Terms and Conditions

These are the Terms and Conditions of Touch GmbH.
1. Terms and definitions.

1.1. TOUCH application — is a software and hardware package (iOS and/or Android mobile application), then — Application designed to enable the User to get the information on Partners' charging station locations and availability, and to place an order for electric vehicle charging in accordance with the Terms and Conditions in the Application interface.

1.2. User — is a person who uses the Application in accordance with the Terms and Conditions in order to charge his/her electric vehicle.

1.3. Authorized User — is the User who has authorized in the Application using a username and password assigned to him/her during registration on the Application.

1.4. Partner — is a legal entity or entrepreneur who owns a charging station where the Users' electric vehicles are charged.

1.5. Operator — is a legal entity, which provides access to the Application for Users and receives payment for electric vehicle charging services.

1.6. Contract — is a contract for provision of electric vehicle charging services between the User and Partner as a result of order placement in the Application.

1.7. Terms and Conditions — this document which is available on the Internet at: https://touch-station.com/en/terms_of_use


2. General Provisions.

2.1. These Terms and Conditions are the offer made by the Operator — TOUCH PRODUCTION UG to the User regarding the use of TOUCH.

2.2. By starting to use the Application, the User is considered to have accepted these Terms and Conditions and Confidentiality Policy which are available on the Internet at: https://touch-station.com/en/privacy-policy/, unconditionally, indiscriminately and completely.

2.3. TOUCH PRODUCTION UG offers the User to obtain, via the Application, the information on the Partners' charging station locations and availability, to place an order, book electric vehicle charging, and to start and finish charging process at the selected charging stations.

2.4. Electric vehicle charging shall be carried by the User himself/herself at the Partners' charging stations in accordance with the conditions specified in the Application. All currently existing functions of the Application, as well as any development and/or addition of new functions is the subject of these Terms and Conditions.

2.5. When the User uses the Application, TOUCH PRODUCTION UG provides no chargeable services to the User, also when the User places an order.

2.6. When the User contacts TOUCH PRODUCTION UG regarding the Contract made as a result of Order placement, including any claims regarding execution of the Contract, TOUCH PRODUCTION UG is entitled to provide any corresponding information to the Partner and to provide the information received from the Partner regarding these issues to the User.

2.7. The use of some functions of the Application, including placement of an Order, is available to the User upon registration and authorization in the Application.


3. Conclusion of contract.

3.1. The Contract on the use of the Application and its functions between TOUCH PRODUCTION UG and the Customer is made by means of registration in the Application.

3.2. During placement of an order, the User makes a Contract and enters into direct contractual relationships with the Partner in terms of electric vehicle charging. Placement of an order in the Application means that the User agrees with all material conditions of electric vehicle charging defined by the partner and included in the Application. All rights and obligations under the Contract(s) with the User shall vest directly in the Partner.

3.3. Contract between the User and Partner shall be deemed to be concluded when the User presses Pay and/or Book button (or buttons with similar text) in the Application.

3.4. When the User carries out actions specified in 3.3 of the Terms and Conditions, the User shall confirm that the User was made aware of all information on electric vehicle charging and on the Partner and/or Operator required in the applicable law on consumer rights protection.


4. Electric vehicle charging prices.

4.1. All effective electric vehicle charging service prices are listed in the Application.


5. Operation and use of the Application and charging stations.

5.1. The User who desires to charge his/her electric vehicle shall choose a free charging station in the Application and place an order. At this moment the User can select whether to start charging process at the chosen charging station immediately — Pay button; or to book the chosen charging station for 30 (thirty) minutes immediately – Book button.

5.2. When the User chooses the Book option, charging process is started automatically, if the User has not started it before, by pressing the appropriate button in the Application.

5.3. When charging order has been placed in the Application, the amount of 400 (four hundred) Rubles is blocked on the User's bank card account. When the User has no sufficient money on the bank card account, the order will not be placed.

5.4. Charging process shall be finished automatically when the blocked amount has been depleted or when the User stops the process by pressing an appropriate button in the Application. In this case the remaining portion of the blocked money is returned to the User's bank card account.

5.5. In case when the User wants to continue the vehicle charging upon completion of the charging process, the User shall place anew order as describe in Sections 5.1. to 5.3. of the Terms and Conditions.

5.6. Since the Application provides electric vehicle charging information and services at charging stations of various Partners who are responsible for (i) proper operation and maintenance of their charging stations; and (ii) provision of accurate information on their charging stations, TOUCH PRODUCTION UG cannot guarantee performance or availability of such charging stations or accuracy of such information. Nevertheless, TOUCH PRODUCTION UG will act with due circumspection during accumulation and display of the appropriate information for the Application Users.


6. User responsibilities.

6.1. The Application is provided to the User for non-commercial personal use. Before placement of an order, the User must read all conditions of electric vehicle charging defined by the partner and included in the Application. And any evident errors, including printing errors, made by the Partner and/or Operator shall not be deemed to be legally binding.

6.2. During registration, the User must provide his/her personal data requested in the Application during registration and to specify his/her email address and mobile telephone number. The User must not disclose the username and password assigned during registration to third parties and must ensure username and password security and confidentiality.

6.3. The User who has placed and pay an order in the Application, must be present at the charging station and charge the electric vehicle by himself/herself, and to complete charging properly by pressing the appropriate buttons in the Application.

6.4. When the User is not present at the charging station or electric vehicle charging is not possible due to actions/omissions of the User, when the User refuses to charge the electric vehicle upon expiration of the booking time, when charging process has been finished incorrectly, i.e. the charging process has not been completed in the Application, the money paid for the electric vehicle charging are not refundable to the User.

