Terms & Conditions

‍General terms of use and charging conditions with the Cariqa app

_{(English T&Cs are provided solely for reference. The German T&Cs are legally binding.)}

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1. Scope

These General Terms of Use and Charging conditions (hereinafter: Terms of Use) apply to the use of Cariqa chargeable tariffs and complementary Cariqa offers (“Service” or collectively: "Services") and describe your rights and obligations when accessing Cariqa via an app or web service.

By using our Services, you accept and agree to the following Terms of Use. The Terms of Use form a binding contract between you and KZY Marketplace Solutions GmbH, Chausseestr. 41B, 10115 Berlin, (District Court Berlin Charlottenburg, HRB 229537B), help@Cariqa.com (hereinafter "we", "us" or "Cariqa").

The Terms of Use apply regardless of whether you are a consumer, entrepreneur or merchant. The terms "you" and "your" and "customer" refer to you as an individual or to the business or legal entity that you represent in connection with the use of the Service. If you are using the Services on behalf of an entity, you represent that you have the authority to represent and that you accept the Terms of Use on behalf of the entity that you represent.

All agreements made between you and us in connection with the use of the Services result from these Terms of Use. The version of the Terms of Use that is applicable at the time of your use of Services is decisive.

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2. Subject of the contract

The Services are used via an application for mobile devices (“Cariqa app”), which is available for download from various app stores.

The Cariqa app offers customers various free services related to electromobility (e.g. route planner, charging station finder and other information services) on the basis of the following provisions. The paid Cariqa tariffs offer customers access to the charging infrastructure or charging stations for electric cars and plug-in hybrid vehicles that are displayed as available and functional in the Cariqa app without additional registration with the respective charging infrastructure operator. This charging infrastructure mainly consists of charging stations from Cariqa partners. Cariqa does not operate its own charging infrastructure and cannot guarantee that this is technically functional and accessible for the respective customer.

These Terms of Use apply both to the use of the free Cariqa Services and the use of the paid Cariqa Services.

The range of functions of the Services results from these Terms of Use and the charging tariff and service description specified in the ordering process (available at https://www.Cariqa.com/).

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3. Use of the Service

The Services may only be used by individuals who are at least 18 years of age. By using the Service, you agree to:

use the Service in good faith and exclusively for the intended purpose, i.e. to plan your own EV routes, to supply your electric car and plug-in hybrid vehicle with electricity and to use the information services offered by Cariqa;
use the Service for private purposes only and not for commercial, business or professional purposes;
abide by all codes of conduct and Terms of Use set forth by us or our partners/suppliers.

‍If you register an account for the Service, keep your account password confidential. Inform us immediately if you become aware of, or have reason to believe, that there is a security problem with the Services.

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4. Prohibited Uses of the Service

By agreeing to these Terms of Use, you warrant that you will not:

‍commit, facilitate, promote, support or favor unlawful conduct;
use the Services in a way that harms us, our partners or third parties;
use the Services in any way in connection with unsolicited bulk messages or unsolicited commercial messages ("spam");
use automated methods or services to access and/or use the Services (e.g. BOT, spider, periodic caching of information stored by Cariqa, or "meta-search");
reproduce, modify, create derivative works from, distribute, license, rent, sell, resell, transmit, publicly display, publicly perform, broadcast, stream, or use the Services or the Search Results to otherwise exploit, unless this has been expressly permitted by us;
use any unauthorized means to modify or redirect or attempt to modify or redirect the Services;
remove any copyright, trademark or other proprietary notices from any part of the Services;
access, replicate or compete with the Services;
attempt in any way to reverse engineer or otherwise derive the source code, trade secrets, or know-how of the Services or any portion thereof;
copy or modify the Services in any way;
use the Services in any manner that exceeds the limits of use of the Services or constitutes excessive or abusive use (e.g., by reselling the electricity made available to you during your use of the Services);
damage, disable, disrupt, overload, or impair the Services (or networks connected to the Services) in any way, or interfere with anyone else's use of the Services;
use the Services to monitor the movements or behavior of any other person (e.g., co-workers or family members) except with their knowledge and valid consent;
access the Services in a manner that compromises, disrupts, or circumvents our technical processes or security measures related to the Services, presents a security vulnerability to users of the Services, or may result in degraded performance of the Services, tests vulnerabilities of our systems or networks, or poses a risk to our reputation, brand or other business risk to us.

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5. Your Responsibility for Your User Account

Your user account may only be used by you personally (if you have set up a user account, which is not mandatory to use the Services). You are responsible for all activities that occur in your user account. You must not authorize any third party to access and/or use the Services on your behalf.

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6. Your personal data

In connection with the provision of the Service, we use information submitted by you such as location data, vehicle data and preferences. You can find more information in our privacy policy (available at https://www.Cariqa.com/en/privacy).

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‍7. Third Party Software

Parts of the Services are provided by third parties. The use of third-party software or products in connection with the Services is subject to the license terms of such third party. Unless and to the extent that we notify you of any specific license terms and unless otherwise stated in these Terms of Service, we grant you the right to use the Software and third party products within the scope of your authorized and intended use of the Services. You may not decompile or reverse engineer any algorithm, model, or software component included in the Services.

