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MER TERMS AND CONDITIONS (UK)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

These Terms contain important information including details of how our Services should be used, our liability to you and what you should do if you have concerns with these Terms or our Services or wish to cancel. We have highlighted some of the most important parts of the Terms in bold.

By using our Services, including registering as a customer with us, using charging infrastructure in the Network to charge a vehicle, using our App and/or the Portal, and/or applying for and using a Charge Card, you agree to these Terms as they apply to our Services and you will enter into an agreement with us. If you do not agree to these Terms you should not proceed to use our Services.

WHO WE ARE AND WHAT THESE TERMS DO

We, MER CHARGING UK LIMITED (we, us or our), are a company registered in England and Wales with company registration number 12449759 with our registered office at 19th Floor, 22 Bishopsgate, London EC2N 4BQ, United Kingdom, and our registered VAT number is GB344556881.

These terms and conditions (Terms) apply to users of the charging infrastructure in the Network and any associated services, including the Mer driver portal (the Portal), the Mer application (the App) and the Mer charge card or tag (the Charge Card), that we provide in the United Kingdom (Services).

Section A of these Terms are applicable to all users of our Services.

Section B of these Terms apply when you register a Mer customer account (Account) with us.

Section C of these Terms apply to users of the Charge Card.

If you are unsure which sections of these Terms apply to your use of our Services or have any questions about these Terms, the App, the Portal and/or the Charge Card, please contact us using Our Contact Details below.

HOW TO CONTACT US

You may contact us by email on [email protected] or by phone on 020 3884 2768 24 hours a day, 7 days a week (Our Contact Details).

Our website is https://uk.mer.eco/ (the Website).

SECTION A – GENERAL TERMS

1 THESE TERMS ARE ONLY APPLICABLE TO SERVICES IN THE UK

These Terms are only applicable to our Services in the United Kingdom (including Northern Ireland). Should you wish to access and use our charging infrastructure and associated services outside of the United Kingdom separate terms and conditions are applicable.

Please see our Website for further details.

2. OTHER TERMS MAY APPLY

By entering into these Terms you are also agreeing to comply with the provisions of third party terms and conditions that apply to your use of the Services (please see Paragraph 13 of Section B Third Party Terms) and updates made to these Terms in the future (please see Paragraph 14 of Section A Changes to these Terms).

3. OUR CHARGING NETWORK

Our charging services enable you to recharge your vehicle with electricity using the charging stations that we own and/or operate (the Mer Charging Stations) and in some circumstances using charging stations owned and/or operated by third parties (Third Party Charging Stations) (together the Charging Stations and all the Charging Stations together forming the Network).

A list of the Mer Charging Stations and Third Party Charging Stations forming the Network is updated regularly and can be viewed via the App or the Portal.

The use of our Services relies on third party communications and mobile data networks and you agree that there may be circumstances where the App, the Portal and/or the Services are unavailable due to circumstances beyond our control.

We may modify, restrict access to, or suspend the Services available on the Network at any time where it is reasonably necessary for our internal business operations, to reflect changes in relevant laws and regulatory requirements or where this is due to circumstances outside of our reasonable control.

Your use of our Services does not constitute a supply of electricity to a premises.

Where using Third Party Charging Stations you must comply with signage and safety instructions as notified to you from time to time by the owner and/or operator. Except as expressly set out in these Terms, we are not responsible for your use of Third Party Charging Stations.

4. RECHARGING YOUR VEHICLE AT CHARGING STATIONS

When using the Charging Stations you acknowledge and agree that:

5. YOU ACKNOWLEDGE THAT WE DO NOT GUARANTEE HOW LONG IT WILL TAKE TO CHARGE YOUR VEHICLE

Charging an electric vehicle is dependent on several factors, including (but not limited to) the technical specifications of the electric vehicle in question, the battery charge level and capacity and the charging station itself. Such factors will have an effect on the charging of any electric vehicle. You acknowledge and agree that we make no guarantee regarding the amount of time required to charge an electric vehicle using our Services.

