BIP&GO is one of France's leading distributors of Liber-t electronic toll badges. Within the framework of its activities, BIP&GO aims to promote sustainable mobility services, in particular electric charging solutions for electric vehicles. The service is offered by BIP&GO via its mobile application. The service is subject to these General Terms and Conditions for Customers of Charging Services (hereinafter referred to as the "General Terms and Conditions for Customers" or "GTCC"), Be:Mo's General Terms and Conditions of Services (hereinafter referred to as the "Be:Mo General Terms and Conditions of Services" or "Be:Mo GTCS") and the General Terms and Conditions of Use as set out in the BIP&GO mobile application "Your travel companion" (hereinafter referred to as the "General Terms and Conditions of Use" or "GTCU"). The service is provided by BIP&GO and operated by the company Be:Mo. These General Terms and Conditions for Customers govern the use of Services provided by the company BIP&GO. The use of the Services shall imply unreserved acceptance of these General Terms and Conditions for Customers (hereinafter referred to as GTCC) by any Customer who wishes to benefit from the Services delivered by the Application.
BIP&GO, a simplified joint-stock company with a share capital of €1,000,
Registered with the Nanterre Trade and Companies Register (RCS) under number 750 535 288,
Whose registered office is located at 30 Boulevard Gallieni 92130 Issy-les-Moulineaux, France.
The Publishing Director is Vincent FANGUET in his capacity as the permanent representative of the Chairman of BIP&GO.
The following terms, whether used in the singular or plural form in this document, shall always have the following definitions:
"Application": Refers to the BIP&GO "Your travel companion" mobile application, as defined in Article 2 "Definitions" of the GTCU, via which the Charging Service is provided.
Be:Mo: A simplified joint stock company (SAS) with a share capital of €5,500,000, registered with the Nanterre Trade and Companies Register under number 823 647 060, whose registered office is located at 110 Esplanade du Général de Gaulle 92400 COURBEVOIE - France, which provides the Charging Services in accordance with the Be:Mo GTCS, and whose Charging Service Offers are specified on the Platform.
"Terminal": Refers to a charging point for electric vehicles
"Compatible terminal: Refers to a Terminal whose charging services can be accessed and paid for using the Recharge Card.
"Recharge Card": Refers to the name-specific, personal card linked to the Customer's BIP&GO account, and whose activation and use are subject to the General Terms and Conditions of Sale available at the following address: https://www.bipandgo.com/cgv-recharge/. This Recharge Card is used to start and end electric charging sessions at Compatible Terminals. It is hereby specified that the geographical scope of use of the Recharge Card is as follows: France, Netherlands, Belgium, Luxembourg.
"Customer": Refers to any natural person, who holds a Customer Account and who logs into the Application in order to use the Services.
"Customer Account": Refers to the BIP&GO customer account via which the Customer accesses the Services.
"Personal Data": Refers to Personal Data as defined in Article 2 "Definitions" of the GTCU of the Application..
"Recharge History": Refers to the report accessible via the Application, detailing all the electrical recharges carried out and the related cost, as well as information about the Terminal used.
"Charging Station Operator": Refers to any legal entity that operates electric charging stations and that has signed an interoperability contract with Be:Mo.
"Charging": Refers to the electric charging session of a Vehicle at a Terminal belonging to a Charging Station Operator who is part of the Be:Mo partner network.
"Services": Refers to all the services accessible via the Application that BIP&GO undertakes to provide to Customers, including the consultation of their customer account, locating a Charging Station for an Electric Vehicle and carrying out a Charging session with Be:Mo and its network of Charging Station Operators.
"Charging Station": Refers to a station referenced on the Application comprising several Terminals, managed by a Charging Station Operator, and responsible for delivering Charging services.
"User": Refers to any person that browses through and consults the Application from a compatible device or mobile phone.
"Electric vehicle" or "Vehicle": Refers to any private vehicle owned by the Customer (passenger car, commercial vehicle), as well as two-wheelers (bicycles, scooters, motorbikes), and their accessories (including, in the case of electric vehicles, certified equipment for connecting and recharging the vehicle, notably connection cables).
BIP&GO provides Users with an innovative service to locate Charging Stations and pay for Charging sessions for Electric Vehicles, based on an automated access and payment system.
Users of the Application can access the location of Charging Terminals and their availability status (available, occupied, unavailable) throughout France at any time.
Customers can also use their Customer Account to access a statement of their consumption (Recharge History).
For further information, Customers should consult the assistance concerning the use of the Service at the following address: https://www.bipandgo.com/aide/application-mobile/recharge-electrique-application.
