QRID Terms and Conditions
1 Definitions
In these Terms of Use, the following terms whether used in singular or plural shall have the following meanings:
Account: the account created by Driver through which Driver accesses the QRID App;
Login data: the e-mail address and password used to access the Account within the QRID App;
App store: the app store available on Driver's compatible mobile terminal using iOS or Android where the App can be downloaded
Driver: the natural person using the QRID App;
Payment Service: a provider of a payment service which enables the payment of an In-App Purchase.
Content: all material posted by MTc and/or the Site Holder in the QRID App, including but not limited to information, photographs and hyperlinks;
Terms of Use: these terms and conditions which apply from the time Driver has downloaded the QRID App onto a compatible mobile terminal;
IP Rights: all intellectual property and related rights, such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how;
In-app Purchase: purchase of a Charging Session from Location owner in the QRID App;
Login data: the e-mail address and password used to access the Account within the QRID App;
Charging Point: a facility at the Location owner that can be used to charge the battery of an electric vehicle;
Charging Session: a session during which Driver can charge his electric vehicle at a Location owner’s Charging Point which is initiated from the App;
Location owner: the legal entity which has electric charging infrastructure on its premises and which establishes a price proposition in the Qrid Portal and communicates it to Driver via the QRID App;
MTc: Multi Tank Card B.V., a private limited liability company, having its registered office at (2132 JE) Hoofddorp, Municipality of Haarlemmermeer, at Antareslaan 39, registered in the Trade Register of the Chamber of Commerce under number 34069864;
Agreement: the agreement concluded between MTc and Driver concerning the use of the QRID App consisting of the Terms of Use, the Privacy Statement and the SLA;
Privacy Statement: the document setting out how MTc handles the processing of personal data which can be accessed and downloaded in the QRID App;
QRID App: the application commissioned by MTc and made available by it to Driver;
Qrid Portal: the portal where Location owner can enter propositions and make them available to a Driver via the QRID App.
2 General
These Terms of Use apply the moment Driver downloads the QRID App via an App store. By using the QRID App, Driver agrees to these Terms of Use.
MTc may amend or supplement these Terms of Use. The most up-to-date version of the Terms of Use can be found in the QRID App. If the Terms of Use are amended, the Driver shall be notified thereof and MTc shall ask the Driver to accept the amended terms. If Driver does not agree to the amended or supplemented Terms of Use, Driver will be logged out of the QRID App and can no longer use it.
If MTc amends the Terms of Use to such an extent as to constitute a substantial change such as a completely changed provision of services by MTc, the Driver shall be entitled to terminate the Contract.
If and to the extent any provision in these Terms of Use is, appears or becomes invalid, void or unenforceable in whole or in part, such invalidity, voidability or unenforceability shall not affect the remaining provisions and these Terms of Use shall otherwise remain in full force and effect.
Charging sessions are provided by Location owners and not through MTc. MTc is not responsible for the Charging Point used by Driver at the Location owner. MTc is not responsible for the malfunction of a Charging Point or if the Charging Point has caused damage to the Driver's vehicle, for example. In such cases, Driver should contact the relevant Location owner.
3 QRID App
Software has been developed on behalf of MTc to enable Site Holders to make a dynamic price offer when Driver uses the electric charging infrastructure at the Site Holder's premises. The Location owner communicates that offer to Driver via the QRID App.
MTc shall provide the QRID App with the utmost care for the benefit of Driver. This is a best-efforts obligation, MTc cannot guarantee that the QRID App will be available to Driver at all times. The use of the QRID App is always at the Driver's own risk and responsibility. MTc does not guarantee:
- That the QRID App will be accessible at all times and without interruptions, defects or failures;
- That the information provided via the QRID App is accurate, up-to-date and complete.
MTc shall be entitled to change (e.g. in the event of updates or if (legislative) changes give rise to them), discontinue or terminate the QRID App. MTc shall inform the Driver in the event of the cessation or termination of the QRID App. MTc shall not be obliged to pay any compensation in the event that the QRID App is changed, discontinued or terminated.
To make the QRID App available, MTc uses third-party services such as Location owners for Charging sessions and Payment Services for the financial settlement of Driver's transactions.
4 App use
The QRID App is distributed by MTc via an App-store where the Driver can download the QRID App. In order to use the QRID App, Driver must download it on the App-store available for his device. Driver acknowledges and agrees that relevant terms of use and general terms and conditions of the App-store operator shall apply. MTc is not a party to the contractual relationship between Driver and operator of the App-store.
The use of any App-store is entirely at the risk and responsibility of the Driver. MTc is not a party to the agreement entered into by the Driver with the relevant App-store for its use.
