diff --git a/en-evyve-terms-of-use.md b/en-evyve-terms-of-use.md index 09f0964..ffb075e 100644 --- a/en-evyve-terms-of-use.md +++ b/en-evyve-terms-of-use.md @@ -6,9 +6,9 @@ **Please also see our** [**Privacy Notice**](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/privacy-notice/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6M2RiNTo3YThkNWRjYzc1MzViMmIxMTU1ODE1YzlmMzk2Y2RiNTJiOWIyZTJjNjdiYjRlZGI1OTJlNzU1M2MzN2NhNDU5OnA6VDpO) **available on our website.** -1. DEFINITIONS AND INTERPRETATION - 1. **DEFINITIONS** - In this Agreement, save where context requires otherwise, the following capitalised terms have the following meaning: +1. **DEFINITIONS AND INTERPRETATION** + 1. **DEFINITIONS**
+ In this Agreement, save where context requires otherwise, the following capitalised terms have the following meaning: ||| | --- | --- | @@ -42,7 +42,7 @@ | Website | [www.evyve.co.uk](https://www.evyve.co.uk) | -1. COMMENCEMENT AND TERM +2. **COMMENCEMENT AND TERM** 1. **YOUR AGREEMENT PERIOD** 1. By using the Services (including to access and/or use the Website or the App or by starting or attempting to start a Charging Session at a Charge Point using a Payment Card (including Apple Pay/Google Pay), QR code workflow, RFID Card or any other method we make available), you confirm that you acknowledge and agree to and accept the terms and conditions set out in this Agreement. You also agree to comply with and be bound by these terms and conditions in such circumstances. If you do not agree to these terms and conditions, you are not permitted to use the Website, App or Services, and you must immediately uninstall the App from your mobile electronic device and refrain from using any Services. 2. This Agreement will be deemed to commence upon your acceptance of these terms and conditions, which you do by accessing or using the App, Website or any Services. @@ -54,7 +54,7 @@ 1. We may amend this Agreement from time to time. This Agreement was most recently updated in January 2026. Every time you wish to use the Services, please check these terms and conditions to ensure you understand the terms that currently apply at that time of use. 2. You may not be able to use some aspects of the Services until you download the latest version of the App, you accept the latest version of this Agreement (including by click-wrap in-app) or you accept any new or additional terms related to a specific aspect of the Services. We may also require you to accept updated terms before starting a Charging Session. 3. We may change the Services, Charges and Tariffs at any time. Changes to Charges/Tariffs will apply prospectively and the applicable Charges/Tariff will be those displayed at the time you start a Charging Session. For Subscription Plans, we will provide reasonable notice of material changes to the subscription fee or plan benefits, and you may cancel the plan before the change takes effect. -2. SERVICES +3. **SERVICES** 1. We shall provide you with the following services (the “**Services**"): 1. Access to and the use of the App and the Website, including to identify the geographical location of a Charge Point and its status by inputting your current location on the App or Website. PLEASE NOTE: Charge Point status, availability, access hours and other information displayed in the App/Website is provided on an “as is” basis, may be delayed, inaccurate or out of date, and is indicative only. It does not constitute a guarantee that a Charge Point will be available, working or accessible. 2. The use of a Charge Point within our Network to recharge your electric vehicle with electricity (the “**Charging Service**”). PLEASE NOTE: In respect of Charging Service, a Charging Session starts and ends as set out in clause 2.1.4. You are responsible for ensuring that your vehicle and charging equipment are compatible with the Charge Point and that you follow manufacturer instructions. We may reduce charging power or interrupt or stop a Charging Session where (in our reasonable opinion) required for safety, compliance, maintenance, grid stability, technical reasons, or to prevent misuse. @@ -76,7 +76,7 @@ 7. Some Charge Points are located on land owned or controlled by third parties and access to them (including opening hours, bays, barriers and parking rules) may be controlled by the relevant site owner/host. We do not guarantee access to any Charge Point and we are not responsible for any restrictions imposed by site owners/hosts or local authorities. 8. Unless we expressly state otherwise, the origin of electricity supplied through a Charge Point is not determined by us and we make no representation as to its source or generation mix. -1. COVERAGE +4. **COVERAGE** 1. We aim to make the Services available to you. However, due to the nature of technology and factors outside our control, we do not guarantee that the Services (or any part of them) will always be available, uninterrupted, timely, secure or error-free, or that defects will be corrected. 2. You acknowledge and agree that under this Agreement we are not guaranteeing, representing or warranting the working order or suitability of any Charge Point or our Network at any given time, or that the use of the App, RFID Card, Website or any of the Services will be uninterrupted or free from defects. Any charging speed or power shown on a Charge Point or in the App/Website is a maximum capability only and is not guaranteed. Actual charging performance depends on a range of factors (including the vehicle, battery condition, temperature, site power constraints, grid conditions and other technical factors). 3. We may suspend, restrict, interrupt or disable all or part of the Services (including interrupting or stopping a Charging Session) where this is necessary due to technical issues, maintenance, updates, safety reasons, compliance with law or instructions from the emergency services, security incidents, suspected misuse/fraud, or to make improvements to the Services. We may do so without notice where reasonably necessary, including where giving notice is impracticable or would compromise safety or security. Where reasonably practicable, we may endeavour to notify you in advance of planned suspensions, but we are not obliged to do so. @@ -85,7 +85,8 @@ 6. Services available to you in the UK may not be available when you are outside the UK, and some Services may depend on third-party systems (including telecoms, payment processing and site access arrangements). 7. Subject to clause 18.1 and your statutory rights, you agree that you will not make any claim for compensation or reimbursement arising from any unavailability, interruption, suspension, reduction or stopping of the Services (including any interruption or stopping of a Charging Session), including where caused by technical issues, electricity supply issues, grid failures, telecommunications outages, third-party systems, site access restrictions, safety reasons, maintenance, compliance requirements or events outside our reasonable control. 