6. PAYMENT FOR RECHARGING YOUR VEHICLE AT CHARGING STATIONS

Our electric vehicle charging service enables you to recharge your vehicle with electricity from the Network using the Charging Stations. To use this service you must:

You may pay for your use of our Charging Stations:

Approval of your request to purchase electricity from us is at our sole discretion. We may refuse to authorise a purchase if any of the following applies:

Your request will lapse if electricity does not start being dispensed from the selected Charging Station within a “time out period” that starts when the selected Charging Station’s display screen and/or lamps indicates it is ready to start charging and ends at a time determined by us, from time to time (the Time Out Period).

You may cancel your request for any reason up until the point at which you connect the charging cable to your vehicle at the selected Charging Station.

7. CONTACTLESS PAYMENT

When using our electric vehicle charging service at Charging Stations on the Network you may be able to use a contactless payment method to make payment. When we refer to a contactless payment card, we are referring to a debit card, credit card, prepaid card, charge card, sticker, smart phone, smart watch or other card or device that is used to transmit contactless payment information to or from a payment account (such as a credit card account, current account, electric money account or digital wallet).

Contactless payment cards are not currently accepted at all Charging Stations across our Network so you should make sure that you check whether they are accepted at the Charging Station you wish to use.

It is also your responsibility to check the price of our Services at the Charging Station before you begin charging your electric vehicle. Please see Paragraph 11 for information on pricing when using the Network.

To use a contactless payment card, you must touch it on the card reader at the selected Charging Station at the start and end of each time you use our electric vehicle charging service.

To pay the correct amount for the charge, you must always touch in and out using the same contactless payment card.

When you touch your contactless payment card on a card reader on the Charging Station, you are giving authorisation for the cost of your use of our Services to be charged to your payment account.

Before charging your electric vehicle, a pre-authorisation hold against your payment account will be made in accordance with Paragraph 9.

After you have finished charging your electric vehicle we will charge you for using our electric vehicle charging service. The amount charged to your payment account will be calculated based on the amount of electricity you have used and the applicable price for the Charging Station you have used, as well as any applicable additional fees. Please see Paragraph 11 for information on pricing when using the Network.

If you would like any further information about where you can use contactless payment cards on the Network or you experience any problems when using contactless payment cards, please contact us using Our Contact Details.

8. HOW OUR PAYMENT SERVICE PROVIDER WILL PROCESS YOUR CARD DETAILS

Your payment card details will be processed by us (including on our Portal or App) solely for the purpose of sharing these with our third party payment provider. Only the last four digits of your payment card details will be seen by our personnel or, where applicable for App users, the App Store or Google Play.

If you use an authorised debit or credit card to pay for Services (or add these details to your Account), such details are collected, stored and processed by our payment services provider (our Payment Services Provider), who processes your purchases.

9. WE MAY PLACE A HOLD ON YOUR PAYMENT CARD

For fraud prevention purposes, you authorise us (or our Payment Services Provider) to place a pre-authorisation hold against your credit card or against your bank account (for debit cards):

If a Pre-Authorisation Hold or a Pre-Purchase Hold is not granted by your bank or credit card provider for any reason, for example, if the relevant account does not have the funds necessary for the Pre-Authorisation Hold or the Pre-Purchase Hold, you will not be able to proceed with the purchase of electricity or card registration on your Account (as applicable).

Your bank or credit card provider should remove a Pre-Purchase Hold or Pre-Authorisation Hold promptly following the purchase of electricity or your payment card being added as a Registered Card (as applicable), although this could take two to three business days. Please contact your bank or credit card provider if you have any questions regarding the release of a Pre-Purchase Hold or Pre-Authorisation Hold.

Once your charging session has ended, the Pre-Purchase Hold will be adjusted to reflect the total cost of the purchased electricity and you will receive a transaction summary.

