PREAMBLE

The Cannes Pays de Lérins Urban Community, the Pays de Grasse Urban Community, the Sophia Antipolis Urban Community, the Alpes d'Azur Community of Municipalities, and the Estérel Côte d'Azur Urban Community provide a network of charging stations for electric and plug-in hybrid vehicles installed on public roads, subject to these General Terms and Conditions of Access and Use ("GTCAU"). The operation of this network, known as WiiiZ, has been entrusted to SMEG Développement (operating under the brand name "EVzen"), a public limited company incorporated under the laws of Monaco with a share capital of €150,000, whose registered office is located at 10 Avenue de Fontvieille, 98000 Monaco, and registered with the Monaco Trade and Industry Register (RCI) under number 20 S 08489 (the "Operator" or "EVzen").

These General Terms and Conditions of Access and Use, together with the Subscription Form where applicable, collectively form the Agreement as defined below and constitute an indivisible whole.

 

ARTICLE 1 – DEFINITIONS

Capitalized terms used in these General Terms and Conditions shall have the meanings set out below. 

"Subscriber": means any natural or legal person (whether governed by private or public law) who uses the Charging Service through the Application by creating a Personal Account. A Subscriber may or may not subscribe to the monthly subscription plan. 

"Accessories": means any approved equipment enabling a Vehicle to be connected to a Charging Station. An approved charging cable provided by the Subscriber or User is considered an Accessory. 

"Application": means the mobile application available as part of the Charging Service, known as WiiiZ, operating on iOS and Android platforms, which enables a Subscriber, in particular, to locate and use a Charging Station, create and access a Personal Account to view or modify personal data, view charging history and related invoices. It also enables Anonymous Users to locate and use Charging Stations. 

"WiiiZ Badge(s)": means the RFID badge(s) issued to the Subscriber upon subscription or during the term of the Agreement, enabling access to and use of the Charging Service. 

"Third-Party Badge(s)": means badge(s) issued by mobility operators other than the Operator and authorized by WiiiZ, enabling a Third-Party User to access and use Charging Stations under Inbound Roaming Services. 

"Charging Station(s)": means the vehicle charging stations operated by the Operator and made available within the Charging Service governed by these General Terms and Conditions of Access and Use. A Charging Station is equipped with one or more Charging Points. 

"Third-Party Charging Station(s)": means vehicle charging stations other than those belonging to the WiiiZ network, which a Subscriber may access and use with a WiiiZ Badge under Outbound Roaming Services. 

"EPCI" or "Inter-Municipal Authorities": means the Cannes Pays de Lérins Urban Community, the Pays de Grasse Urban Community, the Sophia Antipolis Urban Community, the Alpes d'Azur Community of Municipalities, and the Estérel Côte d'Azur Urban Community. 

"General Terms and Conditions of Access and Use" or "GTCAU": means this document accepted by the Subscriber when subscribing to the Charging Service, or by the Anonymous User when using the Application. 

"Agreement": means the charging service agreement entered into by the Subscriber or Anonymous User with the Operator. The Subscription Form and these GTCAU together constitute the Agreement. 

"Operator": means EVzen as identified in the Preamble. 

"Subscription Form": means the subscription form completed and accepted by the Subscriber through the Website or the Application. The Subscription Form forms an integral part of the Agreement. 

"Inbound Roaming Services": means the ability of a Third-Party User to access and use Charging Stations with a Third-Party Badge without having entered into an Agreement with the Operator. 

"Outbound Roaming Services": means the ability of a Subscriber to access and use Third-Party Charging Stations with a WiiiZ Badge, without the need to subscribe directly to the operators of those Third-Party Charging Stations. 

"Partner(s)": means EVzen's partners involved in the deployment and operation of Charging Stations as part of the Charging Service. 

"Consumer": means any Subscriber or User who is a natural person using Charging Stations for purposes outside any commercial, industrial, craft, or professional activity. 

"Charging Point": means an interface integrated into a Charging Station and associated with a parking space, enabling the charging of one Vehicle at a time. 

"Charging Session": means the various charging services that may be offered as part of the Charging Service, namely:

• Standard Charging: charging power less than or equal to 3 kW.
• Accelerated Charging: charging power between 3 kW and 22 kW.
• Fast or High-Power Charging: charging power greater than 22 kW.

"Charging Service": means the charging service governed by the Agreement, as described in the Preamble and Article 2. 

"Website": means the Charging Service website available at the following address: www.wiiiz.fr. 

