Terms and Conditions

The following terms and conditions (hereinafter referred to as the "Terms and Conditions") govern the access to and use of the GOCHARGE electronic electric mobility services platform, available at https://webclient-gocharge.go-evio.com for business users and/or on the Play Store and App Store (hereinafter, the "GOCHARGE platform") for individual, business users or other entities registering on this platform (hereinafter, the "User" or the "Users").

1. The GOCHARGE platform is intended for users of electric vehicles, as well as economic agents and entities of the public or social sector that wish to enjoy and/or promote the benefits associated with electric mobility.

2. By accessing, installing, or using the GOCHARGE platform, the User expresses unreserved agreement with the Terms and Conditions and must therefore read them before using the GOCHARGE platform.

3. If you do not agree to the Terms and Conditions, you must not use the GOCHARGE platform or download or subscribe to any material or services that it makes available.

4. The services are made available to the User by the company GOCHARGE, S.A. with registered office at Avenida Vasco da Gama, 1410, Vila Nova de Gaia, collective entity no. 516883585 (hereinafter "GOCHARGE"), as commercial agent, who is the exclusive owner of all the rights to the GOCHARGE platform.

5. The User acknowledges that the services provided through the GOCHARGE platform are aimed at natural persons over the age of 18 and/or legal entities. In the case of a natural person, by accessing the GOCHARGE platform, the User declares to be over 18 years of age. The User acknowledges and accepts that the access and use of the GOCHARGE platform is the sole responsibility of the User and the User undertakes to use the GOCHARGE platform and its services in compliance with the Law and in accordance with the Terms and Conditions.

6. GOCHARGE reserves the right to modify and/or update the Terms and Conditions whenever it deems appropriate by giving fifteen days prior notice on the GOCHARGE platform and by sending an e-mail to registered users so that the changes may be made known in an informed manner to the users when they access the GOCHARGE platform and prior to a new use of the platform in accordance with the legal framework applicable to contracts of adhesion. Following a change to the Terms and Conditions and its communication to the User, the subsequent use of the GOCHARGE platform signifies the User's acceptance of the modified Terms and Conditions.

7. The different components of the tariffs and/or the formula for calculating the amount due at each moment by the user as a consideration for the GOCHARGE platform's services of using charging stations are made available to the user immediately before the respective operation is carried out using, for this purpose, information provided by GOCHARGE itself, as well as information provided by third parties, namely, network and/or charging station managing entities, regulators and tax authorities.

8. The Terms and Conditions are available in the GOCHARGE platform user applications for consultation by the User, except in the case of unavailability of systems or other error unrelated to GOCHARGE that prevents the information being made available.

9. The User must keep a copy of the Terms and Conditions in a separate file, on their device or in paper format, for future reference, notwithstanding that the digital records on the GOCHARGE platform associated with the provision of each service are deemed sufficient for the purposes of contractual proof.

10. The Terms and Conditions shall be governed and interpreted in accordance with Portuguese Law and the User agrees to submit to the exclusive jurisdiction of the Portuguese courts to resolve any disputes related thereto, without prejudice to the provisions of "Conflict resolution".

11. If the charging stations used under this contract do not belong to the GOCHARGE network, in such a case, the respective Terms and Conditions pertaining to the third-party entities responsible for the distribution of the service may apply. In such cases, GOCHARGE will act as the merchant and the entity identified as the distributor and it is the sole responsibility of the User to read and accept these Terms and Conditions.

12. The User expressly acknowledges that for the services described in the GOCHARGE platform to be provided, GOCHARGE needs to collect and process certain information from the User, including data of a personal nature.

13. Before using and subscribing to the GOCHARGE platform, the User must read the Privacy Policy, where the conditions for collecting and processing your personal data, your rights as well as other information relating to the processing of personal data carried out by GOCHARGE, subcontractors and third parties will be detailed.

14. The Cookies Policy is available for consultation by the User on the website https://www.gocharge.pt/pt/ , except in the case of unavailability of systems or other error unrelated to GOCHARGE that prevents the information being made available.

