Information according to § 5 TMG (German Telemedia Act):
KZY Marketplace Solutions GmbH
Chauseestrasse 41B
D - 10115 Berlin
Authorized Managing Directors:
Issam Elio Tidjani
VAT ID: DE346344316
District Court Charlottenburg HRB 229537 B
Contact:
KZY Marketplace Solutions GmbH
Chauseestr 41B
D - 10115 Berlin
Email: help@cariqa.com
Customer Support:
Email: help@cariqa.com
Liability for content:
The content on our pages has been created with the utmost care. However, we cannot guarantee the accuracy, completeness, and timeliness of the content. As a service provider, we are responsible for our own content on these pages according to general laws, as stated in Section 7(1) of the TMG (Telemediengesetz). However, according to Sections 8 to 10 of the TMG, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the moment of knowledge of a specific infringement. If we become aware of any such legal infringements, we will remove the content promptly.
Liability for links:
Our website contains links to external third-party websites over which we have no control. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the linked pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any legal infringements, we will remove such links immediately.
Copyright:
The content and works created by the administrators of these pages are subject to German copyright law. The reproduction, editing, distribution, and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. Insofar as the content on this page was not created by the administrator, the copyrights of third parties are respected. In particular, third-party content is identified as such. If you become aware of a copyright infringement, please notify us accordingly. If we become aware of any legal infringements, we will remove such content immediately.
(English T&Cs are for reference purely for reference. The German T&Cs are legally binding.)
1. Scope
These General Terms of Use and Charging conditions (hereinafter: Terms of Use) apply to the use of complementary Cariqa offers and Cariqa chargeable tariffs that are subject to a charge (collectively: "Services") and describe your rights and obligations when accessing Cariqa via an app or web service.
By using our services, you accept and agree to the following terms of use. The Terms of Use form a binding contract between you and KZY Marketplace Solutions GmbH, Chausseestr. 41B, 10115 Berlin, Managing Director: Mr. Issam Tidjani (District Court Berlin Charlottenburg, HRB 229537B), help@cariqa.com (hereinafter "we", "us" or "cariqa").
The terms of use apply regardless of whether you are a consumer, entrepreneur or merchant. The terms "you" and "your" and "customer" refer to you as an individual and to the business or legal entity that you represent in connection with the use of the Service. If you are using the Services on behalf of an entity, you represent that you have the authority to represent and that you accept the Terms of Use on behalf of the entity that you represent.
All agreements made between you and us in connection with the use of the services result from these terms of use. The version of the terms of use that is valid at the time the services are used is decisive.
2. Subject of the contract
The services are used via an application for mobile devices (“cariqa app”), which is available for download from various app stores.
The cariqa app offers customers various free services related to electromobility (e.g. route planner, charging station finder and other information services) on the basis of the following provisions. The paid cariqa tariffs offer customers access to the charging infrastructure or charging stations for electric cars and plug-in hybrid vehicles that are displayed as available and functional in the cariqa app without additional registration with the respective charging infrastructure operator. This charging infrastructure mainly consists of charging stations from cariqa partners. Cariqa does not operate its own charging infrastructure and cannot ensure that this is technically functional and accessible for the respective customer.
These terms of use apply both to the use of the free cariqa services and the paid cariqa services.
The range of functions of the services results from these terms of use and the charging tariff and service description specified in the ordering process (available at https://www.cariqa.com/).
3. Use of the service
The Services may only be used by individuals who are at least 18 years of age. While using the Service, you agree to:
If you register an account for the Service, keep your account password confidential. Inform us immediately if you become aware of, or have reason to believe, that there is a security problem with the Services.
4. Prohibited Uses of the Service
By agreeing to these Terms of Use, you warrant that you will not:
5. Your Responsibility for Your User Account
Your user account may only be used by you personally (if you have set up a user account, which is not mandatory to use the services). You are responsible for all activities that occur in your user account. You may not authorize any third party to access and/or use the Services on your behalf.
6. Your personal data
In connection with the provision of the Service, we use information submitted by you such as location data, vehicle data and preferences. You can find more information in our privacy policy (available at https://www.cariqa.com/en/privacy)
7. Third Party Software
Portions of the Services are provided by third parties. Use of third-party software or products in connection with the Services is subject to the license terms of such third party. Unless and to the extent that we notify you of any specific license terms and unless otherwise stated in these Terms of Service, we grant you the right to use the Software and third party products within the scope of your authorized and intended use of the Services. You may not decompile or reverse engineer any algorithm, model, or software component included in the Services.