"Charging Hub": means a charging facility within the Charging Service consisting of two parking spaces equipped with Charging Stations capable of providing Standard, Accelerated, or Fast Charging. The list of Charging Hubs available under the Charging Service is accessible on the Website and through the Application. 

"User": means either an Anonymous User and/or a Third-Party User using the Charging Service. 

"Anonymous User": means any natural or legal person (whether governed by private or public law) using the Charging Service outside the Application and without creating a Personal Account. 

"Third-Party User": means any natural or legal person (whether governed by private or public law) using Charging Stations under Inbound Roaming Services. 

"Vehicle": means the Subscriber's or User's private electric or plug-in hybrid vehicle for which the Charging Service is used. Unless otherwise specified, the term "Vehicle" refers both to the vehicle itself and to its Accessories. A Vehicle may be a passenger car, a light commercial vehicle, an electric scooter, or an electric motorcycle.

 

ARTICLE 2 – PURPOSE OF THESE GTCAU AND DESCRIPTION OF THE CHARGING SERVICE 

2.1. These GTCAU define the terms and conditions governing subscription to and use of the Charging Service between the Operator and the Subscriber or Anonymous User. Use of the Charging Service and Charging Stations is subject to the Subscriber’s or Anonymous User’s acceptance of and compliance with the rights and obligations set out in these GTCAU.

Third-Party Users accessing Charging Stations under Inbound Roaming Services by means of a Third-Party Badge shall also be subject to the access, usage, and safety rules applicable to Charging Stations as set out in these GTCAU. 

2.2. The Charging Service includes the following services: 

• Access to Vehicle Charging
As part of the Charging Service, the Subscriber or User may charge their Vehicle at a parking space equipped with a Charging Station. Subscribers access and use the Charging Service using a WiiiZ Badge or through the Application. As part of the Charging Service, Subscribers may request the issuance of an unlimited number of WiiiZ Badges per Agreement, either at the time of subscription or during the performance of the Agreement. Anonymous Users access and use the Charging Service by following the instructions displayed on the relevant Charging Station. 

• Access to the Personal Account
Accessible through the Website or the Application, the Personal Account enables Subscribers, in particular, to activate a WiiiZ Badge, view invoices, and review their charging history (location, duration, and cost of each Charging Session). 

2.3. The Agreement also provides access to and use of Third-Party Charging Stations using a WiiiZ Badge within the framework of Outbound Roaming Services.

 

ARTICLE 3 – SUBSCRIPTION CONDITIONS AND PROCEDURES 

3.1. Subscription to the Charging Service is open to both legal entities and individuals, subject to acceptance of and compliance with these GTCAU, and the provision of the required information.

The Subscriber declares that all information and documents provided during the subscription process are accurate and undertakes to inform the Operator without delay of any changes through their Personal Account or by email to the address specified in Article 17.2. Failure to provide such notification, or the provision of incomplete or inaccurate information, may result in the automatic termination of the Charging Service. 

3.2. The Subscriber may request access to the Charging Service by entering into an Agreement through the Website or the Application. The Subscriber must complete the online Subscription Form, read and accept these GTCAU. By subscribing to the Charging Service, the Subscriber acknowledges having read and accepted these GTCAU. 

3.3. Provided that they have read and agreed to comply with these GTCAU, an Anonymous User may access and use the Charging Service using their mobile phone while present at a Charging Station by following the instructions set out below and displayed on the Charging Station:

1. The Anonymous User scans the QR Code displayed on the Charging Station using their mobile phone;

2. The Anonymous User validates the card pre-authorisation. Once validated, charging may begin;

3. The Anonymous User receives their invoice at the email address they have provided (optional).

The Anonymous User must start the Charging Session within the time period indicated. Failing this, they will be required to restart the Charging Station customer process described above.

 

ARTICLE 4 – RIGHT OF WITHDRAWAL 

4.1. Consumer Subscribers 

In accordance with the provisions of the French Consumer Code (Articles L.221-18 to L.221-28), a Consumer Subscriber who subscribes remotely benefits from a right of withdrawal, which may be exercised without penalty and without giving any reason, within fourteen (14) calendar days from the subscription date. Where this period expires on a Saturday, Sunday, or public holiday, it shall be extended until the next business day.

The Consumer Subscriber shall notify the Operator of the exercise of the right of withdrawal by returning the withdrawal form provided in these GTCAU, or by any other clear and unambiguous statement, together with their WiiiZ Badge (if already received), to the address indicated thereon, or by sending written notice to the Operator at the postal address specified in Article 17.2.

