TERMS AND CONDITIONS OF SALE AND SUPPLY
These terms and conditions are between you and Osprey Charging Network Ltd and they govern your and our respective rights and obligations and are valid from 21 January 2021.
1 Definitions and interpretation
In this Agreement:
|We, our or us||Osprey Charging Network Ltd a company incorporated and registered in England and Wales with company number 8460233 whose registered office is at Camburgh House, 27 New Dover Road, Canterbury, Kent CT1 3DN.|
|You or your||the person using the App, RIFD Card, Payment Card or Website to engaging a Charging Service.|
|Agreement||these conditions, the Subscription Plan and the Charges Guide and any terms and conditions for any other products and Services you choose to take out.|
|App||our mobile application which may be downloaded from the internet via the Apple Store, the Android store or any online retailer as may be determined by us from time to time onto various mobile electronic devices;|
|Charges||Charges for Services, as published on our App, Website or Charge Points and in our Subscription Plan, Charges Guide or which we otherwise provide. These include the monthly Subscription Fee (billed for the month ahead unless we say otherwise), usage Charges or Charges for third party Services (billed after use) and any other Charges for the Services provided to you or someone using your App, Payment Card, RIFD Card or Website login.|
|Charges Guide||the terms and Charges for your Subscription Plan. Available on our App and Website. We update this every so often.|
|Charge Point||the equipment identified as part of the Services (owned by us) and used by the you to recharge electric vehicles with electricity.|
|Charging Service||the service as set out in condition 3.1.2.|
|Minimum Period||a period of time shown on your Subscription Plan, order form or welcome note, which begins when you select the Subscription Plan via the App or Website;|
|Network||our network of Charge Points.|
|Overstay Charges||means fees charged at £5 per 15 minutes rounded up to the nearest 15 minute interval for leaving a vehicle parked inside or near a charging bay and obstructing the Charge Point, such payment to be incurred 90 minutes after you start charging your electric vehicle until such time that you remove your electric vehicle from the charging bay;|
|Payment Card||A credit or debit card issued by a financial institution giving the holder an option to borrow or use existing funds in their checking account at point of sale.|
|RIFD Card||an optional card provided us to identify you which is suitable for use by you at the Charge Point to use the Charging Services, and is linked to your Payment Card;|
|Services||the services to be provided to you by us under this agreement as set out in condition 3, together with any other services which we provide or agree to provide to you in writing;|
|Subscription Plan||the arrangement to receive the Services selected via the App or Website.|
|Subscription Fee||the minimum monthly amount we charge you for the Subscription Plan you have chosen.|
2.1 Your Agreement period;
2.1.1 This Agreement will commence upon your acceptance, use of the App, RIFD Card, Website or any Services.
2.1.2 Unless we tell you otherwise, we’ll continue to supply you with the Services until we or you end this agreement in line with clause 16or 17.
2.1.3 If you have selected a Subscription Plan and this Agreement ends before the end of the Minimum Period (whether by you or us), you must still pay all the Subscription Fee until the end of the Minimum Period. This applies when this Agreement comes to an end in clause 17, except if:
(a) we end this Agreement under clause 17.1; or
(b) you end this Agreement under clause 17.3; or
(c) we end this Agreement because we are permanently unable to provide the Services to you.
3.1 We shall provide you with the following services (“the Services“):
3.1.1 he use of the App and/or the Website to identify the geographical location of a Charge Point and its status by inputting your current location on the App or Website;
3.1.2 the use of a Charge Point within our Network to recharge your vehicle with electricity (“the Charging Service“);
3.1.3 the ability to use the App, a Payment Card or optional RFID Card to pay for the recharging of your electric vehicle; and
3.1.4 the use of a customer service telephone helpline (the details of which are provided in condition 28to assist you to use the Services or report a fault, subject to these this Agreement.
3.2 When using the App, Website or Service you agree to comply with Apple’s, Google, Android’s or any other third parties’ terms and conditions and privacy policies. .
3.3 Youagree that youare solely responsible for all costs and expenses youmay incur in relation to youruse of the App or Website for example mobile data charges.
3.4 When using the App or Website or Services, youagree not to:
3.4.1 misuse or attack ourApp or Website or Charge Point by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.4.2 attempt to gain unauthorised access to ourApp or Website or Charge Point, the server on which ourApp or Website or Charge Pointis stored, or any server, computer or database connected toourApp or Website or Charge Point.
3.5 If youare under the age of 18 youmay not be able to buy certain Services because you are too young.
3.6 If you are not based in the UK you may be unable to obtain certain Services.
4.1 We will try to give you the Services when you want them. However, due to the nature of technology, it’s impossible to provide a fault-free service.
