Terms of Service for TotalEnergies - Charging
TotalEnergies Marketing Mauritius Ltd is a company incorporated under the laws of the Republic of Mauritius, whose registered office is located at Chaussée Tromelin, Port-Louis, Mauritius, registered under company number C07000961 (“TEMML”).
The application provider (“App Provider”) provides the TotalEnergies - Charging app (“TotalEnergies - Charging”) that you can use to facilitate location of paid parking services provided by TEMML and/or TEMML’s partner, with free electric vehicle charging services included ("Park & Charge Service").
The App Provider only provides TotalEnergies - Charging. The contractual relationship for the supply and purchase of the Park & Charge Service is between you and TEMML. The App Provider is not in any way a party hereto. The identity of TEMML will appear on the TotalEnergies - Charging when you use a parking space.
Section 1 – TotalEnergies - Charging
1.1. TotalEnergies - Charging can be downloaded via the App Store or Google Play.
1.2. You can use TotalEnergies - Charging to facilitate location of paid parking services provided by TEMML, with free Park & Charge Services included. You should always ensure to comply with parking rules when using the Park & Charge Services. TEMML is not liable for any fines, damages, or liability due to you not adhering to the parking rules, regulations or laws while using TotalEnergies - Charging.
1.3. To use TotalEnergies - Charging you must create a user account (“User Account”) and accept these terms of service. Creating a User Account requires you to enter your name, email, payment details and for you to create a password to your User Account ("Password").
1.4. A User Account may only be created and TotalEnergies - Charging may only be used by individuals of 16 years of age or older.
1.5. You must at all times keep your Password confidential and ensure that third parties do no obtain access hereto. You must notify the App Provider using the contact information in TotalEnergies - Charging immediately if you suspect or become aware that your Password has been disclosed or misused by a third party or you suspect or becomes aware that your TotalEnergies - Charging User Account has been used without your permission. The App Provider may demand that you confirm this blocking in writing, and in the event of theft, the App Provider can also demand that you report the incident.
Section 2 – Park & Charge Services
2.1. You can use TotalEnergies - Charging to obtain Park & Charge Services from TEMML.
2.2. The contractual relationship for the supply and purchase of the Park & Charge Services is between you and TEMML and the App Provider is not in any way a party hereto.
2.3. The instructions for using the Park & Charge Services are provided by TEMML and can be found either in TotalEnergies - Charging or next to the parking spaces. The Park & Charge Services may only be used in accordance with the instructions to recharge electric vehicles.
2.4. The charging capacity of the charging stations depends on multiple factors, such as the condition of the electric vehicle, the battery level and the capacity of the charging station, and the component with the lowest common denominator will be the decisive factor for what charge the electric vehicle can receive. TEMML can therefore not guarantee that your electric vehicle is recharged within a minimum/maximum period of time.
Section 3 – Availability
3.1. The App Provider and TEMML may do their best efforts and as far as it is reasonably practicable for them to do so, to ensure that TotalEnergies - Charging is available at all times. However, TotalEnergies - Charging may be unavailable at times for instance due to maintenance, technical issues, etc and TEMML and/or the App Provider shall not be held liable for the same.
3.2. TEMML may do its best efforts and as far as it is reasonably practicable for it to do so, do its best efforts to ensure that the Park & Charge Services are available as set out in TotalEnergies - Charging. The Park & Charge Services may, however, be unavailable or limited at certain times for instance due to maintenance, technical issues and this may not at all times be reflected correctly in TotalEnergies - Charging. TEMML shall therefore not be held liable for the same.
3.3. TEMML reserves the right to update, change, limit access to or remove charging stations from TotalEnergies - Charging.
Section 4 – Payment for Park & Charge Services
4.1. Prices for Park & Charge Services will appear in TotalEnergies - Charging. To pay for Park & Charge Services through TotalEnergies - Charging you shall use a payment card. When using a Park & Charge Services, you will need to select the payment method you want to use for the specific Park & Charge Services.
