char.gy
Terms of Use

1. INTRODUCTION

These terms of use (“Terms”) govern your use of the char.gy services described below, and also your relationship with char.gy Limited (“we” or “us” or “char.gy”).

These Terms cover:

• (a) the electric vehicle charging services offered at our charging points;
• (b) any interaction you may have with us on our website;
• (c) any interaction you may have with us through our APIs (“apps”); or
• (d) any other electronic services which may be offered by us from time to time,

together, the “Services”

Please read these Terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not register as a user and/or please do not use the Services (or any part of the Services).

Please also see our Privacy Notice for information about how we collect and use your personal data.

2. ABOUT THE SERVICES

2.1. We provide an electric vehicle charging service which enables users to charge their electric vehicles at the charging points operated by char.gy. Please note that our charging service is not available when the charging point is not operated by char.gy.

2.2. By using the Service, you (“you”) agree to be bound by these Terms in full.

2.3. You are responsible for ensuring that all people who use the Service are aware of these Terms, and comply with them. We may permit more than one member of a household to use the Service for vehicles registered with us but it is your responsibility to ensure each person who uses the Service is aware of our Terms.

2.4. Furthermore, please ensure that any person using the Service is aware of the Safety Guidelines.

2.5. These Terms are for household and consumer use only. If you wish to use our Services (or any of them) on behalf of an enterprise, organisation or business (except as a sole trader), please contact us at hello@char.gy.

2.6. These Terms may be changed from time to time. Notification of any changes will be made by posting new terms to our website or within the app or notifying you by email.

2.7. Before you access the Services online we will ask you to accept our then-current Terms. At any time we update our Terms we will require you to accept the revised Terms on the next occasion that you log-in to use the Services (and we may (but are not obliged to) highlight what has changed). You may be unable to use the Services unless you have accepted our then-current Terms. We will keep a record of your acceptance of the Terms.

2.8. If you do not accept any varied Terms you may deactivate your account with us.

3. ACCOUNT SET UP AND REGISTRATION

3.1. In order to use our Service you need to either (a) register with us and set up an account, or (b) you can charge as a “guest” using Apple or Google Pay or (c) you can use our charge points through a third party app, such as Zapmap.

3.2. You must be 17 years of age or older. If we become aware that a person under 17 has sought to set up an account we will take steps to terminate the account unilaterally and are not obliged to provide any notice to that user. When terminating such an account we will comply with the applicable laws.

3.3. When you apply to set up an account with us we will ask for some of your personal information including your name, email address and phone number – without this information you cannot set up an account. In addition, to speed up how you can use our Service, you have the option to provide us with your billing address, postcode, your town/ city and credit card details. . Any personal information you provide to us will be handled in accordance with our Privacy Notice, which can be viewed here.

3.4. If you register to use the Service you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting hello@char.gy and change your password immediately. If you have forgotten your password, we will provide you with a link to create a new one.

3.5. If we have reason to believe that there is likely to be a breach of security or misuse of your account we may request or require that you change your registration details, including your password or we may suspend your account. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Service.

3.6. You agree that all information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.

3.7. We will charge your credit or debit card for use of the Service and for any other applicable charges or fees. If your credit or debit card expires you will need to update those details in your user account to be able to continue to use the Service in the same way.

3.8. If you choose to use the Service as a guest and/or pay via Apple or Google Pay, a pre-authorised amount (currently set at around £25 per charge but may change) will be secured on the payment card registered with Apple or Google Pay. Any amount not used will be calculated at the end of the charging session and refunded to you. Please note that whilst the refund is initiated immediately and automatically, it can take up to 10 business days to be reflected in your account. If your charging session exceeds the pre-authorised amount, a second pre-authorised amount will be secured on that payment card (and remainder refunded as set out above).

4. USE OF THE EV CHARGING SERVICES

4.1. We offer a pay-as-you-go charging service which is generally based on our cost of electricity at our then current standard rates, either metered or estimated in accordance with standard evaluation methodology The amount you charged for usage may vary depending on the time of day when the charging activity takes place, and the location. Please refer to our charging page for more information.