8. Changes to the Contract
cariqa may update this Agreement as necessary without notifying you. You can view the current version of this contract at any time at https://www.cariqa.com/. By continuing to use the Service, you agree to be bound by such changes to the Agreement.
9. Modifications or Termination of Services
cariqa is entitled to change the services at any time by changing, adding or removing functions. We may discontinue or suspend the Services at any time for any reason and without notice; in which case your access or right to use the Services may terminate immediately. Any data you have stored in the App or Services may not be retrieved later. There may be interruptions or prolonged downtime of the services.
10. Copyrights, trademarks, etc.
The Services, including the cariqa name and all other content in connection with the provision of the Services, are owned or licensed to KZY Marketplace Solutions GmbH. Software or content provided as part of the Services is protected by intellectual property laws and treaties. We (or our partners) own the copyright and other intellectual rights associated with the Services.
11. Right of withdrawal by the consumer
If you are a consumer, you have the right to withdraw from the contract concluded between you and us:
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must send us (KZY Marketplace Solutions GmbH, Chausseestr. 41B, 10115 Berlin, help@cariqa.com) a clear statement (e.g. a letter sent by post, fax or e-mail ) of your decision to withdraw from this contract. You can use the sample cancellation form (Annex 1) at the bottom of the page, which is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of the withdrawl
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of the contract. For this repayment, we use the same payment method that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the services or delivery of electricity should begin during the cancellation period, you must pay us a reasonable amount, which is proportionate to the time at which you prevented us from exercising the right of cancellation in relation to this contract, the services already rendered and correspond to the total scope of the services provided for in the contract.
12. Prices, subscription and payments
cariqa will provide you with invoices electronically. All prices are gross prices including the statutory value added tax. The applicable prices for our tariffs, subscriptions and other prices are stated in the cariqa app and in our price list (https://www.cariqa.com/#pricing).
When registering to use the services and at a later date, you can also choose between various cariqa tariffs that are subject to a charge, in addition to the free services of the cariqa app.
These tariffs make it possible to charge electrically powered passenger cars with traction battery (BEV - Battery Electric Vehicle) as well as plug-in hybrid electric passenger cars (PHEV - Plugin Hybrid Electric Vehicle). The details, including the respective term, can be found in the service description of each individual cariqa tariff. The contract term is automatically renewed on a monthly basis unless notice of termination is given in due time. Termination in due time shall be deemed to have been received by the end of the respective billing period.
The customer can complete the order by confirming these Terms of Use and clicking on "submit order". To book a tariff, the customer must provide a valid means of payment for processing payments and transactions. The order does not constitute a contract. Rather, the order constitutes an offer to conclude a contract.
Your right to cancel your subscription, if any, under clause 11 of this contract remains unaffected.
Subscription fees and recurring invoices are processed through our payment processors, which may vary from time to time. All transactions are subject to the applicable terms and conditions of the payment processor and applicable laws. Unless otherwise agreed, your subscription will automatically renew at the end of your current subscription.
It is your responsibility to ensure that the registered payment card is valid and has sufficient funds. If it is not possible to debit or charge your payment card, you may not be able to charge your vehicle.
After each charging session, we will deduct the amount of electricity you have consumed in that charging session from your electricity quota in accordance with the amount of electricity reported to us by the relevant charging station operator. The amount of energy remaining at the respective time is indicated in the cariqa app in kWh. The display of the current (remaining) charge volume may be delayed for technical reasons. If the actually charged charge volume in the respective billing period exceeds the contractually agreed charge volume, for example due to billing delays of the charging station operators, and if no valid reserve charge volume from previous billing periods is available either, the respective difference charge volume will be calculated according to the pay-as-you-go cariqa tariff in accordance with the tariff description of the pay-as-you-go cariqa tariff.
The charging volume not fully consumed in a billing period does not expire at the end of a billing period. Any remaining charge volume will be carried forward to subsequent billing periods as reserve charge volume and will remain valid for 12 months after the end of the billing period in which it was accrued, or until your package is canceled or your account is deleted.
During each billing period, the charge contingent of the current billing period corresponding to the respective cariqa tariff will be consumed first. Only when your charge contingent of a billing period has been used up will the reserve charge volume be consumed.
