CGAU | GMOB

INTRODUCTION

These General Terms and Conditions of Access and Use apply to the Charging Service defined below. Any subscription to the Contract implies full and complete acceptance by the Customer or the User of these General Conditions of Access and Use. The Customer expressly waives the right to invoke any other conditions.

ARTICLE 1 : DEFINITIONS

Capitalized terms used herein shall have the meanings set forth below.

Accessory(ies) : means any approved equipment enabling a Vehicle to be connected to a Charging Point. An approved charging cable supplied by the Customer or the User is considered an Accessory.

Mobile Application : refers to the mobile application available for free as part of the Contract dedicated to the Recharging Service and called GMOB, operating in the iOS and Android environments, enabling the Customer or User in particular to locate the Recharging Stations, to check their availability, to start or stop a recharge, to access information on the recharges made and to enter various means of payment (credit card, Charge Pass GMOB, Apple Pay, Google Pay).

Third Party Badge(s) : refers to badge(s) offered by other mobility operators than GMOB, authorised by the latter and allowing a Third Party User to access and use Charging Stations in the context of the Incoming Roaming of the Charge. A list of Third Party Badges is available and updated on the GMOB Website.

Charging Station(s) : refers to the Vehicle Charging Station(s) operated by GMOB making up the Charging Station Networks available as part of the Charging Service covered by the Contract. A Charging Station is equipped with one or more Charging Points.

Third Party Charging Station(s) : refers to Vehicle charging station(s) operated by other charging operators than GMOB, which a Customer can use with the GMOB Charge Pass or with the Application, in the context of Outgoing Roaming Charging. A map of Third Party Charging Stations is available and updated on the GMOB Website.

Customer(s) : refers to any natural person who has registered on the GMOB Website and potentially subscribed to a Formula for purposes that are not part of their professional activity.

Pay-as-you-go : refers to the one-off payment method enabling an Anonymous User to perform a Normal, Accelerated or Rapid Charge at one of the Network's Charging Stations.

General Conditions of Access and Use or GCAU : refers to the present document accepted by the Customer when subscribing to a Formula or by the Anonymous User when paying on a Pay As You Go basis at one of the Charging Stations. The GCAU are part of the Contract.

Contract : refers to the Recharge Service contract signed by the Customer or the Anonymous User with GMOB. The Contract thus contains the entire agreement between the Customer or the Anonymous User and GMOB: it cancels and replaces any previous exchange on the same subject and constitutes an indivisible package.

Customer Area : refers to the online management space accessible by the Customer for free via a dedicated section on the GMOB Website, after authentication, and from which the Customer has the possibility to consult and manage his personal information, his Contract, to access his invoices and his statements of use of the Recharge Service, as well as to take note of the information transmitted by GMOB.

Subscription Form : refers to the Contract Application Form as completed and accepted by the Customer from the Websites or the Application. The Subscription Form constitutes a part of the Contract.

Formula(s) : refers to one of the formulas offered to the Customer within the framework of the Contract, the conditions of which are described below and on the GMOB Website.

Incoming Roaming of the Charge : refers to the ability of a Third Party User to use the Charging Stations by means of a Third Party Badge and without having signed a Contract with GMOB.

Outgoing Roaming of the Charge : désigne pour un Client la faculté d’accéder et d’utiliser des Bornes de Recharge Tiers à l’aide du Charge Pass GMOB ou de l’Application, dans le cadre d’une Formule et sans nécessité de conclure un abonnement auprès des opérateurs des Bornes de Recharge Tiers.

Partner(s) : refers to the partners of GMOB for the deployment and operation of the Charging Stations in the context of the Charging Service.

Charge Pass GMOB : refers to the RFID card(s) delivered to the Customer at the time of subscription or during the execution of the Contract allowing access to and use of the Networks of Charging Stations accessible within the framework of the Charging Service and to benefit from the Outgoing Roaming of the Charge. It may also be in dematerialised format and correspond to a unique identifier provided by GMOB that can be indicated in the Mobile Application as a payment method. The use of GMOB Charge Passes is subject to the present GCAU.

Charging Point(s) : refers to an physicial interface built into a Charging Station and associated with a parking space that allows one Vehicle to be charged at a time.

Charging : refers to the different types of charging of a Vehicle that can be offered as part of the Charging Service, namely:

- Normal Charging : corresponds to a charging power of 7.4 kW or less,

- Accelerated Charging : corresponds to a charging power of between 7.4 and 22kW,

- Fast Charging : corresponds to a charging power of more than 22kW.

Network of Charging Stations : refers to all the Vehicle Charging Stations accessible as part of the Charging Service covered by the Contract. The Networks of Charging Stations may be operated by GMOB in its own name and on its own behalf or in the name and on behalf of third parties.

