GRID’s Customer Agreement / Terms of Use

Dear GRID user,

Thank you for choosing GRID.

Please read these Terms of Use (“Terms”) carefully before using or requesting the products and/or services made available to you via the GRID application(s), website(s) and platform as they include important information about the products and/or services, your rights and other important information.

Key Principles

  • Definitions
  • Terms
  • Contact information
  • Key Principles

The Key Principles of GRID are as follows:

  • These Terms apply to all GRID’s mobile application(s) and/or website(s) and GRID Products.
  • The App(s)/Website(s) Services  enable you to request products and/or services from Third Party Providers (“Third Party Services”) and from GRID (“GRID Provided Services”). Both Third Party Services and GRID Provided Services are provided or made available as GRID Products.
  • For GRID Provided Services you are contracting directly with GRID for the provisions of these products and/or services. For Third Party Services, you are contracting directly with Third Party Providers and GRID acts as an agent to enable you to request and receive those products and/or services.
  • For the use of Third Party Services or the GRID Provided Services, you may be required to accept additional terms which govern your use of those products and/or services.
  • We keep these Terms updated and we amend them from time to time. Please remember to check these Terms before you use the App(s)/Website(s) Services or use GRID Products, as the latest set of Terms will apply in each case.

Definitions

“App(s)/Website(s) Services" means the services provided to you by Grod, consisting of: (a) access to and use of GRID’s mobile application(s) and/or website(s) which enable you to request and receive GRID Provided Services and/or Third Party Services; and/or (b) payment collection and payment processing services (including issuing invoices and receipts on behalf of Third Party Providers) allowing us to charge you and to pay charges into the bank account of GRID or Third Party Providers, as the case may be, and GRID may engage affiliates or third parties to provide these payment collection and payment processing services on its behalf.

“Third Party Providers” are independent third parties and include, but are not limited to, independent parking providers, EV charging station providers and other providers of (infrastructure-related) services through GRID.

“Third Party Services” include, but are not limited to, services and goods in the field of transportation, travel, delivery, logistics and mobility, provided to you by independent Third Party Providers. These are made available to you through your use of the App(s)/Website(s) Services.

“GRID” meaning GRID.com B.V., or any of its subsidiaries or affiliates (“we” or “us”).

“GRID Charge Card(s)” meaning a physical charge card on which money can be deposited so the card can be used to pay for GRID Products.

“GRID Products” means GRID Provided Services and Third Party Services.

“GRID Provided Services”, include, but are not limited to, provisions of services in the field of transportation, travel, delivery, logistics and mobility, provided directly to you by GRID, which can be subject to additional terms between you and us.

"GRID Names, Marks or Works" means the company names, logos, products, trade names, brands, service marks, service apparel, other properties or copyrights of GRID or its licensor(s).

Terms

General

  1. These terms cover your access and use of GRID’s App(s)/Website(s) Services and your use of GRID Products (the “Terms”).
  2. You must read carefully and agree to the Terms prior to accessing and using GRID’s App(s)/Website(s) Services or GRID Products. These Terms expressly supersede prior agreements or arrangements about the App(s)/Websites Services (as defined below) and GRID Products between you and GRID.
  3. These Terms apply to the extent they do not conflict with any user and supplemental terms that specifically apply to GRID’s App(s)/Website(s) Services and GRID Products. You will be asked to agree to any such terms separately.
  4. By using GRID’s App(s)/Website(s) Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use GRID’s App(s)/Website(s) Services. We recommend that you keep a copy of these terms for future reference.
  5. If we have to contact you, we will do so by push notification from GRID’s mobile application, phone call, text message or email, using the details you provided to us on registration for GRID’s mobile application. When we use the words "writing" or "written" in these terms, this includes emails, texts and push notifications.
  6. GRID acts as the agent of the Third Party Providers for Third Party Services and may, in some cases, act as the service provider for GRID Provided Services.

The App(s)/Website(s) Services

The services offered by GRID to you consist of:

  1. Accessing and using GRID’s mobile applications and/or websites that allow you to request and receive Third Party Services and/or GRID Provided Services; and
  2. Payment processing services through GRID Pay, using Stripe as a payment service provider, so that we can charge you and are able to forward these charges to Third Party Providers for Third Party Services or to GRID for GRID Provided Services (GRID.com B.V. may engage affiliates or third parties to provide these services on its behalf).
  3. These Terms apply to your use of the App(s)/Website(s) Services in the Netherlands. By accessing and using the App(s)/Website(s) Services in another country, terms and conditions specific to that country may apply.
  4. GRID’s mobile applications and/or websites will be made available to you under various GRID Brands.
  5. Where available, you may request and receive Third Party Services or GRID Provided Services through GRID’s mobile applications and/or websites.

