Terms & Conditions

1. General

These Terms of Use (the "Agreement") are entered into between the entity or person using or accessing the Services (the "User" or "you") and EVenergia Consulting, SL ("Cargea" or "we"), collectively referred to as the "Parties" or each individually as a "Party".

This Agreement, together with Cargea's Privacy Policy, governs the use of the services operated by Cargea ("Services").

The Services may include, among others, mobile applications and/or websites operated by Cargea under its own brand and/or under the brands of its partners. These Services encompass all functionalities and features, including websites, user portals, mobile applications, content and user interfaces associated with Cargea's platform for electric vehicle drivers and charging point operators, where users can manage and find charging points to initiate and pay for electric vehicle charging sessions.

2. Acceptance

By registering for the Services and accepting this Agreement, the User enters into a contract with Cargea that allows the use of the Services.

All transactions forming part of the Services, including but not limited to initiating charging sessions and ordering and using RFID cards, are governed by such agreement. Registration without express acceptance of this Agreement is not possible.

When the User places an order for the charging of an electric vehicle through the Services, Cargea acts as agent on behalf of the Operator to conclude the order and manage the User experience throughout the process.

If during this process Cargea has received an amount payable by the User to an Operator, such payment shall discharge the User's payment obligation to the Operator.

When the User places an order to charge an electric vehicle at a charging point not integrated into the Cargea platform, Cargea acts as an electric mobility provider (EMP) and the sale of electricity is concluded directly between the User and Cargea.

Cargea is not responsible and assumes no liability for the provision of electric vehicle charging by third-party operators.

3. Pricing

For consumers, all applicable prices are shown inclusive of VAT.

For businesses, applicable prices are exclusive of VAT unless otherwise stated.

All prices are displayed in the Services before initiating the charging process or any other transaction.

Cargea estimates the price of charging before it begins and reserves the necessary amount.

Cargea may charge transaction fees for facilitating charging services and related services.

For businesses, commercial entities and other partners, the Services may be subject to subscription plans and usage fees as agreed.

Prior to the charging process, the price will be clearly displayed as fees per kWh of energy consumed, parking fees, charging session fees and/or time-based fees, as applicable.

Cargea will issue a receipt for the use of the charging Service, including each executed charging transaction.

4. Billing

Cargea may charge the User through various payment methods, such as debit/credit card, Wallet, Apple Pay, Google Pay or invoice.

Invoices may be sent by Cargea by post or email and may also be accessible in the user account.

Full payment of issued invoices must be received by Cargea within fifteen (15) days from the date of issuance, unless otherwise agreed.

Unpaid amounts may result in suspension or cancellation of access to the Services.

5. Obligations

The User will cooperate with Cargea by providing information and materials reasonably necessary for the provision of the Services, and shall ensure that such information is complete and accurate.

It is the User's responsibility to ensure that their registered payment method is valid and has sufficient funds.

The User is responsible for complying with all applicable parking restrictions and regulations at charging stations.

The User shall use charging points correctly and in accordance with the instructions provided, and shall ensure that the charging point is suitable for their vehicle.

The User shall protect their account against unauthorised access and notify Cargea immediately of any misuse.

The User is solely responsible for ensuring compliance with all applicable laws and regulations before using the Services.

Unless expressly authorised in writing by Cargea, the User may not:

• Resell or sublicense the Services.
• Reverse-engineer or copy the platform.
• Circumvent security measures.
• Use the Services unlawfully.
• Develop competing products based on the Services.

All intellectual property rights related to the Services are the exclusive property of Cargea.

6. Liability

Use of the Services is the sole responsibility of the User.

The Services are provided "as is" and may be modified, interrupted or suspended at any time.

To the fullest extent permitted by law, Cargea excludes all warranties and shall not be liable for indirect, incidental or consequential damages, including loss of profits, data or business opportunities.

Nothing in this Agreement excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence where such limitation is prohibited by law.

7. Force Majeure

Neither Party shall be liable for delays or failure to perform its obligations caused by circumstances beyond its reasonable control, including strikes, natural disasters, war, terrorism, power outages or governmental actions.

8. Termination

Either Party may terminate this Agreement at any time.

Upon termination, access to the Services may be removed immediately.

Obligations accrued prior to termination shall survive termination.

9. Data Protection

Cargea and its service providers collect and process personal data in accordance with applicable data protection laws, including the GDPR.

Certain personal and transactional information may be shared with charging point operators and payment providers to facilitate charging sessions, payments, invoicing and customer service.

For more information, please refer to Cargea's Privacy Policy.

10. Waiver

Failure by Cargea to enforce any provision of this Agreement shall not constitute a waiver of that provision.

11. Assignment

The User may not assign the rights or obligations arising from this Agreement without the prior written consent of Cargea.

12. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Consumer Rights

Consumers may have legal rights under applicable consumer protection regulations.

For physical products purchased through the Services, consumers may have a right of withdrawal of fourteen (14) days from receipt of the product.

Charging services are considered fully performed once the charging session has started or ended, so the right of withdrawal may cease once the service has commenced.

Any complaints relating to products or services may be submitted to: info@cargea.com

14. Wallet

Cargea may offer a virtual wallet feature that can be used to pay for charging services.

The Wallet may be topped up using authorised payment methods.

Users are responsible for monitoring Wallet transactions and notifying Cargea of any unauthorised use.

Credits received through promotions or referral programmes may be subject to expiry and may not be redeemable for cash.

15. Smart Charging and Grid Stability

Cargea may offer smart charging features designed to optimise charging sessions and support electricity grid stability.

By using these features, the User acknowledges that charging sessions may be optimised based on electricity demand, pricing or renewable energy availability.

Participation in such features is voluntary and may be disabled from the app settings where available.

16. Governing Law and Jurisdiction

This Agreement shall be governed by Spanish law.

Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts and tribunals of Barcelona, Spain.

17. Amendments to these Terms

Cargea reserves the right to amend these Terms of Use at any time.

Updated versions will take effect upon publication on the website or within the application.

Continued use of the Services following updates constitutes acceptance of the revised Terms.