4.2 You acknowledge 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 or Website or Services will be uninterrupted and/or free from defects.
4.3 We may suspend the Services if there are any technical problems or where it is to make improvements to the Services. We will endeavour (but are not obliged) to contact you to let them know in advance when this occurs.
4.4 You agree that we may, from time to time, remove all or part of the Services for indefinite periods of time or any part of the Services at any time, without notice to you.
4.5 If you fail to pay the Charges or fail to provide sufficient information to us as requested, we may suspend all or part of the Services to you with immediate effect until you have paid us the outstanding amounts, and we may issue legal proceeds against you to recover any monies due and charge you an additional cost, including our reasonable and proper debt recovery costs.
4.6 Services you enjoy in the UK may not be available when you’re abroad.
5 Parking Restrictions
5.1 It is your responsibility to check whether there are any parking restrictions nearby or attaching to each Charge Point to ensure you do not contravene any traffic laws and regulations.
5.2 In addition, you should:
5.2.1 comply with all signs in the car park and within the vicinity of the Charge Point;
5.2.2 park within the limits of the charging bay;
5.2.3 not park within a bay designated for a specific purpose when you are not entitled to do so;
5.2.4 pay all amounts due for your parking at the car park and within the vicinity of the Charge Point.
5.3 You must ensure that when your vehicle is fully charged, you remove the vehicle so as to ensure it does not obstruct access to the Charge Point for other users. Failure to do so may result in you incurring Overstay Charges.
6 Using the Services
6.1 It’s your responsibility to make sure you keep to this Agreement, and you follow our instructions on using the Services – even if someone else is using your electric vehicle or App.
6.2 You must never use the App, RIFD Card, Website or the Services for anything we would consider is abusive, illegal, fraudulent, or a nuisance.
6.3 You’re not allowed to sell all or any part of the Services to anyone else. The Services must only be used for your personal non-commercial use.
6.4 You must ensure that recharging is carried out safely so as to avoid injury to any person or damage to property. In particular you must ensure that:
6.4.1 you do not tamper with the Charge Point;
6.4.2 you do not use the Charge Point or the charging bay for any other purpose than charging an electric vehicle;
6.4.3 you do not act in any way such that the operation of the Charge Point or Network will be either jeopardised or impaired.
6.4.4 You do not do anything that may cause our policy of insurance in respect of the Network, Charge Point or charging bay to become void or voidable or that increases the premium payable in respect of it.
6.4.5 If any act or omission by you results in an increased premium, you must on demand pay us a sum equal to that increase;
6.4.6 the cable connecting the vehicle to the Charge Point (the “Cable”) is safely plugged into your electric vehicle and that the positioning of the Cable does not create a tripping hazard to passers-by;
6.4.7 the Cable is plugged and unplugged from the vehicle in accordance with the vehicle manufacturer’s instructions and reconnected to the Charge Point; and
6.4.8 you disconnect the Cable from your vehicle and place the connection point of the Cable back in the Charge Point prior to your departing from the charging bay.
6.5 You shall comply with all instructions from us in relation to the delivery of the Services, and the connection and disconnection of your vehicle to and from the Charge Point and you shall reimburse us on demand in respect of all costs, claims, demands, expenses and liabilities which we may suffer or incur arising out of or in connection with your failure to comply with such instructions.
7 Prohibited Activities
7.1 You must not;
7.1.1 deposit rubbish or litter in the car park or within the vicinity of the Charge Point;
7.1.2 bring into or keep in the car park 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;
7.1.3 clean any vehicle or undertake any maintenance or repair of any vehicle at the car park or within the vicinity of the Charge Point.
7.1.4 do anything that may be or become a nuisance or annoyance or cause us to incur any liability to any other person using the car park or Charge Point;
7.1.5 Smoke, smoking is forbidden within both the car park and within the vicinity of the Charge Point.
8.1 In consideration of us providing the Services to you, you shall pay the Charges and if applicable the Subscription Fee to us for using the Charge Point to charge your electric vehicle.
8.2 The Charges, and Subscription Fee payable by you is displayed on the Charge Point, App and Website and Charges Guide.
9 Payment Options
9.1 Payment may be made in the following ways:
9.1.1 “Pay as you go”
(a) You may use your Payment Card via the Charge Point; point of sale terminal to pay for the Charging Service on a “pay as you go” basis.
(b) Prior to the Charging Service commencing, a pre-authorisation of £5 will be requested from your bank. If this is authorised, the Charging Service will commence.