8. If a Charging Session is interrupted or stopped, you remain responsible for Charges incurred up to the time the Charging Session ends (as recorded in our systems) and any applicable fees notified for that session (for example, Overstay Charges where applicable). -2. PARKING RESTRICTIONS + +5. **PARKING RESTRICTIONS** 1. It is your responsibility to check whether there are any parking restrictions, access restrictions, opening hours, fees, permits or other conditions applicable at or near each Charge Point and Charging Bay, to ensure you do not contravene any traffic laws and/or regulations or any site owner/host parking terms. We are not responsible for, and we will not reimburse you for, any parking charges, penalties, fines, parking charge notices or other enforcement action issued by site owners/hosts, local authorities or any third party. 2. In addition, you must: 1. comply with all signs in the Charging Bay and within the vicinity of the Charge Point; @@ -98,7 +99,8 @@ 4. By starting a Charging Session or attempting to use the Charging Services (by any method), you authorise us to charge any Overstay Charges to: (a) the Payment Card used to start that Charging Session; or (b) where you used the App, RFID Card or Account, the Payment Card registered to your Account. Overstay Charges may be charged after the Charging Session ends and may be processed as one or more transactions. Where a session is started using a Roaming RFID Card, Overstay Charges may be billed via the Roaming Provider where supported; otherwise Overstay Charges may not be available and alternative enforcement may apply. 5. Overstay Charges may continue to accrue until the vehicle is removed from the Charging Bay (or otherwise stops obstructing access), and you agree that Overstay Charges are payable regardless of the reason you remained in the Charging Bay (including where you are delayed or unable to return promptly). 6. We may use Charge Point telemetry and/or other reasonable monitoring methods to determine Charging Session times and whether a Charging Bay is being obstructed. Any personal data processed for these purposes will be handled in accordance with our [Privacy Notice](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/privacy-notice/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6M2RiNTo3YThkNWRjYzc1MzViMmIxMTU1ODE1YzlmMzk2Y2RiNTJiOWIyZTJjNjdiYjRlZGI1OTJlNzU1M2MzN2NhNDU5OnA6VDpO). -3. USING THE SERVICES + +6. **USING THE SERVICES** 1. It is your responsibility to comply with this Agreement and to follow our instructions when using the Services, and to use the Services safely and with reasonable skill and care, even if someone else is using your electric vehicle, Payment Card, RFID Card or App. This includes complying with all instructions displayed at the Charge Point and given by us and any authorised party in relation to the Services. You confirm that you have authority to use the vehicle and the relevant payment method and/or Account used to start a Charging Session. You are responsible for all Charges incurred using your Payment Card, RFID Card and/or Account unless caused by us. 2. You must never use the App, RFID Card, Website or the Services for anything that is abusive, illegal, fraudulent, or a nuisance. 3. You are not permitted to sell all or any part of the Services to anyone else. The Services must only be used for your personal non-commercial use. For the avoidance of doubt, you must not resell electricity or access to the Services or permit any third party to use the Services on a paid-for basis. @@ -118,7 +120,8 @@ 7. If you know or suspect that anyone other than you knows your App or Website login details, you must promptly: (i) [contact us](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/contact/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6ZjkzYjoxYzU1NTVkMmYzNDQ4ZTZkOWVkYjg3Mjk4OTc3ZDY2YWRmODU3MTE0NjE5MDQ0ODY4MjI4ZWRkMGNmYmQ2ZWI4OnA6VDpO), and (ii) change your login details. 8. Charge Points may generate electromagnetic fields. If you have a pacemaker and are unsure about whether it is safe for you to use a Charge Point, you should not use the Charge Point. If you use a Charge Point and feel unwell at any time, stop using it immediately and seek assistance. Nothing in this clause limits or excludes any liability we cannot limit or exclude under clause 18.1. 9. If you believe a Charge Point is faulty, damaged or unsafe, you must stop using it and report it to us using the contact details in clause 28 (Contact Us By). You must not attempt to repair, open, service or alter any Charge Point. -4. PROHIBITED ACTIVITIES + +7. **PROHIBITED ACTIVITIES** 1. In addition to the restrictions in clauses 3.5 and 6, when using a Charge Point or Charging Bay you must not do any of the following, you must not: 1. deposit rubbish or litter in the Charging Bay or within the vicinity of the Charge Point, other than in designated rubbish bins; 2. bring into or keep in the Charging Bay or within the vicinity of the Charge Point any motor fuel or lubricating oil other than that inside the fuel tank, sump and engine of the vehicle; @@ -134,38 +137,52 @@ 12. do anything that could cause damage to property, injury to persons, or that may invalidate or increase the cost of any insurance relating to the Charge Point, Charging Bay or Network. 2. If you breach this clause 7 (Prohibited Activities) (or we reasonably suspect you have), we may (without limiting any other rights) stop or prevent a Charging Session, refuse access to the Services, suspend or terminate your Account/RFID Card, and/or report the matter to the site owner/host, enforcement authorities or emergency services. You will be responsible for any losses, costs, damages, claims, liabilities or expenses we incur arising from your breach, including the reasonable costs of repair, call-outs, cleaning, enforcement and administration. 3. We may charge amounts due under clause 7.2 to your Account/Payment Card in accordance with clause 9 (Payment Options) (where permitted). -5. CHARGES + +8. **CHARGES** 1. In consideration of us providing the Services to you, you shall pay the Charges to us in accordance with this Agreement. 2. The Charges payable by you will be made available to you before you start a Charging Session and may be displayed on the Charge Point, App, and/or Website. Charges may vary by Charge Point and location. 3. The Charges that apply to a Charging Session are the Charges displayed or otherwise notified for that Charge Point at the time you start the Charging Session. By starting (or attempting to start) a Charging Session, you agree to pay those Charges. 