Effective Date: Apr 28, 2021
Terms of service
1. Service Provider
1.1 The service provider of Viggo’s charging services and appurtenant application and software (”app”) is:
Viggo Energy ApS
CVR-nummer 1744863
Tømmergravsgade 4
DK-2450 København SV
(”Viggo Energy”, ”we”, ”us” etc.)
W: https://energy.viggo.com
E: energy@viggo.com
2. Scope
2.1 These general terms and conditions (the ”Terms”) apply to all use of Viggo Energy’s electrical charging stations, charging services and appurtenant app (collectively referred to as the ”Charging services”).
2.2 Upon downloading Viggo Energy’s app the customer is asked to review and accept the Terms. By accepting the Terms or using the Charging services, the customer accepts that the Terms apply to the customer’s purchase of the Charging services.
2.3 Special payment terms apply if the customer uses the Charging services by way of Spirii’s charging card and in addition to this, any use of Spirii’s charging card is subject to Spirii’s terms and conditions. See section 3 below for details.
2.4 The Terms apply to both private and corporate customers’ use of the Charging services as the Terms, whose contents indicate that they are specifically directed at private customers (consumers) only apply to private customers, including e.g. section 9.9 about automatic debiting of charge cards and section 16.2 about avenues of complaint for private customers.
3. Viggo Energy’s cooperation with Spirii and use of the Spirii charging card
3.1 Viggo Energy cooperates with Spirii ApS (hereinafter known as ”Spirii”) regarding delivery of the Charging services and Spirii’s operation and maintenance of charging stations for Viggo Energy.
3.2 A Spirii charging card provides the customer with access to charge the customer’s electric vehicle at the customer’s own charging station (if the customer has bought one from Spirii or one of Spirii’s partners), at other providers’ charging stations (e.g. CLEVER and E.ON) as well as at Viggo Energy’s public charging stations.
3.3 The customer may order a Spirii charging card on www.spirii.dk for the price listed in Spirii’s at all times applicable price list. The charging card will be sent by Spirii directly to the delivery address for the order.
3.4 If the customer uses a Spirii charging card, the customer’s use of Charging services will be invoice monthly on the basis of the customer’s actual charging consumption and the agreed price per kWh agreed between the customer and Spirii. Consequently, the provisions listed in section 8 regarding payment do not apply to the customer’s purchase of Charging services by use of a Spirii charging card or any other use of the charging card.
3.5 Viggo Energy is not part of and accepts no liability for the customer’s agreement with Spirii about the use of the Spirii charging card. Consequently, all issues between the customer and Spirii relating to the use of the Spirii charging card, warranty and service agreements (including the Spirii Connect service agreement) or other conditions agreed directly between the customer and Spirii are of no concern to Viggo Energy.
3.6 Viggo Energy refers to Spirii’s terms and conditions (available on www.spirii.dk) for further information about the applicable conditions for any agreement for charging services and/or charging card the customer may enter directly with Spirii.
4. Support services
4.1 Viggo Energy offers customers support services via Spirii.
4.2 Spirii’s customer support service is available 24/7 by telephone +45 38 171 500 or by email support@spirii.dk.
5. Conditions for the use of Viggo Energy’s app
5.1 Viggo Energy’s app and appurtenant intangible rights are Viggo Energy’s property.
5.2 By downloading Viggo Energy’s app, the customer only obtains a non-exclusive, non-assignable right to use Viggo Energy’s app and appurtenant software.
5.3 The customer must comply with the at all times applicable conditions of use, including the Terms, which the customer receives when the app is downloaded as well as any subsequent instructions or conditions issued by Viggo Energy. The at all times applicable Terms are available on Viggo Energy’s website: https://energy.viggo.com/terms-of-service.
5.4 Viggo Energy’s app is downloaded from App Store or Google Play.
5.5 Viggo Energy’s app is only usable for charging at the charging stations which are part of Viggo Energy’s or Spirii’s charging network as well as the charging stations that are accessible on Viggo Energy’s app via Spirii’s roaming partners.
5.6 Payment for each transaction is registered to the customer and the use of Viggo Energy’s app is at all times considered an acceptance by the customer of the charge and of the completion of an agreement between the customer and Viggo Energy to purchase charges.