A Pre-Purchase Hold will be made each time you authorise payment using a payment card. In some cases, this may result in multiple Pre-Purchase Holds – for example, if you authorise a payment and this “times out” before you take your electricity, a Pre-Purchase Hold will have been taken against your payment card. If you then authorise another payment to purchase electricity, another Pre-Purchase Hold will be taken against your payment card. We will not be responsible if, by having multiple Pre-Purchase Holds, your bank declines a transaction due to insufficient funds.

10. USING A CHARGE CARD FOR PAYMENT

Your use of your Charge Card to purchase electricity will be in accordance with Section C of these Terms.

If you register your Charge Card for use with the Services, you must keep the physical Charge Card issued to you.

For charging sessions purchased using your Charge Card, a transaction summary will be available to view in your Account.

11. PRICE FOR CHARGING YOUR VEHICLE AND OTHER CHARGES

The price for our vehicle charging services may vary according to whether you use our vehicle charging services as a registered user and request and select vehicle charging services using the App and/or Portal (see Section B of these Terms) or as a Pay-As-You-Go User.

For Pay-As-You-Go Users, the price for our vehicle charging services will be:

When registered users request and select vehicle charging services using the App and/or Portal and pay using a Registered Card, the price for our charging services will be the price shown in the App and/or the Portal at the time the charging session starts. For registered users, or Pay-As-You-Go Users who pay via the App or Portal, any pricing that appears on the Charging Station is not relevant to use of our Services – the price for using our charging services on the Network, including use of Third Party Charging Stations, will be the price listed on the App and/or the Portal.

Please note that prices shown on Charging Stations and/or displayed in the App and/or the Portal will change from time to time and from Charging Station to Charging Station without prior notice.

If the price is not clearly shown on a Charging Stations and/or in the App and/or the Portal, or if you require any help with applicable pricing, please do contact us using Our Contact Details and we will be happy to help.

We may charge you a fee if your vehicle occupies a Charging Station when the vehicle is not being charged. Details of applicable charges and when these may be charged will be shown on the Charging Station and will be listed in the App and/or the Portal.

All prices shown on Charging Stations and quoted on our App and/or the Portal are inclusive of VAT.

12. IF YOU ENCOUNTER AN ISSUE with the Services

If a defect with Services or any Charging Station comes to your attention, you should contact us as soon as possible to allow us a reasonable opportunity to repair or fix the defect.

Where you are using a Third Party Charging Station you may also be required to contact the third-party provider of that charging station.

You acknowledge that we do not guarantee the working order or suitability of any Charging Station and/or our Services at any given time (including the suitability of any Charging Station and/or our Services for your vehicle). Due to the nature of electrical charging services, we cannot guarantee a continuous, fault-free service. Charging Stations may be impaired by too many users trying to use a particular Charging Station within any period of time, electrical faults, and other factors or conditions. The Charging Stations may fail or require maintenance without notice.

13. HOW WE USE YOUR PERSONAL INFORMATION

When you use our Services, we will process your personal information. Our Privacy Policy sets out the ways in which we will collect, store and process data relating to your use of our Services (including the App, the Portal, and the Charge Card) and include details of your rights to access and request correction of any of your personal information that we hold. Please read the Privacy Policy carefully – https://uk.mer.eco/privacy/ and contact us using Our Contact Details if you have any questions on how we process your personal data or how to exercise your rights in connection with this.

14. INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of intellectual property rights used in connection with the Services, and certain other brands and trademarks (IPR).

We grant you a revocable right to use the IPR for your personal (non-commercial) use in accordance with these Terms. No title or any intellectual property rights are transferred to you.

You must not copy, reproduce, republish, upload, broadcast, post, transmit or distribute or otherwise deal with the IPR (or permit others to do the same) except as expressly permitted by

these Terms. Permission in writing for all other uses of the IPR must be obtained from us in advance.

