Terms & Conditions

pcharge® Terms of Service
Last Updated: March 20, 2024

Please read these terms of service ("Terms of Service") carefully as they govern the use of your pcharge Account and/or the pcharge Card and related services ("Services").

pcharge may update these Terms of Service from time to time, which are published here. If you have previously created a pcharge account based upon terms of service which are subject to an update, pcharge shall provide you with a respective notification at least sixty (60) days prior to the updated Terms of Service taking effect. By continuing to utilize the Services after the date any changes to the Terms of Service take effect, you agree to those terms. If you do not agree with any changes, you may terminate your account (refer to Section 5.2 below).

You accept that communication between you and us may be online or through e-mail. To the extent applicable and unless translation in local language is available, we communicate in English.

1.    GENERAL:

1.1    The Services described under these Terms of Service are offered and operated by Petrolina (Holdings) Public Ltd., a public listed company in the Cyprus Stock Exchange (CSE), (i) registered in the Republic of Cyprus under registration number ΗΕ1018 and (ii) has Tax I.D. 12001018L (also referred to as "us" and "pcharge"). You can contact us using any of the options mentioned under 3.7 below.

1.2    These Terms of Service cover all products and services that pcharge provides to you, in particular, but not limited to,

• your pcharge Account, which among other things, provides you access to pcharge Enabled Station(s) to plug in your electric vehicle ("EV"), the ability to locate stations, set up notifications and reminders and utilize other features, get updates and track your charging usage ("pcharge Account");
• pcharge's collection of fees charged at pcharge Enabled Stations (as defined below) for access to such charging stations;
• your use of access devices (each, an "Access Device"), including, without limitation, radio frequency identification card(s) known as "pcharge Card(s)" and access through pcharge mobile application(s) ("App"), that permit you access to those charging stations on pcharge that you are authorized to use as well as to charging stations operated by other EV charging station networks with whom pcharge has a roaming agreement (all of such charging stations are referred to in these Terms of Service as "pcharge Enabled Station(s)");
• your use of pcharge's App as detailed in Exhibit A (App User Policy); and
• if you are part of a program (an "Employer Program") offered by your employer pursuant to which you are reimbursed for the costs of charging your EV at home, and pcharge is responsible for reimbursing such costs to you, pcharge's determination of the amount due to you for such costs and payment by pcharge of such amounts to you.

1.3    If you are submitting a pcharge Account application in connection with an offer or programme ("Programme") offered by pcharge in conjunction with one of its partners (each, a "Programme Partner") or an Employer Programme, or are otherwise enrolling in a Programme or Employer Programme, additional programme-specific terms and conditions made available to you may apply to your participation in such Programme ("Programme Terms"). To the extent there is a conflict between these Terms of Service and any Programme Terms, the Programme Terms shall prevail as they relate to your participation in the Programme.

2.    YOUR OBLIGATIONS:

You agree to:
2.1    Pay all the fees incurred by you ("Session Fees") for access to a pcharge Enabled Station using your Access Device, a customer service agent or in any other way. You are responsible for paying any associated fees and other charges imposed.

2.2    Use your Access Device solely in accordance with these Terms of Service as well as Access Device-specific instructions (if any) provided to you by pcharge.

2.3    Obey all applicable laws and regulations, and make yourself familiar with, and then comply with, any lawful policies and rules of the owner of the pcharge Enabled Stations ("Hosts") and/or the owner of the property on which the pcharge Enabled Stations are located.

2.4    Promptly review your statement and notify pcharge customer service of any questions regarding Session Fees. Session Fees not questioned within a reasonable time of the statement will be deemed valid.

2.5    Promptly update online any changes to your name, email address, postal address, and any applicable credit card or other acceptable payment method information (hereinafter referred to as "Payment Method"), including, without limitation, the applicable account number, expiry date, when that new information is first known. For clarity, you remain liable for all Session Fees billed to your account regardless of whether you have notified pcharge customer service of any changes in your pcharge Card(s) until you have terminated your pcharge Account in accordance with Section 5.2 below.