Third Party Services

  1. For Third Party Services, GRID acts as a disclosed agent between you and the Third Party Providers to enable them to provide the Third Party Services to you. GRID does not provide Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of GRID.
  2. When you are logged in, online and in the service area of a Third Party Provider, you will be given information in GRID’s mobile applications and/or websites about the Third Party Services before you decide to make a request.
  3. Third Party Providers are free to decide to accept, reject or ignore a request. Acceptance is communicated to you through GRID’s mobile applications and/or websites and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services).
  4. Some Third Party Services may require you to agree to separate terms and conditions before you can use such Third Party Services.
  5. The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services.

GRID Provided Services

  1. GRID will act as a service provider when providing GRID Provided Services. The specific terms governing GRID Provided Services may be set out in additional terms or a separate agreement. For GRID Provided Services, GRID is the service provider contracting directly with you.
  2. GRID is free to decide to accept or reject a request of the GRID Provided Services.  Acceptance is communicated to you through GRID’s mobile applications and/or websites and the related terms or agreement will set out when a direct contract forms between you and GRID.

Use of the App(s)/Website(s) Services and Privacy Notice

  1. GRID’s mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with popular operating systems such as Android or iOS.
  2. You are responsible for obtaining the network access required to use the App(s)/Website(s) Services and you are responsible for all charges and fees from your mobile network provider, including data usage while using GRID’s mobile applications and/or websites. You are also responsible for accessing compatible devices and operating systems required to use the App(s)/Website(s) Services, including software or hardware updates.
  3. To use the App(s)/Website(s) Services, you must register in GRID’s mobile applications and/or websites and create an account. At the time of registration, you must be eighteen (18) years old or be of the age of majority in the country where you register if different from eighteen (18) years old, unless the terms and conditions for the specific Third Party Services or the GRID Provided Services impose different age requirements.
  4. You must provide us with certain personal information to register, including your phone number and email address. To use the App(s)/Website(s) Services, Third Party Services or GRID Provided Services, you may need to provide at least one valid payment method (credit card, debit card or other accepted payment method). You may need to provide additional information, such as your residential address, and documents before you can use certain Third Party Services or GRID Provided Services.
  5. GRID collects, uses and discloses information from or about you as described in GRID’s Privacy Policy. Additional privacy notices may apply, including from third party controllers, for GRID Provided Services or Third Party Services. We will notify you when such notices apply to you.
  6. You are under no obligation to log in to or use GRID’s mobile applications and/or websites, nor the Third Party Service Providers. If you choose to stop using GRID’s mobile applications and/or websites, you may do so without notifying us.
  7. We may temporarily restrict your access to and use of the App(s)/Website(s) Services where there is a suspected breach of your obligations or of these Terms and also where we receive a complaint relating to fraud or whenever we consider it necessary. There may be circumstances where we are unable to provide you with information about the complaint at the time of an investigation (by us and/or a third party such as the police).

Your obligations

  1. When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for other purposes for which they are intended as set out in these Terms. You may not misuse GRID’s mobile applications and/or websites or defraud us or Third Party Providers. Please refer to our Acceptable Use Policy for more information on what is expected of you.
  2. You must provide accurate and complete information when you register an account and when you use the App(s)/Website(s) Services.
  3. Your account is strictly personal, also when using your account for work related services. It cannot be shared with or licensed to third parties unless expressly authorised by GRID. After you have created an account:

- you may not register more than one account unless we agree otherwise with you in writing;

- you must not allow third parties to use your account or transfer your account to a third party; must keep your account information accurate, complete and up to date at all times; must keep your login details confidential at all times; and;

- you must notify us immediately if you have reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.

- You are responsible for paying any fees or charges incurred as a result of the provision of Third Party Services or GRID Provided Services requested through your account, as further described in these Terms.

- In using the App(s)/Website(s) Services, you must not cause any nuisance, inconvenience or material damage either to the Third Party Provider or to GRID or any other party.