(c) The Charges will be displayed on the Charge Point screen and the payment transaction occurs immediately after the charging session has completed.
(a) You may register your Payment Card via the Website or App with an account that can be used to pay for the Charging Service.
(b) Once you have added a minimum of £10 to your account you will be able to use the Charging Service.
(c) The Charges will be displayed on the Charge Point screen and the payment transaction occurs at the end of the month that the Charging Service took place.
9.1.3 “Subscription Plan”
(a) You may select a Subscription Plan via the App or Website and register your Payment Card via the Website or App with an account that can be used to pay the Subscription Fee and pay for the Charging Service.
(b) The Subscription Fee must be paid at the time you select the Subscription Plan, and your Payment Card is registered via the Website or App and each month thereafter until the Subscription Plan is terminated in accordance with clause 16or 17.
(c) The Charges will be displayed on the Charge Point screen and the payment transaction for the Charging Service occurs at the end of the month that the Charging Service took place.
9.2 VAT will be included if it applies.
9.3 If you owe us any money beyond your due date, and you do not have valid reasons for disputing the payment, we may charge you interest. We charge interest daily at the rate of 2% above the base rate of Barclays Bank each year.
9.4 We may charge you reasonable administration costs as a result of you paying your bill late or failing to pay it.
10 RFID Cards
10.1 If available, you can request an optional RFID Card for a fee from the Website after registering your Payment Card following the instructions on the Website.
10.2 We reserve the right to prevent the use of or to withdraw your RFID Card at any time if we have reason to suspect (in our opinion) that it is being improperly used in any way or used in a way that is not permitted by this Agreement.
10.3 You must touch you RFID Card on the touch pad at any Charge Point. This will then authorise and initiate the Charging Service, with the payment transaction occurring at the end of the month that the Charging Service took place.
10.4 The RFID Card automatically expires if there have been no transactions in the preceding 12 months.
11 Losing your Payment Card, RFID Card or App or Website password,
11.1 Use of the App or Website may require registration, particularly in order to access restricted areas of the App or Website.
11.2 Weare not obliged to permit anyone to register with the App or Website and wemay refuse, terminate or suspend registration to anyone at any time.
11.3 Youare responsible for making sure that yourpassword and any other account details are kept secure and confidential.
11.4 If your App password or Website password, or your Payment Card or RFID Card is lost or stolen, you must tell us as soon as possible so we can stop someone else using it.
11.5 You are responsible for all Charges up until the time you report your App password or Website password, or your, Payment Card or RFID Card missing to us. You must also continue to pay all the Subscription Fee for the Minimum Period.
11.6 Whilewetry to make sure that the App and Websiteis secure, wedo not actively monitor or check whether information supplied to usthrough the App or Websiteis confidential, commercially sensitive or valuable.
12 Changing, Charges and terms
12.1 We may change or introduce new Charges. If we increase our Charges, we’ll publish the changes on our App, Website and display as each Charge Point and give you at least 14 days’ notice.
12.2 However, we may not give you notice of such changes if they relate to third party Services which you don’t regularly use.
12.3 We may change or withdraw the App, RIFD Card, Website or Services at any time and we may change or introduce new terms to this Agreement at any time. If we do, we’ll give you at least 30 days’ notice of these changes unless we believe such changes will not disadvantage you or which you don’t regularly use. If these changes are to your material detriment, you have a right to end this Agreement under clause 17.3and we’ll tell you if you do.
12.4 Where the Charges are calculated on a kWh unit basis, such units are measured at point of charge by the MID certified AC meters and DC meters at the Charge Points.
12.5 The Charges include a transaction fee to cover card processing and payment service fees incurred by us.
13 Limit, deposit and part payments
13.1 We may set a monthly limit, being a maximum amount outstanding for payment, on your account (“Limit”). We may increase or remove this after carrying out a credit check. You may be able to go over your Limit, but if this happens, you must pay all Charges.
13.2 We may ask you for a deposit at the start of your Agreement, if you increase how much you use the Services or to remove a block from particular Services. You can ask for a refund of your deposit at any time, but we may reduce your limit if you do.
13.3 We can use the deposit to pay off any Charges you owe us. When this Agreement comes to an end, we’ll repay any deposit you’ve given us less any money you owe us. We will not pay any interest on any deposit we take from you.
13.4 If there’s a significant increase in your usage between bills, we may contact you and ask for a part payment so you can continue to use the Services.