You understand that you have no rights to or in the IPR property except as indicated in these Terms

15. CHANGES TO THESE TERMS

We may amend these Terms from time to time and will notify you of any changes by publishing an updated version in the App, the Portal and/or the Website. We will provide you with no less than 14 days notice of any changes unless we reasonably believe that the change is not to your disadvantage, in which case we may give you less notice. Please check the terms published in the App, the Portal and/or the Website periodically for changes.

Examples of reasons why we would need to make changes to these Terms include:

Your continued use of the Services, the App, the Portal and/or the Charge Card will confirm your acceptance of the updated Terms. If you do not accept the updated Terms you may not be permitted to continue to use our Services.

As these Terms have no fixed end date, we may from time to time need to make changes for reasons not set out here. As long as you can end your agreement to these Terms without charge, we may make changes to these Terms for reasons that are not set out here.

If you want to end your agreement to these Terms because of one of the changes we make, you can do this without charge by contacting us using Our Contact Details.

16. YOU MUST COMPLY WITH ADDITIONAL TERMS AND INSTRUCTIONS

You must comply with any additional terms and conditions, or instructions from us, brought to your attention at the Charging Station, on the App, the Portal, the Website and/or by us or one of our customer service team.

You must also comply with all applicable laws when using the App, the Portal, the Charge Card and/or the Services.

17. EVENTS OUTSIDE OUR CONTROL

If we don’t meet our obligations under this agreement due to events outside of our control – such as failure of a Charging Station (including a communications failure, any failure of electricity supply to the Charging Stations, or events arising from the actions of the third party owner, operator, or electricity supplier), industrial disputes or because we have to comply with a relevant law – we won’t be responsible for any losses and costs caused to you.

Where such an event affects our performance of the Services to you, we will restart the Services as soon as reasonably possible after the event is over.

18. YOUR RIGHTS AS A CONSUMER

If you are a consumer, you have legal rights in relation to the Services. We must ensure that:

If we do not provide the Services in the way set out above and you are a consumer, you have legal rights in relation to the Services. Should you have any questions about these Terms or our Services, please contact us using Our Contact Details. You may have the right to ask us to repeat or fix the Services or for a price reduction or a refund.

19. OUR LIABILITY TO YOU

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

Our Services have not been developed to meet your individual requirements, and it is your responsibility to ensure that they meet your requirements.

To the maximum extent permitted by law, all warranties and conditions whether express, implied or statutory with respect to the provision of the Services are excluded.

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we will not be legally responsible for any loss or damage you suffer arising from:

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your registration or application process (as applicable).

The paragraphs above set out our liability when supplying the Services for domestic/personal use. In the event that you use the Services for commercial or business purposes then, in addition to those paragraphs:

· our aggregate liability to you under these Terms shall not exceed fifty pounds (£50.00); and

· we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.

20. YOUR LIABILITY TO US

You will be responsible to us for any loss or damage suffered by us as a result of:

21. WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE

You agree that we may transfer our rights and obligations under these Terms to another organisation. We will always notify you if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may transfer your rights and obligations under these Terms with our prior written agreement. We may not agree to a proposed transfer without reasonable evidence that our rights and obligations under these Terms will not be affected.

22. NO RIGHTS FOR THIRD PARTIES

These Terms form a contract between you and us and these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for third parties to enforce any of these Terms.

23. IF A COURT FINDS PART OF THESE TERMS 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, that provision will be limited or removed to the minimum extent necessary and the remaining paragraphs will remain in full force and effect.

24. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM 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 these Terms, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

25. THESE TERMS ARE GOVERNED BY THE LAWS OF ENGLAND

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.

The English courts will have jurisdiction over any claim arising from, or related to, these Terms or any aspect relating to the Services. If you are a consumer and you live in Scotland you can bring legal proceedings in respect of the Terms in either the Scottish or the English courts. If you are a consumer and you live in Northern Ireland you can bring legal proceedings in respect of the Terms in either the Northern Irish or the English courts. In addition, please note if you are a consumer that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

SECTION B – ACCOUNT REGISTRATION TERMS

By registering as a customer with us you agree that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, you must not access, or must stop accessing, the App, the Portal and the related Services.