2.6    You must not make your Access Device available to third parties or allow a third party to use your pcharge App, and you must keep your login credentials, especially your password, secret at all times. If you discover or suspect that your Access Device has been lost or stolen, or if you suspect any other form of abuse of the Services, you must immediately notify pcharge using any of the options mentioned under 3.7 below. pcharge will then block the pcharge Card and login credentials for other Access Devices against further use.

2.7    pcharge will collect Session Fees incurred by you, inclusive of Value Added Tax amounts ("VAT") for using the pcharge Enabled Station.

3.    PCHARGE ACCOUNT AND PCHARGE SERVICES:
The Services, provided by pcharge under the Terms of Service include providing you with:
   a.    full access to, and use of our App;
   b.    the ability to use your Access Device to access pcharge Enabled Stations;
   c.    the ability to have and maintain a payment method in your pcharge Account for the purpose of paying Session Fees.

3.1    REGISTERING YOUR PCHARGE ACCOUNT

You submit your application to obtain a pcharge Account by completing the required information on the App accepting these Terms of Service by ticking the relevant box and checking that all information is accurate and by correcting any mistakes (if any) before sending us your application by clicking the corresponding button. pcharge accepts your application by notifying you by email of the creation of your pcharge Account and giving you access to it, with the provision, however, that pcharge reserves the right to reject any user's application if it has a legitimate reason to do so. The Terms of Service between you and pcharge will be concluded upon our acceptance of your application. 

3.2    PCHARGE CARD BILLING: 

3.2.1    Your pcharge Card is linked to your pcharge Account and may be used to pay Session Fees at any publicly accessible Pcharge Enabled Stations, and at any private pcharge Enabled Stations you are authorized to use.

3.2.2    When using your Access Device for the payment of Session Fees, your pcharge Card will be read by the applicable pcharge Enabled Stations and a record of your transaction will be created. Session Fees will be charged to your pcharge Account in accordance with the price configured by the Host and visible to you at any time via the pcharge App. Please note that pcharge does not set pricing for all the pcharge Enabled Stations. You should be aware that some Hosts charge varying amounts depending upon the length of your stay at their pcharge Enabled Stations.

3.2.3    If you use, or allow another person to use, your Access Device at any pcharge Enabled Stations, you agree to pay the Session Fees incurred as a result of such use. pcharge may share with the Host any information contained in your pcharge Account necessary for the purposes of processing and collecting Session Fees.

3.3    PAYMENT METHOD INFORMATION, PRE-AUTHORISATION, FEES, AND CHARGES:

3.3.1    You are not required to provide Payment Method information in order to create a pcharge Account. If you decline to provide Payment Method information, you will be prompted to provide that information the first time you attempt to access a pcharge Enabled Stations that requires payment in order to charge. In any event, your Payment Method will not be charged until the first time you use your Access Device at a pcharge Enabled Stations that requires payment.
3.3.2    You will be prompted to provide your Payment Method information the first time you attempt to charge at a pcharge Enabled Station that requires payment. At that time, pcharge will validate your pcharge Account by charging a pre-authorisation amount of 1 euro, to your Payment Method on your pcharge Account, which will be returned once verification is complete. The Session Fees associated with your charging session will be deducted from your Payment Method. Parking Fees are also included in the applicable Session Fees, which will be described in the rate detailed description and pricing information in the app. pcharge does not charge delivery, payment, or other fees for delivering the amount charged to your account or the other services under this Section 3. pcharge will make available to you through your pcharge Account of both the amount charged and the charging date. To the extent permitted under applicable laws you accept to be provided with receipts after every completed session, in electronic format only.

3.3.3    There will be no interest or other benefits accruing on any prepaid balances in your pcharge Card. In the event that the balance in your pcharge Account cannot be  pre-authorised because payment on your Payment Method is declined,  or properly maintain your account, pcharge may close your account after giving notice pursuant to any applicable statutory provisions and,

When you use a third-party network provider that has a roaming agreement with Pcharge either directly or through a "Clearinghouse" (i.e. a hub for technical integration with multiple roaming partners), Pcharge will collect the following information about you ("Roaming Data"). Roaming Data includes: the charging session's date, start time, end time, duration, identification number, energy dispensed, charging port identification number, total fees associated with each charging session, pricing policy applied, and either an Access Card Identification Number or an EV Contract ID. You will have access to Roaming Data through your Account. You agree to abide by all of the terms and conditions of a third-party network when using it to charge your EV.