Services

15. The GOCHARGE platform allows the User to benefit from the following services and functionalities:

a) Electric mobility services, which include the use of charging stations and the charging of electric vehicles in spaces where there are charging stations connected to the GOCHARGE network.

b) Electric mobility services, which include the use of charging stations and the charging of electric vehicles at other network stations (roaming), at national and international level, which have an agreement and integration with GOCHARGE.

c) Management of charging stations and of the respective users.

d) Management of electric vehicle consumption and of the respective users.

e) Monitoring the status of services.

f) History of consumption and transactions.

g) Statistics on consumption.

h) Route planning.

i) Cost comparison between charging stations.

j) Location of charging stations and consultation of their availability.

k) Cost simulation in a charging station.

l) User Support, through FAQ and the "Contact Us" menu.

16. The GOCHARGE platform is available at https://webclient-gocharge.go-evio.com , and/or, as an App, at the Play Store and App Store, depending on the type of membership of the User. Access via smartphones requires the use of the IOS operating system (minimum supported version IOS 13.0) or Android (minimum supported version 6.0).

17. The use of the GOCHARGE platform and access to the respective services by natural persons requires the User to register on the cell phone App.

18. By registering on the GOCHARGE platform, the User will, for authentication purposes, receive an SMS, service provided by Twilio, and/or an email confirming registration.

19. By using the GOCHARGE platform, the User ensures that all personal data entered by the User is true, current, and complete. Any act of the User that is deemed by GOCHARGE to be illegal, fraudulent, or misleading gives GOCHARGE the right to disqualify the User from accessing the GOCHARGE platform, this disqualification may also be the result of a court decision or administrative order.

20. Access to and use of the GOCHARGE platform may be made in two ways, depending on the services concerned:

i) free of charge, limited to the services available for this purpose, with the user only bearing the costs of the data/telecommunications services and ii) against payment.

21. To use the paid services, the User must have correctly filled in their fiscal data (NIF - Tax Identification Number, in the case of a natural person, or NIPC - Legal Entity Identification Number, in the case of a legal entity) and associated at least one valid means of payment on the GOCHARGE platform, i.e., a credit card that allows online payments.

22. An electronic invoice will be issued corresponding to the uses of the paid services. The User hereby consents to receive exclusively an electronic invoice, which will be sent to the email address indicated by the User during the registration process.

23. The services described in number 15 have the following conditions of use:

24. Regarding the services described in lines a) and b) of number 15:

  i. GO CHARGE provides a service for Users of electric vehicles, which incorporates the use of a place for parking and charging.

ii. The GO CHARGE platform provides ad hoc charging on various networks through instantaneous contracts between EVIO and the User.

iii. By accessing the charging stations, the User undertakes to respect all the rules of use and technical and safety conditions applicable and posted at the charging station where the User is.

iv. The electric mobility service that includes charging begins with the activation of the service by the User through the GOCHARGE platform and ends with the respective deactivation.

v. Before starting the charging of your car and so that the service can be provided, the User must select the charging station and socket where you want to use the service and make your authentication. Authentication may be done by scanning a QR-Code (when available) or through an appropriate menu in the App or a physical card (when made available by GOCHARGE).

vi. The amount to be charged for the service will be measured through the time of use of the service and/or the kWh consumed, with the possibility of adding a service activation, roaming and/or parking component after the end of the charge. The values set depend on the quality of the charging location, the time of use of the charging station, the network where the charging stations are connected, the power of the location, points of interest at the locations and other available services. The user must consult the tariffs to be charged for each charging point in advance on the GOCHARGE platform. Depending on the networks and locations, third-party tariffs, fees, and taxes may apply.

vii. The costs that GOCHARGE may eventually incur related to the maximum time of use of the service or inactivity, as well as the costs of fines or towing services resulting from improper or abusive parking, will be charged to the User, in accordance with the provisions of the applicable legislation and/or regulations.

viii. GOCHARGE shall not be liable for any cost, damage, loss or profit that may result for the User from the unavailability or malfunctioning of the charging station selected through the GOCHARGE platform, such liability being realized by the User with the entity owning and/or responsible for operating the charging station.

25. At the end of the use of each service of use of a charging station subject to payment, the GOCHARGE platform will show the User the amount to be charged for the service provided, as well as the respective details.