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‍8. Changes to the Contract

Cariqa reserves the right to make reasonable amendments to the these Terms of Use. Major amendments will be announced to the Customer via email and published on the website. Changes shall be deemed approved if the Customer does not object to them in text form within two weeks of the announcement of the respective change. Cariqa will specifically highlight this consequence when announcing the amendment. For the objection to be deemed made in time, the dispatch date shall be decisive. You can view the current version of this contract at any time at https://www.Cariqa.com/.

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9. Modifications or Termination of Services

Cariqa is entitled to change the services at any time by changing, adding or removing functions. We may discontinue or suspend the Services at any time for any reason and without notice; in which case your access or right to use the Services may terminate immediately. Any data you have stored in the App or Services may not be retrieved later. There may be interruptions or prolonged downtime of the Services.

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10. Copyrights, trademarks, etc.

The Services, including the name “Cariqa” and all other content in connection with the provision of the Services, are owned or licensed to KZY Marketplace Solutions GmbH. Software or content provided as part of the Services is protected by intellectual property laws and treaties. We (or our partners) own the copyright and other intellectual property rights associated with the Services.

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‍‍11. Termination rights

The Parties have a right to terminate the contract for good cause. Cariqa may terminate the contract without notice and exclude you from using the app if you

have provided incorrect information or concealed facts in the course of the contractual relationship with Cariqa and Cariqa cannot reasonably be expected to continue the contract as a result;
do not refrain from serious breaches of the contractual relationship with Cariqa or do not immediately remedy the consequences of such breaches of contract that have already occurred, or
have committed any other breach of an essential contract term.

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‍‍12. Prices and payments

When registering for the Services, and subsequently, you have the option to choose between various charged Cariqa Services, in addition to the free Services of the Cariqa app.

The Cariqa app will display each charging point and show the price upfront under the “pay as you go” model. To confirm an order, you will be required to prompt the confirmation which will read “slide to start charging”. The order constitutes an offer to conclude a contract, not the contract itself. You are required to pay the prices applicable at the start of each charging session, with the relevant rate displayed beforehand. The total charge is based on kwh consumed; the applicable rate is sourced directly from the charging point operators, and visible for every charging point within the Cariqa app. Cariqa reserves the right to charge a fixed service fee for every successful charging session (“Cariqa fee”), always clearly displayed before you start charging.

All prices for charged Cariqa Services are gross prices, inclusive of statutory value-added tax. The prices for our Services, along with any additional fees, will be clearly indicated within the Cariqa app. To book a Service, you must provide a valid means of payment for processing payments and transactions. The estimated total cost shown in the Cariqa app is pre-authorized on your chosen payment method to ensure adequate funds are available.

After each charging session, the amount of charged energy will be indicated in kWh within the Cariqa app, with an automatically generated invoice available for download. Fees are due immediately and without deduction.

Charging fees and invoices are processed through our payment processors, which may vary from time to time. All transactions are subject to the applicable terms and conditions of the payment processor and applicable laws.

It is your responsibility to ensure that the registered payment card is valid and has sufficient funds. In the event of a chargeback initiated by your bank for which you are responsible, you will be required to reimburse the bank expenses in accordance with the current fee and cost policy.

Untimely payment may result in a lump-sum payment in accordance with the applicable price list.

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13. Liability

In the case of slight negligence, Cariqa is only liable in the event of a breach of essential contractual obligations (so-called cardinal obligations), such as those that the contract intends to impose on us according to its content and purpose or the fulfilment of which is essential for the proper execution of the contract and on the observance of which you regularly trust and trust allowed to. The amount of this liability is limited to the typical damage foreseeable at the time the contract was concluded.

The above limitations of liability also apply to the personal liability of Cariqa's legal representatives, vicarious agents and employees for damage caused by them as a result of slight negligence.

Our liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee, for damage resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

Portions of the Services depend on information provided by you and/or third parties.

‍Route planning

Please also note that the actual power consumption and therefore the range of your vehicle is affected by circumstances such as your driving style, temperature, wind, topography, speed, traffic jams, use of devices that consume electricity and much more. Therefore, we recommend that you try the Services, especially the route planning functions, with a certain safety margin. While we strive to ensure the accuracy and high quality of the Services, we welcome constructive feedback and suggestions for improvement, but we do not guarantee (neither explicitly nor implicitly) the accuracy, completeness, or correctness of the route maps or other information provided through the Services. If the customer breaks down as a result of the vehicle not being sufficiently charged, Cariqa is not liable for the costs incurred as a result (such as salvage costs), unless these Terms of Use state otherwise.

Access to charging infrastructure

Cariqa is not an operator of charging stations and is therefore not liable for the operational safety of the respective charging stations of external partners. Cariqa is not liable for charging processes that did not take place or were not completed successfully or for damage incurred in connection with the preparation, implementation and completion of charging processes.

Cariqa is not liable for the failure of the Services in the event of force majeure. In the event of an interruption or irregularities in the electricity supply, as far as the consequences of a disruption in network operation including the network connection are concerned, claims may be made against the distribution network operator. You can demand that Cariqa assign any claims that Cariqa is entitled to against the respective network operator.

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14. Assignment

Cariqa may assign the contractual relationship with you in whole or in part to third parties at any time without notifying you. You are not permitted to assign, temporarily or permanently, this User Agreement or your rights to use the Services or any part thereof to any other person.

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‍15. Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you use the Services as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

If you are a merchant and have your registered office in Germany at the time of use, the exclusive place of jurisdiction is the registered office of Cariqa. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations.

More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.