Charging Service : refers to the charging service that is the subject of the Contract, to which the Formula or a temporary Token gives access, including access to the Network of Charging Stations and access to the Customer Area.

Website : refers to the GMOB Website accessible at the address www.gmob.fr .

Charging Site(s) : refers to a charging location, which consists of a parking space with one or more Charging Station(s). A map of the Charging Sites is available on the GMOB Website.

User : refers indifferently to an Anonymous User and/or a Third Party User using the Charging Service.

Anonymous User : refers to any natural person using the Charging Stations using a pay-as-you-go payment from the Mobile Application without being a registered Customer on the GMOB network.

Third Party User : refers to any natural person using the Charging Stations for Incoming Roaming of the Charge.

Vehicle : refers to the Customer's or User's private electric or rechargeable hybrid vehicle for which the Charging Service is used. Without further specification, the term "Vehicle" refers to the Vehicle itself and its Accessories. Depending on the Charging Station, the Vehicle may be a private vehicle ("passenger car"), a commercial vehicle or an electric two-wheeler, including bicycles.

ARTICLE 2: PURPOSE OF THE GCAU - DESCRIPTION OF THE CHARGING SERVICE

2.1. These GCAU define the conditions of access and use of the Charging Service between GMOB and the Customer or User (the Anonymous User or Third Party User). The use of the Charging Service and the Charging Stations is subject to the acceptance and compliance by the Customer or the User of the rights and obligations set out in these GCAU.

2.2. The Charging Service includes the following services:

• Access to Vehicle Charging

As part of the Charging Service, the Customer or User may Charge their Vehicle at a Charging Station, in a parking space equipped with a Charging Station.

The Customer accesses and uses the Charging Service within the scope of the Formula he has subscribed to, using a GMOB Charge Pass or the Mobile Application.

Within the scope of a single Contract, depending on the Formula subscribed to, one or more GMOB Charge Passes may be ordered and activated. This number is indicated in the Subscription Form.

The Anonymous User accesses and uses the Charging Service using the Application by entering a payment method that allows him to make a Pay As You Go payment (credit card, etc.).

The Third Party User may, within the scope of roaming permitted by an agreement between GMOB and another mobility service provider, perform a Charge using a Third Party Badge.

• Access to the Customer Area, for Customers who have subscribed to a Formula, as defined in these GCAU.

Access to and use of Third Party Charging Stations using the GMOB Charge Pass, for Customers who have subscribed to a Formula, as part of the Outgoing Roaming of the Recharge, according to the terms and conditions defined below.

ARTICLE 3: TERMS AND CONDITIONS FOR SUBSCRIBING TO A PACKAGE - PAY AS YOU GO

3.1 Subscription of a Formula

3.1.1. Subscription to the Formula is open to natural persons subject to acceptance of and compliance with these GCAU, provision of the required information and payment of the subscription fee referred to in Article 7.1.

3.1.2. By default, the Customer shall benefit from the Standard Formula. The Customer may request to benefit from one of the Formulas offered by logging on to the GMOB Website. The Customer must follow the various subscription steps offered to him and must therefore :

fill in the information required in the Subscription Form,
select one of the formulas proposed, indicating in particular the number of GMOB Charge Passes,
read and accept these GCAU,
validate the order a second time, modify it or cancel it, then,
once the order has been validated a second time, proceed to the payment of the fees mentioned in article 7.1.

GMOB shall then acknowledge receipt of the Customer's request by sending a summary email to the email address provided by the Customer. The GMOB Charge Pass(es) is/are sent by post to the Customer within 10 working days of receipt of this email.

3.1.3. The Customer declares that all information and documents provided at the time of subscription are accurate and undertakes, in the event of a change, to inform GMOB without delay via the Customer Area. The absence of notification or the provision of insufficient or erroneous information may result in the automatic termination of the Formula. GMOB may have to carry out some preliminary checks on the information declared by the Customer and reserves the right to refuse any request to subscribe to a Contract if the address for sending a GMOB Charge Pass is unknown, non-permanent or fictitious. In this case, the subscription request shall be automatically cancelled and no bank debit shall be made. GMOB shall be free to refuse the Contract application for a legitimate reason, such as the termination of a previous contract by GMOB for fraud or non-payment. The subscription to the Contract commits

i) the Customer,

ii) the payer if different from the Customer and any holder of the GMOB Charge Pass to whom the Customer gives the Pass.

3.1.4. Switch of Formula and/or request for additional GMOB Charge Pass(es) during the Contract period

During the Contract period and if the Formula initially subscribed to allows it, the Customer may request to change Formula and/or to benefit from additional GMOB Charge Pass(es), subject to payment of the fees mentioned in article 7.2. The Customer shall make the request from his Customer Area on the GMOB Website or using the Mobile Application, by contacting GMOB or, in certain cases, a Partner.