If you change your cariqa tariff to increase your monthly charge contingent ("upgrade change"), the new charge contingent corresponding to the tariff upgrade is immediately available to you after the payment process.
The remaining charging volume of the previous tariff is not lost, but is available as a reserve charging volume for 12 months, in each case after you have used up the respective charging quota in the respective billing period.
If you change your cariqa tariff in order to reduce your monthly charging quota ("downgrade change"), this change will take effect at the beginning of the next billing period. The tariff you were charged in the relevant billing period in which you made the downgrade change will not change. From the next billing date after your downgrade change, the lower cariqa tariff will apply, corresponding to your downgrade.
A refund of the remaining charging quota, regardless of whether or not it is still within the 12-month period and can therefore be used, is excluded.
13. Liability
In the case of slight negligence, cariqa is only liable in the event of a breach of essential contractual obligations (so-called cardinal obligations), such as those that the contract intends to impose on us according to its content and purpose or the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly trust and trust allowed to. The amount of this liability is limited to the typical damage foreseeable at the time the contract was concluded.
The above limitations of liability also apply to the personal liability of cariqa's legal representatives, vicarious agents and employees for damage caused by them as a result of slight negligence.
Our liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee, for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
Portions of the Services depend on information provided by you and/or third parties.
Route planning
Please also note that the actual power consumption and therefore the range of your vehicle is affected by circumstances such as your driving style, temperature, wind, topography, speed, traffic jams, use of devices that consume electricity and much more. Therefore, we recommend that you try the Services, especially the route planning functions, with a certain safety margin. While we strive to ensure the accuracy and high quality of the Services, we welcome constructive feedback and suggestions for improvement, but we make no warranties (either express or implied) as to the accuracy, completeness, or correctness of the route maps or other information provided through the Services. If the customer breaks down as a result of the vehicle not being sufficiently charged, cariqa is not liable for the costs incurred as a result (such as salvage costs), unless these terms of use state otherwise.
Access to charging infrastructure
cariqa is not an operator of charging stations and is therefore not liable for the operational safety of the respective charging stations of external partners. cariqa is not liable for charging processes that did not take place or were not completed successfully or for damage incurred in connection with the preparation, implementation and completion of charging processes.
cariqa is not liable for the failure of the services in the event of force majeure. In the event of an interruption or irregularities in the electricity supply, as far as the consequences of a disruption in network operation including the network connection are concerned, claims may be made against the distribution network operator. You can demand that cariqa assign any claims that cariqa is entitled to against the respective network operator.
14. Assignment
cariqa can assign the contractual relationship with you in whole or in part to third parties at any time without notifying you. You may not assign, temporarily or permanently, this User Agreement or your rights to use the Services or any part thereof to any other person.
15. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you use the services as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
If you are a merchant and have your registered office in Germany at the time of use, the exclusive place of jurisdiction is the registered office of cariqa. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations.
More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Sample Withdrawal Form
(If you want to revoke the contract, please fill out this form and send it back)
To:
KZY Marketplace Solutions GmbH
Chausseestr. 41B
10115 Berlin
Email: help@cariqa.com
I/we (*) hereby revoke the contract concluded by me/us(*) for the provision of the following service:
Contract number
Ordered on
Name of the user(s)
Address of the user(s)
Signature of the user(s) (only when submitted as paper format)
Date
(*) delete what is not applicable to you
Preliminary remark**
With the following data protection declaration we clarify the processing of personal data when using the cariqa offers and related services.
For better readability, we use the terms "we", "us" or "cariqa" to describe our company.
When we speak of "you", "your" or "user" we expressly mean the users of cariqa offers.
Name and contact details of the person responsible for processing
The contact person and person responsible for the processing of your personal data is KZY Marketplace Solutions GmbH, Chausseestr. 41B, 10115 Berlin (hereinafter "we", "us" or "cariqa").
Email: help@cariqa.com
Telephone: (tbc)
If you have any questions on the subject of data protection and the assertion of data subject rights in connection with cariqa offers, please use the email address provided above.
Collection and storage of personal data and the type and purpose of their use
We can process the following data for the use of our offers:
Personal data for user identification that you make available to us when using our offers, e.g. by registering or filling out your user profile, such as name, e-mail address, address, telephone number.
Additional information that you provide when completing your profile, such as vehicle information, gender, date of birth.