6.5. When the electric vehicle charging has been carried out improperly and/or does not meet the order in the User's opinion, the User must immediately send the information on such Order, including photos/video and description of defects, to info@touch-station.com or via feedback option in the Application. The Operator shall send such information to the Partner as described in 2.7. of the Terms and Conditions.

6.6. The electric vehicle which is charged at the charging stations and any additional equipment used by the User to charge his/her electric vehicle (e.g. including converters, adapters or cables) shall serve their purpose, shall be compatible with the charging station and meet all applicable statutory provisions.


7. Payment procedure.

7.1. Upon charging order placement in the Application as described in 5.1. to 5.3. of the Terms and Conditions, the amount of 400 (four hundred) Rubles is blocked on the User's bank card account.

7.2. When charging has been completed as described in 5.4 of the Terms and Conditions, the remaining portion of the blocked money is returned to the User's bank card account, and the amount actually spent for charging is written off the User's bank card account.

7.3. TOUCH PRODUCTION UG acts on behalf of a corresponding Partner and involves an authorized payment receipt operator or electronic money operator and is the payment recipient as a partner's agent.

7.4. TOUCH PRODUCTION UG has no access to the bank card details reported by the User and is not responsible for security and confidentiality of data to be transferred during cashless payment transaction. Cashless payment is carried out by the User with the help of the authorized payment receipt operator or electronic money operator and is governed by the rules of international payment systems, banks (including the User's card-issuing bank) and other payment parties.

7.5. When the User disagrees with the cashless payment and/or its amount or with other issues associated with the payment, the User is entitled to contact TOUCH PRODUCTION UG via email info@touch-station.com or feedback option in the Application within 5 days from the day of cashless payment or other actions or events, which caused the feedback.

7.6. In case when upon review of such feedback TOUCH PRODUCTION UG decides to refund the cashless payment amount in full or in part, such refund shall be carried out to the bank card account from which the cashless payment has been made. Refunding is carried out with the help of the authorized payment receipt operator or electronic money operator and is governed by the rules of international payment systems, banks (including the User's card-issuing bank) and other payment parties.

7.7. When the amount of electric energy actually transferred to the User by the Partner and received by the User from the Partner exceeds the amount of electric energy ordered by the User in the Application, TOUCH PRODUCTION UG on behalf of the Partner shall additionally receive the money for payment of the difference between the electric energy cost ordered in the Application and the electric energy actually transferred to the User by the Partner and received by the User from the Partner.


8. Liability of the Parties.

8.1. The User is responsible for proper start and completion of the charging process and for charging station suitability for the electric vehicle to be charged. In addition, the User shall not use charging stations where error message is displayed or visible defects or damage exists.

8.2. The User is responsible for compliance with the Electric Vehicle Charging Rules, Parking Rules at Charging Stations and other Instructions specified at the charging stations or given by the Partner personnel.

8.3. The User is responsible for security and confidentiality of the username and password for the User's account in the Application. The User must immediately notify TOUCH PRODUCTION UG when the User suspects that his/her account has been used by an unauthorized person or in and unauthorized way.

8.4. In case of loss of the mobile device with the installed Application, the User must immediately notify TOUCH PRODUCTION UG via email. If the User has not sent notification, he/she is fully responsible for all activity and transactions carried out on his/her behalf.

8.5. TOUCH PRODUCTION UG is not responsible in terms of these Terms and Conditions for:

8.5.1. constant availability and performance of the Application and web site touch-station.com;

8.5.2. constant availability of the Partners' charging stations;

8.5.3. temporary interruption of charging order services in the Application;

8.5.4. consequences of the User's mobile devices loss or theft and unauthorized use by a third person.

8.6. TOUCH PRODUCTION UG and Partners are not responsible for poor quality of charging and/or any User's property damage caused by the electric vehicle defect and/or tools and accessories used during the charging process.

8.7. TOUCH PRODUCTION UG is not liable to the User for any indirect loss or damage such as loss of income or damage to relationship between the User and third parties, except the responsibility prescribed by the applicable law.

8.8. TOUCH PRODUCTION UG is not liable to the User for any delay or failure to fulfil the obligations where such delay or failure occurred as a result of force majeure.


9. Miscellaneous.

9.1. The User shall confirm that he/she is legally capable and has reached the age required by the laws of the Germany to conclude Contracts with the Partners as well as to make other transactions as specified in these Terms and Conditions.

9.2. TOUCH PRODUCTION UG reserves the right to limit at its own discretion the User's access to the Application (or certain Application functions, if this is technologically possible) using the User's account or to block the User's account completely in case of repeated failure to fulfil these Terms and Conditions, or to take other measures in relation to the User in order to force compliance with the laws or rights and legal interests of third parties, including, in particular, the following cases:

9.2.1. provision of invalid personal details by the User;

9.2.2. failure to fulfil the payment obligations by the User;

9.2.3. reasonable suspicion that the Application and/or Partners' services are used for purposes other than they are intended for.

9.3. TOUCH PRODUCTION UG is entitled to change the provisions of these Terms and Conditions at any time without notification. The valid revision of the Terms and Conditions is available at: https://touch-station.com/en/terms_of_use. Risk of failure to read a new revision of the Terms and Conditions is born by the User, continued use of the Application when the Terms and Conditions have been changed is read as consent with the new revision.

9.4. TOUCH PRODUCTION UG processes the Users'personal data in accordance with the Confidentiality Policy which is available at: https://touch-station.com/en/privacy-policy/.

9.5. Operator's details:

TOUCH PRODUCTION UG
Nordparkstraße 30
03044 Cottbus, Germany
HRB 15127 CB
E-mail: partnership@touch-production.com
Phone: +49 211 418 72 592

If you have any problems with the Application contact us via: https://touch-production.com/en/support


Date of publication: 15/03/2021
Effective date: 15/03/2021
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