3.4    ACCESS DEVICES:

3.4.1    If a pcharge Card fails to operate for reasons other than abuse or improper use and is returned to the pcharge customer service centre, pcharge will replace that pcharge Card at no charge.

3.4.2    If your Access Device is lost or stolen, you must delete your Access Device from your pcharge Account without delay, or, if you do not have access to the internet, without delay report such loss or event to pcharge customer service (see contact information at the end of this document).

3.5    USING THE PCHARGE WEBSITE OR APP:

3.5.1    You may access and use pcharge's website and App(s) to obtain information regarding pcharge Enabled Stations locations, trip mapping and other content and features that pcharge may make available.

3.5.2    pcharge offers pcharge Cards branded with the pcharge name, or, in some instances, with the brand of a third party (each, a "Branding Affiliate"). Regardless of such branding, Pcharge remains solely responsible for the operation of the pcharge network, including pcharge Cards. Contractual and other claims that result from the pcharge Cards and/or the other Services (if any) are, therefore, to be addressed to pcharge, and not the Branding Affiliate.

3.6    USER SUPPORT:

pcharge provides user support and troubleshooting for the Services through its designated support channels either itself or, where suitable and/or more efficient, through a third-party service provider.

3.7    RIGHT OF WITHDRAWAL:
If you are a consumer within the definition of the applicable law, you have a statutory right to withdraw from the contract made under these Terms of Service on which pcharge instructs you as follows:

Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from the Terms of Service within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the Terms of Service.
To exercise the right of withdrawal, you must inform us by notifying pcharge, via electronic transmission at   
To meet the withdrawal deadline, it is sufficient for you to send. your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, pcharge shall reimburse to you all payments received from you with exception of used Services as further explained below, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which Pcharge is informed about your decision to withdraw from this contract. Pcharge will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of Services during the withdrawal period, you shall pay pcharge an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Important Information
Your right of withdrawal lapses prematurely if Pcharge has rendered the complete service owed and if pcharge only commenced rendering the service after you had expressly consented to our doing so, confirming at the same time that you knew that you would lose your right of withdrawal on completion of our contractual performance.

Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To contact@pcharge.com.cy or Petrolina (Holdings) Public Ltd., located at 1 Kilkis Street, Larnaca, Cyprus, 6015. I/We (*) hereby give notice that I/We (*) withdraw from my/our Terms of Service for the provision of Pcharge Services,
- Entered into on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
___________
(*) Delete as appropriate.

3.8    OFFERS FROM OTHER ORGANISATIONS: 
From time to time, you may receive offers through Pcharge from other organisations. Acceptance and performance under those offers is strictly between you and those organisations. Pcharge does not assume responsibility for any performance by these organisations. Pcharge is not liable for or as a result of any such offers you receive from those organisations, and you agree to look solely to those organisations for the performance of the offers. These organisations conduct business for themselves and are not part of the Pcharge business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personal data you provide to them.

4.    CHARGING YOUR EV:
4.1    You may use your Access Device at any Pcharge Enabled Station.

4.2    To start charging at a Pcharge Enabled Station, your Payment Method will be pre-authorised for validation for the first time is used. The amount will be returned to your Payment Method. 

4.3    After you have charged your EV at a Pcharge Enabled Station using your Access Device, the applicable Session Fees will be charged to your Payment Method in your Pcharge Account. 

5.    TERM AND TERMINATION:

5.1    These Terms of Service are in effect until terminated as per Section 6.2 below.

5.2    Either party may terminate these Terms of Service at any time and for any reason by giving notice to contact@pcharge.com.cy,  and in accordance with any applicable statutory provisions. In the event that Pcharge terminates these present Terms of Service, you will be notified within a reasonable period of time, unless you are in breach of these Terms of Service. If Pcharge requests, or if you wish to terminate your Pcharge Account, you must return all of your Pcharge Cards to Pcharge card center.