3.2. Pay as you go

The Anonymous User may access and use the Charging Service using his mobile phone, from the Mobile Application, by entering a valid payment method at the time of charging, subject to prior acceptance of and compliance with the GCAU accessible from the Mobile Application.

The Anonymous User has the choice of entering their credit card details or selecting payment via Apple Pay or Google Pay from the Mobile Application. By scanning the QR code present near the Charge Point or by selecting it directly on the Application, it will then be possible to start and stop a charge, subject to a valid payment method. Indeed, once the payment method has been entered, a pre-authorisation of payment of €20 is carried out before a Charging can be made. The Anonymous User will then be able to pay for the Charging through our online payment interface.

ARTICLE 4: RIGHT OF CANCELLATION

4.1. Customers who have subscribed to a Formula

In the event of a remote subscription to a Formula, the individual Customer benefits from a right of cancellation which he may exercise without penalty and without giving reasons, within a period of fourteen days from the date of subscription. When this period expires on a Saturday, Sunday or public holiday, the period is extended to the next working day.

The Client shall inform GMOB of the exercise of his/her right of cancellation by returning a cancellation form to the address indicated thereon, without this being obligatory, or by sending a letter to GMOB at the address mentioned in article 17.2.

When the right of cancellation is exercised, GMOB shall reimburse, if applicable, the Customer for all the sums paid for the chosen Formula, within fourteen days of the date on which GMOB was informed of the Customer's decision to cancel. The refund shall be made using the means of payment chosen by the Customer when applying for the subscription, unless the Customer expressly agrees to the use of another means of payment. The Customer may expressly request to receive a Formula immediately, without prejudice to the right of withdrawal. In this case, if he exercises his right of withdrawal, the Customer shall owe GMOB the sums due for his subscription and the use of the Recharge Services until the date of exercising the right of withdrawal. These sums shall be calculated in accordance with article 7 of these GCU. The exercise of the right of cancellation leads to the deactivation of GMOB Charge Passes.

4.2. Anonymous Users

In the case of a Pay-as-you-go payment via the Mobile Application The Anonymous User is invited to waive his right of cancellation when completing a Charging with a One Time Payment.

ARTICLE 5: CONDITIONS OF USE OF THE CHARGING SERVICE

5.1. GMOB Charge Pass

Each GMOB Charge Pass allows the Customer to Charge a Vehicle at the Charging Stations accessible within the framework of the Subscribed Formula, as well as at Third Party Charging Stations within the framework of the Outgoing Roaming of the Charge. The GMOB Charge Pass enables the Recharge to be initiated or interrupted, as well as the associated invoicing. The different stages of access and termination of Charging using a GMOB Charge Pass for a Vehicle may vary depending on the Charging Stations used. The terms of use are provided within the Charging Station, available on the GMOB Website, the Application and in article 5.2.1 below. The GMOB Charge Pass is a means of payment that can be dematerialised by entering a unique identifier (provided by GMOB at the time of Subscription) on the mobile application, or materialised by an RFID card. It is the property of the Customer as of its reception. A GMOB Charge Pass is associated with a Customer, but a Customer may have several GMOB Charge Passes. The validity period of the GMOB Charge Pass(es) corresponds to the duration of the Contract.

Precautions of use

Each GMOB Charge Pass only works on Charging Stations equipped with a compatible technical solution (RFID), and/or connected to the GMOB network, while being attached to the Charging Station Networks to which the Customer has access on the day of using the Charging Service. Each physical GMOB Charge Pass has an encoding whose proper functioning depends on basic precautions of use. The Client is solely responsible for the use of each GMOB Charge Pass delivered and is invited to respect all the instructions for use brought to his attention, in particular not to subject it to twisting, folding, cutting, high or low temperatures, electromagnetic effects, a high level of humidity and any other treatment that is manifestly inappropriate for the proper functioning of the GMOB Charge Pass. If these instructions are not respected, the Charging Service may be degraded and the Customer risks billing anomalies.

Loss, theft or damage of GMOB Charge Pass

In the event of loss or theft of a GMOB Charge Pass, the Customer must inform GMOB without delay by any means and confirm this in writing to the contact details in article 17.2 (by email or via the Customer Area). The Customer must imperatively mention his/her Customer identification number or the GMOB Charge Pass number. The Customer may request the issue of replacement GMOB Charge Passes which will be issued and invoiced to him under the conditions set out in article 7.2. In the absence of such opposition, GMOB declines all responsibility in the event of misuse by a third party of a lost or stolen GMOB Charge Pass, the Customer then remaining liable for the sums due in respect of any use of each GMOB Charge Pass that he/she holds.

