Tango electric General Terms and Conditions

These General Terms and Conditions apply to all quotations for and orders of Tango electric services from KPN.

Together with the Registration Form, the Application Confirmation, the Confirmation of Participation and any Special Conditions, these General Terms and Conditions form the full agreement between the parties with respect to the provision of Tango electric services. The Agreement supersedes all previous written and verbal notifications, arrangements and agreements in this respect. In the event of a conflict between these General Terms and Conditions and the Special Conditions, these General Terms and Conditions take precedence unless specified otherwise, with explicit reference to the article in these General Terms and Conditions from which is deviated.

If the parties have already signed a Q8 Liberty agreement, these conditions are considered to be Liberty Special Conditions (as defined in the General Terms and Conditions for Q8 Liberty Cards) in terms of the subject matter of these General Terms and Conditions. In the event of a conflict between the General Terms and Conditions for Q8 Liberty Cards and these General Terms and Conditions, the General Terms and Conditions for Q8 Liberty Cards prevail, unless specified otherwise below, with reference to the article in the General Terms and Conditions for Q8 Liberty Cards from which is deviated.

By selecting the checkbox indicating that he has viewed and accepts these General Terms and Conditions in the Tango electric App and/or in the Registration Form, the Participant expressly confirms that he has read and understood and accepts the General Terms and Conditions. This acceptance also implies that the participant completely renounces any application of his own General Terms and Conditions or Special Conditions. Without prejudice to Article 16 (Changes), the Agreement may only be amended in writing with the agreement of both Parties.

Within these General Terms and Conditions, provisions in boxes preceded by the acronym 'B2B' apply only to Agreements concluded with natural persons or legal persons, for purposes relating to his trade, business, craft or profession as defined under article 6:230g lid 1 sub b of the Dutch Civil Code. Provisions preceded by the acronym 'B2C' apply only to Agreements concluded with consumers as defined under article 6:230g lid 1 sub a of the Dutch Civil Code. Other provisions contained within these General Terms and Conditions apply to both natural persons or legal persons, for purposes relating to his trade, business, craft or profession and consumers as defined by the Dutch Civil Code.

1. Definitions

Terms within the Agreement that start with a capital letter have the meaning defined below, except where it is indisputably clear from the context of a specific provision that this meaning does not apply in this provision:

2. Participation

2.1 In order to be able to purchase the Tango electric Services described in these General Terms and Conditions, customers must complete a Registration Form which must be submitted to KPN for approval in accordance with the provisions of this article. The provisions relating to quotations, orders and the formation of an Agreement in respect of specific Tango electric Services, which are not described in these General Terms and Conditions, may be provided for differently in the Special Terms and Conditions in respect of such specific Tango electric Services.

2.2 Q8 Liberty, Small & Large Business customers can submit an application to access Tango electric Services by completing the Registration Form and confirming that they have viewed and accept the General Terms and Conditions and any applicable Special Conditions. Having completed and submitted the Registration Form and on receipt of the Application Confirmation, the customer is required to expressly confirm his application to KPN.

2.3 Consumer customers can register in the Tango electric App by linking a valid means of payment to their account and confirm that they have viewed and accept the General Terms and Conditions and any applicable Special Conditions. The means of payment must in all instances be valid for minimum six weeks to guarantee the payment of charging sessions during the current calendar month.

2.4 The Agreement between a Participant and KPN does not enter into effect until KPN has sent the Confirmation of Participation, at which time the Participant receives a Username and a Password to be set in order to use the Platform, the Tango electric App and the Tango electric Services purchased for the duration of this Agreement. Consumer customers can set their own password when they register for the Tango electric App.

2.5 KPN is entitled, in light of all the facts and factors which may reasonably be relevant, to reject the application for participation and access to additional Tango electric Services, or to make this dependent on meeting specific conditions (such as rectifying incorrect information, providing securities, obtaining direct debit instructions, mandates, etc.).

2.6 The Participant guarantees that all details provided to KPN (such as credit card details) are current, complete and accurate and will remain so for the duration of the Agreement, and that he is also authorised to communicate these details to KPN. The Participant undertakes to inform KPN immediately of any changes to these details in writing by recorded delivery or via email to [email protected].

2.7 The Participant is required to communicate these General Terms and Conditions, and any applicable Special Conditions, to these Cardholders, and ensure their compliance with them. The Participant guarantees that these Cardholders will comply at all times with these General Terms and Conditions and any Special Conditions as if they themselves were participants in accordance with this Agreement.

3. Provision of the Tango electric services

3.1 KPN undertakes to make the necessary effort to supply the Tango electric Services purchased to the Participant in accordance with the provisions of this Agreement.

3.2 Unless expressly agreed otherwise, all commitments on the part of KPN with respect to the Tango electric Services are executed with reasonable effort, without being linked to the achievement of any result, KPIs or SLA conditions.

3.3 Without prejudice to KPN's other rights, KPN is entitled at any time, without judicial intervention, notice of default or payment of any compensation, to suspend the supply of the Tango electric Services in whole or in part if the Participant fails to comply with one or more obligations under this Agreement, or in the event of other circumstances which would justify the immediate suspension of the Agreement. KPN will always do its utmost to inform the Participant as quickly as possible of any suspension in light of the circumstances concerned, in accordance with article 18.2 of these General Terms and Conditions. Given the potentially urgent nature of a suspension, it is conceivable that notification can be given only after the suspension has been implemented.

