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Alizé Charge - General Conditions of Use

General Conditions of Use

General Conditions of Use of the Alizé Service (24/09/2018)

1. Definitions

Member (or Subscribed User) refers to a regular User of the ALIZÉ service, either a natural person of full age and capacity or a legal person governed by public or private law which enters into a Subscription contract.

Subscription refers to an annual subscription contract taken out by a Member from a Recharge Partner. It comprises these General Conditions of Use, the form filled out by the Member upon subscribing and the specific conditions defined by the Recharge Partner. (May be viewed on the Recharge Partner’s page)

ALIZÉ, or the ALIZÉ Service, refers to the system offered by BYes comprising the Internet website “alizecharge.com” and the “Alizé” mobile app available in the Apple Store (trademark registered by Apple Inc.) and in the Google Play Store (trademark registered by Google Inc.) enabling users to:

  •  If appropriate, obtain information such as availability, rates and the location of Charging Stations.
  •  Start and stop a Recharge Service
  •  Pay the amount owed for a Recharge Service
  •  Subscribe to a Recharge Partner and access the secure space from which it is possible to manage Subscription data

Badge refers to the RFID card given to Members.

Charging Stations refers to the charging infrastructure that can be used with the ALIZÉ Service and is provided by a Charging Partner. The Recharge Service is deemed to be performed by the Recharge Partner.

Regular Charging Station refers to a Charging Station able to provide up to 22 kVA

Fast Charge station refers to a Charging Station able to provide up to 50 kVA

BYes refers to Bouygues Energies & Services, an SAS with its head office at 19 rue Stephenson – 78180 Montigny le Bretonneux, Trade & Companies Register of Versailles, 775 664 873. By extension, any partner of Bouygues Energies & Services contributing to carrying out the Alizé Service.

General Conditions of Use refers to these General Conditions of Use.

ALIZÉ account refers to a secure space on ALIZÉ, accessible only by the Member and providing access to the information about his or her Contract.

Recharge Partner refers to a private or public company, local authorities, syndicate, governing body or BYes marketing a Recharge Service via ALIZÉ. When plural, Recharge Partner refers to all BYes Recharge Partners.

Services refers to all services described in these General Conditions of Use: the ALIZÉ service, the Recharge Service and the Subscription.

Recharge Service refers to the recharge service provided by a Recharge Partner to a User when he or she uses a Charging Station. It starts when access is requested using the ALIZÉ application or the Badge. It ends when the user has vacated the Charging Station by closing the session (using the ALIZÉ application or the Badge) and unplugging her or his vehicle.

User refers to a natural person of full age and capacity or legal person governed by public law using the ALIZÉ Service to access the Recharge Service.

Roaming User refers to a Member using a Recharge Service provided by a different Recharge Partner than the one to which he or she is subscribed.

Occasional User or Non-Subscriber refers to a User using the Recharge Service without a Subscription or using the Recharge Service at a Charging Station which does not belong to the Recharge Partner to which he or she has subscribed.

2. Acceptance of these General Conditions of Use

The User states that he or she has read and expressly and unconditionally accepted the General Conditions of Use in effect on the day the ALIZÉ Service was used.

BYes reserves the right to change all or part of these General Conditions of Use at any time. It is the User’s responsibility to regularly check the latest version of these General Conditions of Use, which is always available on the ALIZÉ Service. Any use of the ALIZÉ Service is understood as acceptance by the User of the new General Conditions of Use in effect.

The acceptance of these General Conditions of Use by the Member is understood as an acceptance of these General Conditions of Use by any User to whom the Member may have given a Badge. It is the Member’s responsibility to make sure these Users are informed of these General Conditions of Use.

3. Description of Services

By putting ALIZÉ at the disposal of Occasional Users or Members, BYes and the Recharge Partner provide Services. The Services and rates may differ for each User profile, depending on the Subscription selected.

These Services are comprised, in whole or in part, of:

(i) The BYes ALIZÉ Service

This service enables Users to obtain information on the Alizé Service and all Recharge Partners, view the network of available Charging Stations, consult the General Conditions of Use and buy a Subscription, use the smartphone app to obtain a Recharge Service from a Recharge Partner and pay for each use by means of a Banking Card on the Smartphone app in the case of Occasional Users.

(ii) A subscription to a Recharge Partner

The subscription enables members to

  • get a monthly bill for services,
  • link a payment method,
  • access their history of consumption and bills via the ALIZÉ Service website
  • receive an inactive Badge in the mail,
  • activate a badge by linking the number on the Badge,
  • access the Member rates of the Recharge Partner to which the Members have subscribed,
  • access Roaming rates for other Recharge Partners present on Alizé.

(iii) Recharge services provided by Recharge Partners.

This Recharge Service enables users to use a Charging Station to recharge their electric or rechargeable hybrid vehicle. This recharge service may be used by a Member or Occasional User via the ALIZÉ application. A Member may also use a Badge.