26. In case of failure in the collection of the service, GOCHARGE reserves the right to block the use of all services by the User. To use the services again, the User must update their means of payment and pay the amount due.

27. GOCHARGE reserves the right to interrupt or suspend temporarily and without prior notice, access to the GOCHARGE platform for the period that it determines to be necessary for any reasons of a technical, administrative or force majeure nature. The User acknowledges that interruptions in service may occur due to a situation of force majeure, including earthquakes, floods, fires, epidemics, sabotage, strikes, international embargoes or blockades, acts of war or terrorism, riots, emergency situations, contingencies or a state of alarm caused by an epidemic or pandemic, as well as due to technical actions that must be performed on equipment in order for it to function properly or to improve service (for example, maintenance, repairs, unavailability of third party platforms or services, software updates to systems, servers, and/or charging stations). Outages, or reduction in the level of service, may also result from short term capacity shortages due to peak usage resulting from multiple Users accessing the GOCHARGE platform at the same time, while charging at full power.

28. GOCHARGE may always and without prior notice change the presentation and configuration of the GOCHARGE platform.

29. GOCHARGE undertakes to make its best efforts to maintain the operability and continuity of the GOCHARGE platform, to avoid the presence of viruses or other harmful elements that may cause changes to the User's computer system and to provide accurate and up-to-date information. However, and given the interconnection with different entities that are the source of information for the GOCHARGE platform, the contents may not always be up to date, despite the efforts made on a regular basis to this effect, nor does GOCHARGE guarantee that the GOCHARGE platform will always function correctly, quickly, uninterruptedly, and error-free. Equally GOCHARGE cannot guarantee the absence of viruses or harmful elements that may cause alterations to the User's computer systems, electronic documents, or files.

30. In particular, and except in the case of willful or grossly negligent actions on the part of GOCHARGE in accordance with the law, GOCHARGE shall not be liable for any damage or loss incurred by the User that may result from:

a) Mobile devices used by the User.

b) Impossibility or difficulties in using the GOCHARGE platform including but not limited to delays, interruptions, breakdowns, suspension of communications, viruses, suspension, or any other impediment of the servers where the system is hosted.

c) Delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems.

d) Possible errors or security deficiencies that may occur due to the use, by the User, of outdated or insecure equipment, terminals, or browsers.

e) Lack of quality, timeliness, truthfulness, legality, accuracy, completeness, reliability and/or suitability of content prepared, produced, or issued by third parties, as well as the existence of vices or defects of any kind in the content transmitted, disseminated, stored and/or made available to the Users by such third parties that the Users access through the GOCHARGE platform or the services offered.

f) Acts of third parties that violate intellectual property rights, trade secrets, right to honor, personal privacy and self-image as well as the laws on unfair competition and illegal advertising.

g) Accessibility, functioning or availability of contents, information and services offered by third parties on the portals linked to the GOCHARGE platform, as well as of their quality, lawfulness, reliability, and usefulness. The User acknowledges that the GOCHARGE platform may be hyperlinked to other websites and that GOCHARGE is not, directly, or indirectly, suggesting any approval, association, link, or relationship with the hyperlinked website, unless specifically set out therein. By entering the GOCHARGE platform, the User acknowledges and accepts that GOCHARGE has not reviewed all the sites hyperlinked to the GOCHARGE platform and is not responsible for the content of any of the off-site pages or any site hyperlinked to it. The User's linking to any other off-site pages or other sites is at the User's own risk.

31. GOCHARGE will delete content made available by third parties on the GOCHARGE platform if it has actual knowledge that this content is manifestly illegal or infringes the rights of third parties or if this is ordered by a court decision or administrative order.

32. The use and quality of the GOCHARGE platform, when accessed via App, depends on the mobile device used to access it, and the User must ensure that the equipment and the respective operating system used support the App. By downloading the App, the User acknowledges and accepts that his mobile device allows the operation of that App.

33. It is the User's responsibility to keep and maintain the mobile device on which they download the App in safe conditions and follow the security practices advised by the manufacturer and the telecommunications operator, installing, and maintaining the necessary security mechanisms, including an antivirus.