4. Allocation of Charging Cards

4.1 Consumer customers can request via the Tango electric App a Tango electric Card. Q8 Liberty, Small & Large Business customers can apply for and manage their cards via the Platform .

4.2 Tango electric Cards requested are despatched to the address specified in the Tango electric App within fourteen calendar days.

4.3 Q8 Liberty, Small & Large Business customers owe KPN the applicable fee for administration costs for each Tango electric Card issued, namely €1.65 per Q8 Electric Card, excluding VAT, per month. If, for whatever reason, a Tango electric Card must be replaced, the same costs may be charged by KPN.

4.4 Participants can create additional accounts for Cardholders via the Platform by following all the steps and completing the required fields. Cardholders receive a separate email with their Username and a Password to be set for the Tango electric App; this will be sent to the email address provided by the Participant on the Platform.

4.5 To use the Tango electric App, the Cardholder must have a compatible mobile device with internet access, which meets the most recent software and security requirements. KPN recommends securing the device by means of a pin code, pattern, fingerprint, touch ID or face ID. When the Cardholder wishes to link the Tango electric App to his account on the Platform, he will be asked to enter his Password. The Cardholder is personally responsible for keeping his Password confidential. As soon as the Cardholder has reason to suspect that his Password has fallen into the hands of a third party, the Cardholder must inform KPN accordingly, and change his Password immediately.

4.6 Tango electric Cards remain the property of KPN at all times. The risk associated with Tango electric Cards, Usernames and Passwords transfers to the Participant at the moment of despatch to a Cardholder by or on behalf of KPN. The Participant is responsible for using and storing these Tango electric Cards and details in a secure and confidential manner in order to limit the risk of wrongful use. The Tango electric Cards must not be left unattended in vehicles or in any other place.

4.7 In the event of loss, theft, serious risk of abuse, or abuse of a Charging Card, the Participant must block the Card immediately via the Tango electric App or the Platform. The Participant remains responsible for all Tango electric Services purchased for up to 48 hours after blocking the Charging Card. The Participant is entitled to have a Charging Card blocked at any time for any reason whatsoever. The Participant can block any Tango electric Card himself in the Tango electric App or in the Platform.

4.8 A Cardholder is deemed to be authorised by the Participant to use the Tango electric Card. The Participant is responsible for ensuring that no Tango electric Card remains in the possession of an individual who is no longer authorised to use the Tango electric Card.

4.9 The Participant guarantees to KPN that its Charging Cards will not be forged, copied or modified in any way whatsoever. The Participant is required to pay for all purchases made using a forged, copied or modified Tango electric Card, along with all other potential damage arising from the wrongful use of Charging Cards after their despatch to the Participant or Cardholders.

5. Use of a Charging Card and Tango electric Card

5.1 A Charging Card is for personal use only by a Cardholder, to purchase Charging Services from KPN on behalf of the Participant, within the limits agreed between the Parties. The Participant is obliged to pay for all Charging services provided using the Charging Card.

5.2 The Cardholder must activate each Tango electric Card in the Tango electric App prior to use. If it is linked to a mobile data network, the Tango electric App may use mobile data. KPN cannot be held accountable in any way for the costs of data use as a result of the use of the Tango electric App.

5.3 Other than in the event of blocking, suspension or termination of access in accordance with these General Terms and Conditions, the Charging Card provides access to the use of Charging Stations within the Network. The Charging Card acts as an authentication tool for the Cardholder.

5.4 Charging Stations may be used only in accordance with the instructions made available by the Charging Station owner or at the Charging Station location.

5.5 All Participants are required to report any faults with respect to Charging Stations and the Tango electric Services immediately to KPN via the Tango electric App, the Platform, the Website or by email to [email protected]. Under no circumstances may the Participant abuse any faults.

5.6 The terms and conditions of the operator of the respective Charging Station apply to the use of Charging Stations in the Partner Network (including, but not limited to, managing charging transactions and processing the Cardholder's details). The Participant is obliged to inform himself of these terms and conditions and comply with them. If the Participant fails to do this, or fails to do so properly, he is in breach of fulfilling his obligation to KPN under this Agreement. KPN cannot be held liable by the Participant for any damage suffered by the Participant or the Cardholder due to a failure to comply with the terms and conditions of the operator of the Charging stations within the Partner Network. The Participant indemnifies KPN against any claim from a member of the Partner Network arising from the failure to comply with such terms and conditions.

5.7 KPN provides no guarantee that the Charging Stations in the Network will function at all times without disruption and/or fault, or that they will be available at all times. Neither does KPN guarantee the density or accessibility of Charging Stations.

5.8 KPN will make every reasonable effort to regularly update the overview of the Charging Stations in the Network on the Website, on the Tango electric App and/or on the Platform. KPN provides no guarantees concerning the accuracy of the information posted on the Website, the Tango electric App and/or the platform. KPN is at all times entitled to add or remove Charging Stations from the Tango electric Network or Partner Network.

6. Home Charging

6.1 If the Parties have agreed that KPN will provide Home Charging Services, the terms and conditions below apply in the absence of specifically agreed Special Conditions in this respect.

6.2 The Participant accepts that he is responsible for installing the Charging Station and connecting it to the Platform in accordance with all instructions and documentation provided by KPN.

6.3 The Participant guarantees that all data which are processed, stored and transferred to KPN by means of the Participant's and his employees' systems or infrastructure are at all times recent, complete and accurate, and are free from files which may contain malware, viruses, harmful data or malicious programs.

