THESE TERMS & CONDITIONS

• What these terms cover.These are the Terms & Conditions on which we supply services. By using our services you agree that these are the terms and conditions of the contract between us and you.
• Why you should read themPlease read these terms carefully before you submit your account registration to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or you require any changes, please contact us to discuss.

PARTIES

• Who we areWe are EVCHARGE.ONLINE, which is a trading style of Power Portal Limited a company registered in England and Wales. Our company registration number is 09995904 and our registered office is at Hangland Farm, Thorpe Road, Upper Wardington, United Kingdom, OX17 1SU.
• How to contact usYou can contact us by writing to us at support@powerportal.zendesk.com.
• How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when registering.

DEFINITIONS

• "writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
• “our website” means evcharge.online
• “our App” means the evcharge.online App.
• “site” unless otherwise described means a car-park, parking space, or other place at which the evcharge.online service is available.
• “driver services” means the supply of electricity for charging electric vehicles, and licence to park your vehicle and use the charging facilities provided at a site.

OUR CONTRACT WITH YOU

• How we will accept your registration. Our acceptance of your registration will take place when we email you a validation email during the on-line registration process. A contract will come into existence between you and us when you confirm your registration on our website using the link given in the validation email.
• If we cannot accept your registration. If we are unable to accept your registration, we will inform you and will not charge you for the service.
• Your customer number. We will assign a customer number to your account and tell you what it is when we accept your registration. It will help us if you can tell us the customer number whenever you contact us about your account.
• Your password.You must decide on a password to access our website and your account. You agree to keep this password secret and to inform us immediately if you believe or have reason to suspect that your password may have become known to a third party.

OUR SERVICES

We facilitate the use and purchase of driver-services at and from participating sites.

• We, acting as your agent, accept the payment of money from you for the purposes of paying to third party suppliers for driver-services they supply to you.
• We do not provide or supply driver-services. The driver-services will be provided to you by participating sites or third parties directly. Our service is only to facilitate advance payment for such supply.
• We will send remote signals for the switching on or off of driver-services (e.g. electricity) at the supply point you specify, subject to the over-riding control of the site operator.
• On your behalf, we will pay the charges raised by sites for the driver- services supplied to you, up to the amount credit balance on your account with us.

PROVIDING THE SERVICE

• How we will provide the service
• You will be able to pay money to us on-line via our web site. We will allocate that money to your account with us for the purposes of paying for products and services supplied to you by any participating site, after having deducted the transaction charge shown at the time of making payment.
  • The money will be held in our own bank accounts in GBP (Pounds Sterling) and will belong to us and be accounted for by us.
  • The payment gateway on our website is provided by WorldPay and you must abide by any terms and conditions WorldPay requires at the time.
  • You may notify us at any time if you wish us to close your account with us and to return any unused money to you, which we will do in accordance with these Terms & Conditions.
• You may open as many accounts as you wish, for instance, for use in connections with different vehicles. Each account will be accounted for separately. You may only have one account for each unique email address you have.
• As long as your account is in sufficient credit, when we receive an electronic signal from you via our App to enable or disable the supply of driver-services to a particular supply point we will send an electronic signal to the site to enable or disable a service at the supply point.
  • You may send us an electronic signal by using our App.
  • You may send us an electronic signal by using local facilities provided by the site operator if the site operator provides them.
• When we receive notice from a site that payment is due for services you have used, we will pay the amount due on your behalf, up to the current credit balance of your account with us.
  • Payments in currency other than GBP (pounds sterling) will be made by way of purchasing the currency required at the time of payment. Your account will be debited with the price paid in GBP including currency exchange costs.
• When the balance of your account falls below the limit set by you via our App we will notify you using the method you have chosen.
• We will record the amount of metered services used by you and the price paid and the location it was used at and make that information available to you via our website or App.
  • If you think that usage or price information is wrong you must let us know within 7 days and raise a query with the site in question.
  • If the think that the location information is wrong you must notify us immediately and tell us the location.
  • If you are registered for VAT and have provided us with your VAT registration number, then we will make VAT receipts for the driver-services used available to you upon request.
• We are not responsible for delays outside our control. If the supply of our service is delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract in accordance with these Terms & Conditions.
• We are not responsible if there is a problem due to incompatibility with our software and your browser or device. You must make sure our website and our App work correctly with your device before registering and before starting to use a new device or browser.
• What will happen if you do not give required information to us. We may need certain information from you so that we can supply the service to you, for example to comply with legal requirements or to meet the technical or administrative requirements of a participating site. We will not be obliged to supply the service if we are unable to supply the service effectively because you have not given us the information we need within a reasonable time of us asking for it. Details contained in privacy section.
• Reasons we may suspend the supply of services to you. We may suspend provision of the service:
  • (a) to deal with technical problems or make technical changes;
  • (b) to update the service to reflect changes in relevant laws and regulatory requirements;
  • (c) to make changes to the service as requested by you or notified by us to you;
  • (d) if you owe us money.
• If we suspend the supply of services then we will tell you in advance unless the reason for suspension is urgent or an emergency.

