Terms of Service
TERMS AND CONDITIONS
Last modified : September 26, 2022.
1. GENERAL
1.1 These Terms and Conditions (hereinafter “the Terms and Conditions”) apply to the use of the Blulinc App (hereinafter “the App”). Through the App, drivers of electric cars (hereinafter “you” and “your”) can locate charging stations connected to the Blulinc network (hereinafter “the Charging Point Operator”), and charge their car for a fee (hereinafter “the Services”). The Terms and Conditions apply to these Services.
The App is offered and managed by Blulinc N.V. – BE0775.669.111 – Laarnebaan 106b, 9070 Destelbergen.
1.3 Blulinc reserves the right to modify these Terms and Conditions. In the event of substantial changes, we will notify you. The most recent Terms and Conditions will always be available in the App and on Blulinc’s website. If you continue to use the App after modification of the Terms, you thereby accept the applicability of the modified Terms. If you do not wish to agree to the change, you may terminate your use of the App.
2. USING THE APP AND ACCOUNT
2.1 You are required to register and create a Blulinc account to use the App and the Services.
2.2 To use the features in the App, you must create a Blulinc account and log in. When you create an account, you warrant that the information you provide is complete, current and accurate.
2.3 Use of the App is only permitted within the European Union. You must also be a minimum of eighteen (18) years of age and possess a valid driver’s license. You are not allowed to create an account in another person’s name.
2.4 When you create an account, you are required to choose a password. You are responsible for keeping your password confidential. As soon as you have reason to suspect that your password has fallen into the hands of unauthorized persons, you must notify Blulinc immediately and you must take your own and immediate effective measures, such as changing your password, to prevent misuse. Blulinc will not be liable for any damages (direct or indirect) arising from any unauthorized access to your account.
2.5 Use of the App and Blulinc account is at your own responsibility and risk. For example, you are not permitted to use the App or the Services when you are driving.
2.6 You will refrain from using the App in a way that is misleading, disruptive or in any way violates applicable law or these Terms. You will indemnify Blulinc for any damages arising from your use of the App and the Services.
2. 7 Blulinc may limit or block (temporarily and/or partially) your ability to use the App at any time if you use it in violation of the Terms, and this without prior notice or without Blulinc owing you any compensation.
2.8 You bear the costs necessary to use the App or to access the Services, such as costs imposed by your telecom operator.
3. INITIATION AND TERMINATION OF A CHARGING SESSION.
3.1 Each charging session begins when you start it in the App. Each session constitutes a separate formal transaction, for which you are subject to a payment obligation, which begins at the time the charging session is initiated.
3.2 A charging session is manually initiated and terminated by yourself, unless otherwise provided in the Terms and Conditions.
3.3 If you cannot end a particular session due to a technical problem (e.g., related to the mobile network), you must end the loading session by contacting the helpdesk at the following email address: hello@blulinc.com
4. PRICES AND PAYMENT
General
4.1 You acknowledge and accept that initiating a charging session as described in the Terms and Conditions entails a payment obligation.
4.2 For each charging session initiated by you, Blulinc has the right to immediately collect both the charging session fee and the transaction fee via the chosen payment method.
4.3 This also applies if a third party uses your account or cart.
4.4 A minimum of one valid means of payment must be associated with your account at all times.
Charging session fees and transaction fees.
4.5 These costs associated with a charging session depend on various elements such as the prevailing energy prices, the duration of the charging session, etc. Prices are displayed on the App. Charging session rates are also determined in part by Blulinc’s Charging Point Operator over which Blulinc has no control. Blulinc is not liable if these prices are adjusted by the Charging Point Operators.
4.6 You can view an overview of your statements in the App. If you believe that an erroneous statement has occurred, you should contact us of this without delay at billing@blulinc.com. Blulinc is no longer obliged to rectify an error if you have brought to our knowledge more than thirty days after from the execution of the transaction.
4.7 Blulinc only bases its settlements on its own charging session data, which you can access in the App. It takes no responsibility in case of any discrepant data you might obtain through third parties (e.g. manufacturer).
4.8 All prices displayed in the App include VAT.
Payment by credit card
4.9 When starting a loading session, your credit card information (such as card type and expiration date) and other financial data required for payment are collected and temporarily stored.
4.10 Our payment process is performed by payment processor STRIPE.
Payment via Blulinc account
4.11 You can also replenish the credit on your Blulinc account via credit card transfer. The balance of this Blulinc account is displayed in the App. When you indicate that you wish to pay with the Blulinc account, the amount to be paid will be taken directly from the Blulinc account.
4.12 Credit from your Blulinc account may also be made available by companies that have joined the Blulinc platform. The applicable terms and conditions (including payment and billing) can be found on Blulinc’s Website.
