Norlys Energi A/S
Over Bækken 6, 9000 Aalborg
E-Mail: [email protected]
Company registration number: 25118359
1. General
These Terms of Use (the "Terms of Use") are entered into between the entity/person using or accessing the Services (the "User" or "you") and Norlys Energi A/S ("Norlys" or "we"), collectively referred to as the "Parties" or each a "Party".
These Terms of Use govern your use of the Services provided in Norlys' platform for electric car drivers and charge points operated by Norlys under its own brand, Norlys Opladning (“Norlys Opladning”). The Services include features and functionalities, including but not limited to websites, user portals, mobile applications, content, and user interfaces, associated with Norlys Opladning, where users can manage and find charge points to initiate and pay for charging processes of electric vehicles (the "Services").
Norlys Opladning is a white label charge point operator platform supported and operated by Monta ApS (“Monta”) on behalf of Norlys.
2. Acceptance
By registering for the Services, you accept these Terms of Use, which allow you to use the Services.
All transactions that are part of the Services including, but not limited to, initiating charging sessions as well as using RFID cards, are governed by these Terms of use. Registration without explicit acceptance of these Terms of Use is not possible.
3. Prices
For consumers, all applicable prices are listed inclusive of VAT. For businesses, applicable prices are exclusive of VAT or unless otherwise stated.
Before the charging process, the price will be clearly displayed as fees per kWh of consumed energy, parking fees for time of parking at the charging station, charging session starting fees, fees for time of charging, and transaction fees as applicable. There may also be fees applicable if the User reserves a charging station, which remain unused or in case of the User overstaying such reservation.
Norlys estimates the charging price prior to the initiation of a charge and reserves the necessary amount if relevant. You acknowledge that the final and payable price of the charging service is directly dependent on actual use, for example on the amount of consumed electricity, and is therefore not always automatically provided before the start of the charging process.
Norlys will deliver a receipt of the use of the charging Service, including each charging transaction executed.
4. Billing
Norlys may charge you via a variety of payment methods, such as your debit/credit card, or by Norlys invoice.
Invoices may be sent by Norlys via mail, email, or OIO invoice and are also accessible in your Norlys account at www.mitnorlys.dk. Payment for invoices issued must be received by Norlys no later than two business days after the end of the month of the issue date of the invoice, unless otherwise stated or agreed. The due date will be stated on the invoice. Unpaid amounts are subject to an interest of 1.5% per month on any outstanding balance, or the maximum permitted by Danish law, whichever is lower, plus all expenses of collection.
Norlys may suspend access to the Services, with immediate effect, if the User fails to pay any fees invoiced by Norlys pursuant to these Terms of Use. Suspension will not relieve the User of its obligation to pay such invoices or any other fees payable to Norlys for the relevant Services.
5. Obligations
You must cooperate with Norlys by providing such information and materials as Norlys may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
It is your responsibility to ensure that the registered payment method is valid, that it has a sufficient balance and is not blocked. In the event that debiting is not possible, Norlys reserves the right to temporarily suspend your access to the Services or part of it until the overdue balance is fully paid. Norlys has the right to seek payment from you by other means, such as by sending a separate invoice for your use of the Services.
You are responsible for complying with the specific parking restrictions and regulations at the charging station (such as written instructions shown at the charging station, or the instructions given by the personnel of the charging station operators).
You shall use the charging station correctly and in accordance with the provided instructions and ensure that the charging station is suitable for the vehicle to be charged. If the charging station is damaged or defective, the User should inform Norlys.
When you initiate a charging session of an electric vehicle through the Services using a public charging station not operated by Norlys, Monta will act as an agent on behalf of Norlys to conclude your order. If during this process Monta has received an amount payable by a User to Norlys, such payment shall discharge the User of any payment obligation towards the public charge point operator. Norlys is not liable and does not take any responsibility for the charging services provided by other public charge point operators than Norlys. You must take due care to protect your Norlys account against misuse by others and promptly notify Norlys about any detected misuse. You are responsible for keeping your account secure and not granting access to your account to others.
You must take due care to protect your Norlys account against misuse by others and promptly notify Norlys about any detected misuse. You are responsible for keeping your account secure and not granting access to your account to others.
You are obligated to immediately notify Norlys if you believe that your account or the charging key has been used by an unauthorized person or in an unauthorized manner. Norlys may then block your access to the Services.
In the event of the loss of your charging key or the mobile phone on which the application operated by Norlys has been installed, you shall immediately notify Norlys. Norlys may then block your access to the Services. If you do not give such notification and the charging key or the mobile phone in question remains in illegitimate use, Norlys reserves the right to claim incurred losses as a damage from you in accordance with applicable law. For the sake of clarity, this clause does not constitute additional claims for damages against you as a consumer.
You are solely responsible for ensuring that you comply with all applicable regulations, laws, or conventions before using the Services.