7. Administration Service

7.1 If the Parties have agreed that KPN is to provide administrative support, through reimbursement of expense claims, to the employer such that he is relieved from the administration that the Tango electric services entail with respect to his employees , the terms and conditions below apply in the absence of specifically agreed Special Conditions in this respect.

7.2 The employer registers his employees' details (name, bank account number) and the details of the Charging Station that is installed at the employee's home ('home chargers') and for which he wishes to make use of the Administration Service in the Platform. Once a month, Q8 exports a list of the charging sessions on home chargers per employer from the Platform. This list contains the following information per employer: the charging sessions, the kWh, the price for that month, the employee's name and bank account number of the employee in question. This list is a so-called expenses claim on the basis of which KPN instructs its bank to pay the employer's employees in question. For this Administration Service, a monthly amount, consisting of the sum of all expense invoices paid by KPN (a copy of which will be communicated) and a handling fee per employee will be invoiced to the employer. In the event of a dispute, the employer or the employee can contact customer service:

· Tango +31 (0)70 - 315 2500 - [email protected]

7.3 KPN pays the employee's expenses claim before KPN has received the corresponding amount from the employer, after invoicing the Administration Service to the employer. The payment term of this invoice is 9 (nine) calendar days after the invoice date unless otherwise agreed .

8. Blocking of the Cards

8.1. Blocking at the request of or by the Participant:

i. The Participant has the right to have the Card blocked at any time for any reason. If a Cardholder is no longer authorised or a Card/smartphone has been lost/stolen, the Card must certainly be blocked.

ii. The request by the Participant to block a Card shall be made by telephone to Customer Services. The contact details are available on the Website and are also included in Article 12 of these General Terms and Conditions.

iii. If the request to block the Card is made by telephone, the Participant shall provide Customer Service with the full Card number, together with personal identification data that may help identify the Card to be blocked. Providing incorrect information may result in the wrong Card being blocked, leaving the Participant solely liable for Tango electric Services purchased with that Card, which was intended to be blocked.

iv. Each telephone request by the Participant to block a Card will subsequently be confirmed in writing to KPN as soon as possible. Only from the moment of receipt by KPN of the written confirmation, the Participant is no longer liable for Tango electric Services purchased with the blocked Card.

v. KPN shall make reasonable efforts to block the Card within twenty-four (24) hours of the Participant's written request.

vi. Via the Platform, the Participant can also block a Card himself in accordance with the arrangements described in the Documentation made available to the Participant.

8.2. Blocking at the initiative of KPN:

i. Without prejudice to other rights that KPN has under the Agreement, the law or otherwise, KPN has the right at any time to block a Card immediately and to request its return (and/or refuse to re-issue, replace or renew a Card), if:

- the Participant fails to pay invoices at the latest by the due date of the payment period;

- the invoices of the Participant are paid by a third party without a specific written agreement between the Parties and this third party;

- the Participant has reached its Credit Limit;

- the Securities provided by the Participant to KPN do not provide sufficient security, have expired, have become insufficient, or have been withdrawn or modified without KPN's prior written consent;

- in the situations described in article 11.2;

- fraudulent use of a Card or any problem whereby the security of the Card is compromised;

- the Card was not used for a consecutive period of twelve (12) months;

- the Card is found to be defective; and/or

- the Means of access are used in an unauthorised manner.

9. Purchase limit and Credit limit

9.1 Q8 Liberty customers are subject to the provisions of Q8 Liberty regarding the limit for purchases and the Credit Limit. These limits apply cumulatively for purchases via the Tango electric Card, the Q8 Liberty Card and via Mobile Refuelling (as defined in the General Conditions for Q8 Liberty Cards) or via the Charge Card.

9.2 For Small & Large Business customers, the Credit Limit is determined by KPN on the basis of various factors (e.g. frequency of invoicing, payment terms, creditworthiness of the Participant, size of the Security provided, etc.) and may be changed by KPN at any time, without KPN having to give reasons. KPN will subsequently inform the Participant in writing of any change with respect to the Credit Limit.

9.3 When establishing and during the term of the Credit Limit, KPN reserves the right to require a Security from the Participant. The provision of a Security does not affect the Participant's liability under the Agreement.

9.4 The Participant undertakes to inform KPN in writing of any change in its activities, company or group structure and/or estimated annual volume that may necessitate a change in the Credit Limit in order to avoid a possible blocking of the Cards.

9.5 Without prejudice to any other rights of KPN under the Agreement or in law, if the Security provided by the Participant has expired, become insufficient, or been withdrawn or modified without KPN's prior written consent, KPN shall be entitled, at its discretion, upon written notice to the Participant, to require the Participant to immediately (a) pay invoices for which the payment term has not yet expired; (b) provide additional Securities and/or increase existing Security; and/or (c) accept a change in commercial terms (such as payment term and Discounts). If the Participant does not comply with these requirements, KPN has the right to terminate the Agreement in accordance with article 11.2.

10. 9.6. Upon termination of the Agreement, KPN will release the Security on condition that all of the Participant's obligations under the Agreement have been fulfilled. Until such time as the Securities are released, the Securities provided by the Participant may be used by KPN to offset any amounts owed by the Participant to the Kuwait Petroleum Group. Prices, invoicing and payment

10.1. With the exception of the rates for the charging sessions, the agreed prices for the Tango electric Services can be found in the Tango electric App or, as the case may be, in the Confirmation of Participation or Special Terms and Conditions. .

