Terms & Conditions

1. About us

1.1 Parkingeye Limited trading as Evology is a company registered in England and Wales with company number 05134454 whose registered office address is at 40 Eaton Avenue, Buckshaw Village, Chorley, Lancashire, PR7 7NA and is a specialist provider of Electric Vehicle Charging Services (“Evology”, “we”, “our” and “us”).

1.2 These terms and conditions for guest vehicle charging (“Terms & Conditions”) apply to all customers that use the Charge Points on a “pay as you go” ad-hoc basis as individual consumers and not as a member of any particular organisation, group or business (hereinafter, “you”).

1.3 If you wish to contact us, please feel free to do so using the following contact details:

Email: [EMAIL ADDRESS]

Telephone: [TELEPHONE NUMBER]

 

2. Status of these Terms & Conditions

2.1 We are prepared to let you use the Electric Vehicle Charging Services subject to, and in accordance with, these Terms & Conditions to the exclusion of any other terms and conditions.

2.2 These Terms & Conditions set out the rights and obligations between you and us when you make use of the Electric Vehicle Charging Services. It is therefore very important that you read through them carefully. If you do not agree with any part of them, you must immediately stop using the Electric Vehicle Charging Services.

2.3 When you make use of the Electric Vehicle Charging Services, you will be deemed to have accepted these Terms & Conditions to the exclusion of any other terms and conditions, and at that point a contractual agreement (the “Agreement”) will come into existence between you and us.

3. Your Obligations

You must:

3.1 provide us with such information as we may reasonably require in order to supply the Electric Vehicle Charging Services and ensure that it is accurate, up-to-date and complete;

3.2 co-operate with us in all matters relating to the Electric Vehicle Charging Services;

3.3 ensure that your vehicle is road worthy, compliant with all applicable law as amended from time to time and ensure your vehicle is compatible for use with the Charge Point;

3.4 obtain and maintain all necessary licences, permissions and consents required for your vehicle and for you to lawfully operate your vehicle;

3.5 use the Charge Point and all other equipment located at the Designated Charging Bay safely and responsibly and in accordance with our instructions;

3.6 only park in a Designated Charging Bay for such time that you actually use the Charge Point to charge your vehicle and immediately remove your vehicle from the Designated Charging Bay as soon as you have finished charging;

3.7 comply with all parking restrictions applicable at Designated Charging Bays; and

3.8 ensure that you do not obstruct or unnecessarily delay others from using the Electric Vehicle Charging Services.

 

4. Indemnification

You must indemnify us and keep us indemnified to the extent permitted by law against i.e. pay us back for any costs, expenses, damages, penalties, claims, demands and liabilities which we suffer or incur out of, or in connection with, your failure to comply with clauses 3.3 to 3.5 of these Terms & Conditions.

 

5. Payment

5.1 In consideration for Evology providing the Electric Vehicle Charging Services to you, you shall pay the Charges to Evology using the Card Payment System which shall include:

5.1.1 any card payment fees and transaction fees; and

5.1.2 VAT which shall be separately itemised (where applicable).

5.2 The display on the Charge Point will let you know the value of the Charges when you have finished charging your vehicle.

5.3  Please note, once you have actioned payment, it can take up to 72 hours for the Charges to be withdrawn or to be reflected as withdrawn, from your credit or debit account.

5.4  If you require a VAT receipt, please email [EMAIL ADDRESS] and let us know ensuring you provide us with your email address, vehicle registration number, the last 4 digits of the payment card you used to make payment, the date that you charged your vehicle, the approximate start time and end time that you charged and the cost of charging.

 

6. Quality and availability

6.1 Subject to the remaining provisions of this clause 6 and clause 8, we warrant that the Electric Vehicle Charging Services shall be performed with reasonable care and skill and in accordance with all applicable law.

6.2 The Electric Vehicle Charging Services are provided to you on an „as is“ basis for general use by all of our customers. We do not warrant that the Electric Vehicle Charging Services will meet your vehicle’s specific requirements or produce any particular result; it is your sole responsibility to check with your vehicle manufacturer as to whether or not your vehicle is compatible for use with the Charge Point.