5.7 If the customer becomes aware of unauthorised use of Viggo Energy’s app in the customer’s name, the customer must immediately contact Viggo Energy’s customer services at Spirii, telephone +45 38 171 500, and block the Viggo Energy app account to avoid abuse. Viggo Energy may demand that the customer confirms this blocking in writing and in case of theft, Viggo Energy may also demand that the customer reports the incident.
5.8 According to the Payment Act regarding unauthorised transactions with payment instruments, the customer may also object to a payment or withdrawal from the customer’s payment card that the customer believes to be unauthorised. The customer may contact Viggo Energy’s customer services at Spirii via the contact information mentioned above or contact the customer’s payment card provider.
5.9 However, in case of unauthorised transactions resulting from the customer’s breach of the obligations resting upon the customer under the Terms, such as gross negligence, the customer is liable for the whole amount up to a maximum of DKK 10,000. The customer is never liable for any losses that occur after blocking the Viggo Energy app, cf. section 5.7 above.
5.10 Apart from what follows from section 5.8 above and unless anything else follows from statutory legislation, Viggo Energy cannot be held liable for losses occurring from unauthorised transactions.
6. Equipment and use of Viggo Energy’s charging stations
6.1 Viggo Energy ensures that the charging stations within Viggo Energy’s network comply with applicable standards, legislation and regulations.
6.2 The charging capacity for the charging stations depends on several factors such as the technical condition and battery level of the electric vehicle as well as the charging station’s capacity where the lowest common denominator will decide what effect the electric vehicle can receive. Consequently, Viggo Energy cannot guarantee that it is possible to charge the customer’s electric vehicle within a minimum/maximum effect interval.
6.3 Instructions to use Viggo Energy’s charging stations are either found in Viggo Energy’s app, on or next to the charging stations. Customers must at all times comply with the instructions for use of Viggo Energy’s charging stations that are available in the app or on or next to Viggo Energy’s charging stations. Viggo Energy accepts no liability for damages occurring from non-compliance with the instructions for use of Viggo Energy’s charging stations.
6.4 The charging stations may only be used to charge electric vehicles.
7. Availability
7.1 The Charging services are available to the customer 24/7, but in practice the charging possibilities may be limited, e.g. because some of the charging stations are not available at certain times of day due to specific and/or local limitations such as parking regulations.
7.2 Viggo Energy endeavours to ensure that the charging stations within Viggo Energy’s network are as functional as at all possible. If the charging station is affected by technical issues, Viggo Energy will endeavour - via Viggo Energy’s service partner Spirii – to remedy the issue as soon as possible. If a charging station is non-operational for a longer period, this will be indicated in the overview on Viggo Energy’s app.
7.3 Viggo Energy reserves the right to amend or limit the access to or temporarily close down the Charging services or charging stations in order to carry out e.g. updates, maintenance and error corrections or due to force majeure issues outside Viggo Energy’s control without compensating the customer.
8. Prices
8.1 The at all times applicable price for charging from a charging station within Viggo Energy’s network appears from the overview for said charging location on Viggo Energy’s app and is described in detail to the customer before charging can commence.
8.2 Viggo Energy does not add any additional fees to the price provided to the customer for each charging location.
8.3 General composition of the general cost of electricity
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8.3.1 Generally, the customer’s electricity cost is comprised by 3 parts, (i) payment for electricity consumption, (ii) transport of electricity and (iii) payment for public obligations and fees.
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8.3.2 Payment for electricity consumption:
- 8.3.2.1 Consumption is invoiced at Viggo Energy’s purchase price + a fee for letting Viggo Energy manage the electricity purchase. (These cost elements include the consumption cost per kWh, which is made up by the basic load, the profile cost (the customer’s actual
consumption pattern) and Viggo Energy’s risk coverage.
- 8.3.3.1 Viggo Energy re-invoices on behalf of the electrical grid company all costs received, including but not limited to: electrical grid subscription, network tariffs and invoices to Energinet.dk for the supply of electrical grid and system performance etc.
- 8.3.4 Payment for public obligations and rates:
- 8.3.4.1 The customer pays the applicable rates for public obligations, electricity charges and VAT which Viggo Energy is obliged to charge the customer on behalf of the Danish government.