In the event of failure of a GMOB Charge Pass, the Customer must inform GMOB without delay and then return it to GMOB using the contact details in article 17.2. If the malfunction is not attributable to the Customer, the faulty GMOB Charge Pass shall be replaced free of charge. The liability of GMOB is limited to the replacement of the faulty GMOB Charge Pass. If after verification the failure is attributable to the Customer, GMOB shall invoice the Customer for the cost of the damaged GMOB Charge Pass, as well as the additional costs related to it (participation in packaging and shipping costs, commissioning and activation costs, support, etc.).

In all cases of loss, theft or damage :

GMOB will then deactivate the GMOB Charge Pass upon receipt of the report of loss, theft or damage of the GMOB Charge Pass;
GMOB will not refund any GMOB Charge Passes requested by the Customer under a new Contract between the date of loss, theft or defect of the GMOB Charge Pass and the date of receipt by the Customer of the replacement GMOB Charge Pass;
Unless otherwise agreed, the billing for the subscribed Formula will not be interrupted (fixed part).

Request for replacement and revocation of Charge Pass GMOB by GMOB

GMOB may initiate the withdrawal or possible replacement of the GMOB Charge Pass in the event of termination of the Contract by GMOB, fraud, alteration or counterfeiting of the GMOB Charge Pass or incompatibility with the improvements made by GMOB to the Charging Service and/or the Charging Stations. In all cases, GMOB shall inform the Customer in advance and, once the problem has been resolved, shall provide the Customer with a new GMOB Charge Pass and shall deactivate the previous GMOB Charge Pass, rendering the latter inoperative on the Charging Stations.

5.2. Conditions of use of Charging Stations

5.2.1. Functioning

Customers access and use the Charging Stations by using a GMOB Charge Pass or the Mobile Application or a Third Party Badge.

To use a Charging Station, the Customer or User must park the Vehicle in a space at a Charging Station that can be identified by specific signs and markings on the ground. To connect and charge his Vehicle at a Charging Station, the Customer or User must only use the Charging Station cable when it is attached to the Charging Station and forms an integral part thereof, to the exclusion of any other Accessory. If the Charge Point does not have a cable and it is a plug, it is up to the Customer/User to connect his cable to the Charge Point. Before any use, the Customer/User must ensure that he/she has an approved cable that is compatible with the Charging Station and allows the connection of his/her Vehicle. The Customer or User undertakes to use the socket that corresponds to its needs and the technical characteristics of its Vehicle.

To proceed with the Charging of their Vehicle once the cable is connected on both sides, the Customer must pass their GMOB Charge Pass (or for the Third Party User their Third Party Badge) over the badge reader of the Charging Station in order to lock the cable and trigger the charging. It is also possible for the Customer to trigger the charging from the Application either by scanning the QR code of the Charging Point or by selecting it from those displayed in the Application and choosing his means of payment. In the same way, the Anonymous User can either scan the QR Code present on the Charge Point or select it on the Application and then enter his method of payment (other than the GMOB Charge Pass) to trigger the charging.

At the end of use, to end the charging of their Vehicle, the Customer must pass their GMOB Charge Pass (or for the Third Party User, their Third Party Badge) over the badge reader of the Charging Station and release the Charging Station by disconnecting the cable. It is also possible for the customer to stop charging remotely from the Application. If he is an Anonymous User, he stops the Charging using the Application. If the cable used is that of the Charging Station, the Customer or User puts it back in the Charging Station. It may be necessary to unlock the charging cable by also unlocking the vehicle with the Customer/User key. The Charging Station is considered to be released when the Vehicle is no longer connected to the Charging Station, when the Charging Station door is closed by the Customer or User and the Vehicle is no longer parked in the corresponding parking space.

If the Charging Station cannot be released correctly, the Customer or the User must inform GMOB as soon as possible by telephone on the technical support number mentioned in article 17.1 or on the Charging Station. The Third Party User must also contact his mobility operator.

5.2.2. Booking a Charging Station

Provided that this functionality is available, the Customer or Anonymous User may reserve a Charging Station using the Application. GMOB will inform the Customer or Anonymous User when this functionality is available. The duration of the reservation is limited to 20 minutes before arrival, after confirmation of the reservation by GMOB which will be sent to the Customer via the Application. The reservation shall be considered as used when the GMOB Charge Pass is affixed to the reserved Charging Station or when the Application is used by the Customer to start the Charging. After 20 minutes, the reservation will be cancelled. A reservation that is not honoured or is cancelled shall result in the invoicing of penalties, the amount of which appears on the GMOB Website and on the Mobile Application.