Where the right of withdrawal is exercised, the Operator shall reimburse the Consumer Subscriber, where applicable, including in particular any monthly subscription fees paid, for all sums paid under the Agreement within fourteen (14) days from the date on which the Operator is informed of the Subscriber's decision to withdraw.

The Consumer Subscriber may expressly request immediate access to the Charging Service without prejudice to the right of withdrawal. In such cases, if the Subscriber subsequently exercises the right of withdrawal, they shall remain liable for all amounts owed to the Operator in respect of their subscription and use of the Charging Service up to the date on which the right of withdrawal is exercised, including any monthly subscription plan from which they benefited and through which they obtained preferential pricing. 

4.2. Anonymous Consumer Users 

Anonymous Consumer Users are informed that they may not exercise their right of withdrawal where they request that the Charging Session be fully performed before the expiry of the withdrawal period and where the Charging Service is provided for immediate use, in accordance with Article L.221-28(1) of the French Consumer Code.

 

ARTICLE 5 – CONDITIONS OF ACCESS TO AND USE OF THE CHARGING SERVICE

5.1. Application and WiiiZ Badge

Subscribers may access the Charging Stations of the Charging Service through the Application via their Personal Account or by means of a WiiiZ Badge. Each WiiiZ Badge enables the Subscriber to:

• Access the Charging Stations available as part of the Charging Service and charge a Vehicle by identifying themselves as a Subscriber;
• Initiate a Charging Session and start the billing of the associated Charging Service by presenting the WiiiZ Badge to the reader located on the Charging Station.

The WiiiZ Badge is not a means of payment. 

The WiiiZ Badge becomes the property of the Subscriber upon receipt and must be activated by the Subscriber via the Website or the Application before it can be used, using the badge number and activation code printed on the WiiiZ Badge. 

Precautions for Use 

Each WiiiZ Badge contains a chip and an antenna, the proper operation of which depends on basic handling precautions. The Subscriber is solely responsible for the use of each WiiiZ Badge issued and undertakes to comply with all usage instructions provided, including not subjecting the badge to twisting, bending, cutting, extreme temperatures, electromagnetic interference, excessive humidity, or any other treatment likely to impair its proper functioning. Failure to comply with these instructions may degrade the Charging Service and result in billing anomalies. 

Loss, Theft or Defect of WiiiZ Badge(s) 

In the event of the loss or theft of a WiiiZ Badge, the Subscriber must immediately deactivate the badge through their Personal Account. Failing this, the Operator shall not be liable for any fraudulent use of the lost or stolen badge by a third party, and the Subscriber shall remain liable for all charges incurred through use of the badge until its deactivation. The Subscriber may request the issuance of replacement WiiiZ Badges, which shall be provided and invoiced in accordance with the pricing conditions available on the Website.

In the event of a malfunction affecting a WiiiZ Badge, the Subscriber shall notify the Operator without delay and return the defective WiiiZ Badge to the Operator at the postal address specified in Article 17.2, at the Subscriber’s expense.

If, following verification, the malfunction is found not to be attributable to the Subscriber, the defective WiiiZ Badge shall be replaced free of charge. Such replacement shall constitute the Operator’s sole obligation.

If the malfunction is attributable to the Subscriber, the Subscriber may request the issuance of a new WiiiZ Badge through their Personal Account, which shall then be invoiced in accordance with the pricing conditions published on the Website. 

Replacement or Withdrawal of a WiiiZ Badge 

The Operator may decide to deactivate or replace a WiiiZ Badge in the event of termination of the Agreement by the Operator, fraud, alteration or counterfeiting of the WiiiZ Badge, or incompatibility with improvements made by the Operator to the Charging Service and/or the Charging Stations. In all cases, the Operator shall notify the Subscriber in advance, provide a replacement WiiiZ Badge, and deactivate the previous badge, rendering it unusable on the Charging Stations. The Subscriber shall activate the replacement badge in accordance with these GTCAU. 

5.2. Access to and Use of Charging Stations Using a Third-Party Badge 

Third-Party Users may access Charging Stations by using a Third-Party Badge authorized under the agreements entered into between the Operator and other EMSPs[BL1]  (e-Mobility Service Providers). 

5.3. Conditions of Use of the Charging Service 

To use a Charging Station, the Subscriber or User must park the Vehicle in a designated parking space within a Charging Hub, identifiable through specific signage and road markings.

The Subscriber or User must provide an approved charging cable compatible with the Charging Station and suitable for connecting their Vehicle to the Charging Station.