4. Charges may include (where applicable and as notified for the relevant Charge Point/location): (i) energy-based Charges (per kWh), (ii) time-based Charges, (iii) a session fee and/or minimum fee, (iv) transaction or processing fees, (v) Overstay Charges, and (vi) subscription fees (where you have a Subscription Plan). Overstay Charges may be incurred and charged after a Charging Session ends in accordance with this Agreement. 5. Where Charges are calculated on a kWh unit basis, such units are measured at point of charge by the MID certified meters at the Charge Points (where applicable). Where Charges are time-based (including Overstay Charges), the relevant times will be determined by reference to the times recorded by our systems. Our records will be conclusive evidence of the energy supplied and session times unless there is a manifest error. 6. If a Charge Point, meter or communications system malfunctions, we may (acting reasonably) estimate the applicable Charges by reference to available data (including session logs and reasonable assumptions) and/or apply a refund/credit in accordance with clause 15 (Credit/Refunds/Queries). -6. PAYMENT OPTIONS + +9. **PAYMENT OPTIONS** 1. Depending on the Charge Point and location, you may pay Charges in one or more of the following ways (and availability of a payment method is not guaranteed): 1. “Pay as you go” – contactless Payment Card at the Charge Point - 1. You may use your Payment Card via the Charge Point point-of-sale terminal to pay Charges on a pay-as-you-go basis (including using Apple Pay/Google Pay where supported). - 2. Prior to the Charging Session commencing, we may request a pre-authorisation hold of up to £80 (or such other amount as we notify on the Charge Point/App/Website). If authorised, the Charging Session may commence. - 3. The final Charges are calculated when the Charging Session ends and we will charge the actual amount due. +
    +
  1. You may use your Payment Card via the Charge Point point-of-sale terminal to pay Charges on a pay-as-you-go basis (including using Apple Pay/Google Pay where supported). +
  2. Prior to the Charging Session commencing, we may request a pre-authorisation hold of up to £80 (or such other amount as we notify on the Charge Point/App/Website). If authorised, the Charging Session may commence. +
  3. The final Charges are calculated when the Charging Session ends and we will charge the actual amount due. +
2. “Pay as you go” – payment via the App (Payment Card) - 1. You may register a Payment Card via the App and use the App/QR workflow to start/stop a Charging Session. - 2. Prior to the Charging Session commencing, we may request a pre-authorisation hold of up to £80 (or such other amount as we notify in the App/Website). If authorised, the Charging Session may commence. - 3. The final Charges are calculated when the Charging Session ends and we will charge the actual amount due. +
    +
  1. You may register a Payment Card via the App and use the App/QR workflow to start/stop a Charging Session. +
  2. Prior to the Charging Session commencing, we may request a pre-authorisation hold of up to £80 (or such other amount as we notify in the App/Website). If authorised, the Charging Session may commence. +
  3. The final Charges are calculated when the Charging Session ends and we will charge the actual amount due. +
3. “Pay as you go” – payment via the App (App Wallet) - 1. Where we make an App Wallet available, you may choose to pay Charges using your App Wallet balance. The App Wallet is operated by a third‑party provider and may be topped up (to the maximum balance permitted by that provider) in advance using accepted payment methods in the App. - 2. Where the App Wallet is used, a pre-authorisation hold may not apply. Charges for a Charging Session will be deducted from your App Wallet balance when incurred. - 3. You are responsible for ensuring that your App Wallet contains sufficient funds to cover the expected Charges. If it does not, you may be required to top up your balance before the Charging Session can begin or select an alternative payment method. If your App Wallet balance becomes negative, you must immediately top up your App Wallet to clear the outstanding amount. The App Wallet provider may suspend or block your App Wallet if a negative balance is not rectified following written notice. - 4. Authentication (for example, by entering a security code or completing verification steps) may be required before a Charging Session is authorised. Once authorised, the Charges for that Charging Session will be deducted from your App Wallet balance immediately after the Charging Session ends. You agree to comply with the terms of the App Wallet. +
    +
  1. Where we make an App Wallet available, you may choose to pay Charges using your App Wallet balance. The App Wallet is operated by a third‑party provider and may be topped up (to the maximum balance permitted by that provider) in advance using accepted payment methods in the App. +
  2. Where the App Wallet is used, a pre-authorisation hold may not apply. Charges for a Charging Session will be deducted from your App Wallet balance when incurred. +
  3. You are responsible for ensuring that your App Wallet contains sufficient funds to cover the expected Charges. If it does not, you may be required to top up your balance before the Charging Session can begin or select an alternative payment method. If your App Wallet balance becomes negative, you must immediately top up your App Wallet to clear the outstanding amount. The App Wallet provider may suspend or block your App Wallet if a negative balance is not rectified following written notice. +
  4. Authentication (for example, by entering a security code or completing verification steps) may be required before a Charging Session is authorised. Once authorised, the Charges for that Charging Session will be deducted from your App Wallet balance immediately after the Charging Session ends. You agree to comply with the terms of the App Wallet. +
4. “RFID Card” – Evyve RFID Card (monthly billing / account billing where applicable) - 1. Where we make this option available, you may use a Evyve-issued RFID Card to start a Charging Session. - 2. Charges for Charging Sessions started using a Evyve RFID Card may be billed in arrears and charged to the Payment Card registered to your Account at the end of the relevant billing period (typically monthly), or otherwise as set out in the App/Website/Charges Guide for your Account. - 3. We may set a Limit and/or require a deposit or part-payment in accordance with clause 13 (Limit, Deposit and Part Payments). +
    +
  1. Where we make this option available, you may use a Evyve-issued RFID Card to start a Charging Session. +
  2. Charges for Charging Sessions started using a Evyve RFID Card may be billed in arrears and charged to the Payment Card registered to your Account at the end of the relevant billing period (typically monthly), or otherwise as set out in the App/Website/Charges Guide for your Account. +
