1. Definitions and interpretation
1.1 Definitions
We, our or us - Ensco 2345 Limited (trading as Zapgo) a company incorporated and registered in England and Wales with company number 15096617 whose registered office is at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF.
You or your - the person using the App, RFID Card, Payment Card or Website to engage a Charging Service.
Account - your account with us registered and created using the App or the Website.
Account Plan - the terms and Charges for your Account which are available on our App or Website as updated from time to time.
Agreement - these terms and conditions, the Account Plan and any other terms and conditions from time to time relating to the Services that you choose to purchase from us.
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 the Services, as published on our App, Charge Points or which we otherwise provide.
Charge Point - the equipment that is owned or managed by us from time to time and used as part of the Services to recharge electric vehicles with electricity.
Charging Service - the service as set out in clause 3.1.2.
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 fees to be incurred and start accruing at the point that you leave your vehicle for longer than the permitted duration of stay as notified to you either on the App or by way of signage at the relevant Charge Point.
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 (including by way of contactless payments).
RFID Card - an optional card provided by us to identify you which is suitable for use by you at a Charge Point to use the Charging Services, and which is linked to your Payment Card.
RFID Request - has the meaning given in clause 10.1.
Security Notice - has the meaning given in clause 11.4.
Services - the services to be provided to you by us under this agreement as set out in clause 3, together with any other services which we provide or agree to provide to you in writing.
Website www.zapgo.co.uk
2. Commencement and term
2.1 Your use of the App, RFID Card, Website or any Services is deemed your acceptance of this Agreement.
2.2 This Agreement has no fixed term. This means that our agreement with you will continue until you or we decide to cancel your Account in line with clause 15.
3. Services
3.1 We shall provide you with the following services(the “Services“)
3.1.1 the use of the App and/or the Website to identify the geographical location of a Charge Point and its status;
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 at a Charge Point; and
3.1.4 the use of a customer service telephone helpline(the details of which are provided in clause 25 to assist you to use the Services or report a fault, subject to this Agreement.
3.2 We may use third party applications, services and software in relation to the App, Website and the Services. It is your responsibility to ensure that you comply with any related third party terms as notified to you from time to time.
3.3 You agree that you are solely responsible for all and any additional costs and expenses outside of this Agreement that you may incur from time to time in relation to your use of the App or Website (for example mobile data charges).
3.4 If you are under the age of 18 you may not be able to buy certain Services because you are too young.
4. Coverage
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 to us the outstanding amounts, and we may issue legal proceedings against you to recover any monies due and charge you an additional cost, including our reasonable and proper debt recovery costs.
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 agree that you shall:
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 forthe Charge Point;
5.2.3 not park within a bay designated for a specific purpose when you are not entitled to do so; and
5.2.4 pay all amounts due for your parking at the carpark and within the vicinity of the Charge Point.
5.3 You must ensure that, when your vehicle is fully charged, you remove the vehicle to ensure it does not obstruct access to the Charge Point for other users. Failure to do so in respect of Charge Points for DC metered / “Rapid” charges may result in you incurring Overstay Charges.
6. Using the Services
6.1 It’s your responsibility to make sure you comply with the terms of this Agreement, and that you follow our instructions on using the Services (including in cases where someone else is using your electric vehicle or Account).
6.2 You must never use the App, RFID 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 When using the App or Website or Services, you agree not to:
6.4.1 misuse or attack our App or Website or ChargePoint by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way ofa denial-of-service attack);
6.4.2 attempt to gain unauthorised access to our App or Website or Charge Point, the server on which our App or Website or Charge Point is stored, or any server, computer or database connected to our App or Website or Charge Point;
6.4.3 create derivative works based on the whole or any part of the App, Website or Services;
6.4.4 violate any laws relating to your use of the App, Website or the Services;
6.4.5 transmit any defamatory or offensive material through the App or Website;
6.4.6 do anything that could disable or impede the appearance or proper working of the App or the Website;
6.4.7 infringe our intellectual property rights orthose of any third party; or
6.4.8 do anything that could reasonably be considered to adversely affect our reputation or the reputation of the App, Website or Services.
6.5 You must ensure that recharging is carried out safely to avoid injury to any person or damage to property. You must ensure that:
6.5.1 you do not tamper with the Charge Point;
6.5.2 you do not use the Charge Point or the charging bay for any other purpose than charging an electric vehicle;
6.5.3 you do not act in any way such that the operation of the Charge Point or Network will be either jeopardised or impaired;
6.5.4 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 (and you must on demand pay us a sum equal to that increase to the extent that the increase is as a direct result of your breach of this clause 6.5.4);
6.5.5 the cable connecting the vehicle to the ChargePoint (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;
6.5.6 the Cable is plugged and unplugged from the vehicle in accordance with the vehicle manufacturer’s instructions and reconnected to the Charge Point; and
6.5.7 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.