14 Suspending our Services
14.1 We can suspend or restrict your use of any of the App, RIFD Card, Services or Website if:
14.1.1 we believe the App, RIFD Card, Website or Services are being used in a way we do not allow under this Agreement;
14.1.2 you have not kept to this Agreement (for example, you fail to pay any Charges when due);
14.1.3 we have asked you for a deposit or part payment which you’ve not paid;
14.1.4 you go over your Limit;
14.1.5 we believe that this Agreement was entered into fraudulently or you got the use of the App, RIFD Card, Website or Services in an unauthorised, illegal, or fraudulent way;
14.1.6 you tell us that your App or Website login, or your RIFD Card or Payment Card has been lost or stolen;
14.1.7 you become bankrupt or make any arrangement with creditors or go into liquidation or an administration order is made, or a receiver is appointed over any of your assets;
14.1.8 you do anything (or allow anything to be done) which we think may damage or affect the operation the Charge Point or our Network or Services; or
14.1.9 the emergency services tell us to, or a law or regulation is passed which means we need to do so.
14.2 We will try to tell you when we suspend or restrict your use, but we do not have to.
14.3 When we suspend or restrict your use, this Agreement will continue, and you still have to pay all Charges due during any period when we suspend or restrict the service.
15.1 If for any reason the Charge Point fails to recharge your electric vehicle with electricity after payment has been made:
15.1.1 You should within 120 days contact the us to obtain a refund.
15.1.2 The refund process may take up to 20 days, depending on the card issuer.
16 Cooling off period
16.1 If you have selected a Subscription Plan and paid your Subscription Fee to us as soon as you joined, you may withdraw within 14 days of joining.
16.1.1 If neither you nor anyone authorised by you to use your account has taken advantage of any Services, we will refund the Subscription Fee in full. Otherwise, we will issue you a partial refund based on use of the Services during that time by you or anyone authorized by you to use your account.
16.1.2 To withdraw within the 14-day period, you can adjust your membership settings [in your account, customer service or you can use the cancellation form.
16.1.3 To meet the withdrawal deadline, you must send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
17.1 Either you or we may end this Agreement by giving the other 14 days’ notice in writing.
17.2 You must pay the Charges during the notice period. You can stop using the Services any time, but you’ll still have to pay all the Subscription Fee.
17.3 You may end this Agreement by writing to us if:
17.3.1 we don’t do something fundamental that we should have done under this Agreement (for example, if there is a complete failure of the entire UK Network for seven days in a row due to something we have done), within seven days of you asking us in writing;
17.3.2 we tell you that there will be an increase in the Subscription Fee (calculated before the addition of VAT or other levy) and you write to us within one month of us telling you about the increase;
17.3.3 we change this Agreement to your material detriment. This includes (i) increasing Charges in the UK (calculated before the addition of VAT or other levy) which has the effect of increasing your total Charges (based on your usage in any of your last 3 bills) by more than 10% when compared with the Charges 12 months prior to the increase; or (ii) changing or withdrawing Services. We will tell you if this is the case. You need to write to us within one month of us telling you about the change, withdrawal or increase. This does not apply if this is a change to or withdrawal of third-party Services not included in your Subscription Plan, which we and you can cancel (or stop using) without ending this Agreement.
17.4 We may end this Agreement at any time if:
17.4.1 you do anything (or allow anything to be done) which we think may damage or affect the operation of the Charge Point or our Network;
17.4.2 within seven days of us asking you in writing, you do not do something fundamental that you have to do under this Agreement (for example, pay the Charges when they are due); or
17.4.3 we are permanently unable to provide the Services to you.
17.5 When this Agreement comes to an end:
17.5.1 you will have to pay immediately all Charges you owe on that date (including any Charges for third party Services); and
17.5.2 you must still pay all the Subscription Fee until the end of the Minimum Period. This applies when this Agreement ends, except if:
(a) we ended this Agreement under clause 17.1; or
(b) you ended this Agreement under clause 17.3; or
(c) we ended this Agreement because we were permanently unable to provide the Services to you.
17.5.3 In these three situations you do not have to pay all the Subscription Fee until the end of the Minimum Period.
17.5.4 If this agreement ends before the end of the Minimum Period, and you pay us all the Subscription Fee for the rest of the Minimum Period in one lump sum, we may reduce such payment by a rate we set. You can ask us what the reduction will be.
18 Liability and exclusions
18.1 We are legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:
18.1.1 loss of income or profits;
18.1.2 loss of use of the Services;
18.1.3 lost business or missed opportunities; or
18.1.4 any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into this Agreement with you. We will not be legally responsible to you if we cannot provide the Services because of something outside of our reasonable control.
18.2 Except for fraud or where our negligence causes death or personal injury, we will not pay more than the Charges paid for the Services by you.