8.3.3 Payment for transport of electricity:
9. Purchase of and payment for the Charging services
9.1 Registration of a payment card is required for the payment for using the Charging services via Viggo Energy’s app. The customer is obliged to ensure that the card information provided is always updated and correct in order to ensure completion of a payment.
9.2 The customer is explicitly informed that the customer will be making a binding purchase of electricity if the customer uses Viggo Energy’s charging station to charge his electric vehicle.
9.3 Payment for the charging is then made via the payment card provided by the customer. The customer may subsequently change the payment card under the settings for his personal profile. The actual payment is carried out via the payment module ”STRIPE”.
9.4 Charges carried out via Viggo Energy’s app are invoiced upon charging to the payment card registered by the customer. The customer receives a receipt on Viggo Energy’s app and by email, from which the total charging consumption and total cost will appear.
9.5 The customer only pays for the electrical consumption charged via Viggo Energy’s charging station. However, the minimum price for a charge carried out using Viggo Energy’s app is DKK 6 incl. VAT.
9.6 In case voucher codes are used, the customer must enter said voucher code in Viggo Energy’s app in order to charge at the price provided by the voucher code.
9.7 If charges are made on Viggo Energy’s charging stations via another platform than Viggo Energy’s app, Viggo Energy does not accept liability for any additional costs imposed by this platform or provider.
9.8 Specifically about automatic withdrawals from payment cards if you are a consumer
- 9.8.1 If you are a private customer and register a payment card, we will request your consent to
settle future invoices from said payment card.
- 9.8.2 If you have consented to Viggo Energy making automatic withdrawals on your payment
card, you may at any time recall your consent to automatic withdrawals from your payment card.
- 9.8.3 As mentioned in section 5.8 the customer may also object to the customer’s payment card
provider about ”unauthorised debits”. However, this must be carried out no later than 8 weeks after the debiting unless otherwise stipulated in the agreement with the payment card provider.
10. Locality data and other processing of personal data
10.1 Collection of locality data is vital to the functionality of Viggo Energy’s app. If the locality function is not accepted, the customer cannot receive information about the location of Viggo Energy’s charging stations via the App. The locality information is stored and used only in the app.
10.2 Viggo Energy requests the customer’s consent to use locality data via the unit. The user may at any time switch off this access under settings for the unit. If Viggo Energy’s app is deleted, all stored information is deleted with it.
10.3 Information regarding downloads and updates of Viggo Energy’s app is used to improve the app and for analyses and administration.
10.4 The user has a right to insight into the collected information as well as to verification, limitation and removal hereof. The user also has a right to object to the processing of his information. Please see Viggo Energy’s privacy policy, cf. the link below, for additional information about the customer’s rights relating to Viggo Energy’s processing of personal data.
10.5 Please see Viggo Energy’s privacy policy, which is available on the app as well as on Viggo Energy’s website here: https://energy.viggo.com/privacy-policy for more information about Viggo Energy’s processing of personal data.
11. Liability for faults and defects
11.1 Viggo Energy is liable for faults and defects in accordance with the general Danish law of damages with the modifications and exceptions that follow from the Terms. However, Viggo Energy does not accept liability for indirect losses, including loss of expected profits or turnover, losses relating to time spent or any other indirect loss.
11.2 Furthermore, under the statutory provisions on product liability Viggo Energy is liable for the charging stations made available by Viggo Energy. However, Viggo Energy is not liable for damages occurring as a result of non-compatibility between the customer’s electric vehicle and the charging station nor for the customer’s use of the Charging services or the charging station if the customer has acted contrary to the instructions and the technical requirements listed in the Terms or as otherwise explained to the customer by Viggo Energy.
11.3 Viggo Energy is not liable for indirect damages or consequential damages which may be ascribed to damages to the customer’s property and are the result of the customer’s use of Charging services or the charging station.
11.4 The customer is not entitled to damages if a charging station within Viggo Energy’s public network is closed or malfunctioning.
11.5 The customer is responsible for complying with the guidelines and requirements comprised by Viggo Energy’s instructions from time to time. This includes responsibility for ensuring that the electric vehicle used by the customer in connection with the Charging services fulfil all charging requirements.
