General Terms and Conditions for the Use of the Schneider Electric GmbH Fleetbook App
Concerning the use of the Schneider Electric GmbH, Gothaer Str. 29, 40880 Ratingen, Amtsgericht Düsseldorf | HRB 47852 USt-IdNr. DE225673854 - hereinafter referred to as "SE" for short - the following General Terms and Conditions of Business and Use (GTC) shall apply:
1. "Fleetbook App"
1.1. SE shall provide the end user (in the following general terms and conditions is used the general muscular form, but all genders are meant to be included) with the access technology facilitating mobile business and private use of SE’s fleet and charging services and, depending on a separate agreement, the customer's customers under the product name "Fleetbook" or "Fleetbook App" (hereinafter referred to as "Fleetbook") in accordance with these General Terms and Conditions of Business and Use. Fleetbook enables the charging of electric and plug-in hybrid vehicles (hereinafter "EV") at non-public and public charging stations, as well as at home wallboxes. End users may be employees of a customer or third parties designated by a customer who charge at the customer's expense based on contractual agreement with SE (hereinafter “customer end user”). End users can also be loaders at their own expense based on a contractual agreement (hereinafter “private end users”).
1.2 Any contracts and agreements concluded between SE and the customer shall take precedence for business use. The use of the app under these contracts shall be free of charge.
1.3 There are separate costs for the private use of fleet and charging services via Fleetbook, which are billed to the private end user. The private end user can query the applicable prices via the app. These are displayed again before the respective charging process and billed to the private end user. The invoiced amounts must be paid within 14 days.
1.4 The current version of these General Terms and Conditions of Business and Use (hereinafter referred to as "GTC") can be viewed, saved and printed within the App and via the following URL: the German and English version at https://www.se.com/de/de/about-us/legal/agb.jsp. In the event of discrepancies between the German and English versions, the German version shall take precedence. SE may amend these GTC at any time. SE may amend these GTC at any time. The User will be informed of this in a timely manner.
2. Use of Fleetbook
2.1 The end user can use Fleetbook via a smartphone with internet access.
2.2 The end user shall initially receive an email with an invitation link to set a personal password sent to the corresponding company email address provided by the Employer.
2.3 In using the Fleetbook, SE and / or the end user shall be given access to
a) functions and displays related to searching, identifying and navigation to charging stations
b) functions and displays relating to the implementation and monitoring of EV charging at charging stations.
c) functions and displays related to the management of site and charging station specific data
d) functions and displays related to the management of billing-relevant data
Data shall be collected and processed by SE via Fleetbook in order to be able to provide the agreed services, particularly billing services, including those provided by organisations commissioned by the Customer and other service providers (e.g. payment service providers).
2.4 All data transmitted via Fleetbook via the Internet shall be encrypted using the SSL protocol (Secure Sockets Layer Protocol). SSL is the industry standard for the transfer of confidential data via the internet.
3. Use of charging stations and associated parking spaces
Otherwise, the terms of use of the respec-tive operators and owners apply for the use of charging stations and associated parking spaces. Liability in the event of damage is not the subject of this contract.
4. Contact information
The following support contact point shall be available to the end user in the event of questions: info@inno2fleet.com
5. Liability
5.1. SE is not liable for the operability or availability of the app, for damages as a result of an interruption or as a result of irregularities in the usability of the app. The charging point operator is responsible for the serviceability of the charging infrastructure. SE shall be liable for damages caused by SE, its employees or vicarious agents intentionally or through gross negligence, in the event of fraudulent concealment of defects, assumption of quality guarantees as well as for damages resulting from injury to life, body or health. For other damages, SE shall only be liable insofar as an obligation, the fulfilment of which initially enables the proper use of the Fleetbook and upon the compliance of which the end user may regularly rely (cardinal obligations), is violated, and insofar as the damages are typical and foreseeable due to contractual use of the services. Any liability under the Product Liability Act shall remain unaffected. Liability on part of SE beyond these regulations is excluded.
5.2 The static and dynamic information displayed in Fleetbook (cf. section 2.3), particularly pertaining to the availability of charging stations, shall be provided without any guarantee as to its current status or accuracy. The information is also dependent on the reception and transmission range of the radio stations operated by the respective network operator and can be affected by atmospheric conditions, topographical conditions, the position of the vehicle and obstacles (e.g. bridges and buildings).
5.3 The end user shall be liable for all damage caused by the User to third parties. Contractual agreements between the end user and SE take precedence over these General Terms and Conditions.
6. Privacy Policy: data collection, storage, use and security
6.1 The Seller reserves the right to save and process the Buyer’s data for its own purposes in compliance with current data protection legislation. The Buyer, its officers, employees, agents and representatives will keep all information and data relating to the Seller and the Contract safe and secure
7. Place of jurisdiction and applicable law for all Customers
7.1 Berlin shall be the sole place of jurisdiction for all claims arising from the business relationship with merchants.
7.2 The same place of jurisdiction shall apply if the end user does not maintain a general place of jurisdiction in the European Economic Area (hereinafter referred to as the "EEA"), moves their place of residence or habitual abode outside the EEA after conclusion of the contract, or their place of residence or habitual abode is not known at the time the legal action is taken.
7.3 This contract shall be governed by the laws of the Federal Republic of Germany. This choice of law shall only apply to the extent that it does not deprive the consumer of mandatory applicable consumer protection provisions of the country in which the consumer is habitually resident at the time of ordering.
7.4 Should individual provisions of this agreement prove to be invalid in whole or in part or contain a loophole, the remaining contractual provisions and the validity of these GTC as a whole shall remain unaffected. The validity of the remaining provisions is to be maintained under all circumstances. The invalid provision shall be replaced by a legally permissible provision which best approximates the meaning and purpose of the invalid provision.