Before each use, the Subscriber or User must ensure that the selected Charging Point meets their charging needs and is compatible with the technical specifications of their Vehicle.

To charge their Vehicle, the Subscriber or User must present their badge to the Charging Station’s badge reader to unlock access to the Charging Point and allow connection of the Vehicle. If the user is an Anonymous User, they must scan the QR Code displayed on the Charging Station in order to initiate the unlocking process through the Application. The charging cable must then be connected both to the Charging Point and to the Vehicle.

At the end of the Charging Session, the Subscriber or User must release the Charging Station by disconnecting the charging cable from both the Vehicle and the Charging Point in accordance with the customer instructions provided for the Charging Station.

If the Charging Station cannot be properly released, the Subscriber or User must notify the Operator by calling the telephone number displayed on the Charging Station or specified in Article 17.1 (selecting Technical Assistance). 

5.4. Allocation of Parking Spaces for Charging 

The parking spaces located within Charging Hubs and dedicated to the Charging Service may only be used for charging Vehicles. Accordingly, the Subscriber or User must:

1. Not occupy these parking spaces without charging a Vehicle; and
2. Vacate the parking space if the Vehicle is no longer charging or if the Charging Session is interrupted.

5.5. Safety 

Subscribers and Users are reminded of the importance of verifying the good condition of all Accessories before using any Charging Station. Subscribers and Users must remain attentive to any warning signals displayed by the indicator lights on the Charging Station and/or on their Vehicle. In the event of an alert, anomaly, or malfunction affecting the Charging Station, the Subscriber or User shall take all necessary precautionary measures to ensure the safety of the Vehicle and third parties, including immediately disconnecting the Vehicle and calling the number specified in Article 17.1 (selecting Technical Assistance). The following are strictly prohibited:

• Use of non-approved adapters;
• Any attempt to force open or tamper with a Charging Station;
• Any handling or operation other than those described in the user instructions;
• Leaving a charging cable lying on the ground;
• Any conduct likely to create a hazard or cause damage.

 

ARTICLE 6 – TERM 

6.1. Subscribers to the Charging Service 

The Agreement is entered into and becomes effective on the date the Subscriber validates the Subscription Form, and shall remain in force for an indefinite period. As the Agreement is concluded remotely, it shall be deemed entered into on the date the Subscriber receives the email confirming acceptance of their subscription request. 

6.2. Anonymous Users 

Each Charging Session carried out by an Anonymous User is performed without any ongoing commitment.

 

ARTICLE 7 – PRICING, BILLING AND PAYMENT TERMS 

7.1. Charging Service Pricing 

Subscribers may, without commitment, subscribe to a monthly plan allowing them to benefit from preferential rates.

Applicable rates are displayed on each Charging Station and on the Website. Rates vary depending on whether or not a monthly subscription plan has been taken out, the type of charging selected, and the charging area (urban or mountain zone).

All Subscribers and Users are responsible for ensuring in advance that their Vehicle is compatible with the charging power available. 

7.2. Billing and Payment Terms 

Invoices relating to the Charging Service are issued by the Operator in the name and on behalf of the Inter-Municipal Authorities under a revenue collection mandate granted by them.

Invoices are made available electronically through the Subscriber’s Personal Account or sent to the email address provided by Anonymous Users.

Invoices become due upon issuance. Payment is due on the date of the Charging Session. In the event of a dispute regarding an invoice, the obligation to pay shall not be suspended.

Subscribers agree to pay invoices relating to the Charging Service using the payment card registered in their Personal Account.

Payment details provided when registering a payment method are neither known nor stored by the Operator but are processed and stored by the payment service providers, which make available their service terms and payment security conditions.

Payment by cheque is not accepted.

This procedure does not apply to public entities subject to public accounting rules. Where the Subscriber is a public entity, the Operator may issue invoices in accordance with the applicable public-sector billing procedures and payment regulations (including, for example, the use of the Chorus Pro platform). 

Bank Card Pre-Authorisation 

When a Subscriber registers a payment card, or prior to the use of the Charging Service, a bank card pre-authorisation may be carried out by the payment service provider appointed by the Operator.

This pre-authorisation does not constitute a payment. It is intended solely to verify the validity of the payment method and secure payment for charging services.

The amount corresponding to the pre-authorisation is temporarily reserved by the Subscriber’s bank and is automatically released once the payment method has been verified for Subscribers, or once the exact amount due for the Charging Session has been settled in the case of an Anonymous User. The Subscriber acknowledges that a bank card pre-authorisation is a temporary hold and that the actual release period of the funds depends exclusively on their banking institution. 