18.3 The terms of this Agreement will not affect any rights which you may have under any law and which we cannot exclude under any Agreement
19 Personal Information
19.1 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.
19.2 We and our group companies may use your information to:
19.2.1 manage your account, carry out customer-care activities and train our staff, including monitoring calls, emails or text messages that you send us;
19.2.2 monitor the quality and security of our Charge Point and Network and test and maintain our IT systems;
19.2.3 analyse your use of the Services for marketing purposes, including, but not limited to, the calls and messages you send and receive and your location at the time these communications take place, as well as your browsing history and use of our websites;
19.2.4 contact you with marketing messages if you have not declined to receive such messages. You will be able to decline to receive such messages at any time through the App or Website. These messages may include marketing from other organisations, but we will not pass responsibility for your information to these other organisations. if you do not want to receive marketing messages from us, please contact us through our Website.
19.2.5 We do not include your details in any directory or directory enquiry service. If you want to have your information included in these services, you should contact us.
20.1 To the extent that any data or information belonging to you is personal data within the meaning of the Data Protection Act 1998 or equivalent legislation:
20.1.1 We will process such data and information only as required to operate and provide the subscribed Services;
20.1.2 We will not transmit such data and information to a country or territory outside the European Economic Area without your prior express written consent; and
20.1.3 We will take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to you as data controller.
20.2 You will be providing your personal information to us and we license and run the software to provide the Services. If you object to your information being transferred or used in this way you must not use the Services.
20.3 Your payment details are not held by us but by a third-party payment service provider, who comply with PCI DSS Level 1.
21 Credit reference and fraud prevention agencies
21.1 You can ask us about how we use your details for credit checking and fraud prevention when you take out this Agreement. We may release, to credit-reference agencies, debt-collection agencies and fraud-prevention agencies, details of your Agreement with us including any change of address, payments you make, account balances, missed payments, disputes and queries. We, and other organisations, may use this information to help make decisions about other credit applications made by you or other members of your household you are linked to financially and to protect both our business and our customers from fraudulent activity. We may also use any information we hold to trace debts and assess claims. If you don’t pay us in full, and on time, we may tell credit-reference agencies who will record the debt.
21.2 If false or inaccurate information is provided and fraud is identified, details will 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:
21.2.1 checking details on applications for credit and credit-related or other facilities;
21.2.2 managing credit and credit-related accounts or facilities;
21.2.3 recovering debt;
21.2.4 checking details on proposals and claims for all types of insurance; or
21.2.5 checking details of job applicants and employees.
21.3 Please contact us at the address below if you want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use, from other countries, the information recorded by fraud-prevention agencies
22 Third Party Materials
22.1 Certain content and services available via the App and Website may include materials from third parties. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liabilities or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
22.2 You agree not to use any third-party materials in a manner that would infringe or violate the rights of any other party and we are not in any way responsible for any use by you.
23 Intellectual Property Rights
23.1 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 or licensed as a result of this Agreement.
24 No tenancy
24.1 You acknowledge that this Agreement does not confer a right of exclusive possession in respect of any part of the Charge Point, Network or charging bay. Nothing in this Agreement is intended to create a tenancy and at the end of the Charging Session you have no right to remain at or trade from the Charge Point, Network or charging bay.
25 Oral Statements
25.1 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 sub-contractors (although we shall be responsible for any fraudulent misstatements).
25.2 We shall use our reasonable efforts to ensure that our written data and specifications are accurate in all material respects.
26.1 If you have a complaint, please contact us. We will do our best to fix your issues.
27.1 We may transfer this Agreement to anyone at any time. However, you can’t transfer this Agreement to anyone unless we’ve agreed in writing beforehand. We will not unreasonably refuse this request.
27.2 If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.
27.3 A person who is not a party to this Agreement has no right to benefit under or to enforce any terms of this Agreement.
27.4 We will send you notices by post, voicemail, text, email or other form of electronic message and will assume for notices by post that you have received them 48 hours after we have sent them. You must tell us about any changes to your address. If you want to write or email us, please use the address shown on your bill. You can then assume we have received these notices 48 hours after you have sent them.
27.5 This Agreement is under English law, unless:
27.5.1 you live in Scotland, in which case, it will be governed by Scots law; or
27.5.2 you live in Northern Ireland; in which case it will be governed by the law of Northern Ireland.
28 Contact us by
28.1 Phone:03300 100050
28.3 Post: Osprey Charging Network Ltd, Camburgh House, 27 New Dover Road, Canterbury, Kent CT1 3DN;
29 We reserve the right to change our third-party service providers at any time without prior notification to you.