  3. We may set a Limit and/or require a deposit or part-payment in accordance with clause 13 (Limit, Deposit and Part Payments). +
5. “Roaming RFID Cards” (third-party cards) - 1. Where we permit third-party Roaming RFID Cards, you may start a Charging Session using a Roaming RFID Card issued by a third party. - 2. In that case, you will be billed by your Roaming Provider under your agreement with them. We are not responsible for the Roaming Provider’s pricing, fees, billing, or dispute handling. +
    +
  1. Where we permit third-party Roaming RFID Cards, you may start a Charging Session using a Roaming RFID Card issued by a third party. +
  2. In that case, you will be billed by your Roaming Provider under your agreement with them. We are not responsible for the Roaming Provider’s pricing, fees, billing, or dispute handling. +
6. “Subscription Plan” (monthly) - 1. Where we offer Subscription Plans, the subscription fee is payable in accordance with the plan terms notified at sign-up (typically monthly in advance). - 2. Charging Sessions taken under a Subscription Plan may be billed in arrears and charged to your registered Payment Card at the end of the relevant billing period, as described in the App/Website/Charges Guide for the plan. +
    +
  1. Where we offer Subscription Plans, the subscription fee is payable in accordance with the plan terms notified at sign-up (typically monthly in advance). +
  2. Charging Sessions taken under a Subscription Plan may be billed in arrears and charged to your registered Payment Card at the end of the relevant billing period, as described in the App/Website/Charges Guide for the plan. +
2. **Pre-authorisation holds** 1. A pre-authorisation is a temporary hold of a specified amount on your Payment Card and is not a charge. 2. Pre-authorisation holds may reduce your available balance/credit and may cause bank charges (e.g., overdraft fees). We are not responsible for any bank fees, exchange rates or other card issuer charges. @@ -180,7 +197,8 @@ 6. We reserve the right to retry processing payments where you owe us money for our Services including (without limitation) failed transactions and monthly billed Charges. 7. If attempts to process payment are unsuccessful, we reserve the right to suspend your Account and/or access to the Services until all outstanding amounts have been settled and paid. We may contact you by email or post to settle any outstanding balances owed. 8. We may charge you reasonable administration costs as a result of you paying late or failing to pay amounts due. -7. RFID CARDS + +10. **RFID CARDS** 1. If available, you can request an optional RFID Card (for a fee) from the Website/App after registering your Payment Card and/or creating an Account and following the instructions provided. We may refuse to issue an RFID Card and may set eligibility criteria from time to time. 2. We reserve the right to charge a fee for the supply of an RFID Card and for replacement RFID Cards (for example, if lost, stolen or damaged) and/or reasonable administration costs associated with issuing or replacing an RFID Card. 3. **Use of RFID Card and billing** @@ -195,7 +213,8 @@ 6. Any RFID Card will automatically expire (and may be disabled) if there have been no Charging Sessions started using it in the preceding 12 months. We may require you to request a replacement RFID Card (and pay any applicable fee) to resume RFID access. 7. Unless we expressly state otherwise, the RFID Card remains our property (or the property of our supplier). On request, you must return it to us or securely destroy it. 8. Third-party Roaming RFID Cards are governed by clause 9.1.5 and your agreement with the Roaming Provider. For the avoidance of doubt, clause 10 (RFID Cards) applies only to Evyve-issued RFID Cards. -8. LOSING YOUR PAYMENT CARD, RFID CARD OR APP OR WEBSITE PASSWORD + +11. **LOSING YOUR PAYMENT CARD, RFID CARD OR APP OR WEBSITE PASSWORD** 1. Use of the App or Website may require registration, particularly in order to access restricted areas of the App or Website and/or to use certain payment methods. 2. We are not obliged to permit anyone to register with the App or Website and we may refuse, terminate or suspend registration to anyone at any time (including for security, compliance, misuse or non-payment reasons). 3. You are responsible for ensuring that your password, device(s) and any other Account details are kept secure and confidential. You must: @@ -209,16 +228,15 @@ 6. We may (acting reasonably) suspend or restrict your Account, RFID Card and/or access to the Services if we believe it is necessary to protect you, us, other users, or the security of the Services (including where we suspect unauthorised use, fraud or a security incident). We are not responsible for any losses you suffer as a result of taking such protective steps. 7. Whilst we take reasonable measures to help protect the App and Website, we do not guarantee that the App, Website or any information transmitted through them will always be secure or free from unauthorised access, and you acknowledge that transmission of information over the internet is never completely secure. 8. Other than personal data (which will be handled in accordance with our [Privacy Notice](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/privacy-notice/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6M2RiNTo3YThkNWRjYzc1MzViMmIxMTU1ODE1YzlmMzk2Y2RiNTJiOWIyZTJjNjdiYjRlZGI1OTJlNzU1M2MzN2NhNDU5OnA6VDpO)), any feedback, suggestions or other non-confidential information you provide to us via the App/Website may be used by us (without payment to you) to operate, maintain and improve the Services.. -9. CHANGING, CHARGES AND TERMS + +12. **CHANGING, CHARGES AND TERMS** 1. We may change Charges, introduce new Charges and/or amend Tariffs at any time. The Charges/Tariff that apply to a Charging Session are those displayed or otherwise notified for the relevant Charge Point at the time you start the Charging Session (including in the App/Website, Charges Guide, on the Charge Point and/or on signage at the location). You should check the applicable Charges/Tariff before starting a Charging Session. 