6.3 Please note, we cannot guarantee that your use of the Electric Vehicle Charging Services will be uninterrupted or error-free. For example, if there is a power cut. You acknowledge and accept that our software may, from time to time, be subject to limitations, delays and other problems inherent in the use of such technology including but not limited to, Vulnerabilities and Viruses maliciously inflicted or otherwise.

6.4 We may also have to suspend the Electric Vehicle Charging Services to:

6.4.1 deal with technical problems or make minor technical changes;

6.4.2 update the Electric Vehicle Charging Services to reflect changes in relevant laws and regulatory requirements;

6.4.3 make changes to the Electric Vehicle Charging Services.

 

7. Intellectual property rights

7.1 You acknowledge and agree that we and / or our licensors own all Intellectual Property Rights in the Electric Vehicle Charging Services including without limitation, the Charge Point and Card Payment System. Save to the extent required to enable you to make use of the Electric Vehicle Charging Services, the Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered) or any other rights or licences in respect of the Electric Vehicle Charging Services.

7.2 Evology confirms that it has all the rights in relation to the Electric Vehicle Charging Services that are necessary to grant all the rights it purports to grant to you under, and in accordance with, the terms of the Agreement.

 

8. Limitation of liability

8.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so including for:

8.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

8.1.2 for fraud or fraudulent misrepresentation;

8.1.3 for breach of your legal rights in relation to the Electric Vehicle Charging Services including the right to receive Electric Vehicle Charging Services which are as described and in accordance with clause 6.1; or

8.1.4 to any other extent not permitted by law.

8.2 Except as expressly and specifically provided in these Terms & Conditions all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Agreement.

8.3 Subject to clause 8.1 and clause 8.2, we shall not be liable for any loss or damage to you that:

8.3.1 is not foreseeable;

8.3.2 is caused by you and not caused by us including but not limited to, due to:

a. your failure to abide by or fulfil your obligations under these Terms & Conditions;

b. your failure or inability to use the Charge Point correctly or follow our instructions including without limitation, in respect of connecting, disconnecting, undercharging or overcharging your vehicle; or

c. any errors or omissions in any information, instructions or documentation provided by you to us or any actions taken by us at your insistence or direction; or

8.3.3 is caused by any delay or failure to perform any of our obligations due to reasons outside of our control – if there is a risk of substantial delay you may cancel the Electric Vehicle Charging Services and only receive a refund for any Electric Vehicle Charging Services you have already paid for but not received.

 

9. Variations and waivers

9.1 Evology reserves the right to vary the terms of these Terms & Conditions at any time.

9.2 No relaxation, delay, forbearance or indulgence of Evology in exercising or enforcing nor any failure by Evology to exercise or enforce any rights conferred upon it by these Terms & Conditions shall be deemed a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

 

10. Contracts (Rights of Third Parties) Act 1999

A person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

 

11. Governing law and jurisdiction

The Agreement will be governed by, construed and interpreted in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

 

12. Insurance

Please note, we shall ensure public liability insurance cover remains in place during the term of the Agreement with a limit of at least £1 million in respect of any one claim.

 

13. Definitions and interpretation

The following definitions apply in these Terms & Conditions:

“Card Payment System”: means the point-of-sale payment machine installed at or in the Charge Point that is used by you to pay us by credit or debit card for Electric Vehicle Charging Services.

“Charge Point”: means the equipment with the capability and functionality to charge your vehicle’s battery with electricity.

“Charges”: means the charge incurred by you for making use of the Charge Point.

“Designated Charging Bay”: means the parking space allocated to you in order to enable you to park your vehicle and make use of the Electric Vehicle Charging Services.

“Electric Vehicle Charging Services”: means the provision of electricity supplied from our Charge Point with integrated Card Payment System situated in a Designated Charging Bay for the purposes of enabling you to charge your vehicle’s battery.

“Intellectual Property Rights”: means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“VAT”: means Value Added Tax.

“Virus”: means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

“Vulnerability”: means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability and “Vulnerabilities” shall be construed accordingly.