You may complete registration and create an Account using the App or the Portal. If you require further assistance completing registration, please contact us using Our Contact Details.

You must not register or access and use the App and/or the Portal:

  1. USING THE APP, THE PORTAL AND THE SERVICES

To use the App or the Portal, you must have an internet-enabled, eligible device which is connected to the internet and uses a software version that supports the App or the Portal. Please see our Website for relevant technical details.

You may incur and are solely responsible for charges from your broadband or mobile phone network operator for downloading and using the App, using the Portal and/or using the Services.

The App, the Portal and the Website use cookies. Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. For more information about what cookies we use, how we use them, and also how we process information about you please see our Cookies Policy – https://uk.mer.eco/privacy/.

When you use the App, the Portal or the Website we will collect data including, but not limited to, your geographic location, your device’s type, unique ID, IP address, charging session start and stop times, network status and information about the way you use the App, the Portal and/or the Website. For more details about our approach to processing personal; data and data security, please see our Privacy Policy – https://uk.mer.eco/privacy/.

2. SERVICES AVAILABLE USING YOUR ACCOUNT

Our Services available using your Account include:

We may expand the Services that we offer to you using your Account in the future, for example by introducing new functionality to the App and/or the Portal.

3. CHARGING STATION FINDER SERVICE

On the App and the Portal users can use the Charging Station Finder Service.

The Charging Station Finder Service uses the location services provided by your mobile device’s native operating system for the purposes of helping you locate a Charging Station. To use the Charging Station Finder Service you must consent to us (and/or any third party service provider of the location and map services embedded in the App and the Portal) accessing information about your current location. You can do this by enabling location services through the permission system used by your mobile device’s native operating system.

Although we will try to make sure that the information made available via the Charging Station Finder Service is accurate, neither we and/or any third party service provider guarantees that the information displayed through the Charging Station Finder Service is correct or up to date.

4. ELECTRIC VEHICLE CHARGING SERVICE

Our Electric Vehicle Charging Service enables you to recharge your vehicle with electricity using the Charging Stations.

5. PAY FOR ELECTRICITY SERVICE

The Pay for Electricity Service enables you to use the App or the Portal to facilitate payment for electricity that you take from a Charging Station. You may set your payment preferences within the ‘Account’ section in your Account. You can add, update or delete these payment methods at any time.

You can use the Pay for Electricity Service to request to purchase and authorise payment for electricity from us, from the socket or charging point at a Charging Station that you select via the App or the Portal to take your electricity from your selected Charging Station (the Selected Charging Station).

It is your responsibility to ensure that, when you use the Pay for Electricity Service, you select the correct Charging Station (and the correct socket or charging point, if there is more than one at your Selected Charging Station) that you intend to take your electricity from via the App or the Portal.

If:

then you may be charged for any electricity dispensed through the Selected Charging Station. If you authorised payment using your Registered Card, a Pre-Authorisation Hold may also apply. If this happens, you should end the session at the Selected Charging Station as soon as possible and contact us using Our Contact Details.

When your transaction is complete a transaction summary will appear in your Account. This summary is not a receipt. For payments made using a Registered Card, we will email a VAT receipt to the email address that you provided when you registered your Registered Card.

6. NOT ALL CARDS CAN BE REGISTERED FOR PAYMENT

Your preferred debit or credit card may not be eligible for the Pay for Electricity Service as a method of payment. You can check whether your debit or credit card is eligible by attempting to load it as a Registered Card in the ‘Account’ section of your Account. If your preferred debit or credit card is not eligible you will receive an error message stating that your chosen card is not supported.

You will not be able to use a Registered Card for the Pay for Electricity Service if it has expired or has been reported lost or stolen by your bank or is no longer eligible for use in the Pay for Electricity Service for any reason. You will be notified in your Account if a Registered Card is no longer able to be used.