In order to use the QRID App, Driver must create an Account. The registration process will request the provision of first and last name, an email address and password for the purpose of creating the Account. Driver is solely responsible for providing a secure password and keeping Login Data secure.
The Login Details are strictly personal, Driver may not share them with third parties to provide them with access to the QRID App. MTc may reasonably assume that all activities taking place within the QRID App are the result of Driver's actions. All use of the QRID App and the actions resulting from it using Driver's Login Data are at Driver's risk and responsibility.
As soon as the Driver knows or has reason to suspect that Registration Data has fallen into the hands of unauthorised persons, the Driver must inform MTc, without prejudice to the Driver's own obligation to take effective action immediately.
MTc may decide to block, deactivate or delete the Driver's Account if these Terms of Use are not complied with and/or have not been complied with in the past or because it has a (different) legitimate reason to do so, without being liable to pay any compensation for damages. MTc may in such cases temporarily or permanently deny access to the QRID App, depending on the nature, seriousness and duration of the breach.
5 Cost
The QRID App can be downloaded free of charge from an App store. Rates of the propositions issued by Location owner can be consulted by the Driver in the QRID App.
6 In-App purchases
The QRID App allows a purchase to initiate a one-time Charging Session. Driver initiates a Charging Session by scanning the QR code at the Charging Point. Driver is redirected to a payment environment of the Payment Service when making an In-App Purchase. After Driver completes the In-App Purchase, the Charging Session is initiated.
7 Privacy
MTc processes personal data of Driver when Driver uses the QRID App. The use of the QRID App is subject to the privacy statement of QRID. The privacy statement can be consulted via the QRID App.
8 Intellectual property rights
The IP rights in respect of the QRID App, as well as the Content made accessible via the QRID App, are vested in MTc, Location owner and/or its licensor(s). Nothing in these Terms of Use is intended to transfer or waive any IP Rights to Driver.
MTc grants Driver a personal non-exclusive, non-transferable and non-sublicensable right of use to install and/or use the QRID App on Driver's device. Driver is expressly prohibited from providing access to the Account to third parties.
The Driver is expressly prohibited from accessing, copying, modifying, reverse-engineering, disclosing or using the QRID App for any purpose other than the purposes specified in the Terms of Use, unless MTc has given its consent or mandatory Dutch law permits such use.
MTc reserves the right to revoke the Licence with immediate effect if the Driver breaches these Terms of Use, misuses the QRID App or if MTc decides to stop offering the QRID App.
Except to the extent permitted under mandatory law, Driver may not modify, reproduce or decompile the QRID App, including the QRID App, or apply reverse engineering to the QRID App. In addition, it is not permitted to remove or circumvent security measures or technical restrictions (on use) of the QRID App.
9 Duration and termination
These Terms of Use apply from the moment Driver has downloaded the QRID App and shall continue to apply for as long as Driver continues to use the QRID App.
Driver may terminate the Agreement at any time by deleting the Account (or having it deleted).
MTc shall be entitled to immediately terminate the Contract if the Driver breaches the Terms of Use, misuses the QRID App or if MTc decides to no longer offer the QRID App.
10 Guarantees, Indemnification and Liability
The QRID App is offered ''as is''. Its use shall be at the Driver's own expense and risk. MTc expressly excludes express and tacit warranties, undertakings and indemnities of any kind, including with regard to the quality, security, integrity and accuracy of the QRID App.
The Driver acknowledges and accepts that (technical) imperfections may occur and that (maintenance) work may take place, as a result of which the QRID App may be (temporarily) unavailable. MTc shall not be liable for any loss suffered by Driver as a result thereof.
MTc shall carry out regular maintenance of the QRID App. This includes the release of updates. These updates include normal maintenance of the software, fixing bugs and providing fixes. These updates may also include significant changes, including but not limited to, security updates. It is Rider's responsibility to keep the QRID App on the device up to date.
MTc shall not be liable for:
- loss, damage, inaccuracy and/or incompleteness of data (including Content);
- errors in data transmission, failure or unavailability of computer, smartphone, tablet, data or telecommunications facilities, including the internet;
- the availability and operation of a Site Holder's Charging Point.
MTc shall not be liable for any loss suffered by the Driver as a result of careless use of the QRID App or of a Charging Point. In this respect, the Driver shall indemnify MTc against any third-party claims.
11 Applicable law and disputes
These Terms of Use are governed by Dutch law.
Any disputes which may arise pursuant to or as a result of a contract between MTc and the Driver shall be submitted to the competent court in Noord-Holland, location Haarlem.