Measures in the Event of Non-Payment or Payment Incidents

In the event of failure to pay invoices in full within the required timeframe, or in the event of a failed payment:

• The Operator shall inform the Subscriber by email or any other contact method provided that the amounts due remain unpaid and that access to the Charging Service has been suspended;
• If payment is not received, or no agreement is reached between the Operator and the Subscriber within ten (10) calendar days following suspension of access to the Charging Service, the Operator may terminate the Agreement in accordance with Article 11.2. The unpaid debt information shall be transmitted by the Operator to the relevant Inter-Municipal Authorities for referral to the competent Public Treasury authority;
• At any time, if the Subscriber pays the outstanding amount, access to the Charging Service shall be reinstated.

7.3. Charges for Replacement or Additional WiiiZ Badges 

Where a Subscriber requests the replacement of one or more WiiiZ Badges or the issuance of additional WiiiZ Badges, a fee shall be charged in accordance with the rates published on the Website. 

7.4. Use of Charging Stations by Anonymous Users Through the Application 

Anonymous Users may access the Charging Service by scanning the QR code displayed on the Charging Station. Downloading and using the Application is free of charge (excluding any communication charges or data charges that may be applied by the user's mobile network operator). 

7.5. Use of Charging Stations with a Third-Party Badge 

Access to and use of Charging Stations through a Third-Party Badge shall be billed to the Third-Party User based on the data transmitted by the Operator to that user's mobility service provider and according to the pricing established by the Inter-Municipal Authorities. This shall be without prejudice to any subscription fees or other charges applied by the mobility service provider under the agreement concluded between the Third-Party User and that provider. The Third-Party User shall pay such amounts in accordance with the payment procedures established by their mobility service provider.

 

ARTICLE 8 – OBLIGATIONS AND LIABILITY OF THE SUBSCRIBER AND USER 

8.1. The Subscriber or Anonymous User undertakes to use the Charging Service in accordance with these GTCAU and only after having accepted them. In this respect, the Subscriber or User undertakes to:

• Use the Charging Station in a normal manner, in accordance with its intended purpose and the technical specifications of their Vehicle;
• Comply with the Vehicle manufacturer's instructions regarding the maximum charging duration and charging power;
• Connect only electric vehicles or plug-in hybrid vehicles lawfully placed on the market to the Charging Station. Where a charging cable is supplied by the Subscriber or User, such cable must be approved and compliant with applicable standards;
• Inform the Operator of any malfunction or damage affecting a Charging Station by calling the number specified in Article 17.1 (selecting Technical Assistance).

8.2. The Subscriber, particularly where they have requested several WiiiZ Badges, shall remain solely liable to the Operator. 

8.3. The Subscriber or User shall be responsible, towards the Operator, the Inter-Municipal Authorities, and third parties alike, for their Vehicle and its Accessories, over which they retain full custody and responsibility during any Charging Session and/or while parked at a Charging Hub. 

8.4. Except in cases of force majeure as defined by Article 1218 of the French Civil Code, the Subscriber or User shall be liable towards the Operator and/or the Inter-Municipal Authorities for any loss, damage, or cost incurred by the Operator and/or the Inter-Municipal Authorities resulting from the Subscriber's or User's use of a Charging Station and/or Accessories that do not comply with these GTCAU and which has caused damage to the Charging Station. Such liability may include, in particular, the cost of repairs necessary to restore the Charging Station to proper working order, as well as, where applicable, intervention costs, travel expenses, and costs associated with the temporary unavailability of the Charging Station. 

8.5. These GTCAU are binding upon the Subscriber or User, the payer (where different), and any holder of a WiiiZ Badge, even where such holder did not personally subscribe to the Agreement. 

The Subscriber remains fully responsible for the custody and use of all WiiiZ Badge(s) and for compliance with these GTCAU by all holders of such badges. The Subscriber shall remain solely liable towards the Operator. 

8.6. Subscribers and Users are reminded that parking spaces reserved for the Charging Service may only be used for the charging of Vehicles. Accordingly, it is strictly prohibited for a Subscriber or User to occupy a parking space reserved for the Charging Service if the Vehicle is not connected to a Charging Station. Any improper occupation of parking spaces reserved for the Charging Service in breach of the above prohibition may result in a parking violation notice being issued by the competent law enforcement authorities.

