TERMS AND CONDITIONS OF SALE AND SUPPLY
1. Interpretation In these terms and conditions (“these Conditions“) the following words and expressions shall have the following meanings:
App: Engenie’s 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 Engenie from time to time onto various mobile electronic devices;
Charges: the sums incurred by the Customer as a result of their use of a Charge Point to recharge their vehicle, identified and accessed using the App, Payment Card or RFID Card calculated in accordance with condition 5;
Charge Point: the equipment identified as part of the Services (owned by Engenie) and used by the Customer to recharge electric vehicles with electricity;
Charging Service: as defined in condition 3.1.2;
Customer: a customer who purchases Services from Engenie;
Engenie: Engenie 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;
Force Majeure Event: means any event beyond Engenie’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors or any failure of a Charge Point including a communications failure;
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 60 minutes after a Customer starts charging his/her vehicle until such time that the Customer removes his/her vehicle from the charging bay;
Parties: Engenie and the Customer, and “Party” shall be construed accordingly;
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;
RFID Card: an optional card provided by Engenie to identify the Customer which is suitable for use by the Customer at the Charge Point to use the Charging Services, and is linked to the Customer’s registered payment method;
Services: the services to be provided to the Customer by Engenie under these Conditions as set out in condition 3, together with any other services which Engenie provides or agrees to provide to the Customer in writing; and
2. Introduction These Conditions set out the Customer’s rights and obligations when purchasing the Services in accordance with these Conditions.
2.1 These Conditions will become binding on the Customer and Engenie and a contract will come into existence between the Parties upon commencement of the Services being provided to the Customer at which time the Customer is deemed to have accepted these Conditions.
3.1 Engenie shall provide the Customer with the following services (“the Services“):
3.1.1 the right to use the App and/or the Website to identify the closest geographical Charge Point and its status by inputting their current location on the Website;
3.1.2 the use of the Charge Point to recharge their vehicle with electricity (“the Charging Service“);
3.1.3 the use of an App, Payment Card or optional RFID Card to allow the Customer to pay for the recharging of their vehicles; and
3.1.4 the use of a Customer service telephone helpline (the details of which are provided in condition 15) to assist the Customer to use the Services or report a fault, subject to these Conditions.
4. Issue and use of RFID Cards
4.1 If available, the Customer can request an optional RFID Card for a fee from the Website or the App after registering their credit or debit card following the instructions on the Website.
4.2 Engenie reserves the right to prevent the use of or to withdraw a Customer’s RFID Card at any time if they have reason to suspect (in their opinion) that it is being improperly used in any way or used in a way that is not permitted by these Conditions.
4.3 The Customer must touch their RFID Card on the touch pad at any Charge Point. This will then authorise and initiate the charging of the Customer’s vehicle, with the payment transaction occurring after the charging session has completed.
4.4 The RFID Card automatically expires if there have been no transactions in the preceding 12 months.
5. Price and payment
5.1 In consideration for Engenie providing the Services, the Customer shall pay the Charges to Engenie for using the Charge Point to charge their vehicle.
5.2 The Customer may register his/her credit or debit card via the Website or App with an account that can be used to pay for the Charging Service on a “pay as you go” basis, with the payment transaction occurring after the charging session has completed.
5.3 The Customer may use his/her Payment Card via the Charge Point point of sale terminal to pay for the Charging Service on a “pay per session” basis, with the session cost displayed on the Charge Point screen and the payment transaction occurring prior to the charging session.
5.4 Unless otherwise stated in writing the prices quoted by Engenie are inclusive of VAT and any other applicable taxes.
5.5 The Charges for the Charging Service shall be based on the price of use of each Charge Point, set by Engenie and subject to increase by Engenie from time to time, provided that such increase shall be notified to the Customer.
5.6 The Charges can be found on the Website, the App and displayed at each Charge Point. 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.
5.7 If for any reason the Charge Point fails to recharge the vehicle with electricity after payment has been made, the Customer should within  days contact the Engenie Customer service telephone helpline on 03300 100050 to obtain a refund. The refund process may take up to  days, depending on the card issuer.
5.8 The Customer confirms their agreement to adhere to these Conditions (as amended from time to time) as made available by Engenie on its Website.