The Application enables Customers to locate a Charging Station and an available Terminal in order to start a Charging session. The Application interacts with the servers of the Be:Mo platform and its partners in order to authorise BIP&GO Customers to use the Charging Service and pay for their Electric Vehicle Charging session.
Moreover, BIP&GO Customers can also start and end their Electric Vehicle Charging session with the Recharge Card, by placing it on the RFID reader of a Compatible Terminal. It is hereby specified that the geographical scope of use of the Recharge Card is as follows: France, Netherlands, Belgium, Luxembourg.
To carry out a Charging sessions, Customers must have an active BIP&GO Customer Account and a subscription offer that is compatible with the service. They can then start a Charging session, either via the Application or via the Recharge Card, after selecting an available Charging Terminal at a Charging Station.
Consequently, Customers must either have a Recharge Card or a smartphone that provides access to the mobile data network required to use the Application under the conditions defined in Article 4 "Conditions for accessing the Application" of the GTCU.
To be able to access a Terminal and start a Charging session using the Application, Customers must be in possession of and update the compatible equipment or devices required to access and use the Services.
In order to be able to start a Charging session, Customers must first check that their Vehicle is compatible with the Terminal concerned.
To start a Charging session, Customers must press the "Start Charging" button in the BIP&GO Application. Customers are then asked to connect their Vehicle to the Charging Terminal.
To end a Charging session once their Vehicle has been recharged, Customers should press the "Stop charging" button on the "Charging in Progress" screen.
Once the Customer has confirmed the end of the Charging session, they are asked to disconnect their Vehicle. An "End of Charging" screen is displayed on the Application, once the end of the Charging session has been confirmed. This screen notably shows the price of the Charging session that has been completed.
BIP&GO shall do its utmost to inform Customers as soon as possible when a Charging session must be stopped. Customers acknowledge and accept that Be:Mo or the Charging Station Operator may stop the Charging without prior notice when the situation so requires. It is hereby agreed between the Parties that the Charging Station Operator may stop a Customer's Charging session in the following cases, notably:
Breakdown/failure of a Charging Terminal,
Risk to the Customer's safety at a Charging Station,
Risk of poor performance of the Service.
Customers are hereby informed that each time they start a Charging session via the BIP&GO Application, by selecting the desired Charging service, or by using the Recharge Card, they fully agree to the performance of the Charging session concerned and the associated payment. Once their consent has been given and the Charging session has been completed, the related payment is deemed to have been authorised by the Customer concerned and the payment order cannot be contested or revoked.
The GTCC must be accepted by Customers when they carry out their first electric Charging session.
Customers hereby acknowledge that they have read the GTCC, fully understood them and fully accept all of their provisions, with no restrictions or reservations.
The GTCC and GTCU of the Application shall apply throughout the period of use of the Services, and until new GTCC replace the present ones. BIP&GO reserves the right to modify and/or update the GTCC at any time and without prior notice. BIP&GO also reserves the right to unilaterally modify and/or update or terminate the Services and/or the Application. Customers shall be informed about new GTCC the next time they log into the Application. Access to and use of the Application shall be subject to the GTCC in force at the time of that access and use.
The scope of breaches is defined in Article 5 "Breaches" of the GTCU of the Application.
The terms and conditions of availability are defined in Article 11 "Guarantee" of the GTCU of the Application.
The scope of intellectual property rights and the use of the licence are set out in Article 7 "Intellectual property - Licence - Limitations - Updates" of the GTCU of the Application.
Hypertext links to websites operated by Third Parties ("Third Party Website") may be contained in the Application. Users are hereby informed that BIP&GO cannot be held responsible for the content provided by these Third Party Websites, in accordance with the GTCU. The GTCU (Article 13 "Hypertext links and redirection to third-party applications") set out the terms and conditions for the use of hypertext links.
The prices for the Charging Services are indicated in Euros, with all taxes included. They include VAT and any additional charges (e.g. transaction fees) that may apply on the day of the Charging session. Moreover, they can be consulted at any time on each detailed Charging Station sheet directly on the Application. If any taxes are created or modified, whether increased or decreased, these changes may be reflected in the sales prices for the Services.
The price payable by Customers for Charging their Vehicle is set out on the summary screen of their Charging session, based on the Charging power as well as the Operator selected, the Charging time and the type of connector chosen by Customers.
Unless there is a delay in the transmission of information about a Charging session by an Operator for accounting purposes, any Charging sessions carried out between the 1st and the last day of the month in progress shall be included in the invoice of the following month.
The Charging sessions shall be invoiced to Customers by BIP&GO in the name and on behalf of Be:Mo, as part of his BIP&GO subscription for the fee-paying mobility services available on the BIP&GO mobile Application.