6.6 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 a Charge Point;
7.1.2 bring into or keep in the car park or within the vicinity of a 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 charging bay for a 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 a Charge Point or the car park where a Charge Point is located; or
7.1.5 smoke within the vicinity of the charging bay of a Charge Point.
8. Charges
8.1 In consideration of us providing the Services to you, you shall pay the Charges to us for using the Charge Point to charge your electric vehicle.
8.2 The Charges payable by you are displayed on the Charge Point, App and Account Plan.
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 ChargePoint “point of sale” terminal to pay for the Charging Service on a “pay as you go” basis.
(b) Prior to the Charging Service commencing, apre-authorisation transaction of up to £50 will be requested from your bank. If this is authorised, the Charging Service will commence.
(c) The Charges will be displayed on the ChargePoint screen and the payment transaction occurs immediately after the charging session has completed.
9.1.2 “Account”
(a) You may register your Payment Card via the App with an Account that can be used to pay for the Charging Service.
(b) Prior to the Charging Service commencing, apre-authorisation transaction of up to £20 will be requested from your bank. If this is authorised, the Charging Service will commence.
(c) The Charges will be displayed on the ChargePoint screen and the payment transaction occurs immediately after the charging session has completed.
9.1.3 “Account Plan”
(a) You may select an Account 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 for the Charging Service.
(b) Prior to the Charging Service commencing, apre-authorisation transaction of up to £20 will be requested from your bank. If this is authorised, the Charging Service will commence.
(c) The Charges will be displayed on the ChargePoint screen and the payment transaction immediately after the charging session as completed.
9.2 You acknowledge that a pre-authorisation transaction is required in advance of using the Services.
9.2.1 A pre-authorisation is a temporary hold of a specific amount of the available balance on a credit or debit card.
9.2.2 The pre-authorisation is not a charge and no funds have been debited from your bank account. When you give us a credit/debit card, the pre-authorisation guarantees us that funds are available to pay for the Charging Services.
9.2.3 The pre-authorisation shall be released to yourbank as soon as possible after completion of the use of the Charge Point.
9.3 VAT will be included as part of the Charges where applicable.
9.4 We reserve the right to retry processing payments in any cases where you owe us money for our Services including but not limited to failed transactions for Services. We will attempt to retry processing outstanding payments for money owed for our Services and we reserve the right to suspend and block access to your Account until all outstanding amounts due to us have been settled and paid. We may notify you either on the App or by email or post to settle any outstanding balances owed and any steps taken shall be without prejudice to any claim, counterclaim, settlement,agreement or set-off save as to costs.
10. RFID Cards
10.1 If available, you can request an optional RFID Card from the Website or the App after registering your Payment Card on the App (RFID Request).
10.2 Following an RFID request, we will send you two RFID cards initially. We reserve the right to charge you a fee of £5 per RFID Card for each subsequent RFID Card requested by and issued to you.
10.3 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 reasonable opinion) that the RFID Card is being improperly used in any way or used in away that is not permitted by this Agreement.
10.4 You must touch you RFID Card on the touchpad at any Charge Point. This will then authorise and initiate the Charging Service,with the payment transaction occurring immediately after the charging session has completed.
11. Losing your Payment Card, RFID Card or App or Website password
11.1 You are required to register an Account in order to access the Services using the App or the Website.
11.2 We are not obliged to permit anyone to register an Account via the App or Website and we may refuse, terminate, or suspend registration of an Account to anyone at any time.
11.3 You are responsible for making sure that:
11.3.1 your Account details (such as username and password and any other details relating to the Account) are kept secure and confidential.
11.3.2 the information you have provided to us is updated if your details change;
11.3.3 you are able to access emails and other communications that we send to you using the details that you provide to us.
11.4 You must notify us immediately (using the contact details set out at clause 25) in the event that your Account is no longer secure (for instance, your Account details have become known to another person or there is or could be unauthorised access to your Account, mobiledevice, Payment Card etc) (“Security Notice”).
11.5 We will promptly suspend your Account upon receipt of a Security Notice from you.
11.6 You acknowledge that we do not have an obligation to notify your bank of fraudulent or unauthorised charge activity orto take action on your behalf. You agree to permit us to disclose your information where we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the safety of theApp and the Website.
11.7 You are responsible for all Charges up until the time we receive a Security Notice from you pursuant to clause 11.4. We will not be liable for any transactions using your Account and/or your Payment Card until the receipt of a Security Notice from you. We are only liable for any loss or damage arising from your failure to keep your Account details secure in respect to any unauthorised transactions made following our receipt of a Security Notice from you.