6. Cancellation Rights The Customer may terminate these Conditions for the provision of the Services at any time by providing Engenie with written notice. Any pre-payment the Customer has made for Charges in respect of the period post the effective date of termination will be refunded to the Customer within a reasonable time after receipt of such notice.
7. Disruption to Services
7.1 Engenie will use its reasonable efforts to provide the Services to the Customer.
7.2 The Customer acknowledges that under these Conditions Engenie is not guaranteeing, representing or warranting the working order or suitability of any Charge Point at any given time, or that the use of the App or Website will be uninterrupted and/or free from defects.
7.3 Engenie may suspend the Services if there are any technical problems or where it is to make improvements to the Services. Engenie will endeavour (but is not obliged) to contact the Customer to let them know in advance when this occurs.
7.4 The Customer agrees that Engenie 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 the Customer.
7.5 If the Customer fails to pay the Charges in accordance with condition 5 or fails to provide sufficient information to Engenie as requested, Engenie may suspend all or part of the Services to the Customer with immediate effect until the Customer has paid Engenie the outstanding amounts, and Engenie may issue legal proceeds against the Customer to recover any monies due and charge the Customer additional cost, including Engenie’s reasonable and proper debt recovery costs.
8. Customer’s obligations
8.1 It is the Customer’s responsibility to check whether there are any parking restrictions nearby or attaching to each Charge Point to ensure the Customer does not contravene any traffic laws and regulations.
8.2 The Customer must ensure that recharging is carried out safely so as to avoid injury to any person or damage to property. In particular the Customer must ensure that:
8.2.1 the cable connecting the vehicle to the Charge Point is safely plugged into the Customer’s vehicle and that the positioning of the cable does not create a tripping hazard to passers-by;
8.2.2 the cable must be plugged and unplugged from the vehicle in accordance with the vehicle manufacturer’s instructions and reconnected to the Charge Point; and
8.2.3 the Customer does not drive off (or allow a third party to drive off) with the cable still attached to the Charge Point.
8.3 The Customer must ensure that when his/her vehicle is fully charged, they must 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 the Customer incurring Overstay Charges.
8.4 The Customer shall comply with all instructions of Engenie in relation to the delivery of the Services, and the connection and disconnection of the Customer’s vehicle to and from the Charge Point and the Customer shall reimburse Engenie on demand in respect of all costs, claims, demands, expenses and liabilities which Engenie may suffer or incur arising out of or in connection with the Customer’s failure to comply with such instructions.
9. Engenie’s right to terminate
9.1 Engenie may cancel the Services to the Customer or the availability of the App, RFID card or Website forthwith at any time.
9.2 Without affecting any other right or remedy available to it, Engenie may terminate or suspend the provision of the Services and the RFID cards or both (in whole or in part) without notice in the circumstances set out below:
9.2.1 if the Customer fails to pay any amount due under these Conditions on the due date for payment and remains in default for 3 working days after being notified in writing to make such payment;
9.2.2 if Engenie is aware or has reason to believe that the Services, App or any RFID card registered in the Customer’s name is being used in an unauthorised, unlawful, illegal or fraudulent manner or has been compromised in any way whatsoever;
9.2.3 the Customer commits a breach of any of these Conditions;
9.2.4 if a Force Majeure Event prevents Engenie from performing its obligations under these Conditions for any continuous period of three months.
10. Oral statements The Customer agrees that, in the event of any conflict, written data and specifications supplied by Engenie shall prevail over any oral statements made by Engenie or by Engenie’s employees, agents or sub-contractors (although Engenie shall be responsible for any fraudulent misstatements). Engenie shall use its reasonable efforts to ensure that its written data and specifications are accurate in all material respects.
11. Limitation of liability
11.1 Engenie shall not be responsible for loss, damage, deterioration, wear or expense arising directly or indirectly out of or in connection with any circumstances over which Engenie has no control of the consequences and which Engenie could not avoid by the exercise of reasonable care.