7. CHARGES AND PAYMENT

You agree to pay us for your use of our Services and any electricity used or consumed by connecting an electric vehicle to our Network.

We will charge your Registered Card each calendar month, or sooner if required, to bill you in arrears for any electricity purchased by you through the App, the Portal and/or Charge Card in such period.

Each bill that we send you will detail your usage of the Services and the charges for using the Services in the relevant period.

You must pay us the full amount that appears on your bill using the Registered Card on your Account by the relevant bill date. You must pay us in Sterling.

You need to get in touch with us straight away if you think that we have made a mistake on your bill (using Our Contact Details).

If we discover an error on your bill, we will reissue the relevant bill, with the correct amounts, as soon as reasonably practicable.

8. WHAT HAPPENS IF YOU DO NOT PAY YOUR BILL ON TIME

If you do not pay your bill in full by the relevant bill due date we have the right to:

We may also charge you a late payment fee for our reasonable administration costs which result from your late or non-payment. These costs may include third-party costs for the enforcement of payment or other obligations.

We will give you notice when you are late paying your bill. Details of any fees added to your account will be notified to you.

If you think you are likely to struggle to pay a bill, please get in touch with us as soon as you can using Our Contact Details.

Not paying a bill in full by the date due could lead to legal action or insolvency proceedings such as bankruptcy (although we rarely need to take these actions).

We may also sell your debt on to another organisation.

9. ACCEPTABLE USE RESTRICTIONS

You must not:

10. HOW WE KEEP YOUR DATA SECURE

We will enforce or implement any security measures we consider appropriate for the App, the Portal and/or the Website and may update and add security measures to the App, the Portal and/or the Website at our discretion.

Security of your use of the App, the Portal and/or the Website is important to us. We will take reasonable steps in accordance with applicable laws to prevent any bugs, viruses, trojans, or the like from affecting the App, the Portal, the Website and/or the Services. However, we cannot

guarantee that the App, the Portal and/or the Website will always be available, fault-free and secure or that it will be free from viruses or other harmful programmes.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App and/or the Portal may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

11. YOUR RESPONSIBILITY TO KEEP YOUR INFORMATION UP TO DATE AND SECURE

To use some of the Services from your Account, we will ask you for information including your name, email address and payment credentials. You must provide accurate and complete information in response to these questions and keep the information up to date.

If you use the Pay for Electricity Service (or any additional Services that we add to the App, the Portal and/or the Website that require additional security) you may be required to, or have the option to, create an additional passcode or password or use your mobile device’s touch ID functionality – for example, when you add a Registered Card for the Pay for Electricity Service. Please be aware that any fingerprint activated for touch ID on your mobile device will be taken to be valid and you are responsible for any purchases made using any fingerprints stored on your mobile device.

You are responsible for ensuring that:

We are under no obligation to check that any instruction or confirmation made by you through the App and/or the Portal is from you.

You must notify us immediately using Our Contact Details (Account Suspension Notification), if the security of your mobile device and/or your Account information is compromised due to:

You acknowledge that we will not have any obligation to notify your Registered Card issuer of fraudulent or unauthorised charge activity or to take any action on your behalf. However, we may 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 rights, property or safety of the App, the Portal, the Website, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

You will not be liable for any unauthorised transactions made from receipt of an Account Suspension Notification by us. We will not be liable for any transactions using your Account and/or your Charge Card until the receipt of an Account Suspension Notification by us. We are only liable for any loss or damage arising from your failure to keep your password and/or passcode (if applicable) secure in respect to any unauthorised transactions made following our receipt of an Account Suspension Notification from you.

12. INTELLECTUAL PROPERTY

The App, the Portal and/or the Website, including (without limitation) any material, software, code, files, content, and images contained in or generated by the App, the Portal and/or the Website, accompanying data, and other embedded software, including third-party software, the App, the Portal and/or the Website updates and upgrades, whether in read-only memory, on any other media, or in any other form (collectively, the Content), is owned by us and our licensors. Any third party marks displayed on the App, the Portal and/or the Website are owned by their respective owners. We may also use open source software code in the App, the Portal and/or the Website.