Solvency guarantee
4.13 When you pay by credit card, our payment processor performs a temporary pre-authorization on your credit card for verification. At the end of your charging session, the pre-authorized amount will be corrected accordingly. You can contact your bank for more information on pre-authorization.
4.14 When you pay using your Blulinc account, in case of insufficient credit in the account, the same temporary pre-authorization will be performed for the credit card linked to your Blulinc account. If at the end of the charging session there is insufficient credit to pay for the charging session, a this pre-authorization will be used to pay the unpaid portion of the transaction. In these cases, an additional cost necessary to carry out the financial transaction will also be charged.
5. PRIVACY
Personal data about you will be processed for the use of the App. This is subject to Blulinc’s Privacy Policy and Cookie Policy. More information can be found in the App’s Privacy Policy.
6. RIGHTS REGARDING THE APP
6.1 All intellectual property rights relating to the App and the texts, photos and other material accessible through the App are vested in Blulinc or its licensors.
6.2 Blulinc grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the App, to the extent necessary for the purposes of the App, and for personal, non-commercial purposes only.
6.3 It is not allowed to perform actions that may infringe on Blulinc’s intellectual property rights, such as registering domain names, trademarks or Google AdWords that are similar or identical to any object to which Blulinc has intellectual property rights, downloading, copying, modifying, scrapping, reverse-engineering or disclosing the App for other than personal, non-commercial purposes or in any other way that causes damage to Blulinc.
7. LINK AND COMMERCIAL INFORMATION
7.1 Advertisements or information may be placed on the App from third party advertisers. Blulinc is not liable for the content or accuracy of this information.
7.2 The App may contain hyperlinks that allow you to leave the App and access third-party websites. Blulinc has no control or influence over third-party websites or services. Thus, the use of third-party websites or services may be subject to other terms and conditions. Blulinc does not accept any responsibility or liability for (the operation and/or content of) third-party websites or services.
8. WARRANTY AND LIABILITY
General
8.1 The App is free to download. Blulinc undertakes to take the necessary measures so that the App functions adequately. However Blulinc cannot make any guarantees regarding the functioning of the App. At times the App may not be accessible (properly), may not be secure, may not be virus-free and/or may not work (fully).
8.2 Blulinc may temporarily suspend its Services (in whole or in part), in particular for the purpose of managing, improving, repairing or maintaining the Services. Depending on the nature of the interruption, Blulinc will notify you and make all reasonable efforts to reduce the duration of the suspension to the absolute minimum.
8.3 Blulinc provides information (including balance, information obtained with the QR scanner, price and product information and information regarding the availability of charging stations) through the App with the utmost care. Still, at times the information may not be available, accurate or current. Blulinc makes no warranties as to the availability or accuracy of the information provided by the App.
8.4Blulinc provides the Services as offered and does not guarantee 100% availability. Blulinc cannot be held liable if the Services are not available due to force majeure (such as, but not limited to, fires, floods, strikes, blockades, wars or riots) or at the hands of its suppliers or Charging Point Operators.
8.5 Blulinc accepts no liability for property, property damage or any other harm related to use or misuse of the App to the extent permitted by mandatory law. In any event, Blulinc shall never be liable for any consequential damages, including pure property damage, lost sales and profits, loss of data and intangible damages, related to the App.
Liability
For Charging Point Operators
8.6 Blulinc cannot be held liable for the pricing policy of Charging Point Operators, nor for changes to the pricing policy.
8.7Blulinc cannot be held liable for the actions of a Load Point Operator or any of its employees, collaborators, subcontractors, suppliers or persons related to the Load Point Operator.
9. END OF APP USE
9.1 If you wish to terminate use of the App, you may do so by deleting the App from your phone.
9.2 If you violate the Terms, Blulinc is entitled to discontinue your use of the App.
10. MISCELLANEOUS
10.1 These Terms and the use of the App are governed by Belgian law.
10.2 If a dispute arises between you and Blulinc, unless otherwise provided by law, the competent courts of the district of East Flanders, Ghent division shall have exclusive jurisdiction to hear it.
10.3 Blulinc may transfer the rights and obligations under these Terms to a third party. If you do not agree to this, you may discontinue use of the App by deleting the App.
10.4 Is or are these Terms declared invalid in part, you and Blulinc remain bound by the remaining part. The parties agree that in view of the content and scope of these Terms and Conditions, the legal consequences shall correspond as far as possible to those of possibly invalid provisions.
11. CONTACT
If you have any questions, comments or complaints, please feel free to contact our Customer Service. If you find an error in the App, we greatly appreciate notification.
Contact: help@blulinc.com