6.    INDEMNITY: 
To the extent permitted by law, You agree to indemnify Pcharge and its directors, officers and employees, (collectively, the "Indemnitees") from all liability for any loss, damage or injury to persons or property arising from or related to your culpable misuse or misapplication of your Access Device or otherwise for your negligence.

7.    PCHARGE'S LIABILITY:

7.1    Pcharge shall be liable in accordance with the applicable statutory provisions (whether in contract, tort or otherwise) for damages suffered by you that,

7.1.1    have been caused as a result of Pcharge, its legal representatives, its agents or auxiliaries having acted, or having failed to act where there was a duty for Pcharge to act, in gross negligence or with wilful or malicious intent (which includes fraud or fraudulent misrepresentation);

7.1.2    have occurred as a result of a breach of a guarantee (the term "guarantee" in accordance with the applicable statutory meaning);

7.1.3    have occurred as a result of Pcharge breaching a material contractual obligation (as regards the term "material contractual obligation" see Section 8.2);

7.1.4    that are a result of a culpably caused injury to life, limb or health; and/or

7.1.5    that are subject to product liability under any applicable product liability rules.
In cases of negligence (other than gross negligence) in breaching a material obligation under the Terms of Service, Pcharge's liability shall be limited to damages that are typically foreseeable in the context of a contract such as the agreement under these Terms of Service. The foregoing limitation of liability shall, however, not apply where the damages result from culpably caused injuries to life, limb or health, fraud or fraudulent misrepresentation, wilful misconduct or a breach of a guarantee (as defined in Section 8.1.2) or where the mandatory applicable law does not permit to limit nor exclude Pcharge´s liability in such cases.

7.2    "Material contractual obligations" are such contractual obligations, the fulfilment of which is essential for the proper performance of the agreement and on which the contractual partner may rightfully rely, and that, on the other hand, jeopardise the aim and purpose of the agreement if breached.

7.3    Any liability other than or beyond the liability provided in Sections 7.1 and 7.2 is excluded unless otherwise provided under mandatory consumer protection laws in the country of your domicile or any other mandatory applicable law.

7.4    Other than in cases that fall under 7.1 above, Pcharge's aggregate liability under this Agreement shall not exceed aggregate Session Fees paid by you to Pcharge in the twelve (12) calendar months prior to the event giving rise to the liability.

7.5    You are responsible for ensuring the routine backup of your data. Irrespective of Sections 7.1 and 7.2, if you suffer damages that result from the loss of data, Pcharge shall in any case only be liable for such damages if and insofar as the damages could not have been avoided by you carrying out data backups of all relevant data at regular intervals.

8.    DATA PRIVACY:
When you use the Pcharge Account and the Services, Pcharge will process your personal data. Pcharge takes pride in being transparent about our collection, processing and use of our users' personal data, and Pcharge thinks it is important that you understand what Pcharge does and does not do with your personal data and why Pcharge does it. You can find more information on the processing of your personal data by Pcharge here. Pcharge strongly encourages you to take the time to read our Privacy Policy.

9.    APPLICABLE LAW 

9.1    The Terms are governed by the laws of the Republic of Cyprus. The District Court of Larnaca shall have exclusive jurisdiction over any disputes arising hereunder or from use of the App. 

9.2    In the event of any inconsistency between these Terms and the applicable law, applicable law shall prevail.

10.    ALTERNATIVE DISPUTE RESOLUTION:

10.1    The European Commission provides a platform for online alternative dispute resolution at ec.europa.eu/consumers/odr that consumers can use to resolve disputes that they may have, and where consumers can find further information on alternative dispute resolution.

10.2    Except where explicitly provided for in these Terms of Service, Pcharge is neither obliged nor prepared to partake in any alternative dispute resolution proceedings before a consumer protection body in cases where Pcharge has a dispute with a user.