2. We may not provide notice of changes where: 1. Charges/Tariffs vary by location or Charge Point; 2. changes are required due to site owner/host requirements, network conditions, grid constraints, payment processor requirements, or other operational reasons; and/or 3. changes relate to third-party services or materials you do not regularly use. - -For the avoidance of doubt, Charge Point availability, access conditions and parking/overstay arrangements may vary by location and may change without notice. - -* 1. Where you have a Subscription Plan, we will provide reasonable notice of any material changes to the subscription fee or plan benefits. You may cancel the Subscription Plan before a material change takes effect (in accordance with the plan terms and clause 17 (Ending this Agreement)). + For the avoidance of doubt, Charge Point availability, access conditions and parking/overstay arrangements may vary by location and may change without notice. + 1. Where you have a Subscription Plan, we will provide reasonable notice of any material changes to the subscription fee or plan benefits. You may cancel the Subscription Plan before a material change takes effect (in accordance with the plan terms and clause 17 (Ending this Agreement)). 2. We may change, suspend, withdraw or discontinue the App, RFID Cards, Website and/or Services (in whole or part) at any time. We may also change or introduce new terms to this Agreement from time to time. Please note: 1. If changes are clearly in your favour or are not likely to adversely affect you, we may implement them immediately by publishing the updated terms. 2. Otherwise, where we consider changes are likely to materially adversely affect Account holders and/or Subscription Plan users, we will provide reasonable notice (for example via the App, Website or email). @@ -226,24 +244,23 @@ For the avoidance of doubt, Charge Point availability, access conditions and par 3. Where the Charges are calculated on a kWh unit basis, such units are measured at point of charge by the MID certified meters at the Charge Points (where applicable). Where Charges are time-based (including Overstay Charges), the relevant times will be determined by reference to the times recorded by our systems. 4. Charges may include a transaction/processing fee to cover card processing and payment service fees incurred by us. We may also vary the amount of any pre-authorisation hold (and/or request further authorisations during a session) as described in clause 9 (Payment Options). -1. LIMIT, DEPOSIT AND PART PAYMENTS +13. **LIMIT, DEPOSIT AND PART PAYMENTS** 1. We may set a monthly limit, being a maximum amount outstanding for payment on your Account (“**Limit**”). We may set, change, reduce, increase or remove your Limit at any time (including during a billing period). We may do so for reasons including (without limitation) payment risk, unusual usage patterns, suspected misuse/fraud, credit assessment, or operational reasons. If you reach or exceed your Limit, we may stop or prevent Charging Sessions and/or suspend your Account and/or RFID Card unless and until you make a payment we request. 2. Where you have an Account and/or where Charges are billed in arrears (including for RFID Card billing and/or Subscription Plans), we may (where permitted by law) carry out credit checks and/or fraud prevention checks and may share information with credit reference and fraud prevention agencies as described in clause 21 (Credit Reference and Fraud Prevention Agencies). 3. We may require you to pay a deposit: 1. at the start of your use of Account-based Services or RFID Card billing; 2. if we reasonably consider your payment risk has increased (including where payments fail, chargebacks occur, you exceed your Limit or usage materially increases); and/or 3. to remove a block, restriction or suspension from your Account, RFID Card or any Services. - -If you do not pay a requested deposit, we may suspend or restrict Services (including preventing Charging Sessions) until the deposit is paid. - -* 1. **Using and refunding deposits** + + If you do not pay a requested deposit, we may suspend or restrict Services (including preventing Charging Sessions) until the deposit is paid. + 1. **Using and refunding deposits** 1. We may use any deposit to pay any Charges or other amounts you owe us under this Agreement (including any administration costs or reasonable debt recovery costs where applicable). 2. You may request a refund of any deposit at any time, but we may reduce your Limit and/or impose restrictions if you do. 3. When this Agreement ends (and/or your Account is closed), we will refund any remaining deposit balance after deducting amounts owed to us. We do not pay interest on deposits. 2. If there is a significant increase in usage, if Charges accrue unusually quickly, or if we reasonably consider it necessary to manage payment risk, we may require you to make a part-payment or interim payment (including during a billing period) to continue to use the Services. If you do not make the requested payment, we may stop or prevent Charging Sessions and/or suspend Services. 3. Without prejudice to any other rights we have, we may set off any amounts we owe you (including refunds or credits) against any amounts you owe us under this Agreement. -1. SUSPENDING OUR SERVICES +14. **SUSPENDING OUR SERVICES** 1. We may suspend, restrict, block, disable or limit your use of any of the App, RFID Card, Services, Website and/or any Charge Point functionality (including preventing a Charging Session from starting or interrupting/stopping a Charging Session) if: 1. we believe the App, RFID Card, Website or Services are being used in a way which is not permitted under this Agreement, or you have breached (or we reasonably suspect you have breached) this Agreement; 2. you fail to pay Charges when due, any payment is declined, a pre-authorisation cannot be obtained, or you otherwise owe us money (including where a payment is reversed or charged back); @@ -259,29 +276,31 @@ If you do not pay a requested deposit, we may suspend or restrict Services (incl 3. When we suspend or restrict your use of the App, RFID Card, Website or Services, this Agreement will continue, and you must still pay all Charges due (including Charges incurred prior to suspension and any Charges that continue to accrue where applicable, such as Overstay Charges where notified). 4. Subject to clause 18.1 and your statutory rights, we will not be liable to you for any loss or damage arising from any suspension, restriction, interruption or unavailability of the Services, including where a Charging Session is interrupted or stopped in accordance with this Agreement. 5. We may require you to take reasonable steps before reinstating access (including updating payment details, paying outstanding amounts, paying a deposit/part-payment, and/or completing security verification). Reinstatement is at our discretion. -2. CREDIT/Refunds/Queries + +15. **CREDIT/REFUNDS/QUERIES** 1. If, for reasons not attributable to you, a Charge Point fails to supply electricity during a Charging Session and you have been charged for electricity that was not supplied (or otherwise charged incorrectly), you may contact us to request a correction, credit or refund. 