YOUR RIGHTS AND RESPONSIBILITIES

• Asking for a refund. You may request a refund by putting your request in writing, either send by email from the account of the email address you provided when registering or if you no longer have access to that email account then by post.
  • The request must be made no later than 22 months after you paid us the money in the first place.
  • We will, within 2 working days, initiate an electronic refund via WorldPay. If that is not possible we will contact you to agree alternative arrangements.
  • The amount we refund will be the amount on your account less any pending or anticipated payments for driver-services used by you, less any loss incurred in consequence of exchange rate fluctuations, less any fees levied by WorldPay and less a £5 admin charge.
• You may ask us to transfer your account balance to another account in your own name only.
• You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the service or how we are performing and when you decide to end the contract. Where there is no other more specific provision applicable, you may end the contract by giving 14 days’ notice in writing, unused funds are repaid based on the refund conditions.
• Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below then we will refund any money on your account as if you had requested a refund in accordance with these Terms & Conditions and the contract will end. The reasons are:
  • (a) we have told you about an upcoming change to the service or these terms which you do not agree to;
  • (b) we have told you about an error in the price or description of the service and you do not wish to proceed;
  • (c) there is a risk that supply of the service may be significantly delayed because of events outside our control;
  • (d) we have to suspend the service for more than 7 days, or tell you we are going to suspend it for more than 7 days;
  • (e) you have a legal right to end the contract because of something we have done wrong.
• Exercising your right to change your mind. For most services bought online you have a legal right to change your mind and cancel the contract without giving a reason.
• How long do I have to change my mind? You have 14 days after you complete your registration. However, once you have begun to use the service you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
• Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract by giving us notice in writing in accordance with these terms and conditions.
• You must use your best endeavours to ensure that your password is known only to you and that your account is not used fraudulently.
• If you are supplied more driver- services than can be paid for from the amount of credit in your account with us then we will inform you of the shortfall and you must pay it to us by the end of the next working day, time being of the essence.
• Telling us if your contact details change. You must tell us if you change your mobile phone number, or residential address. You must do this in writing or using the website feature for changing your contact details.

HOW TO END THE CONTRACT WITH US

• Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  • Email us at support@powerportal.zendesk.com. Please provide your name, home address, phone number and email address, and you customer number.
  • Write to us at our usual address, including your name, address, email address, and customer number.

OUR RIGHTS TO MAKE CHANGES

• We reserve the right to make changes to these Terms & Conditions at any time by posting the changes to our website and publishing a notice on our website.
• You may accept the changes by continuing to use the service.
• If you do not wish to continue to use the service you may give notice in writing that you do not accept the changes, or you can just stop using the service. If your account is then in credit and you wish the money returned then you must let us know in writing that you so wish and the money will be returned according to the Terms & Conditions in force.

OUR RIGHTS TO END THE CONTRACT

• We may end the contract if you break it. We may end the contract at any time by writing to you if:
  • you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due, time being of the essence;
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service;
  • you attempt to interfere in any way with the functioning of our website, App, equipment, or electronic signalling systems, or with the equipment or systems of a participating site;
  • You undertake any unlawful or suspicious activity on your account;
• You must compensate us if you break the contract. If we end the contract then we will refund any money due to you as if you had requested a refund. We will charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
• We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will let you know at least 30 days in advance of our stopping the supply of the service, except in the case of unlawful or suspicious activity.
• If you withdraw your consent to our processing of your personal data. As we are not able to perform our obligations to you without processing your personal data, if you withdraw your consent, then we may end the contract.

IF THERE IS A PROBLEM WITH THE SERVICE

• How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can write to us at our usual address or email support@powerportal.zendesk.com.
• If there is a problem with supply of products or services. At first you must inform the site operator as the problem is most likely to be a fault with the systems at the site and not with our service.
  • We are not the supplier of the driver-services supplied to you by the site operator and we are not liable for any failure or defect in the supply of those driver-services, including but not limited to:
    • Failure to supply at all;
    • Supply of electricity or to the wrong supply point;
    • Interruption of supply;
    • Interception or use of supply by a third party;
    • Failure to enable or disable supply;
    • Failure or malfunction of site equipment.
  • If the site operator is unable to resolve the problem, please inform us of the problem and tell us who you dealt with at the site and we will attempt to resolve the problem if possible.

PRICE AND PAYMENT

• Where to find the price for the driver-services. The prices of driver-services are part of your agreement with the site operator and is not set by us. You can view the current price for metered services via our web site or App. For all other services it is your responsibility to find out and agree the price with the site operator or its authorised agent before accepting supply.
• What happens if the price is wrong? It is always possible that, despite our best efforts, we may pay the wrong price for products or service supplied to you.
  • If the price paid by us was wrong. If through our error we pay the wrong amount to a site on your behalf, then once we have been notified and have verified that an error was made we will credit your account with the amount paid in error and debit it with the correct amount.
  • If the priced charged to you by the site was wrong. As we are acting as your agent, that means we will have paid the wrong price to the site on your behalf and so your normal recourse will be to the site. We may, at your option, deal with the price dispute on your behalf, but may charge a reasonable fee for doing so.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

• We are responsible to you for foreseeable loss and damage caused by us if we fail to comply with these terms or fail to use reasonable care and skill. Our liability is limited by these Terms & Conditions.
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the service.
• We are not liable for business losses. If you use the service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• We are not liable for any loss of enjoyment or opportunity. This includes where the loss of enjoyment or opportunity is caused by our fault.
• We are not liable for any loss consequent on theft or loss of information provided that we have discharged our duties under the Data Protection Act 1998 and GDPR regulations. We do not, in any case, store your payment card details.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We do not store payment card details apart from the last four digits used for initiating repeat transactions with WorldPay, e.g. when you make a top-up payment.

• You consent to us processing your personal data in accordance with our Privacy Policy. Our Privacy Policy is shown below these Terms and Conditions.

OTHER IMPORTANT TERMS

• Entire Agreement. These Terms & Conditions constitute the entire agreement between us. In particular, no additional representation made by us or any agent or representative is a contractual term.
• We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens.
• You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
• Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
• If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
• Which laws apply to this contract and where you may bring legal proceedings. These Terms & Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in another EU member state, you may bring proceedings in your national court. If you live outside the European Union, you can bring proceedings in the English courts.
• Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court, for example, mediation. You agree not to issue proceedings in any jurisdiction except that you have first agreed to and concluded an ADR process, or we agree that no ADR process is suitable in the circumstances.