Legal conditions

Purpose

The Application is addressed exclusively to Users residents in Spain. Users who reside or are domiciled at any other place and who decide to access and/or use this Application will do so at their own risk and responsibility and must ensure that such access and/or use complies with applicable local legislation. By accessing and using this Application and/or Website you ("User") acknowledge that you have read and accepted these General Conditions of Use and undertake to comply with all its Terms and Conditions.

Likewise, the User acknowledges and accepts that the access and use of this Application and/or Website will be subject to the General Conditions of Use that are in force at the time he access it. Chargy reserves the right to modify these General Conditions of Use at any time, as well as any other general or particular condition that may apply. The User may notify Chargy through the contact email address of the company info@chargy.com that he does not accept any possible modification of these General Conditions. In the same way, Chargy reserves the right to suspend, interrupt or stop operating the Application and/or the Website at any time.

Through the Application, Chargy provides the User with an intelligent mobile charging service for Smartphones through a Charging Point or Chargy Point (hereinafter, the "Service"). The Application and/or Website facilitates the User access to different content, information and data provided by Chargy in relation to the Service (hereinafter, the "Content"). Chargy reserves the right to modify at any time the presentation, configuration and location of the Application and/or the Website, as well as the corresponding conditions of access and use. Chargy does not guarantee that the Contents provided through the Application and/or Website will at all case be correct, complete or updated.

Register as a registered user

The access to the Services implies your registration as a User in Chargy, and in order to identify yourself you must provide us some basic identification and contact data about you.

To process your registration and/or to enjoy certain services, Chargy may request additional information such as your location, as well as verification of your email address or your mobile phone at any time. For this purpose, it is very important that you keep in mind that you should always provide us with your current email address or phone number, guaranteeing that it is yours and that only you have the right to use it.

In general, access and use of Chargy is prohibited to users under 14 years of age, unless they have parental authorization. Therefore, by accepting these Conditions, you acknowledge being a person with enough capacity to acquire the obligations arising from your actions and that you have read, understood and accepted their content. If you are under-age, you must have the prior authorization of your parents, guardians or legal representatives, who are warned that under current legislation, they will be held responsible for all acts performed by the minors in their care.

You can uninstall Chargy from your device or mobile terminal at any time using the different configuration options of the device, as well as request Chargy, or manage yourself through the tools we offer, your withdrawal as a user.

Your obligations

The access and/or contracting of Chargy's services implies your commitment to always make proper use of them, in accordance with these Conditions and, where appropriate, those specific ones applicable to each service and, in general, the current law and the principles of good faith, morals and public order.

In this sense, it is totally prohibited any access and/or use of Chargy contrary to the mentioned in the preceding paragraph with or without economic purpose, among others, those that may be illegal, abusive, fraudulent, or in general, that may prejudice the rights of Chargy and/or third party.

You are responsible for the use you choose to make of Chargy, including the content that you decide to share or send at any time through the services offered at Chargy. Although Chargy will do everything reasonably possible to monitor the legality of the contents placed in the platform, Chargy acts as a mere intermediary that makes its technological platform available to its users, assuming only and exclusively the responsibility derived from the diligence that could be enforceable by law.

If Chargy by its own means or at the request of a third party, detects a use of the service that could compromise the security, stability or normal operation of the service, Chargy will have the power to interrupt the service. The suspensions of the service derived from these circumstances, as well as any kind of consequences derived from it, will not generate in your favor any compensation, indemnification or reduction of the price of the service.

The non-compliance of your obligations as a user established in these conditions may imply the suspension and/or immediate withdrawal of the services and even the withdrawal as a registered user of Chargy; all of that without the right to receive compensation and/or reimbursement of any kind.

Payment services: contracting, rates and payment method

Chargy may condition the access and/or use of certain services in Chargy to the payment of a price or of a certain rate, as well as to the fulfillment of other legal, commercial or technical requirements such as the previous fulfillment of request forms of data of the User that are necessary. In these cases, the contracting of the payment services available in Chargy will be carried out, through the electronic means enabled on our website and/or mobile application, directly between the User and Chargy, the same being governed by these Conditions, as well as by any other additional condition that could be established for this purpose by Chargy.