5.3. Access and use of Third Party Charging Stations using a GMOB Charge Pass or the Mobile Application

The use of Third Party Charging Stations by the Customer using a GMOB Charge Pass or the Application must be done in accordance with the conditions of use laid down by the operator of said Stations (Outgoing Roaming) and in compliance with the instructions for use on the Third Party Charging Stations.

5.4. Access and use of Charging Stations with a Third Party Badge

The Charging Stations making up the Network may also be accessible to Third Party Users holding a Third Party Badge authorised by GMOB: in this case, the Charging Stations must be used in accordance with these GCAU, the instructions for use appearing on the Charging Stations and the conditions of use of the Third Party Badges issued by these operators.

5.5. Allocation of parking spaces for Charging

The parking spaces at the Charging Sites dedicated to the Charging Service may only be used for Charging the Vehicles. Consequently, it is strictly forbidden for the Customer and the User to park in these parking spaces if the Vehicle is not being charged. The Customer and the User are required to comply with the applicable parking rules. If they fail to do so, the Customer or the User may be liable to have the Vehicle removed and/or to be fined, fined or fined, for which they shall be responsible for all the consequences, particularly financial.

5.6. Security

The Customer's and User's attention is drawn to the need to ensure that the Accessories are in good condition before using the Charging Stations. The Customer or User must remain vigilant to any signal emitted by the warning lights appearing on the Charging Stations and/or on his Vehicle. In the event of an alert, such as an anomaly or fault observed on a Charging Station, the Customer or User shall take all precautionary measures to ensure the safety of the Vehicle and third parties, such as, in particular, disconnecting the Vehicle without delay, activating the emergency stop button (if present on the station) and calling the technical assistance service, the telephone number of which is mentioned on the Charging Station or in article 17.1.

ARTICLE 6. DURATION

6.1. Formula

The Contract is subscribed to and begins on the date on which the Customer receives the summary e-mail sent to him following his request to subscribe to the Formula. The duration may vary depending on the Formula chosen by the Client, which is indicated on the Subscription Form.

6.1. Anonymous Users

Each Charging is done on a one-off basis by the Anonymous User, with no commitment.

ARTICLE 7: PRICES - INVOICING AND PAYMENT TERMS

7.1. Subscription fees

The subscription of a Contract by the Customer gives rise to the invoicing of a subscription fee, the amount of which is mentioned on the Subscription Form on the Website. Downloading and using the Mobile Application is free of charge (with the exception of the communication cost applied by the phone operator, if any).

7.2. Price of a GMOB Charge Pass

The price of each Charge Pass GMOB ordered is indicated at the time of subscription to a Formula, in accordance with the price in force on that date. This price is also invoiced to the Customer in the event of a request to replace a GMOB Charge Pass or to order additional GMOB Charge Pass(es) during the course of the Contract and will be shown on the first invoice issued following his request. They must be paid by the Customer according to the method of payment chosen and within the period indicated in these GCAU.

7.3. Price of the Charging Service

7.3.1. Use of the Charging Stations as part of a Formula

The price of the Charge is displayed on the Mobile Application, the unit amount of which varies according to the Network of Charging Stations used. In all cases, this amount is determined according to :

the duration of use of the Charging Service, and/or
the time of day at which Charging is made (possible variation in the power available at the charging station as a function of time), and/or
the type of Charging (AC or DC),
of the energy consumed on the Charge Point.

For certain formulas only, a fixed part is added to the price of the Charging, which is a fixed monthly price corresponding to the subscription.

7.3.2. Use of Charging Stations by an Anonymous User
The Anonymous User uses the Charging Service via the Mobile Application. The Price is determined on the basis of the same components as for the Customer but with a less advantageous rate.

7.4. Access and use of Third Party Charging Stations using a GMOB Charge Pass or the Mobile Application

Access to and use of the Third Party Charging Stations by the Customer using a GMOB Charge Pass or the Application, in the context of Outgoing Roaming of the Recharge, shall be invoiced by GMOB in accordance with the terms and conditions set out in article 7.8, based on the data that shall be transmitted to GMOB by the operator of the Third Party Charging Stations and according to the price set by the latter. To this price shall be added the interoperability costs invoiced by GMOB per Charging Act.

7.5. Charges for booking a Charging Station

Additional fees may be charged to the Customer or User in case of reservation of a Charging Station.

7.6. Current amounts - Price changes

All the prices and fees in force mentioned in this article 7 are indicated on the Subscription Form, the Website and the Application. They may be modified at any time by GMOB.

With regard to the Formulas, the new amount(s) of the said prices and/or charges shall be brought to the attention of the Customer by e-mail at least 30 days before the date on which they come into force. As from this date, the new amounts will be applicable by operation of law to the uses of the Charging Service made by the Customer as from the date of entry into force of the new prices and/or charges.