Unless explicitly granted to You in writing by Norlys, You must not (and must not allow any third party to) directly or indirectly: I. Rent, lease, copy, transfer, resell, sublicense, time-share, or otherwise provide access to the Services to a third party; II. Modify or create a derivative work of the Services or any portion of it; III. Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Services, except to the extent expressly permitted by applicable law and then only with advance notice in writing to Norlys; IV. Break or circumvent any security measures of the Services or configure the Services to avoid incurring fees or in any way disrupt the integrity, performance, or security of the Services; V. Access the Services for the purpose of building a competitive product or service or copying its features or user interfaces; VI. Use or permit the Services to be used for any illegal or misleading purpose, or any manner inconsistent with these Terms of Use; VII. Collect, use, and disclose data that violates any third-party rights, including privacy, publicity rights and intellectual property rights, ("Intellectual Property Rights" meaning all intellectual property rights globally, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (including but not limited to any and all copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs).
Monta and Norlys retains all respective rights, title and interest (including all Intellectual Property Rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed confidential information). Norlys reserves any licenses not specifically granted in these Terms of Use. You acknowledge and agree that you have no right to obtain a copy of the software behind any of the Services and that Norlys has sole discretion to make updates, bug fixes, modifications, or improvements to the Services from time to time. Norlys reserves the right to change or remove features of the Services from time to time.
6. Liability
The use of the Services is the sole responsibility of the User. The Services are supplied "as is" and may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from these Terms of Use.
Nothing in these Terms of Use shall operate so as to exclude or limit Norlys’ liability for death or personal physical injury arising out of negligence, fraud, or fraudulent misrepresentation.
Norlys (or its affiliates, licensors and suppliers) shall not be liable concerning any subject matter arising from or related to these Terms of Use, the Services or any of the websites operated by Norlys regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for; (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); (iii) any matter beyond its reasonable control; and (iv) any indirect, incidental or consequential loss or damage whatsoever. Norlys’ (or its affiliates, licensors, and suppliers) liability for damages shall in no event exceed the amount paid to Norlys by the User during the 12-month period preceding the date of the event giving rise to the claim, even if Norlys has been advised of the possibility of such damages. These limitations are independent from all other provisions of these Terms of Use and shall apply notwithstanding the failure of any remedy provided herein.
7. Force Majeure
Neither party will be liable for any delay or failure to perform its obligation under these Terms of Use (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, epidemic, pandemic, failure or reduction of power or telecommunications or data networks or services, IT manipulation, or government act.
8. Termination
These Terms of Use may be terminated by either party without notice at any time for any reason. After termination, you will no longer have access to the Services.
All sections of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. Thus, the termination does not affect existing claims with respect to the charging processes that have previously taken place, including the obligation to pay for all charging sessions you initiated before the termination.
9. Data Protection
Norlys or commissioned service providers collect, process, and use data pertaining to you for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (EU/2016/679), known as GDPR, and other applicable national data protection legislation.
Unique identification number that is used to identify you, your vehicle, personal details, and transactional details may be transferred to the operator of the charging station for the purpose of activating the charging stations, solving potential issues regarding the charging service, and invoicing. Personal details, contact details and transactional details may also be transferred to the partners of Norlys for the purposes of invoicing and customer service.
Norlys may use data collected in the provision of the Services in order to (i) improve the Services and its other products and services, and (ii) share statistical information with its partners.
For further information, please see our Privacy Policy.
10. Waiver
Norlys' decision not to enforce or exercise any provision of these Terms of Use is not a waiver of that provision.
11. Assignment
The User is not entitled to transfer any rights or obligations under these Terms of Use to any third party without the prior written consent from Norlys.
12. Severability
Should any provision of these Terns of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Use, and the application of that provision shall be enforced to the extent permitted by law.
13. Consumer cancellation and complaint rights
Charging services: The right of cancellation ceases from the time a purchase of a service/a charging session has been completed. If, in connection with the purchase of charging services, you have requested that the charging supply commences before the expiry of the cancellation period, and you still wish to cancel, you must be aware that we will charge a reasonable payment for the part of the service that was already delivered at the time of cancellation. When such service has been completed, the right of cancellation ceases.
Dispute resolution: Any claim under Danish law may be brought before the Danish Consumer Complaints Board or the Danish Center for Complaints Resolution, which can be accessed on the website of the Center for Klageløsning og Forbrugerklagenævnet (naevneneshus.dk). An alternative dispute resolution procedure is also offered by the European Commission to citizens of EU and EEA member states through their platform for Online Dispute Resolution. If you are not satisfied with the outcome of this procedure, you can still bring ordinary legal proceedings.