Therefore, before contracting our products and/or payment services, remember to always check in the information available on our website and/or in the mobile application, its specific conditions, rates, applicable taxes, payment methods , compatible terminals, as well as the functionalities associated with them to assess whether they meet your expectations. In addition, if during the contracting process you detect that the data provided and/or payment method are incorrect, erroneous, or you want to modify them, Chargy can give you the option to correct them until the moment the contract is confirmed.

For these purposes, it will be applied the prices, bonds and/or, where appropriate, other economic conditions contracted in accordance with the rates and other general and/or particular conditions, offers, or promotions in force at the time of use. In this sense, Chargy reserves the right to modify the prices of its products and/or services at any time. If you continue to use the services once the price change has been communicated, we understand your acceptance.

Keep in mind that, in application of current consumer legislation, and in general, once you have completed the purchase or contracting, you will not be able to claim the return or refund of the amount paid, since due to the nature of the services provided by Chargy, they are exempt from the application of the right of withdrawal.

Regarding the payment method and unless otherwise indicated, this will be through the user's bank card, through a secure payment gateway (Virtual POS) or the payment platform offered in Chargy. Once the effective payment has been verified, Chargy will make available to the user the proof of contracting, which will include the details of the contracted services and their conditions.

Security and privacy

Remember that you are the only responsible for safeguarding your access codes to Chargy, as well as any possible damages and/or prejudices that may be caused due to unauthorized use of them.

We recommend you not to use a password that contains the same characters as your username, since it decreases your account protection.

In any case, the provision of false data is prohibited, therefore, you must always identify yourself with your real and truthful data, as well as provide an email and/or mobile phone number of your property through which your verification may be required. Chargy may temporarily deactivate or cancel any user account automatically without prior notice and without giving you the right of compensation or indemnification. As an example, when we have indications that you have been able to supplant the identity of a third party in Chargy, either in your user registration, in the contracting of our services and/or when verifying your email address or mobile phone number, we will proceed to verify your identity and/or your mobile phone number and, where appropriate, temporarily deactivate and/or cancel your Chargy account.

Likewise, Chargy may inform to the competent authorities or collaborate with them in the case of any possible violation of the current legislation detected in Chargy, especially if such infraction could involve the commission of crime.

In our Privacy and Cookies Policy we explain in more detail the data processing and privacy protection we carry out at Chargy.

When charging your Smartphone, keep in mind that if you connect the charger incorrectly, it could cause serious damage to the device.

Links policy and disclaimers

Chargy is not responsible for the content of the websites that the user can access through the links established in its Applications and/or websites and declares that in no case it will proceed to examine or exercise any control over the content from other websites. Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

Chargy declares that it has taken all necessary measures to avoid any damage to the Users of its Applications and/or websites, which may arise from browsing in its Applications and/or websites. Consequently, Chargy is not responsible, in any case, for any damages that the user may suffer from browsing the Internet.

Data Protection

In accordance to current regulations on Protection of Personal Data, we inform you that your data will be incorporated into the treatment system owned by Chargy Technologies, S.L. with CIF B-87503397 and registered office at Calle Cristobal Bordiú, 13 (28003 Madrid), in order to facilitate, expedite, and fulfill the commitments established between both parties. In compliance with current regulations, Chargy informs that the data will be kept for the period strictly necessary to comply with the precepts mentioned above.

Until you tell us otherwise, we will understand that your data has not been modified, that you agree to notify us of any change, and that we have your consent to use them for the aforementioned purposes.

Chargy informs that it will proceed to treat the data in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner. That is why Chargy undertakes to take all reasonable measures so that data are suppressed or rectified without delay when they are inaccurate.

In accordance with the rights conferred by current legislation on data protection you can exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition to the processing of your personal data as well as the consent given for the treatment of the same, addressing your request to the postal address indicated above or to the email: info@chargy.com.

You can go to the competent Control Authority to present the claim that you consider appropriate.

SSL Certificate (Secure Sockets Layer)

The SSL CERTIFICATE provides authentication, privacy and security of the information between Chargy Technologies, S.L. and the User.

Chargy has a security certificate that is used by SSL CERTIFICATE to make secure connections.

In this process several parameters are established to make the connection securely and it is established using preset keys, encoding and decoding all the data sent until the connection is closed.

