Valid from November 20, 2019 1 § Mer Sweden service for public charging 1.1. The customers will have the opportunity to charge their electrical cars on all charging stations operated either by Mer or by third party that has a signed agreement with Mer. These stations must be able to provide a connected identification module for the Mer charging tag or via the Mer Connect Sverige app. Find all charging stations included in the Mer charging network on se.mer.eco or in the Mer Connect Sverige app. 1.2. The terms and conditions of this agreement focus on the Charging service along with the customers’ usage of the Mer tag and app (charging purchase and payment), and comprise charging at any of the stations included in the Mer charging network. 2 § Charging tag 2.1. To get access to the Charging service and being able to use the Mer charging stations, the customer will need a separate charging tag or the Mer app (see below). The charging tag can be ordered on se.mer.eco. 2.2. Mer might run a credit check on the customer. 2.3. After credit approval, Mer will send the charging tag to the customer. Mer reserves the right to decline the issuance of a charging tag. 2.4. The charging tag is valid only at the charging stations included in the Mer charging network. 2.5. When charging on Mer charging stations outside of Sweden a cost is added based on the price list that is valid at the time of charging. 2.6. The cost for each charging occasion will be registered on the owner of the charging tag; that is, using the Charging service will at every occasion be regarded as a charging recognition and a purchase agreement between the customer and Mer. 2.7. The charging tag is personal, yet owned by Mer. Should Mer demand so, the tag will be destroyed or returned to Mer by the customer. The same procedure applies if the agreement between the parts is terminated. Other parts than Mer are not allowed to manipulate or copy the charging tag. 2.8. The customer is responsible for keeping the charging tag safely stored. Damaged tags will be destroyed or returned to Mer, who will replace the tag at a cost of 99 SEK. 2.9. Should the customer lose the charging tag or get notice that the tag has Mern subject to unauthorized use, the customer must immediately call Mer customer service on +46 774 433 900 to block the tag and avoid misuse. Mer may demand that the customer provides a written confirmation of the blocking and, in case the tag has Mern stolen, also a police report. Mer can replace the charging tag at a cost of 99 SEK. 2.10. In accordance with the law (2010:738) regarding unauthorized transactions with payment instruments, Mer is reponsible for losses caused by misuse of the charging tag by another person. However, for unauthorized transactions occuring as a result of the customer’s neglected responsibility according to the Terms of Sales, the customer is fully reponsible for costs up to 12 000 SEK. The customer is never held responsible for losses occuring after the charging tag has Mern blocked according to § 3.8. 2.11. Besides what is stated in § 2.10. Mer will not be reponsible for any losses caused by a lost, damaged or in any other way unusable charging tag. 2 b § The Mer Charging app 2b.1. To provide access to the Charging service and the Mer charging stations, Mer also supplies a mobile application, the Mer app, enabling customers instant payment opportunities at the charging stations. 2b.2. When downloading and registering the Mer app, the customer will also agree to the terms and conditions. 2b.3. Payment via the Mer app requires registering of a credit card, which means that payment for each charging occasion will be withdrawn from the credit card that the Customer first registered. Payment will be made through Stripe. 2b.4. If no credit card is registered, the Mer app can still be used for locating charging stations in the Mer charging network, along with status of the chargers. 2b.5. When charging on Mer charging stations outside of Sweden a cost is added based on the price list that is valid at the time of charging. 2b.6. Mer might run a credit check of the customer. 2b.7. The Mer app is valid only at the charging stations included in the Mer charging network. 2b.8. The cost for each charging occasion will be registered on the holder of the Mer app; that is, each occasion that the Charging service is used will be considered as an approval of charging and a purchase agreement between the customer and Mer. 2b.9. Should the customer get notice of that the Mer app has Mern subject to unauthorized use, the customer must immediately call Mer customer service on +46 774 433 900 to block the app and avoid misuse. Mer may demand that the customer provides a written confirmation of the blocking and, in case the tag has Mern stolen, also a police report. 2b.10. In accordance with the law (2010:738) regarding unauthorized transactions with payment instruments, Mer is reponsible for losses caused by misuse of the Mer app by another person. However, for unauthorized transactions occuring as a result of the customer’s neglected responsibility according to the Terms of Sales, the customer is fully reponsible for costs up to 12 000 SEK. The customer is never held responsible for losses occuring after the Mer app has Mern blocked according to § 2b.9. 2b.11. Besides what is stated in § 2b.10. Mer will not be reponsible for any losses caused by a lost, damaged or in any other way unusable mobile phone with the Mer app. 3 § Equipment and usage of the Mer charging stations 3.1. When needed, the customer will be responsible for supplying a Mode 3 Type 2 cable for AC charging at stations with Mode 3 Type 2 outlets. 3.2. Each owner of the charging stations included in the Mer charging network is responsible for ensuring that their stations meet current standards, laws and regulations. 3.3. The charging capacity depends on several factors, such as the technical conditions of the car, the charging status of the car battery, and the charging station’s facilities. Out of these, the component featuring the lowest level of capacity will be decisive for what effect the electrical car can make use of. This is why Mer cannot guarantee that charging can be carried out within a given maximum time period or at a given minimum effect. 3.4. Instructions on how to use the Mer charging stations are available at or in close proximity to the charging stations. 3.5. The charging stations must be used only for charging of cars approved for Mode 3 charging. 