2. You must contact us within 120 days of the relevant Charging Session (or, where charges are billed in arrears, within 120 days of the date the charges were billed) and provide reasonable information we request to investigate, which may include: the Charge Point identifier/location, date/time, your vehicle registration (if available), the last four digits of the Payment Card used (if applicable), and the amount charged. 3. Where we agree a refund or credit is due, we may (at our option and acting reasonably): 1. refund the relevant amount to the Payment Card used (or to the Payment Card registered to your Account); and/or 2. apply a credit to your Account (including against future charges or the next billing cycle). -Refund/credit processing may take up to 20 days (or longer depending on your card issuer and payment method). + Refund/credit processing may take up to 20 days (or longer depending on your card issuer and payment method). -* 1. For the avoidance of doubt: + 4. For the avoidance of doubt: 1. a pre-authorisation hold is not a charge and is handled in accordance with clause 9; we do not “refund” pre-authorisations (your card issuer releases them in line with its processes); 2. you are not entitled to a refund for issues caused by you (including using incompatible vehicles/equipment, failure to follow instructions, failing to connect properly, or ending a Charging Session early); and 3. Overstay Charges and other location-based fees are payable where properly incurred and notified under this Agreement and will only be refunded where applied in error. 2. If you used a third-party Roaming RFID Card, billing and refunds are handled by your Roaming Provider under your agreement with them. You should contact the Roaming Provider for billing queries or refund requests. 3. If you raise a chargeback or payment dispute through your card issuer or payment provider, we may suspend or restrict your Account and/or access to Services (in accordance with clause 14) until the dispute is resolved. This does not affect your obligation to pay Charges properly due under this Agreement. -1. Cooling-off Period +16. **COOLING-OFF PERIOD** 1. If you have selected a Subscription Plan and paid the subscription fee when you joined, you may cancel that Subscription Plan within 14 days from the date your subscription started. Where a Subscription Plan renews automatically, you will also have a right to cancel during any statutory renewal cooling-off period. 2. If you cancel your Subscription Plan during the cooling-off period: 1. where neither you nor anyone authorised by you to use your Account has used any Services under the Subscription Plan, we will refund the subscription fee in full; or 2. where Services have been used, we may deduct an amount from the refund which is proportionate to the Services used up to the time of cancellation. 3. You may cancel your Subscription Plan through your Account or membership settings in the App or Website (where available) or by contacting customer services using the details set out in clause 28 (Contact Us By). -2. ENDING THIS AGREEMENT + +17. **ENDING THIS AGREEMENT** 1. **When this Agreement ends (and when it doesn’t)** 1. If you have an Account and/or Subscription Plan, this Agreement continues unless ended under this clause 17 (Ending this Agreement). 2. If you do not have an Account, there is no ongoing account relationship to terminate: this Agreement applies to each use of the Services (including each attempt to start a Charging Session) and you end your relationship by simply not using the Services. @@ -290,29 +309,30 @@ Refund/credit processing may take up to 20 days (or longer depending on your car 2. Account closure/cancellation will take effect once we have processed your request and any outstanding amounts have been settled, and in any event we may delay closure where reasonably necessary to: (i) complete billing in arrears (including end-of-month billing), (ii) collect outstanding Charges, or (iii) address suspected fraud/misuse. 3. Cancelling a Subscription Plan does not necessarily close your Account (unless you also request Account closure). If you cancel a Subscription Plan, you may continue to use pay-as-you-go options (where available) subject to this Agreement. 3. **Your right to end for cause** + You may end this Agreement immediately by giving us written notice if: -You may end this Agreement immediately by giving us written notice if: - -* * 1. we commit a material breach of this Agreement and fail to remedy that breach within 7 days after you notify us in writing; or + 1. we commit a material breach of this Agreement and fail to remedy that breach within 7 days after you notify us in writing; or 2. where you have an Account and/or Subscription Plan, we make a change that is to your material detriment and you notify us of termination within one month of the date we notify you of that change. + + For the avoidance of doubt, changes to per-session Charges/Tariffs that apply only prospectively to new Charging Sessions (as described in clause 12 (Changing, Charges and Terms) do not, by themselves, give rise to a right to terminate under clause 17.3, unless they relate to your Subscription Plan fee/benefits. -For the avoidance of doubt, changes to per-session Charges/Tariffs that apply only prospectively to new Charging Sessions (as described in clause 12 (Changing, Charges and Terms) do not, by themselves, give rise to a right to terminate under clause 17.3, unless they relate to your Subscription Plan fee/benefits. - -* 1. **Ending by us** + 4. **Ending by us** 1. We may end this Agreement by giving you reasonable notice. 2. We may end this Agreement immediately (without notice) if: - 1. you breach this Agreement (including non-payment) and/or we reasonably suspect fraud, misuse, theft of electricity or unauthorised access; - 2. you do anything which we reasonably consider may damage, interfere with, or create a safety risk for the Network, a Charge Point, a Charging Bay, our staff/contractors or other users; - 3. you have repeated failed payments, chargebacks or payment reversals; - 4. we are required to do so by law, regulation or a competent authority; or - 5. we are permanently unable to provide the Services (in whole or in material part) for reasons beyond our reasonable control. - 2. **What happens when this Agreement ends** +
    +
  1. you breach this Agreement (including non-payment) and/or we reasonably suspect fraud, misuse, theft of electricity or unauthorised access;
    2. +
  2. you do anything which we reasonably consider may damage, interfere with, or create a safety risk for the Network, a Charge Point, a Charging Bay, our staff/contractors or other users;
    3. +
  3. you have repeated failed payments, chargebacks or payment reversals;
    4. +
  4. we are required to do so by law, regulation or a competent authority; or
    5. +
  5. we are permanently unable to provide the Services (in whole or in material part) for reasons beyond our reasonable control.