11.8 While we try to make sure that the App and Website is secure, we do not actively monitor or check whether information supplied to us through the App or Website is confidential, commercially sensitive, or valuable. We are under no obligation to check that any instructions made by you through the Website or the App are from you.
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 and display at eachCharge Point.
12.2 We are not under an obligation to inform you of any promotions or discounts in respect of the Charges.
12.3 We may change or withdraw the App, RFID Card,Website or Services at any time and we may change or introduce new terms to this Agreement at any time.
12.4 Where the Charges are calculated on a kWh unit basis, such units are measured at point of charge by the Measurement Instruments Directive certified AC meters and DC meters at the Charge Points.
13. Suspending our Services
13.1 We can suspend or restrict your use of any of the App, RFID Card, Services or Website if:
13.1.1 we believe the App, RFID Card, Website or Services are being used by you in a way we do not allow under this Agreement;
13.1.2 you have not kept to this Agreement (for example, you fail to pay any Charges when due);
13.1.3 you have not paid any Charges;
13.1.4 we believe that this Agreement was entered into fraudulently or you got the use of the App, RFID Card, Website or Services in an unauthorised, illegal, or fraudulent way;
13.1.5 we receive a Security Notice from you pursuant to clause 11.4;
13.1.6 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;
13.1.7 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
13.1.8 the emergency services tell us to, or a law or regulation is passed which means we need to do so.
13.2 We will try to tell you when we suspend or restrict your use of the App, but we do not have to.
13.3 When we suspend or restrict your use, this Agreement will continue, and you still must pay all Charges due during any period when we suspend or restrict the service.
14. Refunds
14.1 If for any reason the Charge Point fails to recharge your electric vehicle with electricity after payment has been made you should contact us to obtain a refund (using the contact details set out at clause 25) within 120 days of the Charge Point failure occurring.
14.2 The refund process may take up to 20 days upon being notified by you pursuant to clause 14.1, depending on the card issuer.
15. Ending this Agreement
15.1 You may end this Agreement by terminating your Account at any time.
15.2 We may end this Agreement and terminate your Account at any time if:
15.2.1 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;
15.2.2 within seven days of us asking you in writing,you do not do something fundamental that you must do under this Agreement (for example, pay the Charges when they are due); or
15.2.3 we are permanently unable to provide the Services to you.
15.3 When this Agreement comes to an end:
15.3.1 you will have to pay immediately all Charges you owe on that date (including any Charges for third party Services); and
15.3.2 we will refund to you any credit that you have outstanding for your Account.
16. Liability and exclusions
16.1 We are legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:
16.1.1 loss of income or profits;
16.1.2 loss of use of the Services;
16.1.3 lost business or missed opportunities; or
16.1.4 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.
16.2 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.
16.3 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.
17. Personal Information
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.
18. Data
18.1 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.
18.2 Your payment details are not held by us but by a third-party payment service provider, who complies with PCI DSS Level 1.
19. Third Party Materials
19.1 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.
19.2 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.
20. Intellectual Property Rights
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 to you because of this Agreement.
21. No tenancy
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.
22. Oral Statements
22.1 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).
22.2 We shall use our reasonable efforts to ensure that our written data and specifications are accurate in all material respects.
23. Complaints
If you have a complaint, please contact us using the contact details at clause 25. We will do our best to fix your issues.
24. General
24.1 We may transfer this Agreement to anyone at anytime. However, you can’t transfer this Agreement to anyone unless we’ve agreed in writing beforehand. We will not unreasonably refuse this request.
24.2 If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.
24.3 A person who is not a party to this Agreement has no right to benefit under or to enforce any terms of this Agreement.
24.4 We will send you notices by post, voicemail,text, email, or other form of electronic message and will assume for notices bypost 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 details set out at clause 25. You can then assume we have received these notices 48 hours after you have sent them.
24.5 This Agreement is under English law, unless:
24.5.1 you live in Scotland, in which case, it will be governed by Scots law; or
24.5.2 you live in Northern Ireland; in which case it will be governed by the law of Northern Ireland.
25. Contact us by
25.1 Phone: 0800 280 2800
25.2 Email: hello@zapgo.co.uk
25.3 Post: Ensco 2345 Limited (trading as Zapgo), 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF
26. We reserve the right to change our third-party service providers at any time without prior notification to you.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. BY USING THE APP, RFID CARD, WEBSITE OR ANY PART OF OUR SERVICES, INCLUDING REGISTERING AS A CUSTOMER WITH US, YOU AGREE TO THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE ENSCO 2345 LIMITED (TRADING AS ZAPGO) PRIVACY POLICY, AND YOU WILL ENTER INTO AN AGREEMENT WITH US.