To use the Recharge Service, the User:

  • Parks her or his vehicle at one of the spots at the recharge station, identifiable by means of a sign and specific markings on the floor,
  • Learns and follows the specific conditions of the Recharge Partner found on the Charging Station and nearby information boards,
  • Uses the service in accordance with its intended purpose,
  • Uses the Charging Station cable only when it is attached to the Recharge Terminal and is an integral part of it, to the exclusion of any other accessory.
  • In cases where using a personal cable is allowed: uses only an approved cable compatible with the Charging Station and enabling her or him to plug in her or his vehicle.
  • Checks that all accessories are in working order before using the Charging Stations.
  • Uses the outlet that matches his or her needs and the technical specificities of the vehicle.
  • Uses the ALIZÉ application or Badge to start charging. For Occasional Users, the Recharge Service will only start once the General Conditions of Use have been accepted and the Banking Card payment authorised.
  • Must plug in and start charging quickly (maximum plug-in time varies depending on the type of Charging Station; generally, it is under 2 minutes).
  • Remains on the look-out for any signal emitted by the indicator lights on the Charging Station and/or on her or his vehicle.
  • Once finished, shows the same Badge or uses the ALIZÉ application to end the Recharge Service.
  • May then unplug the vehicle, put away the cable and close the door.
  • Makes sure, at the end of the session, that the door to the Charging Station, if any, is properly locked.
  • Puts the cable away after the session, in the appropriate place, if the cable is part of the Charging Station.
  • The session will only come to an end once the vehicle is no longer plugged in.
  • Will, in the event of a signal, such as an anomaly or failure observed at the Charging Station, take all preventative measures to ensure the safety of the vehicle and third parties, such as unplugging the vehicle without delay and calling the technical assistance service at the number provided on the Charging Station, on the nearby information boards or on the Alizé website (0805021480).

4. Access conditions

BYes may refuse a request to Subscribe or to receive a Badge, namely due to a default on payment or violation of these General Conditions of Use during a previous subscription.

5. Right of withdrawal

Once the subscription is complete, the User receives an e-mail with key Subscription information at the e-mail address provided. Once the User receives this e-mail, he or she has the right, under the provisions in articles L121-17 et seq. of the French Consumer Code, to withdraw by sending a request for withdrawal by e-mail within 14 days using the contact form on the alizecharge.com website.

Using the ALIZÉ System services before the period of 14 clear days comes to an end is understood as waiving the right to withdraw and be reimbursed for subscription fees.

6. User obligations

  • The User commits to having an insurance against third-party liability.
  • The User commits to complying with the obligations described in these General Conditions of Use.
  • In the case of damage, namely to Charging Stations, the User must take all responsibility for any property and non-physical damage resulting from non compliance with her or his obligations.
  • In the event of potential ALIZÉ Service malfunction, and if the User has charged her or his vehicle, he or she may not be dispensed from the obligation of paying for the Recharge Service.
  • Any User usurping the identity of a third person will be held responsible for any expenses incurred and subject to prosecution.
  • The User recognises the right of BYes to levy a charge on behalf of the Recharge Partner for Recharge Services incurred.

7. Member obligations

In addition to the obligations listed above in article 6, the Member must comply with the following obligations:

  • The Member commits to providing accurate information upon subscribing to the ALIZÉ Service and to having sufficient resources on her or his bank account to pay for the ALIZÉ Service. Should this personal information change (namely the address and banking information), the Member commits to updating it without delay by connecting to the ALIZÉ Service.
  • Consequently, any notification from BYes to the Member is deemed valid when sent to the most recent address indicated by the Member on the ALIZÉ Service.
  • The Member is the sole person responsible for the proper use and preservation of the Badge.
  • The Member commits to reporting without delay any loss or theft of her or his Badge, either by directly calling the ALIZÉ support number or by sending an e-mail to support@alizecharge.com, after which the Badge will be immediately deactivated. The new Badge ordered will be billed to the Member and sent as soon as possible. The Member remains responsible for any amount due resulting from the use of her or his Badge until it is deactivated, as billing will not be suspended.
  • If her or his phone is stolen, the Member is responsible for changing the password to her or his ALIZÉ account by logging on to alizecharge.com. If his or her ALIZÉ account is misused, he or she must inform BYes as quickly as possible using the contact form on the alizecharge.com website so that the ALIZÉ account may be blocked.

8. ALIZÉ Service cost

The Members will be billed for Services at the end of each month. The amount due will be debited at the beginning of the following month. Non-Member Users will pay for the Recharge Service at each transaction. Charging Service rates may be viewed on the ALIZÉ website and app.