In the event of non-acceptance of the new prices and/or costs, the Client shall have the right to terminate the Formula. The Client shall send his request to GMOB within 30 days of the date on which he was informed of the change(s). The provisions of this paragraph do not apply to Anonymous Users and Third Parties.

7.7. Taxes and charges

The prices excluding taxes relating to the Contract and the Charging Service are automatically increased by the amount of taxes, charges, fees or contributions of any kind, current or future, borne or due by GMOB in the context of the Charging Service in application of the legislation and/or regulations in force on the day of invoicing.

7.8. Invoicing and payment arrangements

7.8.1. Formulas

The subscription fee for a Formula is payable in full by the Customer on subscription to the Contract.

In the event of a change of Formula during the course of the Contract, the corresponding costs will be included in the first invoice issued following his request and under the Formula.

Invoices for the use of the Charging Service are issued monthly by GMOB and must be paid by the Customer within 15 calendar days from the date of issue.

Invoices are issued in electronic format, which the Customer expressly accepts. The Customer is informed of the availability of his invoice in his Customer Area by an e-mail.

Settlement shall be deemed to have taken place on the date on which the funds are made available by the Client.

No discount will be applied for early payment.

If the invoice is contested, the obligation to pay is not suspended.

The Customer chooses to pay the subscription fees and his invoices for the Charging Service in one of the following ways:

by credit card, from the Website or the Mobile Application,
by credit card, with recurring transfer order,
by monthly direct debit (SEPA mandate): the payment is divided into 12 monthly instalments, it being specified that the direct debit takes place each month. The date of the direct debit is indicated on each invoice in the Customer Area.

7.8.2. Penalties, costs and measures in case of non-payment

Failure to pay invoices in full within the period allowed for their payment,

The sums due shall be increased automatically and without prior notice or reminder, by penalties calculated on the basis of one and a half times the legal interest rate applied to the amount of the debt including VAT. GMOB shall inform the Customer by email that if payment is not made within an additional period of eight days in relation to the payment deadline indicated on the invoice, access to the Charging Service may be suspended. In the absence of payment or agreement between GMOB and the Customer within the above-mentioned additional period, GMOB shall notify the Customer by a second e-mail that in the absence of payment within 3 days, access to the Charging Service shall be suspended and the Customer's GMOB Charge Pass(es) deactivated. At the end of this period of 3 additional days, a formal notice is sent to the Customer and his account and his GMOB Charge Pass(es) are suspended. At any time, if the Customer pays the outstanding amount, access to the Charging Service may be restored and the GMOB Charge Pass(es) reactivated by GMOB. Failing this, GMOB may terminate the Contract.
Pay-as-you-go

The Anonymous User pays the Pay As You Go price to one of GMOB's Payment Providers at the end of a Charging.

Payment of the price of the Recharge is only made when the Anonymous User has made a Charging as described in article 5.2.1. The amount is then debited from the bank account whose details the Anonymous User has entered on the Application to obtain a pre-authorisation of payment.

Each transaction carried out during a Pay-As-You-Go transaction shall result in an invoice being sent by GMOB in electronic form, which the Anonymous User expressly accepts. The invoices are made available to the Anonymous User in the Mobile Application.

7.9. Using Charging Stations with a Third Party Badge

Access and use of the Charging Stations using a Third Party Badge shall be invoiced to the Third Party User, based on the data transmitted to his mobility operator by GMOB and according to the price set by GMOB. To this price may be added the amount of the subscription and the interoperability fees possibly applied by this operator under the contract signed by the Third Party User with the latter.

The Third Party User must pay these sums in accordance with the payment terms provided by the said mobility operator.

ARTICLE 8: COMMITMENTS AND RESPONSIBILITY OF THE CLIENT AND THE USER

8.1. The Customer or the User undertakes to use the Charging Service in accordance with these GCAU and after having accepted them, and in this respect to :

make normal use of the Charging Stations in accordance with their purpose and the technical characteristics of the Vehicle;
Follow the Vehicle manufacturer's instructions on maximum Charging time and power;
Connect only commercially available electric or plug-in hybrid vehicles to the Charging Stations;
inform GMOB of any breakdown affecting a Charging Station by calling the technical assistance telephone number mentioned in article 17.1,
when using Third Party Charging Stations using the GMOB Charge Pass or the Application, respect the conditions and instructions for use laid down by the operator of the Third Party Charging Stations.

8.2. The Customer is solely responsible to GMOB, in particular if he/she orders or entrusts one or more GMOB Charge Passes to a third party.

8.3. The Customer or User is, both with regard to GMOB and third parties, responsible for his Vehicle and its Accessories, which he assumes full and complete custody of during its Charging and/or parking at the Charging Sites.

