customer or Unregistered User will lose its right to correction or any reimbursements, unless otherwise provided for by mandatory legislation.

8. Responsibility and liability of Korttelilataus

8.1. Korttelilataus shall provide the Charging Service on the terms and conditions set out in these General Terms and Conditions. Korttelilataus shall do its best to ensure that the Charging Points are functioning properly, and that maintenance of the Charging Network takes place on a regular basis and causing as little inconvenience as possible for the Partners, Customers and Unregistered Users. Korttelilataus does, however, not give any guarantee as regards the functionality or the availability of the Charging Service.

8.2. Korttelilataus or its Partners are not liable for any direct or indirect damage caused to a Customer or Unregistered User for the use of the Charging Service, unless otherwise provided by mandatory law. Korttelilataus or its Partners are under no circumstances liable for any damage caused to the Customer or the Unregistered User or their Electric Vehicles, which is the result of a defect in or non-combability of the Electric Vehicle, or which is attributable to the Customer’s or Unregistered User’s own conduct or negligence.

8.3. Korttelilataus or its Partners are not liable for any direct or indirect damage caused to a Customer or Unregistered User for the unavailability of the Charging Service, unless otherwise provided by mandatory law. Korttelilataus or its Partners are under no circumstances liable for any damage caused to the Customer or the Unregistered User if the Charging Point is unavailable due to maintenance, physical or technical errors, power outages, technical problems in the data network or with third party communications, measures taken by the property owner at the property where the Charging Point is, downtime or technical errors of the Mobile App or the payment solution provided by Strike or any other third party.

8.4. The limitations of liability do not apply to damage caused intentionally or with gross negligence.

8.5. Korttelilataus shall take necessary and reasonable measures to keep the data of the Customers and Unregistered Users safe in accordance with its Privacy Policy.

9. Miscellaneous

9.1. The Customer and Unregistered User acknowledges that all intellectual property rights to the Charging Service and Mobile App belong to Korttelilataus and the developer of the Mobile App. The Customer and Unregistered User shall not copy, reproduce, modify or in any other way commercially exploit the intellectual property rights of Korttelilataus or the developer of the Mobile App.

9.2. If any provision of these General Terms and Conditions is, for any reason, held to be illegal, in full or in part, or invalid, or if its legality or validity is otherwise affected, the validity of the remaining legal and valid provisions of the General Terms and Conditions will not be affected. In place of such illegal or invalid provisions or for the purpose of filling a contractual gap in the General Terms and Conditions, an appropriate provision shall be applied, which, as far as legally possible will be as close as possible to the intentions and the purpose of Korttelilataus.

9.3. The failure by Korttelilataus at any time to enforce any of the terms, provisions or conditions of these General Terms and Conditions or to exercise any right hereunder shall not constitute or be construed to constitute a waiver of the same or affect Korttelilataus’ rights thereafter to enforce or exercise the same. No waiver of any term, provision or condition of these General Terms and Conditions shall be effective unless it is in writing and signed by a duly authorised person on behalf of Korttelilataus.

10. Applicable law and dispute resolution

10.1. These Terms of Service are subject to the laws of Finland.

10.2. Any disagreements related to the Charging Services or these General Terms and Conditions shall be settled by amicable negotiations. Any disagreement, controversy or claim arising out of or relating to the services, or the breach, termination or validity of the agreement between Korttelilataus and the Customer or Unregistered User shall be settled in the District Court of Länsi-Uusimaa. Notwithstanding the aforementioned, a Customer or Unregistered User who is a consumer, shall have the right to refer the dispute to the District Court with jurisdiction over the place where the consumer has his or her domicile or habitual residence, or he or she may refer the dispute to the Consumer Disputes Board.

11. Owner, service provider and contact information
    Name: Korttelilataus Oy
    Org. number: 3243559-4
    Address: Pehr Sommarin katu 2 , 10600 Tammisaari
    Phone number: 019 – 223 9300
    E-mail: info@korttelilataus.fi or support@korttelilataus.fi