Intellectual and industrial property rights

Chargy Technologies, S.L. by itself or as an assignee is the owner of all intellectual and industrial property rights of its Application and Website (including, without limitation, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Therefore, they will be works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and community regulations in this field, as well as the international treaties related to the subject and signed by Spain.

The user undertakes to respect the rights of Intellectual and Industrial Property owned by Chargy Technologies, S.L. You can visualize the elements of the Application or the Website and even print, copy and store them on your computer's hard drive or on any other physical medium if it is only and exclusively for your personal and private use. The user must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed in the Application or the Chargy Website.

Disclaimer

CHARGY DOES NOT GUARANTEE THAT THE WEBSITE, APPLICATION, CONTENT, SERVICES OR BENEFITS OF THE SAME DOES NOT CONTAIN ERRORS OR WILL NOT BE INTERRUPTED, NEITHER DOES COMMIT TO CORRECT ERRORS OR THAT THE USE OF THE WEBSITE, APPLICATION OR SERVICES WILL PROVIDE YOU SPECIFIC RESULTS. THE WEBSITE, APPLICATION AND ITS CONTENT ARE OFFERED AS THEY ARE AND ACCORDING TO AVAILABILITY. ALL INFORMATION PUBLISHED ON THE WEBSITE OR APPLICATION IS SUBJECT TO CHANGES WITHOUT NOTICE. CHARGY CANNOT ASSURE THAT THE FILES OR OTHER DATA DOWNLOADED FROM THE WEBSITE DO NOT CONTAIN VIRUSES OR OTHER DESTRUCTIVE FEATURES. CHARGY IS NOT RESPONSIBLE FOR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ACCURACY, NON-INFRINGEMENT, COMMERCIABILITY AND ITS ADAPTING FOR A SPECIFIC PURPOSE. CHARGY IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS AND CONDUCT OF THIRD PARTIES RELATED TO THE USE OF THE WEB SITE, APPLICATION OR CHARGY SERVICES. THE USE OF THE WEBSITE AND ITS LINKED SITES IS YOUR RESPONSIBILITY. THE ONLY WAY TO SHOW YOUR DISCONFORMITY WITH THE CHARGY WEBSITE, APPLICATION AND SERVICES AND ITS CONTENT IS TO STOP USING THEM. THIS LIMITATION OF LIABILITY IS PART OF THE CONSENSUS BETWEEN THE PARTIES.

The disclaimer specified above applies to damages, liabilities or prejudices caused by any malfunction, error, omission, interruption, elimination, defect, delay in operation or transfer, virus, communication line failure, theft or destruction, or by the unauthorized access, alteration or use, whether for breach of contract, negligence or any other cause.

At any time, and without prior notice, Chargy reserves the right to: (1) modify, suspend or terminate the operation or access to part or entire Website and Application for whatever reason; (2) modify or change part or entire Website and Application, as well as any applicable policy or condition; and (3) interrupt the operation of part or entire Website and Application when necessary to carry out maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no case Chargy will be liable for indirect, exemplary, accidental or incidental damages, including loss of earnings, even if it has been aware of the possibility that such damages could occur.

Compensation

You accept to indemnify and not demand or claim losses, expenses or responsibilities (including attorneys' fees) to Chargy, its directors, administrators, shareholders, predecessors, successors in interest, employees, agents, subsidiaries or associates, neither in your name nor in that of Third parties, because of your use of the Website and Application.

International use and language

You understand and share that Chargy is intended to be used by any person who meets these Conditions, in any country where its use is not contrary to current local laws or regulations. Likewise, Chargy may have certain restrictions, may not work properly, or all its services may not be available in every country.

The use of Chargy by users within a specific country will be under their responsibility. Only you are responsible for complying with the laws of the countries from which you register and/or access Chargy, as well as those from which you use our services.

Although these Conditions are offered translated into several languages to ensure that they can be read and understood by most of our Users, they declare to know and accept that the Spanish version will always prevail in the event that there could be contradictions between the different versions.

Applicable Law and Jurisdiction

The regulations in force will determine the laws that must govern and the jurisdiction that you should know about the relations between Chargy and the Users. However, in those cases in which the current regulations do not provide the obligation to submit to a specific jurisdiction or legislation, Chargy and its Users, waiving any other jurisdiction that may apply to them, submit to the courts and tribunals of Madrid Capital (Spain).