Information about your access device and your visits to our website or the use of our mobile offers, such as date and time and length of access, IP address of the accessing device, website from which access is made (referrer URL), browser used and, if applicable, the operating system of your computer and the name of your access provider.
Information you provide to us when subscribing to our newsletter, such as name and email address.
For the use of our offers -mobile offers included, your device location, vehicle data, information about charging transactions and your usage behavior with regard to our mobile app can also be processed.
The data mentioned are processed for the following purposes:
The legal basis for data processing is Art. 6 Para. 1 S. 1 lit. f GDPR. The legitimate interest follows from the data collection purposes listed above.
Some data processing is required to fulfill the contract and is used exclusively for this purpose (Art. 6 Para. 1 S. 1 lit. b DSGVO).
Some data processing operations (such as sending our newsletter or using location data) are only possible with your express consent (Article 6 (1) sentence 1 lit. a GDPR). You can revoke any consent you have already given at any time. An informal message by e-mail is sufficient for this. The legality of the processing of the data that took place up until the revocation remains unaffected before the revocation.
In addition, cookies and analysis services are used when visiting the website and using the mobile offers. You will find more detailed explanations on this below in this data protection declaration.
Use of the contact form
We offer you the opportunity to contact us via a form provided on our website. It is necessary to provide a valid e-mail address so that we know who sent the request and can answer it. Further information can be provided voluntarily.
The data processing for the purpose of contacting us takes place in accordance with Art. 6 Para. 1 S. 1 lit a DSGVO on the basis of your voluntary and revocable consent.
The personal data collected for the use of the contact form will be automatically deleted after the request you have made has been dealt with.
Sharing of Data
Your personal data will not be transmitted to third parties for purposes other than those listed below.
Your personal data will only be passed on to third parties if:
Parts of our data processing are carried out by external third-party providers and service providers. This includes, among other things, credit card processing, provision of certain technologies such as route planning, charging infrastructure, software applications, logistics and other services that are required for the operation, provision and maintenance of our offers and the fulfillment of data processing purposes.If data is passed on by us to such third-party providers and service providers, there is a proper order processing relationship between us and the respective partners within the meaning of the DSGVO. This means that the respective third-party providers and service providers may only use the data passed on by us to fulfill their tasks. The providers named were selected by us with the utmost care and are contractually bound to our instructions within the framework of the respective order processing relationship. We regularly check that the protection of the rights of data subjects is complied with by our processors.
We use the services of Stripe Payments Europe Ltd., The One Building, 1 Grand Canal Lower, Dublin 2, Ireland (hereinafter Stripe) to process payments. We ourselves do not store any credit card information in connection with the processing of a payment. The corresponding payment information (such as credit card data or bank details) is sent directly to Stripe. Information on data processing by Stripe can be found in Stripe's data protection declaration, available at: https://stripe.com/en-it/privacy.
Cookies
We use cookies on our website and when using our mobile offers. These are small files that your browser creates automatically and that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our site or use mobile offers. Cookies do not damage your end device and do not contain viruses, Trojans or other malware.
Information is stored in the cookie that arises in connection with the specific end device used. However, this does not mean that we are immediately informed of your identity.
On the one hand, the use of cookies serves to make the use of our offers more pleasant for you and to optimize user-friendliness.
On the other hand, cookies are used to statistically record the use of the website and mobile offers and to evaluate them for the purpose of optimizing the offer for you.
The data processed by cookies are required for the stated purposes to protect our legitimate interests and those of third parties in accordance with Article 6 Paragraph 1 Sentence 1 lit. f GDPR.
Most browsers accept cookies automatically. However, you can configure your browser in such a way that no cookies are stored on your computer or that a message always appears before a new cookie is created. You can object to the use of cookies on the corresponding button. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.
Google Analytics / Firebase
Our website and mobile offerings use Google Analytics Firebase (hereinafter referred to as Google Firebase), an app analysis service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The various functions of Google Firebase enable us to analyze your behavior when using our app. This enables us, for example, to draw conclusions about your screen views, clicks on certain buttons or in-app purchases and determine which functions in our app are used more or less frequently. For this purpose, Google Firebase stores a range of data such as the number and duration of your sessions, the operating system, device information or the access region. A dedicated overview of the data collected by Google Firebase can be found at: https://support.google.com/firebase/answer/6318039?hl=de. In the future it is possible that your personal data will be transmitted to the USA for the use of Google Firebase. At the moment, however, your data is only stored in Germany. Your data will be stored here permanently for the use of Google Firebase and will be deleted upon request or account deletion etc. The integration of Google Firebase serves to optimize our app and to improve our offers. This represents a legitimate interest in accordance with Art. 6 Para. 1 S. 1 lit f GDPR. Further information on Google Firebase is available at: https://firebase.google.com/ (basic information) and at: https://firebase .google.com/support/privacy (privacy policy).