34. Any failure in the operation of the App resulting from the failure to comply with the provisions of the preceding paragraphs shall be the sole responsibility of the User, the latter recognizing that in no event shall GOCHARGE be liable.

35. The GOCHARGE platform (including its App) is provided for the exclusive use of the User, who undertakes to make use of it in accordance with the Law and the Terms and Conditions, undertaking not to use it for purposes that are unlawful, contrary to the Terms and Conditions, harmful to the rights and interests of third parties or that in any way may damage, render useless, overload, or deteriorate the normal operation of the GOCHARGE platform.

36. GOCHARGE reserves the right to block the User's access to the App, as well as to its functionalities, in case the User does not comply with the provisions of paragraphs 32, 33, and 34.

37. The User must report to GOCHARGE any anomalies that they detect regarding the use of the GOCHARGE platform, as well as any fraudulent actions of third parties. The User is prohibited from abusive use of the applications and the GOCHARGE platform.

38. The content and structure of the GOCHARGE platform, including applications, software, algorithms, architecture, design, look & feel, database, libraries, derivative works and future developments is protected by GOCHARGE intellectual property rights, which cover copyright and related rights and industrial property rights under Portuguese and European law, including, but not limited to, sui generis database copyright, design rights advertising works and elements, inventions (including patents and industrial models), models and designs, distinctive trade signs (including trademarks, logos, awards, establishment names and insignia), trade names and trade names, as well as trade secrets, know-how and all other rights of a similar character, including applications and applications for registration and regardless of whether such registration has been made or whether the rights in question are not subject to registration.

39. It is prohibited under any circumstances to adapt, attempt to modify, or alter the source code, to reverse engineer, to create derivative works of the software, to decompile or disassemble, in whole or in part, any of the elements that make up the GOCHARGE platform, as well as to reproduce, transfer, assign, rent, sell or in any other way transmit rights of use of the GOCHARGE platform, temporarily or permanently, unless expressly permitted by GOCHARGE. 

40. Any attempts to tamper with the contents or the structure of the GOCHARGE platform and its ancillary media, or any other action that may cause damage and put at risk the integrity of the system, may be subject to prosecution.

41. GOCHARGE may terminate the contract of adherence to these Terms and Conditions in respect of a User where any breach of these Terms and Conditions occurs by written notice.

42. The Terms and Conditions shall also terminate when GOCHARGE or the User terminates them by giving 15 days and 30 days prior written notice.

43. The occurrence of any of the above situations will result in the termination/impediment of the use of the GOCHARGE platform by the User.

44. In cases where the User is a natural person acting, in the context of these Terms and Conditions, for purposes that do not fall within the scope of his commercial, industrial, handicraft or professional activity (i.e. a consumer) and has subscribed for B2C services with associated payment through the GOCHARGE platform, he is entitled, freely, without the need to state a reason, and without the payment of compensation, to terminate the contract within 14 days from the date of subscription to the services.

45. The provisions of the previous paragraph do not affect the User's obligation to make payment of the amount corresponding to the services provided until the moment of the communication of termination if they have started within the aforementioned period of 14 days from the subscription date.

46. Should the User wish to exercise the right to withdraw from the contract as provided for in paragraph 44, the User shall notify GOCHARGE within the aforementioned period of 14 days of their decision to withdraw by means of an unequivocal declaration, which may be communicated to the email address suporte@gocharge.pt .

47. For the purposes of the preceding paragraph, the User may, on an optional basis, use the free-withdrawal form which constitutes annex ll to these Terms and Conditions.

48. Should GOCHARGE need to contact the User, it may use the following channels: letter, e-mail, SMS and push notifications.

49. Subject to the User's consent, GOCHARGE may send communications regarding:

a) New features and services of the GOCHARGE App.

b) New GOCHARGE products and promotions.

c) Newsletters and other marketing information regarding the GOCHARGE brand and its partnerships.