11.6 The customer is also responsible for ensuring that the charging card and Viggo Energy’s app are not used by unauthorised persons.
11.7 Viggo Energy reserves the right to block the charging card and the customer’s access to charging via Viggo Energy’s app with immediate effect in case of abuse, if there is a risk of unsecured use of the charging card or Viggo Energy’s app, suspicion of unauthorised use or a risk that the customer does not fulfil its obligations towards Viggo Energy.
11.8 Viggo Energy accepts no liability for any customer losses resulting from incorrect or inaccurate information provided by the customer in connection with the customer’s creation of a user profile with Viggo Energy or any other use of Viggo Energy’s app. The same applies to situations where Viggo Energy’s app is not operative, unless statutory legislation stipulates otherwise.
12. Force majeure
12.1 Viggo Energy is not liable for non-performance or delays to the Charging services if such non-performance or delay is caused by war, riots, civil unrest, general strikes or labour market unrest, fires, epidemics or pandemics, including the corona (COVID-19) pandemic, flooding or other natural disasters, currency restrictions, trade embargos, transport delays, stoppages or breakdowns or issuance of new legislation, guidelines, restrictions, orders or prohibitions issued by public authorities or any other reason outside Viggo Energy’s reasonable control and which prevents Viggo Energy from fulfilling its obligations or delivering the services agreed when the agreement was entered and the Terms accepted.
13. Assignment
13.1 The customer acknowledges that Viggo Energy may assign its rights and obligations under this agreement, either in part or in whole, to another group company or to another party who may reasonably be expected to fulfil the obligations under the agreement in a satisfactory manner.
13.2 The customer is not entitled to assign or in any way transfer or hand over its rights or obligations under the agreement between the customer and Viggo Energy to another party.
14. Commencement and termination
14.1 The agreement between the customer and Viggo Energy enters into force at the time of the customer’s download of Viggo Energy’s app and acceptance of the Terms or by using the Charging services, cf. section 2.1 - 2.2 of the Terms.
14.2 The customer may at all times terminate the agreement with Viggo Energy by deleting the user profile on Viggo Energy’s app. Thus, there is no specified agreement period or period of commitment related to the use of the Charging services.
14.3 If the customer deletes its user profile, the customer can no longer use Charging services unless the customer sets up a new user profile with Viggo Energy.
14.4 Viggo Energy is entitled to terminate the agreement with the customer effective immediately if the customer is in significant breach of the Terms or in any other way uses the Charging services or a charging station in a manner which is detrimental or is significantly inconvenient to Viggo Energy.
14.5 Furthermore, Viggo Energy is entitled to terminate the agreement effective immediately if the customer has provided wrong payment card information and does not correct this information upon written request in order to ensure completion of the payment.
15. Amendments to the terms
15.1 Viggo Energy is entitled to amend these terms and conditions upon 30 days prior notice to the customer via email or notification in the app, unless statutory legislation prescribes longer notification.
15.2 If Viggo Energy notifies the customer of amendments that are detrimental to the customer, the customer may always terminate the agreement with Viggo Energy by deleting the user profile, cf. section 14.1, upon which the notified changes will not become effective for the customer.
16. Customer complaints
16.1 Viggo Energy encourages all customers who wish to complain to write to Viggo Energy ApS, Tømmergravsgade 4, DK-2450 Copenhagen SV providing a reason for the complaint and a description of the issues of discontent. Viggo Energy will then review the complaint and make a decision regarding the further course of events on the basis hereof.
16.2 Avenues of complaint for private customers (consumers)
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16.2.1 If you are a consumer and do not agree with Viggo Energy’s decision, you may complain to:
Energy Supplies Complaint Board Carl Jacobsens Vej 35 2500 Valby Phone +45 41 71 50 00 W: https://www.energianke.dk E: mailpost@energianke.dk -
16.2.2 If you are a consumer resident in another EU country, you may complain via the EU Commission’s online portal - https://ec.europa.eu/odr
17. Governing law and dispute resolution
17.1 The Terms are subject to Danish law and must be interpreted in accordance herewith.
17.2 Any disputes arising between the customer and Viggo Energy shall be decided by the ordinary courts of law. Disputes must be brought before Viggo Energy’s legal venue unless otherwise stipulated by statutory legislation.