We grant you a revocable right to use the Content for your personal (non-commercial) use in accordance with these Terms. No title or any intellectual property rights are transferred to you.

You must not copy, reproduce, republish, upload, broadcast, post, transmit or distribute or otherwise deal with the Content (or permit others to do the same) except as expressly permitted by these Terms. Permission in writing for all other uses of Content must be obtained from us in advance.

You understand that you have no rights to or in the App, the Portal and/or the Website, the Content, or any other Mer property except as indicated in these Terms. We reserve all other rights with respect to our intellectual property.

13. THIRD PARTY TERMS

We may use third party applications, services and software in the App, the Portal and/or the Website (and, for the purposes of the Pay for Electricity Service, in Charging Stations), including, but not limited to, payment services, cloud computing services, identity management services, location and map services software, market analytics software, market intelligence software, and rewards program software, all of which may gather and report information about you in connection with your use of the App, the Portal and/or the Website (such as location information, device information and user content). It is your responsibility to ensure that you comply with any related third party terms as notified to you from time to time.

The App, the Portal and/or the Website may contain links to third-party websites (Third-Party Sites). Third-Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You need to make your own judgement about any Third-Party Sites, including the purchase and use of any products or services accessible through them.

14. CHANGES TO THE APP, THE PORTAL AND/OR THE WEBSITE

We may change the format, content and/or functionality of all or any part of the App, the Portal and/or the Website at any time without prior notice to you. If we need to undertake any maintenance activity, you may not be able to use all or part of the App, the Portal and/or the Website whilst we complete this activity and we will seek to minimise any time the App, the Portal and/or the Website is unavailable for use.

Updates to the App, the Portal and/or the Website may be issued from time to time. Depending on the update, you may not be able to use all or part of the App, the Portal and/or the Website until you have downloaded the latest version of the App or compatible browser software and accepted any new terms.

We are not required to provide any documentation, support, telephone assistance, or enhancements or updates to the App, the Portal and/or the Website.

We do not guarantee that you will be able to continue using the App, the Portal and/or the Website and we may discontinue the App, the Portal and/or the Website at any time at our sole discretion. We will provide you with reasonable notice of our discontinuation of the App, the Portal and/or the Website.

15. TERMINATION AND/OR SUSPENSION

These Terms have no fixed term. This means our agreement with you will continue until you or we decide to cancel your Account.

If you have broken these Terms we may take steps including:

We may also immediately suspend or end your access to your Account, the App, and/or the Portal, and if necessary terminate these Terms, if we reasonably believe that you have infringed any intellectual property in connection with the App, the Portal and/or the Website; there is a security risk to our network or systems; or you are in breach of another agreement with us.

You can delete the App on your mobile device at any time. Please note that deleting the App will not close your Account or delete your Account data. In order to cancel your Account and permanently delete your Account data you must request cancellation of your Account and permanent deletion by email through our email address described in Our Contact Details.

We can cancel your Account and will write to confirm this to you. Unless we are cancelling your Account for one of the reasons below, we’ll give you at least one month’s written notice. We may cancel your Account and require immediate repayment of your total outstanding balance for the reasons below:

and we will comply with any legal requirements before we take any of these steps.

16. WHAT HAPPENS WHEN YOUR ACCOUNT IS CANCELLED

These Terms have no fixed term. This means our agreement with you will continue until you or we decide to cancel your Account.

If you have broken these Terms we may take steps including:

We may also immediately suspend or end your access to your Account, the App, and/or the Portal, and if necessary terminate these Terms, if we reasonably believe that you have infringed any intellectual property in connection with the App, the Portal and/or the Website; there is a security risk to our network or systems; or you are in breach of another agreement with us.