 

ARTICLE 9 – OPERATOR LIABILITY 

9.1. The Operator's liability may only be engaged within the limits provided for under the general rules of contractual civil liability, namely in respect of damages that are the direct consequence of a failure by the Operator to perform its contractual obligations. 

9.2. Under no circumstances shall the Operator be held liable, towards the Subscriber or User, for:

• The loss, damage, or theft of the Vehicle, its Accessories, or any personal belongings during a Charging Session or while parked. The Operator assumes no monitoring or surveillance obligation;
• Any consequences arising from fraud, misuse, or use of a WiiiZ Badge for purposes other than those for which it is intended by the Subscriber;
• Any incidents, damage, or risks resulting from a defect affecting the Vehicle, its battery, its electrical system, or any Accessory supplied by the Subscriber or User;
• The malfunction, unavailability, or temporary disruption of the Charging Service, one or more Charging Hubs, the Website and/or the Application, including in the event of:

• Total or partial disruption and/or unavailability of GSM/GPRS/3G networks or the Internet;
• Computer viruses transmitted via the Internet;
• Interruption of services accessible through the Website and/or the Application;
• Maintenance, reinforcement, redevelopment, or expansion works carried out on GSM/GPRS/3G network infrastructure by the telecommunications operator used for the Charging Service by the Inter-Municipal Authorities;
• Deterioration of GSM/GPRS/3G or GPS signal quality, in particular due to weather conditions;
• Interruptions, limitations, or reductions in power supply resulting from electrical infrastructure, the public electricity distribution network, or any intervention by a network operator;
• The inability to provide the Charging Service, or the inaccessibility or unavailability of one or more Charging Hubs due to roadworks, utility works, or other operations initiated by a third party, including public authorities, requiring the temporary shutdown of installations;

• Any event of force majeure within the meaning of Article 1218 of the French Civil Code;
• Indirect damages, including but not limited to loss of business opportunities, commercial loss, loss of customers, business interruption, loss of profit, or damage to reputation and brand image.

9.3. The Operator is not responsible for the maintenance or upkeep of Charging Hubs, which is entrusted by the Inter-Municipal Authorities to one of their service providers. However, in the event of a malfunction, breakdown, or defect affecting a Charging Hub that prevents charging, the Subscriber or User shall contact the Operator directly. The Operator may then call upon the relevant service provider where its intervention is necessary to resolve the issue. 

9.4. The Charging Service may be interrupted as a result of public-space works or inspections initiated by the Inter-Municipal Authorities, their contractors, or any third party. The Operator shall not be held liable by the Subscriber or User for any interruption of a Charging Session, unavailability of the Charging Service, or inaccessibility of Charging Hubs resulting from such circumstances. 

9.5. The Charging Service is provided on a self-service basis and subject to reasonable availability, without any guarantee of continuity, performance, or uninterrupted access. The Operator does not guarantee:

• The absence of interruptions to the Charging Service;
• A maximum repair timeframe in the event of a malfunction;
• The availability of any particular Charging Station.

Accordingly, the Operator shall not be held liable for the unavailability of Charging Stations.

 

ARTICLE 10 – PERSONAL DATA 

10.1. The Inter-Municipal Authorities, acting in their capacity as Data Controllers, implement appropriate measures to ensure the protection, integrity, and confidentiality of Subscribers' and Users' personal data that they collect, store, or process, in compliance with the provisions of French Law No. 78-17 of January 6, 1978, as amended, relating to information technology, data files, and civil liberties, and 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 (the "GDPR").

The Operator, a company incorporated under the laws of Monaco, acts as a Data Processor within the meaning of Article 28 of the GDPR on behalf of the Inter-Municipal Authorities. 

10.2. Data collected in connection with the Charging Service is intended for the Inter-Municipal Authorities (acting as Data Controllers), the Operator (acting as Data Processor), as well as their respective technical service providers and partners involved in the performance of the Agreement and the Charging Service, financial and postal institutions involved in payment operations, and any third parties authorized pursuant to applicable legal or regulatory provisions.

Where certain processing activities or technical operations are carried out from Monaco, personal data may be accessed or processed from a country located outside the European Union. Such access constitutes an international transfer of personal data to a third country and is therefore subject to appropriate safeguards in accordance with Article 46 of the GDPR, including the implementation of Standard Contractual Clauses between the Inter-Municipal Authorities and the Operator. 