10.2. The applicable rates for a charging session consist of various price components which are posted on the Tango electric App and/or displayed at the Charging Station. The prices for Charging Services comprise the following components as a minimum:

a) any subscription costs;

b) the rate calculated for the charging session (this rate can be calculated either per kWh, or per charging session, or for the duration of the charging session; this varies per Charging Station); this is generally a fee paid to the Charging Station owner and the electricity supplier;

c) a transaction costs fee for the administrative processing per charging session for the use of the Charging Card.

10.3. KPN is entitled to increase the prices applicable to Tango electric Services at any time as a consequence of any increase in taxation or other mandatory surcharges imposed by the government, including after the Agreement has been concluded.

10.4. KPN is further entitled to unilaterally adjust the applicable prices in place for the Tango electric Services at any time after this Agreement has come into effect, in accordance with the provisions of article 16 of these General Terms and Conditions.

10.5. Unless agreed otherwise in writing, payments must be made via the payment method that was registered in the Tango electric App (Consumers) or via the Platform (Q8 Liberty, Small and Large Business).

10.6. All payments due are payable immediately by means of a credit or debit card that is authorised for the entire outstanding amount (Consumers), or within 9 (nine) calendar days after the invoicing date in accordance with the Liberty terms and conditions (Q8 Liberty, Small & Large Business customers). Orders may be invoiced to the Participant several times per month.

10.7. When an invoice has to be prepared, the Participant accepts that KPN issues electronic invoices only, via the email address provided in the Tango electric App or the Application Form, and that he will not receive any paper invoices unless agreed otherwise in writing. KPN is nevertheless still entitled to issue paper invoices. The Participant acknowledges that he is responsible for compliance with all legal requirements applicable to the receipt and retention of invoices.

10.8. The Participant undertakes to check every invoice and every direct debit carefully. Any disputes regarding an invoice or direct debit must be notified to KPN in writing within five working days of the invoice or direct debit date, by registered letter or via email to help@tangoelectric.nl. Failure to do this means that the complaint is late, and cannot be accepted. If the complaint is upheld, KPN will refund any excess amount charged.

10.9. If the Parties have already signed a Liberty agreement, however, the consumption of Charging Services can be included in the fuel costs, unless agreed otherwise.

11. Duration and termination of the Agreement

11.1. The Agreement is entered into for an indefinite period, unless specified otherwise. Both KPN and the Participant are entitled to terminate the Agreement in writing via a registered letter without notice period. The Agreement will in that case be terminated from the first day of the next calendar month following the month in which the registered letter is sent to the other Party.

11.2. KPN is entitled to unilaterally terminate an Agreement in whole or in part at any time, without legal intervention, without giving notice or without payment of compensation in the following circumstances, notwithstanding KPN's entitlement to claim damages:

a) if the Participant or his Cardholders fail to comply with one of more of the obligations under this Agreement, and continue to be in default following a period of ten days after notice of default was sent by recorded delivery;

b) in the event of the Participant's non-compliance with any of the payment obligations for a reasonable period after its due date;

c) there are serious indications, in the opinion of KPN, of insufficient solvency of the Participant ;

d) in the event that KPN does not receive authorisation for payment within a period of five days of the entry into force of this Agreement, or in the event that such authorisation is discontinued or threatens to be discontinued;

e) in the event that it proves impossible to send the Tango electric Card to the Participant's specified delivery address;

f) in the event of a stay or suspension of payments, debt rescheduling or settlement with creditors of the Participant obtained by or in respect of the Participant or in the event that steps are taken to obtain or enter into the same, or any other proceedings commenced in respect of the Participant under any law, regulation or procedure relating to the reorganisation, stay or suspension of payments, debt rescheduling or settlement;

g) in the event that a petition, writ of summons or other means of commencement is filed with the court, or an order, judgment, writ of mandamus or any other decision is made or issued in respect of the liquidation, bankruptcy, receivership or winding up of the Participant, or in the event of the Participant's manifest insolvency;

h) in the event that the Participant is, or has been declared or deemed to be, insolvent;

i) in the event that the Participant will experience or witness an event analogous to those set out in Articles 11.2(f) to 11.2(h) in any jurisdiction;

j) in the event that the bank direct debit provided by the Participant is discontinued or at risk of being discontinued;

k) in case the Participant has reached its Credit Limit determined in accordance with Article 9 (Limit on purchases and Credit Limits);

l) in the event of fraudulent use of a Card or any problem whereby the security of the Card is compromised; and/or if the Q8 electric Card has not been used for a consecutive period of twelve (12) months;

m) in the event of Force Majeure or Hardship for a sustained period of ten days;

n) in the event of a change in the control of the Participant in accordance with article 1:14 of the Belgian company code; or

o) other circumstances that justify the immediate termination of the agreement, including but not limited to the suspicion of fraud and/or the misuse of discounts.

11.3. On termination of the Agreement, the Participant immediately owes all outstanding payments not yet due. The Participant must immediately return or destroy, at KPN's choice, all products made available to him, such as the Tango electric Cards.

11.4. The Participant cannot derive any rights vis-à-vis KPB from the termination, exclusion and amendment referred to in this Article 11.