You can delete the App on your mobile device at any time. Please note that deleting the App will not close your Account or delete your Account data. In order to cancel your Account and permanently delete your Account data you must request cancellation of your Account and permanent deletion by email through our email address described in Our Contact Details.

We can cancel your Account and will write to confirm this to you. Unless we are cancelling your Account for one of the reasons below, we’ll give you at least one month’s written notice. We may cancel your Account and require immediate repayment of your total outstanding balance for the reasons below:

and we will comply with any legal requirements before we take any of these steps.

17. OUR LIABILITY TO YOU

We are providing the App, the Portal and the Website to you ‘as is’ and ‘as available’ and we accept no responsibility for their usage, security, reliability, performance or any reliance placed on their content. The App, the Portal and the Website have not been developed to meet your individual requirements, and it is your responsibility to ensure that they meet your requirements.

To the maximum extent permitted by law, all warranties and conditions whether express, implied or statutory with respect to the App, the Portal and/or the Website are excluded. We do not warrant that any information, content or materials displayed on the App, the Portal and/or the Website are accurate, sufficient or error-free, nor that the information displayed on the App, the Portal and/or the Website is, when accessed by you, up-to-date or complete.

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we will not be legally responsible for any loss or damage you suffer arising from:

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the registration process.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation

18. YOUR LIABILITY TO US

You will be responsible to us for any loss or damage suffered by us as a result of:

SECTION C – CHARGE CARD TERMS

By submitting an Application to us for a Charge Card you agree that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, you must not submit an application for a Charge Card.

1. APPLYING FOR A CHARGE CARD

Customers with an Account may apply for our Charge Cards using the App and/or the Portal (an Application)

2. WE MAY CARRY OUT A CREDIT CHECK ON YOU

By submitting your Application you are agreeing that we may conduct a credit check on you.

We may refuse your Application based on the information that you provide to us with your Application, including on the basis of the results of a credit check on you.

3. ACCEPTANCE OF AN APPLICATION

If your Application is accepted by us, we will issue a Charge Card to you by post using the address details provided by you.

4. YOU MUST ACTIVATE YOUR CARD

When you receive your Charge Card, we may ask you to activate it prior to using it to pay for Services. We will tell you how to activate your Charge Card and the instructions will come with your Charge Card.

5. YOU MAY ONLY USE CHARGE CARDS IN OUR NETWORK

Any Charge Card issued by us may only be used at Charging Stations in our Network.

The electricity consumed by you when you use our charging services will be recorded by us and your Account updated accordingly.

6. WE MAY SUSPEND YOUR ACCESS TO YOUR CHARGE CARD

We may block or suspend your account including your Charge Card if we suspect any of the following:

7. HOW TO REQUEST A REPLACEMENT CARD

Should you require a replacement Charge Card, please order this via the App or the Portal or contact us using Our Contact Details. Replacement cards will be subject to terms applicable at the time of your request.

8. APPLICATION FEE

We may charge you an application fee for your Charge Card. Any applicable fees will be indicated on the order pages when you place your Application.

Application fees must be paid before we dispatch your Charge Card to you.

9. MULTIPLE USERS

Where you request multiple charge cards or tags on your Account, each charge card and/or tag will be considered to be the Charge Card for your Account under these Terms and you will be liable for each use of the Charge Card accordingly.

You can cancel a Charge Card by writing to us using Our Contact Details and we can cancel your Charge Card and will write to confirm this to you. Please note that cancelling the Charge Card will not close your Account or delete your Account data.

In order to cancel your Account and permanently delete your Account data you must request cancellation of your Account – see Paragraph 15 of Section B of these Terms for details of how.

10. IF YOU HAVE ANY QUESTIONS OR WISH TO MAKE A COMPLAINT

If you have any questions regarding these Terms or in the event you consider that we have failed to satisfy our obligations under these Terms, please notify us using Our Contact Details.

 

These Terms were last updated in April 2021.