5. USING OUR CHARGING POINTS

5.1. Our charging points do not have a user interface. In order to use a char.gy charging point you will need to use our app or website.

5.2. When you arrive at a char.gy charging point, ensure you are safely parked and position your vehicle so that the charging cable will not present a trip hazard whilst charging your electric vehicle. The cable should be tucked down between the vehicle and the verge and should have enough slack to run along the ground. The cable should not be suspended between the charging point and the vehicle. If there is not a safe way to park and charge, do not charge. You may be responsible for any injuries caused by your cable being a trip hazard.

5.3. Do not access the app or website until you are parked safely.

5.4. It is your responsibility to ensure you abide by local parking restrictions, which may include

• (a) paying for parking whilst charging your electric vehicle,
• (b) not paying for parking whilst charging your electric vehicle but being required to pay once the charge has completed or
• (c) requiring a residents’ permit to park and charge your electric vehicle at a particular charging point.
• The parking restrictions are determined and enforced by the relevant local council which is also responsible for ensuring that signs clearly indicate what rules apply. Whilst char.gy makes an effort to provide information on the relevant charge point page (in our app or via our website) on the regulations that apply to that parking spot, the regulations are subject to change without us being notified. As such, please do not rely solely on the information provided in our app or on our website but rely on the local signage. We are not responsible for any parking or penalty notices, charges or fines you receive whilst using our charging points.

5.5. You will need to enter the unique code for the charging point (which is located at the brow of the charge point), you can also search for the charging point using our app or website or by scanning the QR code on the charging point (available on most of our charging points). The char.gy website or app will then guide you through the charging process.

5.6. In summary, you match the charging point in front of you with that charging point as shown on the app/ website, connect your charging cable to both of your vehicle and the charging point and then either register through your account or make payment via Apple Pay/ Google Pay.

5.7. The Service will notify you once your charge has completed. Either unlock the socket flap with the vehicle fob or click the button within the app/ website to end the charging session. Retrieve your cable by disconnecting it from the charging station and your vehicle.

5.8. Once your charge has completed we request that you remove your charging cable. If you leave your charging cable connected for more than 2 hours after the charge has completed then we reserve the right to apply an overstay charge, which overstay charge may apply from 8:00am – 22:00pm. Please see our website for details of our overstay charges.

6. SAFETY GUIDELINES

6.1. To ensure that the Service is used safely, please follow each of the below safety precautions:

• (a) any charging cable used to connect your electric vehicle to our charging point must be certified and not be damaged;
• (b) do not use any charging cable which is not approved by your electric vehicle manufacturer;
• (c) ensure that the charging cable does not present a trip hazard for passing pedestrians, cyclists, people on scooters or people out on the pavement with any pets. If you are concerned about the placement of the charging cable, do not charge your electric vehicle at this time;
• (d) if the charging point appears to be damaged please do not use it at this time. Kindly contact us immediately on 0800 0869 606 and advise us of the nature of the damage. Where possible we will attempt to rectify the issue remotely so that you can utilise that charging point; and
• (e) do not use the charging point to charge anything other than a certified electric vehicle which meets all applicable standards.

6.2. WARNING: Charging points may generate electro-magnetic fields which may be harmful to pacemaker wearers. If you have a pacemaker and are unsure about whether it is safe for you to use a charging point, please do not use the charging point at that time. If you have a pacemaker and you do use a charging point, maintain as much distance as possible from the charging point. If you feel uncomfortable at any time while using a charging point, please stop using that charging point immediately.

7. AVAILABILITY

7.1. Charging of electric vehicles is subject to availability. We make no promise that the Service will be available from any particular charging point at any particular time.

7.2. Charging a vehicle from a charging point may be subject to delays and interruptions resulting from power or communication failures. These failures are not within char.gy’s control. Please rest assured however, if your vehicle charging has been interrupted, you will only be charged for the electricity actually consumed.