7.5 In the case of a multilingual version of these General Terms and Conditions, only the German text is decisive for the legal effects.
1.1. SE shall provide the end user (in the following general terms and conditions is used the general muscular form, but all genders are meant to be included) with the access technology facilitating mobile business and private use of SE’s fleet and charging services and, depending on a separate agreement, the customer's customers under the product name "Fleetbook" or "Fleetbook App" (hereinafter referred to as "Fleetbook") in accordance with these General Terms and Conditions of Business and Use. Fleetbook enables the charging of electric and plug-in hybrid vehicles (hereinafter "EV") at non-public and public charging stations, as well as at home wallboxes. End users may be employees of a customer or third parties designated by a customer who charge at the customer's expense based on contractual agreement with SE (hereinafter “customer end user”). End users can also be loaders at their own expense based on a contractual agreement (hereinafter “private end users”).
1.2 Any contracts and agreements concluded between SE and the customer shall take precedence for business use. The use of the app under these contracts shall be free of charge.
1.3 There are separate costs for the private use of fleet and charging services via Fleetbook, which are billed to the private end user. The private end user can query the applicable prices via the app. These are displayed again before the respective charging process and billed to the private end user. The invoiced amounts must be paid within 14 days.
1.4 The current version of these General Terms and Conditions of Business and Use (hereinafter referred to as "GTC") can be viewed, saved and printed within the App and via the following URL: the German and English version at https://www.se.com/de/de/about-us/legal/agb.jsp. In the event of discrepancies between the German and English versions, the German version shall take precedence. SE may amend these GTC at any time. SE may amend these GTC at any time. The User will be informed of this in a timely manner.
2. Use of Fleetbook
2.1 The end user can use Fleetbook via a smartphone with internet access.
2.2 The end user shall initially receive an email with an invitation link to set a personal password sent to the corresponding company email address provided by the Employer.
2.3 In using the Fleetbook, SE and / or the end user shall be given access to
a) functions and displays related to searching, identifying and navigation to charging stations
b) functions and displays relating to the implementation and monitoring of EV charging at charging stations.
c) functions and displays related to the management of site and charging station specific data
d) functions and displays related to the management of billing-relevant data
Data shall be collected and processed by SE via Fleetbook in order to be able to provide the agreed services, particularly billing services, including those provided by organisations commissioned by the Customer and other service providers (e.g. payment service providers).
2.4 All data transmitted via Fleetbook via the Internet shall be encrypted using the SSL protocol (Secure Sockets Layer Protocol). SSL is the industry standard for the transfer of confidential data via the internet.
3. Use of charging stations and associated parking spaces
Otherwise, the terms of use of the respec-tive operators and owners apply for the use of charging stations and associated parking spaces. Liability in the event of damage is not the subject of this contract.
4. Contact information
The following support contact point shall be available to the end user in the event of questions: info@inno2fleet.com
5. Liability
5.1. SE is not liable for the operability or availability of the app, for damages as a result of an interruption or as a result of irregularities in the usability of the app. The charging point operator is responsible for the serviceability of the charging infrastructure. SE shall be liable for damages caused by SE, its employees or vicarious agents intentionally or through gross negligence, in the event of fraudulent concealment of defects, assumption of quality guarantees as well as for damages resulting from injury to life, body or health. For other damages, SE shall only be liable insofar as an obligation, the fulfilment of which initially enables the proper use of the Fleetbook and upon the compliance of which the end user may regularly rely (cardinal obligations), is violated, and insofar as the damages are typical and foreseeable due to contractual use of the services. Any liability under the Product Liability Act shall remain unaffected. Liability on part of SE beyond these regulations is excluded.
5.2 The static and dynamic information displayed in Fleetbook (cf. section 2.3), particularly pertaining to the availability of charging stations, shall be provided without any guarantee as to its current status or accuracy. The information is also dependent on the reception and transmission range of the radio stations operated by the respective network operator and can be affected by atmospheric conditions, topographical conditions, the position of the vehicle and obstacles (e.g. bridges and buildings).
5.3 The end user shall be liable for all damage caused by the User to third parties. Contractual agreements between the end user and SE take precedence over these General Terms and Conditions.
6. Privacy Policy: data collection, storage, use and security
6.1 The Seller reserves the right to save and process the Buyer’s data for its own purposes in compliance with current data protection legislation. The Buyer, its officers, employees, agents and representatives will keep all information and data relating to the Seller and the Contract safe and secure
7. Place of jurisdiction and applicable law for all Customers
7.1 Berlin shall be the sole place of jurisdiction for all claims arising from the business relationship with merchants.
7.2 The same place of jurisdiction shall apply if the end user does not maintain a general place of jurisdiction in the European Economic Area (hereinafter referred to as the "EEA"), moves their place of residence or habitual abode outside the EEA after conclusion of the contract, or their place of residence or habitual abode is not known at the time the legal action is taken.
7.3 This contract shall be governed by the laws of the Federal Republic of Germany. This choice of law shall only apply to the extent that it does not deprive the consumer of mandatory applicable consumer protection provisions of the country in which the consumer is habitually resident at the time of ordering.
7.4 Should individual provisions of this agreement prove to be invalid in whole or in part or contain a loophole, the remaining contractual provisions and the validity of these GTC as a whole shall remain unaffected. The validity of the remaining provisions is to be maintained under all circumstances. The invalid provision shall be replaced by a legally permissible provision which best approximates the meaning and purpose of the invalid provision.
7.5 In the case of a multilingual version of these General Terms and Conditions, only the German text is decisive for the legal effects.