Charging sessions are identified on the BIP&GO invoice under the heading "Mobile Application".
Any additional costs (e.g. transaction fees) related to a Charging session shall be invoiced by BIP&GO according to the same principle as described above. Transaction fees shall be paid by Customers and shall amount to €0.20/transaction for any Charging session started.
In all cases, Customers can find all of their transactions on the Application, as well as in their BIP&GO Customer area and on their detailed monthly invoice.
The conditions of assistance linked the provision of the Services and the use of the Application are set out in Article 12 "Assistance" of the GTCU.
However, as regards the Services covered by these General Terms and Conditions for Customers, BIP&GO shall deal with any requests:
* By telephone on + 33 (0)9 708 08 765 (free service + price of the call, with no surcharge) from Monday to Friday from 8am to 8pm and Saturdays from 8am to 1pm (except public holidays).
* Using the contact form on the BIP&GO website: https://www.bipandgo.com/contact_form/
Customers are hereby informed that if their request cannot be dealt with by BIP&GO, it shall be transmitted to Be :Mo.
Be:Mo will then investigate the problem to determine whether Be:Mo is responsible for the issue and shall provide a report on the elements gathered as part of this investigation. However, for any questions concerning incidents linked to a Charging session and requiring on-site assistance (for example: malfunction of a Charging Terminal), BIP&GO recommends that customers contact the customer service department of the Charging Station Operator and partner of Be:Mo, using the telephone number indicated on the Charging Station Operator's Terminal.
In addition to what is stipulated in these GTCC and the GTCU of the Application, Customers shall:
1. accurately enter all the data required to validate their transaction;
2. provide any information required for the proper performance of the Services;
3. strictly apply the instructions provided by BIP&GO, or one of Be:Mo's partner Operators and comply with all the stipulations of the General Terms and Conditions for Customers and the General Terms and Conditions of Use;
4. pay the price due for the Services subscribed to with BIP&GO;
5. comply with the GTCC, the GTCU and all customary rules governing the use of the Services.
6. not access or attempt to access the Services and Charging sessions outside the following geographical area: Metropolitan France.
Users must comply with traffic rules and regulations, the highway code and police regulations. Users are solely responsible for their use of the Application and undertake to comply with the following guidelines:
- Do not handle your phone or any other compatible mobile terminal while driving.
-Be stationary and turn off the engine when handling your telephone. It is strictly forbidden for drivers to hold and use a phone in a moving vehicle in traffic.
- Start the Application before stating the vehicle.
-Pay attention and comply with traffic regulations and the Highway Code.
If a User does not comply with these provisions, he/she acknowledges and accepts that the Company and Third Parties cannot be held liable for any direct or indirect damage linked to the use of the Application while driving.
In order to provide the Services, Be:Mo and BIP&GO are required to process Customers' Personal Data for specific purposes in their capacity as independent data controllers.
Personal Data is processed by BIP&GO for the purposes of marketing the Services via the Application, managing the customer services, invoicing the Services on the basis of the information provided by Be:Mo, and the corresponding associated direct debit operations. The data may also be used to carry out operations linked to sales prospecting, the sending of newsletters and push notifications, or for the performance of statistical and market research in accordance with the applicable regulations.
Within the framework of a Charging session, Customers are informed that the following Personal Data will be collected by BIP&GO and transmitted to Be:Mo:
* Last name and first name;
* Email address;
* Postal address;
* Customer number;
* Location data linked to the use of the Application by the Customer concerned;
* Data concerning the transaction for the Charging Service (time-stamping, location and amount consumed)
* In the case of a request for assistance: the content of the request sent by email and the related responses.
The Personal Data collected is intended to be used by the authorised personnel of BIP&GO and Be:Mo (marketing departments, customer relations, debt collection, etc.), as well as their sub-processors, insofar as is necessary for the provision of the Services and the Application.
The Personal Data is stored:
* for 5 years for the purposes of managing commercial relations and assistance requests;
* for 10 years for invoicing purposes;
* for 1 year after the last contact from the Customer concerned or when they have not responded to two successive solicitations within the framework of sales prospecting operations. When a person exercises their right to object to receiving marketing communications, the information that enables their right to be taken into account is kept for a maximum of 3 years from the moment that right was exercised, and exclusively for managing their right to object.
For more information concerning the processing of Personal Data by BIP&GO, please consult BIP&GO's privacy policy at https://www.bipandgo.com/mentions-legales/
The Personal Data transmitted to Be:Mo is processed for the purposes of locating the Customer and available Charging Terminals, providing the Charging Services and managing the Customer Service. Be:Mo is responsible for the information that is transmitted to BIP&GO, and which enables the latter to invoice Customers.