(i) Detailed bill for operations

The detailed bill for the Recharge Service fees is provided:

  • On the ALIZÉ account, for members;
  • via an e-mail sent to the address provided upon login for an Occasional User

The monthly bill for Members is generated only if charging fees are owed. The User is responsible for carefully reviewing the statements and bills provided by BYes. Claims are processed according to the provisions in article 11 below.

(ii) Direct debit failure/debt outstanding

When BYes notices an unpaid balance, it has the right to suspend the provision of Services to the Member until he or she pays the defaulted sum. BYes may also cancel the Subscription in accordance with Article 10, “Cancellation”. Moreover, BYes has the right to bill the Member for any expenses and fees incurred to recover the debt without prejudice to any damages and interests.

9. Protection of personal data

BYes guarantees that it will maintain the confidentiality of the Member’s data in accordance with the provisions in the French law on the protection of personal data.  The Confidentiality Policy is accessible on the Alizé website. In accordance with the Confidentiality Policy, the Member expressly authorises her or his personal data to be automatically stored and processed.

10. Subscription length and cancellation

For Members, a Subscription applies as soon as he or she subscribes, in tacitly renewable 1-year commitment periods. Notwithstanding the previous provisions, the Subscription may be cancelled in the following cases:

(i) Cancellation due to the Recharge Partner

BYes may need to cancel the Subscription early if the Recharge Partner terminates the ALIZÉ Service. In this case, BYes will inform the User via e-mail. BYes cannot be held liable and the User may not claim any damages or interests.

(ii) Cancellation by BYes 

BYes has the right to proceed to blocking an ALIZÉ account and suspending Services, or terminating the Subscription early with immediate effect, namely if the Member or User has violated the provisions of these General Conditions of Use or any rules related to the use of the ALIZÉ System, or for any other serious reason. Such serious reasons may include (a) a Member providing false information upon subscription, (b) the inability to perform a direct debit for Recharge Service fees after two attempts separated by a 14-day period, (c) fraudulent use of the ALIZÉ service.

(iii) Cancellation by User

A Member has the right to cancel her or his Subscription at any time by logging on to her or his ALIZÉ account.

(iv) Consequences of cancellation

  • For Members, cancelling the contract results in the deactivation of the Account and Badge without obligation for the User to send the Badge back to BYes.
  • Any amount due on the day the Subscription is cancelled, and any remaining subscriptions with an outstanding balance in the current period, will be billed.
  • In the event of a cancellation, the User’s personal data will be made anonymous.
  • If any advance payment was made, any positive balance on the User’s account will be returned to her or him within 2 months, after deduction of €2.50 for administrative fees in addition to any banking and postage fees, via a transfer to the account indicated by the User.

11. Complaints

For any complaints, namely in the case of a problem with the use of the ALIZÉ Service, the User may contact BYes using the contact form on the alizecharge.com website.

However, the User is responsible for checking the compatibility of her or his vehicle with the connectors at the Recharge Station and correctly plugging and unplugging the cables at the recharge service.

Any objection or complaint must be addressed to BYes within a month of receiving the notification of the statement or bill, under penalty of foreclosure.

12. Responsibility of BYES and Recharge Partners

BYes is subject to an obligation of means. BYes is only held responsible for direct damage attributable to cases of wilful misconduct or gross negligence on the part of BYes or its officers, or in the case of a serious violation by BYes of essential obligations listed in the General Conditions of Use.

BYes bears no responsibility to the User regarding services provided by Recharge Partners, payment systems operators or third parties acting on behalf of the aforementioned entities.

BYes and Recharge Partners may not be held liable as a result of third-party actions or external events in the following cases:

  • Non-compliant use of the recharge service in a fraudulent way by the User or a third party;
  • Deterioration of a vehicle or other accessories not provided as part of the Services;
  • Unavailability of parking spaces;
  • Construction work on the road, Charging Station, electrical networks or telecommunications networks;
  • Power outage;
  • Loss, failure, partial/full malfunction or degradation of the GSM/CPRS/3G/GPS signal.

BYes does not guarantee constant availability of the ALIZÉ Service; it namely does not guarantee the availability of mobile networks or the functioning of mobile terminals. BYes may not be held liable for any damage suffered due to the unavailability of the ALIZÉ system or to the fact that the data provided has been truncated or altered, except in instances of wilful misconduct or gross negligence on the part of BYes. If the charging session is left open or improperly closed by the ALIZÉ System, BYes may not be held liable if the Recharge Partner or User is at fault.

The User is solely responsible for any violation of traffic regulations he or she commits, and for any non-compliance with road signs on her or his part.

Moreover, BYes and the Recharge Partner bear no responsibility in terms of the surveillance of vehicles as they recharge and may under no circumstances be held liable for any vehicle that is deteriorated or missing through no fault of their own, namely in the case of acts of vandalism during the Recharge Service.

13. Jurisdiction clause

The Contract is governed by French law. Any dispute arising from this Contract, which the parties fail to resolve out of court, will be heard exclusively by the appropriate court in Paris.