4.3. Card Payment
4.3.1. If you chose to pay for a Park & Charge Service by using a payment card, you need to enter your payment details in TotalEnergies - Charging.
4.3.2. Upon said payment, you will receive a receipt in TotalEnergies - Charging and also on your email and which will contain the total charging consumption and total price.
Section 5 – Rights
5.1. All rights to TotalEnergies - Charging, including all intellectual property rights, related to TotalEnergies - Charging vest with TEMML and its sub-contractors. You will receive a non-exclusive right to use TotalEnergies - Charging during the term of the contractual relationship between you and TEMML.
5.2. All rights to data collected from you and your Accounts vest with TEMML.
Section 6 – Privacy
6.1. TEMML processes personal data as set out in TEMML’s privacy notice available here: https://services.totalenergies.mu/cookies-et-confidentialite
6.2. In order to provide the Park & Charge Services, TEMML may process your personal data. By signing this agreement, you hereby consent to the collection, processing, transfer and use of your personal data. In order to provide the Park & Charge Service, TEMML may transfer your personal data to the App provider and other relevant Service Providers. TEMML shall not keep your personal data for any longer than is necessary considering the purpose of providing the Park & Charge Services. When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay. As a data subject, you shall have the rights to be informed, of access, of rectification, of erasure and to restrict processing of your personal data.
Section 7 – Liability for errors, etc.
7.1. TEMML shall not in any way be liable for any aspect of the delivery of the Park and Charge Services.
7.2. TEMML shall not in any way be liable in case of misuse of the Equipment by the End User.
7.3. TEMML shall not in any way be liable in case of a technical problem originating from a defective End User’s electric vehicle or from a defective End User’s cable.
7.4. TEMML shall not be liable for any incorrect information in TotalEnergies - Charging including information on availability of Park and Charge Services. You will not be entitled to any compensation if a Park & Charge Service is closed or not working regardless of this not being properly reflected in TotalEnergies - Charging.
7.5. TEMML shall not be liable for losses incurred by you caused by wrong or inaccurate information in the context of using TotalEnergies - Charging . The same applies to situations where TotalEnergies - Charging is not operational.
Section 8 – Transfer of contract
8.1. TEMML may transfer all or parts of its rights and obligations under this agreement to another company in the same group or to a third party that can reasonably be expected to meet the obligations under this agreement in a satisfactory manner.
8.2. You may not transfer or otherwise pass on the rights or obligations under this agreement to another party.
Section 9 – Term
9.1. The terms of this agreement are in effect during the period of the agreement, that is as from the creation of a User Account.
9.2. You may terminate this agreement at any time by deleting your User Account through the TotalEnergies - Charging App.
9.3. TEMML reserves the right to block your User Account or permanently limit your access to your User Account, at its sole discretion. Further, TEMML shall be entitled to terminate this agreement with immediate effect if you violate the terms and conditions of this agreement or use the Park and Charge Services or a charging station in such a manner that it creates problems for TEMML or results in damage.
9.4. TEMML may at any time, at its sole discretion, cease the operation of TotalEnergies - Charging or any part thereof, temporarily, or permanently, without giving any prior notice. You agree and acknowledge that TEMML does not assume any responsibility with respect to, or in connection with the termination of TEMML’s operation.
Section 10 – Amendments
10.1. TEMML shall be entitled to amend these terms and conditions at any time with immediately effect and without given notice.
10.2. TEMML reserves the right to modify, amend, correct, improve, make any other changes to, or discontinue, temporarily or permanently, TotalEnergies - Charging without notice at any time.
Section 11 – Jurisdiction and disputes
11.1. This Agreement and any dispute or claim arising out of or in connection with them, their subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Mauritius.
11.2. Any disputes arising out under this agreement shall be settled according to the laws of the Republic of Mauritius and the court of the Republic of Mauritius shall have exclusive jurisdiction.
Section 12 – Customer service and complaints
12.1. TEMML’s customer service can be contacted by contacting TEMML using the contact details set out in TotalEnergies - Charging.