4 § Availability 4.1. The Charging service is available to customers 24/7, but specific restrictions might in some cases cause limited access to the charging opportunities. In addition, valid parking permissions with third party might be required. 4.2. Mer strives to keep all the charging stations within the Mer network as fully functioning as possible. However, should any technical problems occur, Mer will make sure to handle the issue as soon as possible. 4.3. Mer holds the right, without any compensation to the customer, to change, limit access to, or turn off the Charging service or the station due to e.g. updates, maintenance, repairs, or force majeur conditions out of Mer’s control. 5 § Payment 5.1. The usage of the Charging service, thus the charging history of the registered charging tag and the Mer app, will be saved. The amount due for payment by the customer is based on the charging history. 5.2. Payment for charging will be made in arrears via the payment method chosen by the customer. 5.3. The customer is held responsible for all payments applying to the usage of the Charging service via the charging tag or the Mer app. (The customer is not responsible for usage of the Charging service after having reported loss of the charging tag or mobile phone with the Mer app according to § 2. However, these conditions do not apply has the customer’s neglect or careless behaviour caused unauthorized usage.) 5.4. Payment must be made to Mer on the stated due date at the latest. At invoicing, Mer has the right to charge an additional fee according to the current price list. 5.5. Should payment have not been submitted in due time, Mer has the right to demand an extra interest from the customer according to the law of interest (1975:635) starting from the stated due date, along with compensation for costs related to the delay. This also includes costs for written payment reminders and other related operations. 5.6. Should the terms of payment not Mern fulfilled Mer also has the right to suspend a customer until further notice. (See also § 9, Validity of Agreement.) 6 § Consumption (Utilization) data and personal information 6.1. Mer will store and save charging history for every customer (including e.g. information on used charging station, utilized electricity, payment amount, and what time the Charging service was used). The invoicing will be based on the customer’s charging history. 6.2. Mer will handle all personal information in accordance with the applicable legislation on how to manage personal information . Through this agreement the customers will give their consent to Mer handling personal information such as name, personal identification number, address, and phone number, for the purposes stated below. The consent of the customer forms the base for how Mer handles personal information and is crucial for completing the Terms of Sales. Should the customer withdraw the consent Mer might still be handling the personal information when needed to complete obligations connected to the Terms of Sales and the legislation. Mer will collect all the personal information needed to fulfill agreements and secure its juridical rights. Personal information might also be used in marketing and customer analyses, business control, business development, and risk management, as well as for direct marketing activities approved by the customer. For more information on customer rights related to the handling of personal information etc., see the Mer policy for personal data on se.mer.eco. For questions regarding personal information, call Mer on +46 774 433 900 or send an email to [email protected] 7 § Responsibility for damages, malfunctions, etc. 7.1. Mer is neither responsible for damages caused by insufficient compatibility between the customer’s car and the charging station, nor by usage of the Charging service or the charging station not compliant with applicable instructions and technical specifications stated in this agreement or presented to the customer in any other way. 7.2. Mer is not responsible for any indirect or consequential damages to the customer’s property that have occurred as a result of the customer’s usage of the charging service or charging station. 7.3. Should a charging station be closed down or not function properly, the customer is not entitled to any compensation. 7.4. The customer is responsible for following all directions and requirements in accordance with the instructions supplied by Mer over time. This includes ensuring that the chargeable car used by the customer in the Charging service meets all charging requirements. 7.5. The customer is also responsible for ensuring that neither the charging tag nor the Mer app will be exposed to unauthorized usage. 7.6. Without prior notice, Mer holds the right to block the charging tag and the Mer app in case of misuse, at the risk of unsafe usage of the charging tag or the Mer app, suspicion of unauthorized use, or at the risk of the customer’s insufficient obligations towards Mer. 8 § Transfer agreements 8.1. The customer agrees to that Mer, on unchanged terms, may transfer its rights and obligations stated in this agreement to another party within the same corporation that can be expected to sufficiently provide equal conditions as those stated in this agreement. 8.2. The customer does not have the right, neither partly nor entirely, to transfer rights and obligations stated in this agreement to any other part. 9 § Agreement validity 9.1. These terms of agreement are valid until further notice. Should the customer violate the terms or use the Charging service or a charging station in a manner that causes any inconvenience or damage to Mer, Mer has the right to terminate this agreement without prior notice. 10 § Change of terms 10.1 Mer has the right to make changes to this agreement given that the customer has been informed of the change via email at least two months prior to the commencement. The customer is considered fully informed two days after the email has been sent. 11 § Customer service 11.1 Contact the Mer customer service either by phone +46 774 433 900 or by email to [email protected] Written mail is sent to Mer Sweden AB, Södra Stenbocksgatan 77, 252 47 Helsingborg, Sweden. 12 § Applicable law and disputes 12.1 These Terms of Sales are governed by Swedish law. 12.2 Disputes related to the Terms of Sales will be settled in a Swedish public court with Helsingborg as court of first instance.