    6. +
+ 5. **What happens when this Agreement ends** 1. You must pay immediately all Charges and other amounts you owe us (including Charges billed in arrear, administration costs, reasonable debt recovery costs, and any Charges incurred prior to termination but processed afterwards, such as Overstay Charges). 2. Ending this Agreement does not affect: (i) any Charging Session already started, ended or attempted; or (ii) any rights or remedies accrued prior to termination. 3. Any deposit will be handled in accordance with clause 13 (Limit, Deposit and Part Payments) (including set-off against amounts owed). 4. Clauses relating to payment, refunds/credit, liability, fraud prevention and general legal terms continue to apply after termination (including clauses 8 (Charges), 9 (Payment Options), 13 (Limit, Deposit and Part Payments), 15 (Credit/Refunds/Queries), 18 (Liability and Exclusions), 21 (Credit Reference and Fraud Prevention Agencies) and 27 (General)). -1. LIABILITY AND EXCLUSIONS +18. **LIABILITY AND EXCLUSIONS** 1. Nothing in this Agreement shall limit or exclude our liability for: 1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 2. fraud or fraudulent misrepresentation; or @@ -338,25 +358,29 @@ For the avoidance of doubt, changes to per-session Charges/Tariffs that apply on 8. any termination of this Agreement (whether by you or by us) or any suspension/restriction of Services under this Agreement. You are not entitled to compensation as a result of termination or suspension, save where required by law or expressly stated in this Agreement (for example, any refund/credit due under clause 15 (Credit/Refunds/Queries) or any deposit handling under clause 13 (Limit, Deposit and Part Payments)). 5. Liability cap 1. Subject to clause 18.1 and your statutory rights, our total aggregate liability to you arising out of or in connection with this Agreement (whether in contract, tort (including negligence), misrepresentation, restitution or otherwise) will be limited to the greater of: - 1. £100; and - 2. the total Charges actually paid by you to us for the Services in the 12 months immediately preceding the event giving rise to the claim. +
    +
  1. £100; and
    2. +
  2. the total Charges actually paid by you to us for the Services in the 12 months immediately preceding the event giving rise to the claim.
    3. +
2. For the avoidance of doubt, we will not be liable for any damage to your vehicle or property unless caused directly by our breach of this Agreement or our negligence, and then only to the extent such loss is reasonably foreseeable and subject to clause 18.5.1. 6. Customer responsibility / indemnity -You will be responsible for, and you agree to indemnify us against, any claims, costs, damages, losses, liabilities, expenses and legal fees incurred by us arising from or in connection with: + You will be responsible for, and you agree to indemnify us against, any claims, costs, damages, losses, liabilities, expenses and legal fees incurred by us arising from or in connection with: -* * 1. your breach of this Agreement; + 1. your breach of this Agreement; 2. your misuse of the Services or a Charge Point; 3. any damage you cause to any Charge Point, Charging Bay, site or third-party property; and/or 4. any claim brought against us by a third party arising from your acts or omissions while using the Services. -1. PERSONAL INFORMATION +19. **PERSONAL INFORMATION** 1. You confirm and represent that the details you have provided to us at the time of registering for the App, Website and/or a RFID Card are correct. You must inform us as soon as practicable if your details change. 2. For more details on how we use your information, please read the [Privacy Notice](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/privacy-notice/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6M2RiNTo3YThkNWRjYzc1MzViMmIxMTU1ODE1YzlmMzk2Y2RiNTJiOWIyZTJjNjdiYjRlZGI1OTJlNzU1M2MzN2NhNDU5OnA6VDpO) on our Website. -2. DATA + +20. **DATA** 1. We process your data in accordance with our [Privacy Notice](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/privacy-notice/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6M2RiNTo3YThkNWRjYzc1MzViMmIxMTU1ODE1YzlmMzk2Y2RiNTJiOWIyZTJjNjdiYjRlZGI1OTJlNzU1M2MzN2NhNDU5OnA6VDpO). 2. Your payment details are not held by us but by a third-party payment service provider, who comply with PCI DSS Level 1. -3. CREDIT REFERENCE AND FRAUD PREVENTION AGENCIES + +21. **CREDIT REFERENCE AND FRAUD PREVENTION AGENCIES** 1. Where permitted by law, we may use your information to carry out credit checks and fraud prevention checks in connection with: (a) creating or maintaining an Account; (b) issuing or enabling an RFID Card; (c) providing Services billed in arrears (including end-of-month billing) and/or Subscription Plans; (d) setting, reviewing or changing any Limit, deposit or part-payment; and/or (e) recovering debts. You can ask us about how we use your details for these purposes by contacting us. 2. We may share information about you, your Account and your use of the Services with credit reference agencies, debt collection agencies and fraud prevention agencies, including information such as your contact details, payments made, account balances, missed/failed payments, chargebacks/payment reversals, disputes and queries and any change of address. We, and other organisations, may use this information to help make decisions about credit applications, to manage accounts, to recover debts and to protect against fraud and money laundering. If you do not pay us in full and on time, we may report the debt to credit reference agencies who may record it. 3. If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when: @@ -367,25 +391,31 @@ You will be responsible for, and you agree to indemnify us against, any claims, 5. checking details of job applicants and employees. 