12. 11.5. In the event of Hardship, the Parties shall negotiate in good faith an adjustment of the Agreement in order to restore the balance between the Parties. The Party invoking these circumstances must immediately inform the other Party, requesting the other Party to commence negotiations without delay. Customer Services

12.1. KPN has a customer services department to deal with any queries and/or complaints on the part of the Participant with respect to Tango electric Services. This customer services department can be contacted on:

· Tango +31 (0)70 - 315 2500 -[email protected] - www.tango.nl/electric.

12.2. KPN will make every effort to deal with any questions and/or complaints from the Participant within two working days. KPN provides no guarantee that Customer Services will be available at all times without failure and/or disruption.

13. Liability

13.1. Unless not permitted by law, and without prejudice to article 13.2, KPN is not liable for any damage suffered or incurred by the Participant arising from or in connection with a slight failure, error on the part of KPN, regardless of whether the origin of the damage is contractual or extra-contractual in nature.

13.2. Nothing in the Agreement excludes or limits KPN's liability for fraud, wilful intent or gross negligence on the part of KPN or its employees or agents .

13.3. Without prejudice to article 13.2, KPN is not liable for indirect, special, incidental or consequential damage of any type, including but not limited to disruption to business activities, claims from third parties, damage as a consequence of disruption to business activities or loss of profits, loss of inventory, or of competitive advantage or of goodwill related to the Agreement, whether or not foreseeable, regardless of other causes of the damage, even if one of the Parties was aware in advance of the possibility of damage, under whatever legal form (law, wrongful action, agreement or otherwise).

13.4. The Participant accepts that KPN has no control over the condition, the maintenance and the possible unavailability of third-party Charging Stations on the Network.

13.5. KPN is not liable for any damage suffered or incurred by the Participant arising from or in connection with (i) incorrect or incomplete details provided by the Participant, (ii) actions or omissions on the part of the Participant, and/or (iii) failure or delay on the part of the Participant to respond to a notification, warning or information when disclosed.

13.6. The Participant must make careful use of the Charging Stations and associated equipment supplied by KPN such as, for example, Tango electric Cards or charging cables. The Participant is personally responsible for using an appropriate cable that meets all the required conditions of use, including safety requirements.

13.7. The Participant is liable for any damage suffered or incurred by KPN arising from or in connection with actions, omissions, negligence, gross negligence, wilful misconduct or fraud on the part of the Participant and Cardholders, including the use in any way whatsoever of the Tango electric Services, and agrees to indemnify KPN in the event of any resulting claims by third parties.

13.8. Claims from the Participant with respect to the Agreement are addressed to KPN and not to any other member of the Kuwait Petroleum Group, regardless of whether the claim concerns KPN or another member of the Kuwait Petroleum Group.

13.9. If KPN, notwithstanding the exclusions and limitations to liability set out in this article, is held liable by a competent court for a loss not caused by fraud, wilful intent or gross negligence on the part of KPN or its employees or agents, KPN's liability is limited to €1000 per annum per event giving rise to the claim, with a series of related events being treated as one single event.

13.10. KPN is in no way liable for damage arising from any act or omission on the part of the Participant contrary to any provision(s) of these General Terms and Conditions. The Participant is liable to KPN for damage as a consequence of acts and/or omissions in violation of statutory and/or contractual provisions, including these General Terms and Conditions.

13.11. The use of the Tango electric Card, the Tango electric App or the Platform is permitted only in compliance with this Agreement and provisions and for legal purposes, also in compliance with all applicable law, regulations and codes of practice.

13.12. In particular, the Participant will not:

o transmit, transfer or distribute information on or via this Tango electric App and/or the Platform that is or could be offensive, obscene, defamatory or otherwise illegal;

o use this Tango electric App and/or the Platform in any way that causes or may cause an infringement of the rights of others;

o use software, routine or devices which electronically or manually interfere, or attempt to interfere, with the operation or functionality of this Tango electric App and/or Platform, including not limited to uploading or making available, by any means whatsoever, files that contain untrustworthy data or viruses;

o damage, modify or interfere with the "look and feel" of the Tango electric App and/or the Platform or the underlying software code;

o take actions which place an unreasonable or disproportionate load on the Tango electric App and/or the Platform, or on related infrastructure;

o gain, or attempt to gain unauthorised access, by any means whatsoever, to one of our networks.

13.13. KPN is not liable for losses suffered or incurred by the Participant arising from or in connection with non-compliance or a suspension in compliance with its obligations as the result of an incident of Force Majeure or Hardship.

14. Intellectual Property

14.1. The Participant herewith agrees that all intellectual property rights (including copyright, trademark rights, database rights and patent rights) as contained in the Tango electric Services remain the property of KPN and/or its licensor. The Participant is granted a restricted, non-exclusive, revocable and non-transferable licence for the intellectual property rights as contained in the Tango electric Services, to the extent strictly necessary for their use in accordance with the Agreement.

14.2. The Participant must refrain from infringing the intellectual property and other rights of KPN.

14.3. The Participant is not permitted to remove or modify any indication relating to intellectual property rights (such as logos and copyright reserved) on or in connection with the Tango electric Services provided by KPN or the software, hardware, applications, website or equipment made available.

14.4. The Participant shall not, nor allow or help third parties to:

a. in any way copy or attempt to copy, modify, duplicate, reverse engineer, disassemble and/or decompile the source code and/or programming and/or software, the design of the product or the composition of any (part of a) product or the documentation provided by or on behalf of KPN, unless this is permitted by law; or

b. make a copy, an adaptation, a translation and/or such like, and/or make a derivative work of that which is integrated in any product or documentation for any purpose whatsoever, unless KPN has granted prior written consent to this effect; or

c. divide the product in (sub) parts with the intention of making it available to or transferring it to (a) third parties (party) without the consent of KPN.