14. Personal Wallet and Team Wallets
The personal wallet is a virtual payment method which can be used to pay for charging your electric vehicle by funds placed in your personal Norlys account directly by use of Norlys Opladning or by use of a charge key connected to your account (“Personal Wallet”). The Personal Wallet can be loaded by a User by means of credit card or other accepted payment methods. The User may deposit funds to their Personal Wallet either manually or automatically when the balance goes below a certain amount. The User may also withdraw their balance from their Personal Wallet. Norlys does not charge fees for the deposit or withdrawal process.
If the Personal Wallet is chosen as payment method for a charge and the Personal Wallet has insufficient funds for the estimated price a charge, the User will be asked to ensure sufficient balance on the Personal Wallet prior to authorization of the charge, or to choose an alternative payment method. Before accepting to initiate the charge in Norlys Opladning, you will be asked to enter your personal security 4-digit code. Once a charge is authorized by use of the Personal Wallet, the amount corresponding to the charge price is charged from the Personal Wallet immediately after the charging session.
You may not place funds in the Personal Wallet in excess of DKK 2,000. Each transfer to top up your Personal Wallet is capped at DKK 1,000. A deposit request in excess of this amount will be rejected. Funds on your Personal Wallet may be used only to pay for charging services in Norlys Opladning facilitating your charging. In the event of a negative balance in the Personal Wallet, the User is required to immediately deposit funds to settle the balance. A Personal Wallet may be blocked by Norlys in the event of a negative balance which has not been re-filled after a written notice.
The User may be added to private team wallets in Norlys Opladning (a “Team Wallet”). Access to a Team Wallet allows the User to initiate charging sessions on the charging points available through the relevant Team Wallet.
If you have a charging operator subscription with Norlys, a Norlys Team Wallet will be available on your account in Norlys Opladning. The Norlys Team Wallet allows you to pay for your charging sessions on a monthly basis with your accumulated consumption being settled on your charging operator subscription
invoice (or on your Norlys electricity invoice, if applicable). The Norlys Team Wallet will display your virtual balance to be settled on the forthcoming subscription invoice (or Norlys electricity invoice, if applicable), including any right to electricity tax refund. The Norlys Team Wallet can be used to pay for charging of your electric vehicle on any charging point (private or public) available to you on Norlys Opladning.
A charging key can only be connected to one wallet at a time. If the User has access to the Norlys Team Wallet, the User’s charging key will automatically be connected to your Norlys Team Wallet. The User may choose to connect the charging key to another wallet, e.g. the Personal Wallet.
The User shall regularly review the transactions to make sure they correspond to their actual charging. The User shall notify Norlys as soon as possible in the event of any incorrect registrations. If you become aware of any misuse, or if you lose your charging key, you are required to deregister the charging key in your account, and to contact Norlys support so we can block the account and avoid any misuse. Contact Norlys on [email protected] or +45 8710 1540.
The User is liable for any payments made by use of a Wallet. In the event of misuse by a third party or unauthorized use of a Wallet, Norlys shall cover the loss a User may have suffered, provided the User has not acted fraudulently, has adhered to these terms, and as soon as possible after the incident has informed Norlys hereof, in accordance with the Danish Payment Act. Any objections to a transaction due to an unauthorized or incorrect transaction shall be notified to Norlys as soon as possible after the disputed transaction. When assessing whether objections have been notified as soon as possible, the requirement to regularly review the transactions will be considered.
It is of great importance to Norlys that our users are comfortable using our payment options, including the Wallets. Any personal information used for a purchase or use of a Wallet is processed responsibly and in compliance with applicable payment and data protection laws. Please refer to Norlys’ Privacy Policy for more information.
Norlys Credits: Credits received in your Personal Wallet from referrals, promotion codes or by participation in PowerBank, may only be used for purchases in the Norlys app and cannot be withdrawn. Referrals and promo codes may only be shared with individuals who are not existing Norlys Opladning users. Any violation hereof will result in such credits being annulled. Unused Credits are automatically and without notice removed from your Personal Wallet(s) 6 months from the date they were received.
The Danish Consumer Ombudsman (Forbrugerombudsmanden) handles complaints regarding Norlys’ general terms and marketing. Further, Forbrugerombudsmanden may handle complaints on information rights, third party misuse of card, best practices, etc. in accordance with the Danish Payment Act.
15. Governing Law and Jurisdiction
These Terms of Use is subject to the laws of Denmark.
If any dispute arising out of or in connection with these Terms of Use were to be litigated, such dispute shall be settled by the City Court of Copenhagen as legal venue.
16. Changes to these Terms of Use
These Terms of Use was last updated on 28.11.2023.
Norlys reserves the right in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting updates to these Terms of Use in Norlys Opladning. Norlys will notify you of any material changes to the terms. By using the Services after Norlys has posted any modification, updates, or revisions, the User agrees to be bound by such revised Terms of Use. If any modification, update, or other change to these Terms of Use are not acceptable to you, then you have the right to terminate these Terms of Use provided you immediately terminate your use or access to the Services.