8.4. Except in case of force majeure as defined by article 1218 of the Civil Code, the Customer or the User shall be liable to GMOB for any damage and costs incurred by GMOB in the event of the use of a Charging Station and/or Accessories that do not comply with the present GCU and that are attributable to it and that have led to a deterioration of the same. The Customer's or User's liability may include the costs of repairs necessary to enable the normal operation of the Charging Station concerned.

ARTICLE 9: LIABILITY AND COMMITMENTS OF GMOB

9.1. GMOB shall under no circumstances be held responsible for the loss or damage caused to the Vehicle and its Accessories during its Charging. GMOB does not assume any obligation to monitor and shall not be liable under any circumstances for any deterioration or disappearance of the Vehicle not resulting from its fault, particularly in the event of acts of vandalism.

9.2. As the Charging Service is based on a self-service principle, GMOB cannot be held responsible for the absence of available Charging Stations.

9.3. GMOB may not be held liable to the Client or the User for :

loss of or damage to the Customer's or User's personal objects and effects during the Charging process;
In case of fraud ;
In case of misuse or use of a GMOB Charge Pass not in accordance with its intended purpose;
the temporary disruption or malfunction of the Charging Service, one or more Charging Sites, the Website or the Application, which may be disrupted or made temporarily unavailable in the following cases

        - total or partial disruption and/or unavailability of the GSM/GPRS/3G networks,
        - disruptions caused by maintenance, reinforcement, redevelopment or extension of the GSM/GPRS/3G network installations by the telecommunication operator used by GMOB,
        - degradation of the GSM/GPRS/3G signal or of the GPS signal due, in particular, to weather conditions,
    - impossibility of providing the Charging Service, inaccessibility or unavailability of one or more Charging Sites due to road or network works at the initiative of a third party requiring the decommissioning of works, in particular at the initiative of the public authorities:
        - a power cut for which GMOB is not responsible,
              * in the event of force majeure within the meaning of article 1218 of the Civil Code;
              * indirect damage such as loss of market, commercial loss, loss of customers, any commercial disturbance, loss of profit, loss of brand image

Furthermore, GMOB does not assume any responsibility towards the Customer concerning the services provided by the operators of the Third Party Charging Stations (such as in particular and in a non-limitative manner: unavailability, malfunctioning of the Third Party Charging Stations or damage of any nature whatsoever suffered by the Customer during the use of Third Party Charging Stations) nor by the interoperability platforms requested in the context of the Incoming Roaming of the Recharge.

The Third Party User must contact his mobility operator.

ARTICLE 10: PERSONAL DATA

10.1. In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms and the European Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the personal data of Customers and Users are subject to processing for which GMOB is the controller.

10.2. The data collected is intended for GMOB, its partners and external service providers (including charging and mobility operators as well as interoperability platforms, in the context of Incoming Roaming of the Recharge) as well as financial and postal institutions and third parties authorised by virtue of a legal or regulatory provision.

10.3 This data is collected in the context of the subscription and execution of the Contract or in the legitimate interest of GMOB. The collection of certain data is compulsory when they are necessary for the management of the Contract (including invoicing and collection). Any failure to provide this data shall result in the impossibility of becoming or remaining a Client or User. Other data is optional and is used for commercial operations, the provision of personalised services (Customer Area, etc.) or the sending of questionnaires or the carrying out of surveys in connection with the Charging Service, particularly in the event of an experiment. Data relating to the Charging of the Vehicle or to the methods of use of the Charging Service by the Customer or the User may also be collected (in particular by the Charging Stations) and used in anonymous form by GMOB and its partners for the purposes described above.

10.4. Commercial prospecting by electronic means by GMOB or its partners is possible if the Client or the User has previously given his/her express consent.

10.5. The data collected will be kept for the duration of the Contract and 5 years after its termination.

In application of the regulations, the Client or User has, with regard to personal information concerning him/her, a right of access, rectification, opposition without charge to the use of this information for commercial prospecting purposes, as well as a right to limit the processing and a right to the portability of his/her data. The Customer or the User may, by proving his identity if necessary, exercise the aforementioned rights with GMOB by e-mail at support@gmob.fr or from his Customer Area.

Finally, the Customer or the User has the possibility of lodging a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL).

ARTICLE 11: TERMINATION OF THE CONTRACT

11.1. Termination of the Formula by the Customer

Unless otherwise stated in the Subscription Form, the Customer may terminate the Formula at any time and without notice or penalty, in particular if he no longer wishes to benefit from the Formula or in the event of non-acceptance of a price change or a modification of the GCAU in accordance with article 12. The Customer shall send his request to terminate the Formula to GMOB in writing or via the Customer Area. The cancellation is carried out without penalty and takes effect from the date of receipt or first presentation of the said letter.