11.2 Engenie shall not be responsible to the Customer for:
11.2.1 the cost of substitute Services;
11.2.2 any defects in the Customer’s vehicle caused by any misuse or neglect by or default of the Customer or of any third party;
11.2.3 any defects in the Charge Point and/or the Customer’s vehicle caused by failure to follow Engenie’s instructions in relation to the use, delivery or supply of the Services and the connecting and/or disconnecting of the Customer’s vehicle to the Charge Point; and
11.2.4 any failure to perform or delay in performance of any of its obligations under these Conditions that is caused by a Force Majeure Event.
11.3 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Conditions.
11.4 Nothing in these Conditions excludes or limits Engenie’s liability:
11.4.1 for death or personal injury caused by Engenie’s negligence; or
11.4.2 under section 2(3) of Consumer Protection Act 1987; or
11.4.3 for any matter which it would be illegal for Engenie to exclude or attempt to exclude its liability; or
11.4.4 for fraud or fraudulent misrepresentation.
11.5 Subject to conditions 11.3 and 11.4:
11.5.1 Engenie’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to the Charges paid for the Services by the Customer; and
11.5.2 Engenie shall not be liable to the Customer (whether in contract, tort (including negligence) breach of statutory duty, restitution or otherwise) for any financial losses, including pure economic loss, loss of profit, loss of business, or depletion of goodwill in each whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions, even if Engenie has been advised of the possibility of such damages.
12. Third Party Materials
12.1 Certain content and services available via the App and Website may include materials from third parties. The Customer agrees that Engenie is not responsible for examining or evaluating the content or accuracy and Engenie does 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.
12.2 The Customer agrees not to use any third party materials in a manner that would infringe or violate the rights of any other party and Engenie is not in any way responsible for any use by the Customer
13. Supply, use and disclosure of information
13.1 The Customer confirms and represents that the details they have provided to Engenie at the time of registering for an account and/or a RFID Card are correct. The Customer must inform Engenie as soon as practicable if their details change.
13.2 By registering on the Website or App, the Customer consents to receiving communications relevant to the subscribed Services.
13.3 To the extent that any data or information belonging to the Customer is personal data within the meaning of the Data Protection Act 1998 or equivalent legislation:
13.3.1 Engenie will process such data and information only as required to operate and provide the subscribed Services;
13.3.2 Engenie will not transmit such data and information to a country or territory outside the European Economic Area without the Customer’s prior express written consent; and
13.3.3 Engenie 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 the Customer as data controller.
13.4 By accepting these Conditions and using the Services, the Customer will be providing their personal information to Engenie who license and run the software to provide the Services. If the Customer objects to their information being transferred or used in this way they must not use the Services.
13.5 Customer payment details are not held by Engenie but by a third party payment service provider, Credit Call who comply with PCI DSS Level 1.
14. Changes to these Conditions Engenie reserves the right at any time to modify these Conditions and impose new or additional terms and conditions on the Customer use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Conditions. The Customer continued use of the Services will be deemed acceptance thereof.
15. Contact details for Engenie Engenie’s contact details are as follows: Customer service telephone helpline: 03300 100050 E-mail: firstname.lastname@example.org Engenie reserve the right to change its third party service providers at any time without prior notification to the Customers.
16. Rights and remedies Except as expressly provided in these Conditions, the rights and remedies provided under these Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
17.1 If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this condition shall not affect the validity and enforceability of the rest of these Conditions.
17.2 If any provision or part-provision of these Conditions is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18. Entire agreement
18.1 These Conditions constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Conditions.
18.3 Nothing in this condition 18 shall limit or exclude any liability for fraud.
19. Assignment and other dealings
19.1 These Conditions are personal to the Customer and the Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Conditions.
19.2 Engenie may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all of its rights and obligations under these Conditions.
20. Third party rights No one other than a party to these Conditions shall have any right to enforce any of its terms.
21. Governing law and jurisdiction
21.1 These Conditions and any contract to which these Conditions apply, are governed by and shall be construed in accordance with the laws of England. Non-contractual obligations (if any) arising out of or in connection with these Conditions and any contract to which these Conditions apply (including its/their formation) shall also be governed by the laws of England.
21.2 Engenie and the Customer submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with these Conditions and any contract to which these Conditions apply (including its formation).
NOTHING IN THESE CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF THE CUSTOMER.