10.3. Personal data is collected for the purposes of subscribing to, providing, and performing the Agreement, as well as to enable the management of the Charging Service, based on the legal grounds set out in Article 6 of the GDPR (performance of a contract, compliance with a legal obligation, and the legitimate interests of the Inter-Municipal Authorities and the Operator). The data processed includes, in particular:

• Identification data (surname, first name, contact details);
• Contract-related data (account information, subscription details);
• Electronic identification data (badge number, user identifier);
• Payment data;
• Charging session data (date, time, charging point used, duration, energy delivered);
• Technical and logging data; and
• Correspondence and communications with the Operator.

The collection of certain data is mandatory where such information is necessary for the management of the Agreement, including billing and debt recovery purposes.

Other data, relating in particular to charging sessions carried out by Subscribers or Users on the WiiiZ network, is used in anonymized form for statistical purposes and for the analysis and improvement of the Charging Service.

Technical and logging data is collected automatically in order to ensure the security of the Charging Service, enable technical monitoring of Charging Stations, detect anomalies, and prevent fraud. 

10.4. Data relating to the management of the Agreement and requests not to receive marketing communications is retained for the duration of the Agreement and for five (5) years following its termination or expiry, in accordance with the applicable statutory limitation periods. Technical and logging data is retained for a period of three (3) months. Data that has been irreversibly anonymized may be retained indefinitely. 

10.5. Subscribers and Users have the right, with regard to their personal data, to access, rectify, and object free of charge to the processing of their personal data, as well as the right to restriction of processing and the right to data portability.

Subscribers and Users may exercise these rights:

• By contacting the Operator by post or email using the contact details provided in Article 17;
• With regard to electronic marketing communications, by using the unsubscribe link included in emails sent by the Operator; and
• By contacting EVzen's Data Protection Officer (DPO) by email at dpo@smeg.mc or by post at: SMEG Développement – Data Protection Officer – 10 Avenue de Fontvieille, 98000 Monaco.

Subscribers and Users also have the right to lodge a complaint with the French Data Protection Authority (CNIL): https://www.cnil.fr/fr 

When exercising their rights, Subscribers and Users must provide the Operator with the information necessary to verify their identity (including surname, first name, and Subscriber/User number), as well as any information necessary to process the request.

Where there is reasonable doubt regarding the identity of the requester, the Operator may request proof of identity (a copy marked with the statement "Copy provided for the exercise of data protection rights", followed by the Operator's name and the date). Any copy of such identification document shall be deleted once the identity verification process has been completed.

Subscribers and Users may specify a correspondence address different from the one provided during subscription or, in the case of Anonymous Users, during the Charging Session.

ARTICLE 11 – TERMINATION OF THE SERVICE – TERMINATION OF THE AGREEMENT 

11.1. Termination by the Subscriber 

The Subscriber may terminate the Agreement at any time, without notice or penalty, in particular if they no longer wish to benefit from the Charging Service or in the event of non-acceptance of a change in pricing or an amendment to these GTCAU in accordance with Article 12.

The Subscriber may do so independently through their Personal Account, with immediate effect, or may send a termination request to the Operator by email or post using the contact details provided in Article 17.2. In such case, termination shall take effect on the date the request is received or first presented. 

11.2. Suspension and Termination of the Agreement for Breach of Contractual Obligations 

In the event that the Subscriber fails to comply with their contractual obligations, access to the Charging Service shall be suspended until the situation has been remedied.

The Agreement may be terminated in the event of a serious or repeated breach of the Subscriber’s contractual obligations, in particular in the event of non-payment of amounts due within the prescribed deadlines or in cases of fraud. The Operator may proceed with such termination without delay after informing the Subscriber. 

11.3. Automatic Termination 

Any discontinuation of the Charging Service or of its operation by the Operator, for any reason whatsoever, shall result in the automatic and immediate termination of the Agreement by operation of law. 

11.4. General Provisions 

Termination of the Agreement shall require the Subscriber to pay all amounts due under the Agreement up to the effective date of termination and to return all WiiiZ Badges to the Operator at the Subscriber’s expense. Any month commenced shall be payable in full with respect to the monthly subscription plan.

ARTICLE 12 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF ACCESS AND USE 

The Operator reserves the right to amend these GTCAU at any time, in particular to reflect developments in the Charging Service, changes in applicable laws or regulations, or any other operational requirements.

For Subscribers, any material amendment to the GTCAU shall be notified on a durable medium, by email or any other appropriate means of communication, at least thirty (30) days before its effective date. From that date, the amended GTCAU shall replace these GTCAU and shall automatically apply to all uses of the Charging Service occurring from the effective date of such amendment(s).