11.2. Termination of the Formula by GMOB

GMOB may terminate the Formula in the event of the Client failing to fulfil one of its contractual obligations, in particular in the event of non-payment of sums due to GMOB within the set timeframe. In this case, GMOB shall give the Client formal notice to fulfil its obligations within 30 days by registered letter with acknowledgement of receipt. If the Client does not meet its obligations within the period set, GMOB may terminate the Contract by registered letter with acknowledgement of receipt. The termination shall take effect from the date of receipt or first presentation of the letter.

11.3 Changes to the Charging Station Networks - Termination of the Charging Service or the Formula

Certain Networks of Charging Stations accessible as part of a Formula, in particular those operated by GMOB on behalf of third parties or as part of experiments, may be subject to a limited duration. This duration is specified on the Subscription Form.

GMOB may also decide to discontinue a Formula, which is then no longer available for subscription. In this case or in the event of a decision by GMOB to discontinue one or more Charging Station Networks or a Formula, the Customer shall be informed in advance by GMOB by sending an e-mail with at least 30 days' notice. During this period, the Customer may subscribe to one of the other Formulas offered by GMOB or terminate the Contract.

Failing this, the Formula will be terminated by operation of law at the end of the above-mentioned notice period.

11.4. Common Regulations

In all cases referred to in Article 11, the termination or cessation of the Formula entails the obligation for the Customer to pay all sums due in this respect until the day of the effective termination. Any month started is due in its entirety. A termination invoice will be sent to the Customer.

ARTICLE 12: MODIFICATION OF THE GENERAL CONDITIONS OF ACCESS AND USE

GMOB reserves the right to modify these GCAU at any time.

In the case of the Formulas only, the Customer shall be informed of the modification(s) made by e-mail at least 30 days before the date on which they take effect. As from this date, the amended GCUA shall replace the present and shall be applicable by operation of law to the use of the Charging Service by a Customer as from the date on which the amendment(s) take(s) effect. However, in the event of non-acceptance of the modification(s), the Customer has the option of terminating the Formula in accordance with article 11.1. He shall send his request to GMOB within 30 days of the date on which he was informed of the modification(s). The provisions of this paragraph do not apply in the event of amendment(s) to the GCAU imposed by law or regulation.

ARTICLE 13: INVALIDITY

If any provision of the GCAU is held to be invalid, illegal or unenforceable in whole or in part under applicable law, such provision, or the relevant part thereof, shall be deemed not to form part of the GCAU to the extent that it is held invalid, illegal or unenforceable.

However, the remaining terms of the GCUA shall remain applicable and in full force and effect.

ARTICLE 14: TRANSFER

GMOB may transfer all or part of its rights and obligations under the Charging Service to a company which, within the meaning of Articles L.233-1 et seq. of the Commercial Code

(i) directly or indirectly controls GMOB,
(ii) is directly or indirectly controlled by GMOB or
(iii) is under common control with GMOB, provided that the conditions mentioned herein are maintained.

ARTICLE 15: AGREEMENT ON EVIDENCE

By express agreement between GMOB and the Customer or the User, electronic media shall be deemed to constitute at least one original document or at least the beginnings of proof in writing.

ARTICLE 16: APPLICABLE LAW - DISPUTE RESOLUTION METHODS - CHOICE OF RESIDENCE

16.1. The law applicable to the Contract and to these GCAU is French law.

16.2. In the event of a dispute relating to the services of GMOB in the context of the Charging Service, the Customer or the Anonymous User may submit a written complaint to GMOB at the address mentioned in article 17.2.

As these methods of internal dispute resolution are optional, the Customer or Anonymous User may at any time bring the matter before the competent French courts.

16.3. The Customer shall choose residence at the address communicated at the time of signing the Contract. GMOB shall choose its registered office as its residence.

16.4. These clauses shall apply even in the event of a warranty claim or multiple defendants.

ARTICLE 17: CORRESPONDENCE AND INFORMATION

17.1. GMOB provides the Customer and the User with the following telephone numbers:

Technical Assistance

Tél : +590 590 02 92 33 (appel non surtaxé) disponible (7j/7, 24h/24).

Commercial Department

Tél : +590 590 32 51 42 (appel non surtaxé) disponible (lundi-vendredi hors jours fériés, 8-17h)

17.2. The Customer or the User may also send a request to GMOB:

by email: contact@gmob.fr,
by post : GMOB, Morne Poirier, Convenance, 97122 Baie-Mahault Guadeloupe
by filling in the contact form, available on the Website www.gmob.fr/contact

General Conditions of Access and Use of the Charging Service (GCAU)