Customers are also hereby informed that some of the Personal Data collected by BIP&GO via its Application is transmitted to Be:Mo, the data recipient, which carries out processing in order to provide the Charging Services, in its capacity as data controller.
Be:Mo undertakes to collect and process Customers' Personal Data in accordance with the amended French Data Protection Act No. 78-17 of 6 January 1978, and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and with any legislation adopted pursuant to this Regulation.
The policy relating to Personal Data is set out in the Be:Mo Privacy Policy, which is available at https://be-mo.io/personal-data-protection-cookie-policy-charter/
Customers may exercise their rights of access, rectification and opposition, as well as their right to erasure according to the provisions of the amended French Data Protection Act no. 78-17 of 6 January 1978 and the European Data Protection Regulation no. 679/2016 of 27 April 2016, by writing to BIP&GO's Data Protection Officer ("DPO") at 30 boulevard Galliéni, 92130 ISSY-LES-MOULINEAUX France, or by email at: donneespersonnelles@bipandgo.com.
The scope of liability is set out in Article 8 "Liability" of the GTCU of the Application.
BIP&GO does not grant any express or implicit guarantee as set out in Article 11 "Guarantee" of the GTCU of the Application.
Customers are required to comply with the safety guidelines in force and any other applicable regulations concerning the electric Charging Terminal used and the Vehicle concerned.
Prior to each Charging session, Customers must ensure that their Vehicle and charging cable are compatible with the electric Charging Station concerned. They must also ensure that the latter comply with the regulations in force.
BIP&GO declines all responsibility in the event of damage suffered as a result of defects on the electric Charging Stations, infrastructures, electricity networks, connections (internet, mobile, etc.), notably including an interruption in the service, a malfunction of flows, an external intrusion, possible slowness, etc. BIP&GO cannot be held liable in the event of any physical or immaterial damage to persons or property, including accidents, theft or damage, even partial, which may occur during a Charging session, in particular during the arrival or departure of the Customer, or while parking at the Charging Station.
Customers are responsible for any damage resulting from a failure to comply with the regulations in force, the conditions of use of the electric Charging Terminal concerned, the Electric Vehicle and/or the charging cable. BIP&GO declines all responsibility in the event of any damage suffered as a result of defects in the Electric Vehicle or the electricity charging cable.
As a general rule, BIP&GO cannot be held responsible for any damage resulting from the misuse or total or partial breach of the regulations in force, the applicable safety guidelines or any other rule relating to the Charging Terminals or the Electric Vehicle concerned.
In the event of any damage whatsoever, Customer must notify BIP&GO as soon as possible, in accordance with the procedures set out in Article 11 of these GTCC, and as soon as possible after the damage is discovered.
BIP&GO shall not be obliged to carry out its obligations in the event of force majeure or in any cases where it is prevented from carry out its obligations due to circumstances outside its control, including, but not limited to: Internet failure, a connection failure, the failure of a partner Operator's computer system, the failure of the electricity supply, an email failure, the failure of or modification to third-party technologies, transport difficulties, strikes, government measures, etc.
BIP&GO cannot be held responsible in the event of damage suffered by Customers, or one of their employees, if the Customer concerned has been warned of a risk, even a potential risk, via a message displayed on the Charging Station, the Internet site, the Application, via email or any other means of communication.
Under no circumstances can BIP&GO be held responsible for any unauthorised payment transactions, except those carried out after a stop payment order, subject to the Customer's good faith. Under no circumstances shall BIP&GO be required to reimburse any sums debited in this way.
Under no circumstances shall BIP&GO bear the burden of proof concerning any unauthorised payments from the Customer's bank account.
BIP&GO declines all responsibility concerning the information available on its Website and the Application concerning the available Charging Stations, and the related infrastructures, network, connections, etc.
BIP&GO shall do its utmost to verify the information communicated by Customers and partner Operators, but it is only bound by an obligation of means to do so.
In the event an error is noted on the Application, any Customer concerned may contact BIP&GO at the following email address: appli@bipandgo.com, and, insofar as possible, inform BIP&GO precisely about the incorrect or missing information on the Application.
BIP&GO cannot be held responsible for any damage of any kind, whether foreseeable or unforeseeable, that may result from the use or total or partial inability to use the Customer Account, the Application or the Electric Vehicle Charging payment functionalities.
BIP&GO hereby states that it is only bound by an obligation of means as regards enabling contact between its Customers and the Charging Station Operators referenced on its website and its Application.
Customers can find information about the procedures for settling disputes and the possible remedies in Article 15 "Applicable law and competent jurisdiction" of the GTCU of the Application.
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