However, if the Subscriber does not accept the amendment(s), they may terminate the Agreement in accordance with Article 11.1 before the new GTCAU come into force.

For Anonymous Users, the amended GTCAU shall apply to any new use of the Charging Service from the date on which they are published online.

 

ARTICLE 13 – SEVERABILITY 

Should any provision of these GTCAU, in whole or in part, be held to be null, illegal, invalid, or unenforceable under applicable law, such provision, or the relevant part thereof, shall be deemed severed from these GTCAU. However, the remaining provisions of these GTCAU shall remain in full force and effect.

 

ARTICLE 14 – ASSIGNMENT 

EVzen may assign all or part of its rights and obligations relating to the Charging Service to any company which, within the meaning of Articles L.233-1 et seq. of the French Commercial Code: (i) directly or indirectly controls EVzen; (ii) is directly or indirectly controlled by EVzen; or (iii) is under common control with EVzen, provided that the conditions set out in these GTCAU remain unchanged.

 

ARTICLE 15 – AGREEMENT ON EVIDENCE 

The Subscriber or User and EVzen expressly agree that electronic records, documents and media shall be deemed to constitute original documents and shall be admissible as evidence between the Parties.

 

ARTICLE 16 – GOVERNING LAW – DISPUTE RESOLUTION – DOMICILE FOR SERVICE 

16.1. Governing Law 

The Agreement shall be governed by and construed in accordance with French law. 

16.2. For Consumer Subscribers and Anonymous Consumer Users : In the event of a dispute relating to the Charging Service, the Subscriber or Anonymous Consumer User may submit a written complaint to the Operator using the contact details provided in Article 17.2.

If the response provided does not resolve the matter to their satisfaction:

• The consumer may make use of a mediation procedure free of charge in accordance with Articles L.211-3 and L.611-1 et seq. of the French Consumer Code;
• The consumer may also refer the matter, free of charge, to the French National Energy Ombudsman (Médiateur national de l'énergie), in accordance with Articles L.612-1 of the French Consumer Code and L.122-1 of the French Energy Code (www.energie-mediateur.fr).

Any dispute not resolved amicably may be brought, at the consumer's option, before the competent court at the consumer's place of residence or before any other court having jurisdiction under the French Code of Civil Procedure. 

16.3. For Other Subscribers or Anonymous Users (Non-Consumers) :

In the event of a dispute relating to the Charging Service, a non-consumer Subscriber or Anonymous User may submit a written complaint to the Operator using the contact details provided in Article 17.2.

Any dispute arising from the Agreement that cannot be resolved amicably shall, to the extent permitted by law, fall within the exclusive jurisdiction of the courts located within the jurisdiction of the Aix-en-Provence Court of Appeal.

16.4. Optional Nature of Amicable Settlement Procedures 

The amicable dispute resolution procedures referred to above are optional and do not prevent either party from referring the matter at any time to the competent French courts. 

16.5. Domicile for Service 

The Subscriber elects domicile at the address provided when subscribing to the Agreement. The Operator elects domicile at its registered office.

  

ARTICLE 17 – CORRESPONDENCE AND INFORMATION 

17.1. The Operator provides Subscribers and Users with the following telephone numbers: 

TECHNICAL ASSISTANCE: +33 9 82 08 72 12 (non-premium rate call), available 24 hours a day, 7 days a week. 

CUSTOMER SERVICE: +33 9 82 08 72 12 (non-premium rate call), available Monday to Friday, excluding public holidays, from 8:00 a.m. to 6:00 p.m. 

17.2. Subscribers and Users may also submit requests to the Operator:

• By email: support@evzen.com
• By post: SMEG Développement – EVzen Customer Service - 10 Avenue de Fontvieille, 98000 Monaco
  
  

APPENDIX 1 – WITHDRAWAL FORM FOR THE WiiiZ CHARGING SERVICE

WITHDRAWAL FORM 

 

If you wish to exercise your right of withdrawal, please return the following documents to us by email or post within fourteen (14) days following the conclusion of your Agreement (the postmark serving as proof of the sending date):

 

We recommend sending your request using a tracked delivery service.

 

1.    Your bank details

2.    The badge(s) from your order

3.    This form, completed and signed

 

I hereby give notice of my withdrawal from the contract relating to the package set out below: 

 

Surname and first name of the customer named on the contract : …………………………………………

 

Email : ……………………………………………………………………………...……………………………………

 

Date of conclusion of the agreement : 

 

Signature :