4. Fraud prevention agencies may retain records and may share such records with other organisations. The information they hold may be accessed from outside the UK. 5. Please contact us if you want details of the relevant credit reference and/or fraud prevention agencies. Further detail about our processing of personal data is set out in our [Privacy Notice](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/privacy-notice/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6M2RiNTo3YThkNWRjYzc1MzViMmIxMTU1ODE1YzlmMzk2Y2RiNTJiOWIyZTJjNjdiYjRlZGI1OTJlNzU1M2MzN2NhNDU5OnA6VDpO). -4. THIRD PARTY MATERIALS + +22. **THIRD PARTY MATERIALS** 1. Certain content, services or functionality available via the App, Website and/or Charge Points may include materials, services or links provided by third parties (for example, mapping, roaming access, payment processing, hosting, analytics or support tools). We are not responsible for examining or evaluating the content, availability, security, legality or accuracy of any third-party materials, websites, products or services and we do not warrant and will not have any liability or responsibility for them. 2. Any dealings you have with third parties are between you and the relevant third party. Third-party terms and privacy notices may apply. 3. You agree not to use any third-party materials in a manner that infringes or violates the rights of any other party, and you acknowledge that we are not responsible for your use of third-party materials. -5. INTELLECTUAL PROPERTY RIGHTS + +23. **INTELLECTUAL PROPERTY RIGHTS** 1. All Intellectual Property Rights in the App, Website and Services, including any software, content, data, trademarks and network materials, are owned by us or our licensors. 2. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the App, Website and Services for your personal, non-commercial use. 3. Except as expressly permitted by this Agreement or by law, you must not copy, modify, distribute, publish, rent, lease, sell, sublicense, reverse engineer, decompile or attempt to extract source code from the App/Website or any part of the Services (and you must not assist anyone else to do so). 4. You shall not acquire, in any way, any title, rights of ownership or interest in any Intellectual Property Rights of whatever nature which may exist or come into existence and no Intellectual Property Rights are transferred to you or licensed to you other than as expressly set out in clause 23.2. -6. NO TENANCY + +24. **NO TENANCY** 1. You acknowledge that this Agreement does not confer a right of exclusive possession in respect of any part of a Charge Point, Network or Charging Bay. Nothing in this Agreement is intended to create a tenancy, lease or other interest in land. 2. Your use of a Charging Bay is a temporary permission only, solely for the purpose of charging an electric vehicle in accordance with this Agreement and any applicable site rules. Once a Charging Session ends (or when required by signage/site rules), you have no right to remain in the Charging Bay and you must remove your vehicle promptly. This is without prejudice to any Overstay Charges or other amounts properly incurred under this Agreement. -7. ORAL STATEMENTS + +25. **ORAL STATEMENTS** 1. You agree that, in the event of any conflict, written data and specifications supplied by us shall prevail over any oral statements made by us or by our employees, agents or subcontractors (although we shall be responsible for any fraudulent misstatements). 2. Without prejudice to clause 8 (Charges) and clause 12 (Changing, Charges and Terms), the Charges/Tariff displayed or otherwise notified at the time you start a Charging Session (including on the Charge Point and/or in the App/Website) will apply to that Charging Session, subject to manifest error. 3. We use reasonable care to ensure written data and specifications are accurate in all material respects, but we do not guarantee that information (including availability/status information and non-tariff content) will always be complete, accurate or up to date. -8. COMPLAINTS + +26. **COMPLAINTS** 1. If you have a complaint, please [contact us](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/contact/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6ZjkzYjoxYzU1NTVkMmYzNDQ4ZTZkOWVkYjg3Mjk4OTc3ZDY2YWRmODU3MTE0NjE5MDQ0ODY4MjI4ZWRkMGNmYmQ2ZWI4OnA6VDpO). We will use reasonable endeavours to resolve any issues. -9. GENERAL + +27. **GENERAL** 1. We may transfer, assign, subcontract or otherwise deal with any of our rights and/or obligations under this Agreement to any person at any time (including to any member of our group) without your consent. This may include transferring responsibility for operation, billing and/or customer support. However, you must not transfer this Agreement (or any of your rights or obligations under it) to anyone else unless we have agreed in writing beforehand. We may refuse such a request in our discretion. 2. If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action. 3. A person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999, except that our group companies, service providers and site owners/hosts may rely on the exclusions and limitations of liability in this Agreement where they apply to them. @@ -397,7 +427,8 @@ You will be responsible for, and you agree to indemnify us against, any claims, 5. This Agreement (including referenced terms, conditions and policies) constitutes the entire agreement between you and us regarding the Services. If any provision is found invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable or, if not possible, severed, and the remainder shall remain in full force and effect. 6. You agree that this Agreement may be entered into electronically and that electronic acceptance (including via the App/Website and by starting a Charging Session) is legally binding. 7. This Agreement is governed by English law. However, if you live in Scotland, Scots law will apply to this Agreement, and if you live in Northern Ireland, the law of Northern Ireland will apply. You may bring legal proceedings in relation to this Agreement either in the courts of the part of the United Kingdom where you live, or in the courts of England and Wales. -10. CONTACT US BY + +28. **CONTACT US BY** 1. Web: [contact us](https://protect.checkpoint.com/v2/r02/___https://evyve.co.uk/contact/___.YXAxZTpzaGFycGVwcml0Y2hhcmQ6YzpvOmM5ODFmYThiMmZjMzVhOGY5ZDM0N2I3ZWM3MjFhNmMyOjc6ZjkzYjoxYzU1NTVkMmYzNDQ4ZTZkOWVkYjg3Mjk4OTc3ZDY2YWRmODU3MTE0NjE5MDQ0ODY4MjI4ZWRkMGNmYmQ2ZWI4OnA6VDpO) 2. Email: [customerservices@evyve.com](file:///C:\Users\hroper\Downloads\customerservices@evyve.com) 3. Post: Evyve Services Limited, Michael House 35 Chiswell Street, 2nd Floor, London, England, EC1Y 4SE.