Google AdSense
Our website and our mobile offers use Google AdSense, a service for integrating advertisements from Google Inc. ("Google"). For this service to integrate advertisements, Google AdSense also uses cookies and text files, which are stored on your end device and which enable an analysis of the use of the website. In addition, Google AdSense also uses web beacons (invisible graphics). Due to the web beacons, information such as visitor traffic on websites can be evaluated. Cookies and web beacons are used to generate information about the use of our website, including your IP address. The delivery of advertising formats is then transmitted to a Google server in the USA and stored there, as with Google Analytics. The stored information can then be passed on by Google to their contractual partners. Nevertheless, the information collected by Google about your IP address will not be merged with other data stored by you. If this collection of information based on your stay on our site is not in your interest, you can prevent the storage or installation of cookies by setting your browser software accordingly. At the same time, we would like to inform you that in this case you will not be able to use all the functions of this website to their full extent. By using this website and our mobile offers, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Push-Notifications
When you first open our app, you will be asked if you want to receive push notifications. Such notifications allow us to notify you of various events or features related to our offerings while the app is running in the background. You can change the notification options at any time via the settings options of your end device. Messages are sent via the Google Firebase Cloud Messaging service (Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA). Further information on Google Firebase Cloud Messaging can be found at: https://firebase.google.com/products/cloud-messaging/ (basic information) and at: http://www.google.de/intl/de/policies/privacy (Data protection).
The legal basis for the push notifications is your consent, which can be revoked at any time, in accordance with Article 6 (1) (a) GDPR.
Use of social Media
Among other things, we are represented on social networks to communicate with customers and interested parties and to provide information about our offers.
User data can be processed by the respective social networks for advertising and market research purposes. For this purpose, e.g. cookies are stored on the end devices of the users. On the basis of the information obtained in this way, advertising activities can be carried out within the social networks or on third-party websites, for example. In this context, there is also the possibility that we can access aggregated information.
The legal bases for the data processing carried out by the social networks under their own responsibility can be found in the data protection declaration of the respective services.
Below you will find the relevant links, which you can use to obtain further information on data processing and your rights as a data subject:
Notes on links to external websites
No liability is assumed for the content of the links (references) provided on this website or in the app to other (external) websites. The respective operators are exclusively responsible.
Transfer of data to third countries
As can be seen from this data protection declaration, we use services whose providers are partly located in third countries - not in the EU or the EEA - or process personal data there. In such countries, there may be a different level of data protection than in the EU. In this case, and if there is no adequacy decision by the EU Commission for the countries, we have taken appropriate measures to ensure an appropriate level of data protection for any third-country transfers. This includes, among other things, the use of the corresponding standard contractual clauses of the EU Commission as well as necessary additional measures.
If data is transferred to third countries without a corresponding adequacy decision or suitable guarantees, there may be a risk that third-country security authorities may gain access to the data transferred and your rights as a data subject will be extremely difficult to enforce.
Rights of the persons affected
You have the right:
Right to object
If your personal data is processed on the basis of legitimate interests in accordance with Article 6 Paragraph 1 Clause 1 Letter f GDPR, you have the right to object to the processing of your personal data in accordance with Article 21 GDPR, provided there are reasons for this, arising from your particular situation. If you file an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims.
If you would like to make use of your right of revocation or objection, an e-mail to help@cariqa.com is sufficient
Data security
Within the website visit and the use of our mobile offers, we use the widespread SSL procedure (Secure Socket Layer) in connection with the respectively highest level of encryption supported by your browser. This is usually a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead.
We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. The security measures are continuously improved in line with technological developments.
Change to the privacy policy
We regularly review our privacy policy and make updates where appropriate.
This data protection declaration was last updated on 6th February 2023.
** The English privacy terms are purely for reference. The German privacy terms are legally binding.
