GENERAL TERMS AND CONDITIONS

Last modified: 26 September 2022.

1. GENERAL

1.1 These General Terms and Conditions (hereinafter 'the Conditions') apply to the use of the Blulinc App (hereinafter 'the App'). Via the App, drivers of electric vehicles (hereinafter 'you' and 'your') can locate charging stations connected to the Blulinc network (hereinafter 'the Charging Station Operator') and charge their vehicle for a fee (hereinafter 'the Services'). The Conditions apply to these Services.

The App is offered and managed by Blulinc N.V. – BE0775.669.111 – Booiebos 8a, 9031 Drongen

1.3 Blulinc reserves the right to amend 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 the Blulinc website. If you continue to use the App after the Terms and Conditions have been amended, you thereby accept the applicability of the amended Terms and Conditions. If you do not wish to agree to the amendment, you may terminate your use of the App.

2. USE OF 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 functionalities 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 at least eighteen (18) years old and in possession of a valid driving licence. It is not permitted to create an account in the name of another person.

2.4 When you create an account, you are required to choose a password. You are personally responsible for keeping your password secret. As soon as you have reason to suspect that your password has fallen into the hands of unauthorized persons, you must notify Blulinc without delay and take effective measures yourself immediately, such as changing your password, to prevent misuse. Blulinc is not liable for any (direct or indirect) damage resulting from any unauthorized access to your account. 

2.5 The use of the App and Blulinc account is at your own responsibility and risk. For example, it is not permitted to use the App or the Services while you are driving.

2.6 You shall refrain from using the App in a manner that is misleading, disruptive, or in any way contrary to applicable law or these Terms. You indemnify Blulinc against all damages arising from your use of the App and the Services.

2.7 Blulinc may restrict or block your usage options at any time (temporarily and/or partially) if you use the App in violation of the Terms, without prior notice or without Blulinc owing you any compensation for this.

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 commences at the moment the charging session is initiated. 

3.2 A charging session is manually initiated and terminated by yourself, unless otherwise stipulated in the Terms and Conditions.

3.3 If you are unable to end a specific session due to a technical problem (e.g. related to the mobile network), you must end the charging session by contacting the helpdesk via the following email address: hello@blulinc.com

4. PRICES AND PAYMENT

 General

4.1 You acknowledge and accept that starting 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 costs and the transaction costs via the chosen payment method. 

4.3 This also applies if a third party uses your account or vehicle.

4.4 There must be at least one valid means of payment at all times  be linked to your account.

Charging session costs and transaction costs

4.5 These costs associated with a charging session depend on various factors such as applicable energy prices, the duration of the charging session, etc. The prices are displayed on the App. The rates for a charging session are also partly determined by Blulinc's Charging Point Operator, over which Blulinc has no influence. 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 incorrect statement has been made, you must contact us immediately at billing@blulinc.com. Blulinc is no longer obliged to rectify an error if you have brought it to our attention more than thirty days after the transaction was carried out.

4.7 Blulinc bases its billing solely on its own charging session data, which you can consult in the App. It accepts no responsibility whatsoever in the event of any discrepancies in data that you may obtain from third parties (e.g., the manufacturer).

4.8 All prices displayed in the App include VAT.

Payment via credit card

4.9 When starting a charging session, your credit card details (such as card type and expiry date) and other financial data required for the payment are collected and temporarily stored. 

4.10 Our payment process is handled by payment processor STRIPE. 

Payment via Blulinc account

4.11 You can also top up the credit on your Blulinc account via bank transfer using a credit card. The balance of this Blulinc account is displayed in the App. When you indicate that you wish to pay using the Blulinc account, the amount to be paid is immediately deducted from the Blulinc account. 

4.12 The credit in your Blulinc account may also be made available by companies that have joined the Blulinc platform. The terms and conditions applicable to this (including payment and invoicing) can be found on the Blulinc Website. 

Solvency guarantee

4.13 When you pay d.m.v. your credit card, our payment processor performs a temporary pre-authorization on your credit card for verification. At the end of your loading session, the pre-authorized amount will be adjusted accordingly. You can contact your bank for more information about a pre-authorization.

4.14 When you pay d.m.v. In the event of insufficient credit on your Blulinc account, a similar 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 session, this pre-authorization will be used to pay the outstanding balance of the transaction. In these cases, an additional fee necessary to execute the financial transaction will also be charged.

5. PRIVACY

Your personal data will be processed for the use of the App. The Privacy Policy and the Cookie Policy of Blulinc apply to this. You can find more information about this in the Privacy Policy of the App.

6. RIGHTS REGARDING THE APP

6.1 All intellectual property rights relating to the App and the texts, photos, and other material accessible via the App belong to 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 within the context of the App, and solely for personal, non-commercial purposes.

6.3 It is not permitted to perform actions that may infringe upon the intellectual property rights of Blulinc, such as registering domain names, trademarks, or Google AdWords that resemble or are identical to any object to which Blulinc holds intellectual property rights, downloading, copying, modifying, scraping, reverse-engineering, or making public the App for purposes other than personal, non-commercial purposes, or in any other manner that causes damage to Blulinc.