15. Privacy

In providing Tango electric Services, as the controller KPN processes certain of the Participant's and the Cardholder's data, including personal data. KPN complies with the applicable legislation when processing personal data. The attached Data Processing Addendum, which forms part of the General Terms and Conditions, describes how KPN handles these data.

16. Changes

16.1. KPN is entitled to amend, add or delete a provision of these General Terms and Conditions at any time.

16.2. KPN will issue such amended or new terms and conditions in writing, subject to a notification period of at least ten (10) working days. Since the parties have agreed to the use of electronic media as a means of communication, modified or new terms and conditions may be issued electronically.

16.3. The amended or new terms and conditions will apply, and will be deemed to be accepted by the Participant from the date determined by KPN, unless the Participant informs KPN in writing within the specified notification period of his refusal to accept such amended or new terms and conditions. In the event of refusal, the Agreement will terminate automatically at the end of the notification period, without costs or compensation.

17. Right of withdrawal

18. General

18.1. The Agreement, and all transactions carried out using Tango electric Card, are exclusively governed by and interpreted in accordance with Dutch law without application of the choice of law rules. Without prejudice to the possible application of article 6:236 paragraph n of the Dutch Civil Code, giving the consumer a period of a month after Q8 has invoke this provisions to opt for the dispute to be settled by the competent court according to the law, the competent court in Amsterdam, the Netherlands has exclusive competence to settle any disputes between KPN and the Participant arising directly or indirectly from this Agreement. The application of the UN Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods is excluded.

18.2. Notifications of any kind can, at the discretion of KPN, legally be sent to the contact person specified in the Platform or the Tango electric App, or to the Participant himself. Notifications may legally be issued by (recorded delivery) letter, via the Platform or App, or by email. The Participant agrees not to dispute the evidential value of such communication. Any change in the details specified above must be notified to KPN immediately. Where notifications are issued by the Participant, the Participant is responsible for ensuring that such notifications are issued by individuals who are authorised to represent the Participant.

18.3. The Participant shall not disclose to a third party, publish or distribute the terms and conditions of the Agreement (including and without limitation of any applicable commercial terms) without prior written consent from KPN. This duty of confidentiality does not apply in the event that disclosure is required by law, regulation, binding judgement, court order or demand from another competent body.

18.4. The Participant is not entitled to transfer the Agreement or any rights or obligations arising from the Agreement to any other party without prior written consent from KPN. KPN is entitled to transfer the agreement in whole or in part, or any rights or obligations arising from the agreement, to a member of the Kuwait Petroleum Group and the Participant herewith consents to any such transfer.

18.5. Those clauses which by their nature are expressly or implicitly intended to survive the termination or expiry of the Agreement will survive, including but not limited to Articles 13 (Liability), 11.3 (Duration and termination of the Agreement), 18.1. and 18.2. (General).

18.6. Should any provision of the Agreement be definitively judged to be invalid, unlawful or unenforceable, the parties will, where possible, and to the extent to which the provision is invalid, unlawful or unenforceable, replace said provision with a valid, lawful and enforceable clause which reflects the original intention as closely as possible. If the invalid, unlawful or unenforceable provision cannot validly be replaced, no effect will be accorded to said clause, and it will be considered not to be part of the Agreement, without impact on the remaining provisions of the Agreement, and without rendering the remaining provisions invalid.

18.7. The Participant may invoke a waiver of rights and redress by KPN only under, or in connection with, the Agreement if the Participant has written notification from KPN to the Participant. Any waiver of rights is applicable only in the case and for the purpose for which it was issued. No rights or redress on the part of KPN under or in connection with the Agreement will be excluded, relinquished or impaired by (i) any non-fulfilment or delayed fulfilment prior to the expiry of any statutory term; (ii) any one-off or partial fulfilment; (iii) any previous waiver of a similar right or redress, whether in whole or in part; or (iv) one of the above with respect to a different right or redress (whether the same or different in nature).

* *

*

Tango electric Data Processing Addendum

With respect to personal data provided by the Participant without a company with legal personality, by representatives of the Participant and/or by Cardholders, or otherwise collected by Kuwait Petroleum (Nederland) B.V., with its registered office at Schenkkade 50, 2595 AR, Den Haag, VAT NL001250590B01, [email protected] (hereinafter "KPN"), in its capacity as controller and recorded in databases or otherwise stored and processed under the responsibility of KPN, KPN undertakes to comply with the applicable data protection legislation with respect to the processing of personal data, in particular but not limited to 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, and repealing Directive 95/46/EC ("GDPR"), as well as successive or modifying legislation on the processing of personal data (hereinafter jointly "data protection legislation").

KPN will process the personal data in its capacity as controller. The Participant is and remains at all times fully responsible for his own processing of Cardholders' personal data for his own purposes. The services which fall within the scope of application of these General Terms and Conditions are provided together with an online platform from which further information can be collected.

In this Data Processing Addendum, we will explain the following aspects:

- What personal data are collected

- The purposes for which we can use these personal data

- The legal basis on which we rely for the processing of your personal data

- The parties to whom we can send your personal data

- How long we store your personal data

- Your rights with regard to your personal data

- Where can you ask questions and make comments.