Charges and Payment

Charges for the App(s)/Website(s) Services

  1. There is no charge for using the App(s)/Website(s) Services. However, we reserve the right to introduce usage fees, in which case you will be notified in writing and given the opportunity to terminate these Terms before such fees are implemented. If you choose to terminate these Terms, you will no longer have access to use the App(s)/Website(s) Services.
  2. We reserve the right to introduce a fee for specific features on GRID’s mobile applications and/or websites. Separate terms and conditions may apply to these.

Charges for Third Party Services and GRID Provided Services

  1. If you make a request through GRID’s mobile applications and/or websites, you agree to pay the relevant charges as described in GRID’s mobile applications and/or websites and will be responsible for any charges or fees linked to your account.
  2. Depending on the Third Party Service or GRID Provided Service used, including, but not limited to, its location, the time you want to charge or park or other relevant details, the charges may be displayed on GRID’s mobile applications and/or websites before a request is placed. In other cases, the charges will depend on your use of the Third Party Services or GRID Provided Services. We may provide an estimate of these charges. Please be aware that the final amount charged to you may be different from the estimate.
  3. You may be charged supplementary charges, costs and/or fines, for your use or misuse of GRID Provided Services and/or Third Party Services (such as repair or cleaning fees).
  4. In some cases, if the GRID Provided Services or the Third Party Services cannot be performed due to your action or inaction (for example, if you are not present at the location of the services), all charges may apply.
  5. Once the GRID Provided Service or the Third Party Service has been provided, we may issue you with an invoice from GRID or on behalf of the Third Party Provider, as applicable. The invoice will include VAT, if applicable.
  6. For more information about charges and supplementary charges, fees, costs and/or fines specific to the relevant Third Party Service or GRID Provided Service, please consult GRID’s mobile applications and/or websites or the support section.
  7. The charges may be modified in GRID’s mobile applications and/or websites from time to time.
  8. Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by GRID using the preferred payment method associated with your account, after which GRID will send you a receipt by email. If your primary payment method is not able to be charged, GRID may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to continue to try to take payment.
  9. Charges are inclusive of applicable taxes including VAT unless specifically stated otherwise.

GRID Charge Cards

  1. Charges for the GRID Products can be paid with the GRID Charge Card(s) (“Charge Card(s)”). You can deposit a desired amount on the GRID Charge Card through your account whenever you wish, and use this to pay for the GRID Products.
  2. You can revoke your deposit on the GRID Charge Card within fourteen (14) days of the deposit
  3. You must handle the charging card with care, use it in accordance with normal use and refrain from any unauthorised use thereof.
  4. GRID is entitled to, at any time, in the event of default by you or for any reason GRID deems necessary, stop the possibility of charging with the Charge Card and/or to no longer provide access to Third Party Services or GRID Provided Services without prior notice and without any obligation to the Customer. The blocked Charge Card can be reactivated when the default by you is solved or no longer exists.
  5. In the event of theft or loss of a charge card or charge tag, you must, as soon as possible, block the Charge Card by logging into your GRID account. You can enter the Charge Card as lost in his account under 'My Charge Cards. It will then be blocked immediately. Until it is blocked, you are fully liable for any damage arising from loss, unauthorised use, theft or misuse of the Charge  Chard. All costs incurred with the Charge Card before it is blocked will be borne by the customer.
  6. The amount deposited on the GRID Charge Card will expire two (2) years after the last login on your GRID account.

Cancellation

  1. In some cases, you do not have the right to cancel the request for the Third Party Services and GRID Provided Services once it has been accepted. However, for certain Third Party Services or GRID Provided Services, the Third Party Service Provider or GRID (as appropriate) may allow you to cancel the request, but you may be charged a cancellation fee.
  2. GRID may refuse requests and cancel the Third Party Services or GRID Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In this case too, a cancellation fee may be charged. We may also end any contract in place between you and GRID.

Licence

Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable licence to install and/or use GRID’s mobile applications and/or websites on your device solely for your use and for you to access and use information made available through GRID’s mobile applications and/or websites. Any rights not expressly granted herein are reserved to GRID and GRID’s licensors.

Intellectual Property

  1. GRID reserves all rights not expressly granted in these Terms. The App(s)/Website(s) Services, GRID’s devices and all data gathered through Gid’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain GRID’s property or the property of GRID’s licensors.
  2. You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of GRID’s mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of GRID’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of GRID’s mobile applications and/or websites or data; (d) use, display, or manipulate any of GRID Names, Marks, or Works for any purpose other than to use the App(s)/Website(s) Services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include GRID Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use GRID Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any GRID Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in GRID’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license.