50. The User may contact GOCHARGE through the following channels:

a) Commercial telephone service, through the number provided in the GOCHARGE platform for this purpose, available during the hours of Continental Portugal from 9am to 6pm on working days (Monday to Friday).

b) Through the electronic contact form available at https://www.gocharge.pt/pt/ .

c) Through the email address suporte@gocharge.pt .

d) Through the support function existing in the GOCHARGE App for cell phones.

e) By letter, sent to the address Av. Vasco da Gama, 1410, 4430-247 Vila Nova de Gaia.

51. In the event of any conflict, about the interpretation, execution, and application of the applicable legal or contractual provisions, the User and GOCHARGE shall endeavor to resolve it amicably.

52. Without prejudice to the possibility of resorting to the courts, the User of B2C services may choose to request the intervention of an entity for alternative dispute resolution, namely through the use of arbitration and mediation of conflicts mechanisms provided on the website of the Directorate General for the Consumer in https://www.consumidor.gov.pt/ral-mapa-e-lista-de- entities.aspx and listed below:

CNIACC - National Center for Information and Arbitration of Consumer Conflicts (www.arbitragemdeconsumo.org); CIMAAL - Algarve Consumer Conflict Information, Mediation and Arbitration Center (www.consumidoronline.pt ); Consumer Conflict Arbitration Center of the District of Coimbra (www.centrodearbitragemdecoimbra.com );

Centro de Arbitragem de Conflitos de Consumo de Lisboa (www.centroarbitragemlisboa.pt ); Centro de Informação de Consumo e Arbitragem do Porto (www.cicap.pt ); Centro de Arbitragem de Conflitos de Consumo do Vale do Ave (www.triave.pt ); Centro de Informação, Mediação e Arbitragem de Consumo (www.ciab.pt ); Centro de Arbitragem de Conflitos de Consumo da Madeira (www.srrh.gov-madeira.pt ) and Centro de Arbitragem da Universidade Autónoma de Lisboa (http://arbitragem.autonoma.pt ).

 

The GOCHARGE platform provides ad hoc charging on the MOBI.E network through instantaneous contracts between EVIO, as the electricity trader for electric mobility, holder of registration no. 20, dated July 10, 2020 ("CEME"), and the User, under the conditions set out in the following paragraphs:

1. By accessing the charging stations of the MOBI.E network, the User undertakes to comply with the Conditions of Use of the Electric Mobility Network (available at https://www.mobie.pt/utilizar-a-rede ) in force at all times and to respect all the rules of use and technical and safety conditions applicable and posted at the charging station where the User is.

2. The supply price due by the User for each electric vehicle battery charge is made up of the sum of the following components:

a) Energy price, as a function of the total amount of electricity in kilowatt hours (kWh) supplied in each charge.

b) Price for the use of the charging point, posted on the site and charged by the operator of the charging point ("OPC") to EVIO, as the EMC, which will pass it on to the price due by the user.

c) Activation tariffs charged by the CEME and OPC.

d) Tariffs for access to the electricity networks for electric mobility, set by the Energy Services Regulatory Authority ("ERSE"), calculated according to the type of supply (point of delivery from the Public Service Electricity Network to the electric mobility network in low voltage or medium voltage) and period.

e) VAT at the legal rate in force at the time of issuing the invoice, Special Consumption Tax, as well as any other taxes, fees, charges or contributions legally applicable to the supply of electricity for electric mobility at the time of issuing the invoice.

f) Financial support from the State in the form of a discount to be applied to the cost of each charge registered in the Portuguese electric mobility network.

3. The User is informed and gives consent to a possible processing of personal data (email address) by the Electric Mobility Management Entity ("EGME") for the purpose of notification of termination of the electric mobility network membership contract regarding CEME EVIO, under the terms foreseen in the Electric Mobility Regulation.

4. The User may submit a complaint through any of the service channels referred to in the previous number or through the complaint book in electronic format, access to which is made available through the web page.

5. EVIO is obliged to answer all complaints addressed to it through any of the service channels mentioned above within a maximum period of 15 working days after the date of receipt.

6. EVIO shall not be obliged to pay any compensation to the Customer in situations caused by unforeseen circumstances or force majeure, as defined in article 8 of the Quality-of-Service Regulation, approved by Regulation no. 406/2021, of May 12, from ERSE.