During the ordering process, KPN will ask for a copy of the front of the drivers' license of a director/manager who is officially authorized to represent the Participant.

What personal data are collected?

Via the Platform, we collect data that are necessary to offer our E-mobility services. If you register at https://electric.tango.nl , upon registration and while the platform and the application are used we collect certain personally identifiable information about you ('personal data'), in particular

(i) identification and contact details (including name, telephone number, e-mail address, postal address and common data on profession and professional activity)

(ii) consumption data

(iii) financial data

(iv) transaction data (of your employees) (including charging sessions: charging card number, start and stop times, electricity consumption, charging station ID, and location of the charging station used)

(v) log-in data: e-mail address and password and

(vi) location data. You will find more detailed information about this processing further on in this Data Processing Addendum.

If you use the Tango electric App, your current location will be processed on your device in order to offer certain aspects of the Tango electric Services and functionalities of the Tango electric App, as set out in the General Terms and Conditions. You can easily switch on the location functionality by adjusting the authorisations of the Tango electric App via the settings in your device.

Non-personal data collected automatically

When you visit our Website/Platform, we may also collect information that cannot be used to identify you personally, including but not limited to the type of internet browser and computer operating system used; the domain name of the website that you visited previously; the number of visits, the average time spent and the pages you viewed. We may use this information and share it within the Kuwait Petroleum Group to analyse the use of our websites and to improve their content.

On what legal basis and for what purposes can we use these personal data?

Your personal data will be processed when (legal basis):

· you have freely given us a specific, informed and unambiguous indication of your wishes.

· we offer the services that you have requested (necessary to fulfil the agreement).

· processing is necessary to safeguard our legitimate interests, in particular economic, commercial and financial interests, business continuity, the security and confidentiality of customer information and products and the security of digital and physical infrastructures.

· processing may be necessary to comply with legal obligations incumbent on KPN further to certain legislation.

More information relating to the personal data that we process and the processing purposes for which we use these personal data is given below:

· When you use the Platform, we collect the following data:

(i) identification and contact details (including name, telephone number, e-mail address, postal address and common data on profession and professional activity)

(ii) consumption data

(iii) financial data

(iv) transaction data (of your employees) (including charging sessions: charging card number, start and stop times, electricity consumption, charging station ID, location of the charging station used) and

(v) log-in data: e-mail address and password.

These data are collected in order to

(i) show you a clear view of all your transactions

(ii) enable you to use the Platform

(iii) help with any questions/complaints that you may have submitted via the Platform. When you log in as a Participant with a company with legal personality or a representative of the Participant, you will also have the possibility of adding other accounts for your employees.

· When you register in the Tango electric App, we collect the following data: name, e-mail address, card number, home address and financial data, (for B2C only). These personal data are used for the following processing purposes:

(i) contracting with you as a customer

(ii) offering services within the Tango electric Service

(iii) billing and payment of the charging session(s)

(iv) preventing and countering fraud and improper use

(v) improving our products and services.

· If you register a charging station with us (B2B only), Q8 collects name, e-mail address, postal address, data relating to the location of the charging station and financial data. These data are processed in the context of the use of your charging station and with regard to the services you requested.

· If you purchase a charging infrastructure from us, your name, e-mail address, address, installation details for this charging infrastructure and financial details are collected by Q8. These details are processed in the context of the sale, installation and use of the charging infrastructure and with the performance of the service you have requested.

· If you use a charging station with the Tango electric Card, we collect your personal data relating to this use. These data include: the charging card number, the company that operates the charging station, location data and details of the charging session (charging card number, start and stop times, electricity consumption, charging station ID, location of the charging station used). KPN uses these data for billing and payment of the charging session(s). In addition, you will have the possibility of letting us know how your charging session went via e-mail or text.

· If you have a company car, we collect data that are necessary to provide and install a charging station and to give you a charging card or a combined charging card (if you require a combined fuel / electric card). These data are used to settle your energy costs for "home charging" and to inform you about your consumption and the use of your private/public charging station.

· It is the Participant's responsibility to ensure that he has received all prior, individual and necessary consents, approvals and authorisations from representatives of the Participant and Cardholders and that he has informed these persons to enable such processing of personal data by KPB in accordance with this provision. The Participant shall indemnify, protect and compensate KPB against all losses arising from or in connection with the Participant's failure to obtain all individual and necessary consents and approvals.

· If you use the Tango electric App, the following personal data will be processed:

(i) identification and contact details (including name, telephone number, e-mail address, postal address and common data on profession and professional activity)

(ii) consumption data

(iii) financial data

(iv) transaction data (of your employees) (including charging sessions: charging card number, start and stop times, electricity consumption, charging station ID, and location of the charging station used)

(v) log-in data: e-mail address and password.

These personal data are processed for the following purposes:

(i) contracting with you as a customer

(ii) offering services within the Tango electric Service to participants and cardholders

(iii) administrative support by means of reimbursing expenses claims

(iv) preventing and countering fraud and improper use

(v) billing

(vi) improving our products and services.

When you use the Tango electric App, your current location will be processed only on your device (if you switch this on) in order to offer certain functionalities of the Tango electric App, as set out in the General Terms and Conditions. The location is only processed on the device of the user to show their location on a map with charging stations in the vicinity. These location data are not stored in any databases. Your location data will be used for the following purposes:

(i) to identify a charging station and activate a charging session in the Tango electric App

(ii) billing (name of the charging station will be indicated on the invoice)

(iii) to report a defective charging station via the contact form

(iv) to provide a navigation functionality (charge point finder).