11.    COMMUNICATIONS:
Please address all enquiries and notices to Pcharge customer service. You may find the relevant Pcharge addresses and our telephone numbers at www.pcharge.com.cy/en/contact. Alternatively, you may contact us via email at: contact@pcharge.com.cy or call at 80002100. For all enquiries involving pcharge Card(s) you may contact us via email at: cardcenter@pcharge.com.cy or call at 70009998.

 

EXHIBIT A

APP USER POLICY

Use of the App
The App is for Your personal, non-commercial use only. You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through this App without pcharge's prior written permission. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy this App or the content contained therein or for any other unauthorized purpose without Pcharge's prior written permission. You agree not to use any device, software, or routine to interfere with or attempt to interfere with the proper working of this App or any activities conducted through this App. You agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. pcharge reserves the right to investigate any illegal and/or unauthorized use of this App, including, but not limited to, unauthorized use of any robot, spider, or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.

User Content
Some areas of this App may allow You to post content such as photos, driver tips, comments, questions, and other content or information (any such materials You submit, post, display, or otherwise make available on this App is referred to as "Posted Content"). By posting Posted Content, You expressly grant to pcharge, and you represent and warrant that you have all rights necessary to grant to pcharge, a revocable, , sublicensable, transferable, non-exclusive, worldwide, license granted for the duration of the intellectual property rights (the "License") to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Posted Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with this App and pcharge's (and its successors' and affiliates') Social Media and on pcharge's (and its successor's and affiliates') web site. This license is provided to pcharge on a royalty-free basis. Except for the License, You retain all right, title and interest to Your Posted Content.

You represent with respect to all Posted Content that:

• You have the consent of each and every identifiable natural person in the Posted Content to use such person's name or likeness in the manner contemplated by this App and this Agreement, and each such person has released you and your licensees from any liability that may arise in relation to such use.
• pcharge's use of the Posted Content as contemplated by this Agreement will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and/or privacy rights.
• pcharge may exercise its right to use the Posted Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
• To the best of your knowledge, all Posted Content and other information that you provide to pcharge is truthful and accurate.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, database rights, mask work rights, moral rights, rights of publicity, trademark, and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree not to post any content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that pcharge, in its sole discretion, deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. pcharge reserves the right, but is not obligated, to reject and/or remove any Posted Content that it believes, in its sole discretion, violates these provisions.

Acceptable Use and Conduct
You agree to use the App only as permitted by this App Policy, any additional policies or procedures published in this App from time to time which will accordingly be brought to your attention by pcharge. pcharge reserves the right for any reason to remove without notice any contents of this App received from You or other users. pcharge reserves the right to take reasonable actions at our own discretion in case of misconduct on our App. In this regard, we will take Your legitimate interest into account. Such actions may comprise the following: Issuing cautions, temporarily limiting of services or blocking of Your Account or permanent deletion of Your Account and banning for the future. Moreover, we reserve the right to take any legal remedies under the respective applicable laws. pcharge reserves the right to reasonably edit any notices or postings for clarity and length in accordance with the applicable laws. You acknowledge that any communications forums hosted by this App are public and not private communications. Further, You acknowledge that postings, and other communications by other users are not endorsed by pcharge, and such communications shall not be considered reviewed, screened, or approved by pcharge

Proprietary Rights
All information, documents, products, and software (the "Materials") provided in connection with the App are owned by pcharge and/or it affiliates and suppliers ("Third Party Providers") and are the intellectual property of pcharge and/or its affiliates and Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise. You also may not "mirror" any Material provided with this App on any other server. Nothing provided through the App shall be construed as granting or conferring any license, patent, copyright, trademark, or other proprietary rights to You. Any unauthorized use of any Materials provided with or through this App may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. pcharge reserves the right to investigate any illegal and/or unauthorized use of the App and to take appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Links to Third Parties' Web sites
This App may contain links and pointers to Internet sites maintained by third parties. pcharge does not operate or control in any respect any information, products, or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by pcharge or its affiliates. You assume sole responsibility for Your use of third-party links and pointers.