7.3. From time to time a fault may occur for a given charging point and a charging point may be unavailable. If you become aware of a fault, please report the fault to hello@char.gy and we will attempt to correct the fault as soon as possible.

7.4. Your access to our App or website may occasionally be restricted or interrupted to allow for maintenance or the introduction of new facilities or services or for reasons beyond our control (such as a communication systems outage). We will endeavour for any updates to the App or maintenance to the website or services to take place during times when generally the Services are not widely used. In any event we will attempt to restore the App and/ or website as soon as possible. Any system maintenance or updates will not affect any vehicle charging that is ongoing at that time.

8. OUR LIABILITY

8.1. We will operate the Services with reasonable skill and care and we agree to provide the Services as described by us in these Terms as well as on our website and/or App.

8.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights.

8.3. Do not leave your charging cable disconnected or unlocked at any time. We do not accept any responsibility for the loss or theft of any charging cables. If you struggle to disconnect your charging cable from the charging point, please call our helpline.

8.4. We are not liable for any damage to your vehicle or other property which arises due to a fault with your vehicle or charging cable.

8.5. Other than any liability which we cannot exclude (as detailed above in clause 9.2), we will not be liable for any:

• (a) loss of revenue or profit;
• (b) loss of anticipated savings;
• (c) data loss;
• (d) lost opportunity;
• (e) lost bargain;
• (f) lost reputation;
• (g) loss which is of a type which we would not reasonably be aware of and which we were not made aware of; whether such loss or damage arises from breach of contract, our negligence, the negligence of our employees, agents, sub-contractors or otherwise, any tort other than negligence, breach of statutory duty or otherwise.

8.6. Our total liability including the liability of our employees, agents, sub-contractors in relation to the Service (except in relation to liability we cannot exclude as described in clause 9.2) is limited to £10,000.

9. YOUR OBLIGATIONS

9.1. You are responsible for ensuring that your electric vehicle and charging cable are safe to use and connect to our charging points. As we do not supply the charging cable we are not able to check it to verify that it is safe to use.

9.2. Do not leave your charging cable disconnected or unlocked at any time. This increases the risk of theft of or damage to the charging cable.

9.3. When connecting the charging cable to the charging point, ensure that it does not present a trip hazard or other risk or hazard on the side walk.

10. PERSONAL DATA

10.1. Please ensure that all information included in your registration is accurate, current and complete. If it is not so accurate, current or complete, we may suspend your user account.

10.2. All notices sent to you will be sent by email, SMS or via push notifications within the app or through the website. . By accepting these Terms you give your consent to receive communications from us via email, SMS or through the app.

10.2. We will manage and process your personal data in accordance with our Privacy Notice, which sets out how we collect and use your data and also provides information about your rights in relation to your personal data.

11. INTELLECTUAL PROPERTY

11.1. Our charging point technology may be subject to intellectual property rights and the format and content of the Service is protected by United Kingdom and international copyright and other intellectual property rights and we reserve all of our intellectual property rights.

11.2. We reserve all rights to the name ‘char.gy’ and any other trading style used in connection with the Service.

12. GENERAL

12.1. We may transfer our rights and obligations under these Terms to another organisation.

12.2. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.

12.3. Each of the sections/ clauses of these Terms operates separately. If any court or relevant authority decides that any section or clause is unlawful, the remaining sections and/or clauses will remain in full force and effect.

12.4. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.5. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. Please note that although these Terms are subject to English law, if you use our charge points outside of the UK, you may be entitled to rely on certain consumer protection laws in your country of residence.

12.6. If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

12.7. We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

13. CANCELLATION/ DEACTIVATION OF YOUR USER ACCOUNT

You have the right to deactivate your account at any time. Upon such deactivation, any personal details we have on you will be deleted. We retain only information on when a charging point has been used and that information is anonymised.

14. ENVIRONMENTAL ATTRIBUTES

Char.gy retains any and all environmental attributes associated with this charging service, including carbon offset credits potentially available from EV customers charging their vehicles at any location where char.gy owns, operates and maintains the charge point.

Version 1.2