You can easily switch on the location functionality by adjusting the authorisations of the Tango electric App in the settings of your phone.

In addition, your personal data may be processed:

- to provide assistance if you submit any complaints and/or comments

- to conduct online surveys so that we can gain a clearer understanding of the wishes and profiles of our customers

- to gain a clearer understanding of your business needs and improve our products and services

- for statistical and archiving purposes.

To whom can we send your personal data?

Sharing within the group

As part of the processing activities for the aforementioned purposes, the personal data collected may be passed on to other companies within the Kuwait Petroleum Group. Such transfers are covered by an intragroup agreement that provides specific contractual protection to ensure that your personal data are appropriately and consistently protected, regardless of where they are transferred within the Kuwait Petroleum Group.

Third parties

As part of the services provided by KPN via the Tango electric App and the Platform, your data may be shared with/processed by:

- software suppliers

- platform suppliers

- our charging card supplier, who is also responsible for sending the cards to the delivery address of your choice

- customer services

- navigation service provider

- charging infrastructure installers.

KPN may also share the personal data of Participants, representatives of the Participant and Cardholders with:

(i) authorities or other third parties further to a request from an authority, when this is required by law or when it is necessary to identify, contact or institute legal proceedings against individuals

(ii) third parties to whom KPN may sell or transfer its business or assets, in part or in full, after which representatives of the Participant and Cardholders will be able to contact the third party if they have any questions about the processing of their data

(iii) third parties who provide storage and platform services

(iv) service providers who offer IT support and

(v) third parties who provide administrative and communication services or manage transactions on behalf of KPN, including service providers relating to (electronic) billing and/or, as appropriate, who collect and process the data on the instructions of KPN for the aforementioned purposes and

(vi) bailiffs and/or lawyers.

KPN ensures that these recipients only gain access to personal data that are relevant, adequate and necessary for the processing.

KPN may also share such data with third parties in connection with the sale of (part of) its business activity, the transfer of a business or in similar circumstances with judicial or other competent authorities upon request.

International transfers

In principle, KPN will only forward personal data to countries within the EEA or countries outside the EEA which fall under a European Commission adequacy decision. In other cases, KPN ensures that appropriate measures are taken for international transfers, including but not limited to model contract provisions or other appropriate mechanisms (depending on the situation) in compliance with the GDPR requirements in order to guarantee adequate protection. For more information about the appropriate measures that are applicable, please contact us using the contact details at the bottom of this addendum.

Links to other websites

The Platform and the Tango electric App may contain links to other websites that are not owned, controlled or maintained by Q8. We cannot be held responsible for the privacy policy of other websites or for the implementation of these policies, even if:

- you accessed the third-party website via a link on the Platform or the Tango electric App, or

- you were referred to the Platform and the Tango electric App via a link on the third-party website.

We recommend that you read the privacy policy of each website you visit and that you contact the owner or operator if you have any questions or comments.

How long do we store your personal data?

Your personal data will be kept as long as you remain an active Tango electric customer. Thereafter, we keep your data for archiving purposes and fraud detection for a maximum of five years. Transaction data are kept for just one year.

What are your rights with regard to your personal data?

Under the data protection legislation, you have the right, under certain conditions, to access your personal data as well as the right to rectify, complete and/or erase incorrect data and, if applicable, to withdraw your consent.

You have the possibility of modifying a number of data items in your account yourself via the Platform and the Tango electric App if you wish.

If you wish to exercise one or more of your rights and you are unable to do so via the Platform or the Tango electric App, please let us know via the e-mail address [email protected]. We will then make every effort to take the following necessary steps, including for example:

- providing you with a copy of the data you have supplied us with

- rectifying errors in the data we hold

- deleting any data for the use of which we no longer have a legal basis.

In addition, in certain cases you have the right to object to the use and processing of your personal data. You can also request us to restrict the processing of your personal data, for example while a complaint is being investigated.

Furthermore, you also have the right to object to any processing, including profiling, based on the legal ground of legitimate interests, unless our reasons for this processing outweigh any prejudice to your rights and freedoms.

Your exercising of these rights is subject to a number of restrictions intended, for example, to safeguard the public interest (e.g. fraud prevention or detection). If you exercise one of these rights, we will examine your claim and if possible, reply within one month. We can charge a reasonable fee for "repeated requests", "manifestly unfounded or excessive requests" or "further copies".

If you are dissatisfied with our use of your personal data or you do not agree with our response to the exercising of one of the above rights, you have the right to submit a complaint via your Data Protection Authority.

Autoriteit Persoonsgegevens
Postbus 93374
2509 AJ DEN HAAG

Tel: 070-8888 500
Fax: 070-8888 501

Within the limits of the law, you also have the right to transfer your personal data to another organisation (data portability).

Changes

We reserve the right to change this policy if necessary, for instance to comply with changes in the legislation, regulations, new practices and procedures or obligations imposed by the supervisory authority. The latest version is always available via this link. This Data Processing Addendum was last modified on 11 January 2022. We ensure that we will keep you informed of any significant changes to the policy.

Where can you ask questions and make comments?

If you have any questions or would like more information, you can send an e-mail to [email protected].

You may also write to the following address:

Kuwait Petroleum (Nederland) B.V.

Attn Data Protection Officer

Schenkkade 50,

2595 AR, Den Haag