Termination

  1. You are free at all times to use the App(s)/Website(s) Services (where and when available) and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
  2. We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and GRID for the provision of GRID Products.
  3. GRID may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.
  4. If we cannot charge the relevant charges to your preferred payment method we may suspend or remove your access to the App(s)/Website(s) Services until payment is made.
  5. You must immediately pay any outstanding charges due to Third Party Providers or GRID by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.

Liability and Indemnity

  1. You are liable for any damages we suffer as a result of your breach of these Terms, your misuse of the App(s)/Website(s) Services or your violation of any laws or third party rights. You will be liable for any activities carried out through your account unless such activities are not authorised by you and you have not been otherwise negligent.
  2. In order to access the App(s)/Website(s) Services, you agree to indemnify and hold us and our officers, directors and employees harmless (at our option) from and against any and all claims, liabilities, costs, damages, fines, social security contributions and taxes arising out of or in connection with any violation of these Terms, violation of applicable law or third party claims directly or indirectly related to your use of the Third Party Services, the GRID Provided Services or your use of the GRID Products in general.
  3. Nothing in these Terms limits and/or excludes liability that cannot be legally limited or excluded, including liability for death or personal injury caused by gross negligence and liability resulting from fraud. Your rights as a consumer will be honoured under applicable law.
  4. We will not be liable under these Terms for including but not limited to, contractual liability, tort (including negligence, misrepresentation), restitution or otherwise for any of the following in connection with the use of the App(s)/Website(s) Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential damages.
  5. We will not be liable for:

- damages or losses arising from any transaction between you and any Third Party Provider; or

the availability and accuracy of the Third Party Provider's content, products or services.

We shall not be liable for delays or failures in performance due to causes beyond our (reasonable control).

Our total liability to you for the use of GRID’s mobile applications and/or websites (and not in respect of any other arrangements between us for which the liability arrangements are governed by a separate agreement) shall not exceed five hundred euros (€500).

To the extent permitted by law, we make no warranties and disclaim all liability for any acts or omissions by you or any third party.

Disclaimer

We provide the App(s)/Website(s) Services "as is" and "as available". The App(s)/Website(s) Services may be subject to limitations, delays and/or other problems inherent in the use of the Internet and electronic communications and are not guaranteed to be available at all times and without errors.

General

  1. GRID may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in GRID’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with Section 11.1. These Terms were most recently updated as at the outset of this document.
  2. The invalidity of any provisions in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable provisions shall be deemed deleted.
  3. We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. We will tell you if this happens. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the GRID’s App(s)/Website(s) is personal, unless agreed otherwise.
  4. These Terms replace all previous agreements relating to your access and use of the App(s)/Website(s) Services. In addition, in the event of any conflict between these Terms and any previous agreements relating to your use of GRID, these Terms shall prevail.
  5. You may be required to accept additional terms to access or use the App(s)/Website(s) Services and/or GRID Products. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
  6. There are no third party beneficiaries to these Terms except as provided for in these Terms.

Dispute resolution process

GRID may make available to users acting as consumers a mediation process for consumer disputes relating to the App(s)/Website(s) Services or these Terms for the purpose of amicable resolution. Eligible consumers may also submit complaints regarding the GRID Services or these Terms to the European Commission accessible here under Regulation (EU) No 524/2013 of 21 May 2013. GRID is not obliged to use an online dispute resolution platform to resolve consumer disputes.

Applicable law and jurisdiction

These Terms shall be exclusively governed by and construed in accordance with Dutch law with the exception of those rules (if you are resident in the EU) that relate to legal consumer protection regulations in your country that are more beneficial to you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods 1980 (CISG) does not apply. You may bring legal proceedings relating to the GRID Products before a competent Dutch court. If you reside in the EU, you may also bring legal proceedings in relation to the GRID Products before the competent court of the country where you reside. If you reside in the EU, we can only take legal action against you in the country where you reside, unless you are acting in the course of a profession or business, in which case you agree to the exclusive jurisdiction of the Dutch court in disputes.

Contact information

If you would like to ask about, make a request relating to, or complain about these Terms, please contact the GRID Support or mail us at one of the addresses below.

GRID.com B.V.

Radarweg 29

1043 NX Amsterdam

The Netherlands

legal@grid.com

KVK: 86351699

VAT-number: NL863940018B01

IBAN/ABA: NL73SNSB8839194169

SWIFT/BIC: SNSBNL2A

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