Clenergy EV Terms and Conditions
1 INTRODUCTION
1.1 Thank you for registering and setting up your account for Clenergy EV, a service giving you pay as you go access to the Clenergy EV electric vehicle charging points as provided by Clenergy EV (us or our).
1.2 The terms and conditions set out or referred to below (the Terms) apply to the services provided on the Clenergy EV website (https://clenergy.online) (Clenergy EV Website) and through the Clenergy EV smart phone application (Clenergy EV App) now and in the future for use worldwide, including the provision of access to use charging points on the Clenergy EV Network for the purpose of, inter alia, charging an electric vehicle (Services). Before using the Clenergy EV Website or the Clenergy EV App and the Services, you should read these Terms carefully. They contain important information about the steps you must take to keep your account secure, restrictions on using the Services, how we or you can end the Services and our limitations on our liability to you. If you do not agree to these Terms, you must not access, or must stop accessing, the Clenergy EV Website and the Clenergy EV App.
1.3 If you have any questions about these Terms, or wish to notify us of any of the matters referred to in these terms, please contact Clenergy EV support by email on info@clenergy-ev.com or by phone on 03330 129095 during normal working hours.
1.4 The Services currently include:
1.4.1 Clenergy EV access (see clause 4 below);
1.4.2 Live Map and List Points (see clause 5 below);
1.4.3 Account and billing services.
1.5 Use of the Services is subject to our approval, at our discretion, and may only be available to eligible customers.
1.6 We plan to expand on the Services that we can offer to you and we will notify you of new functionality once it becomes available and tell you how to use it.
1.7 As detailed below, the Terms incorporate our Privacy Statement, Clenergy EV and third party terms and conditions referred to below and updates made to the Terms in the future (see clause 12 below).
2 SETTING UP AND USING YOUR ACCOUNT
2.1 To use the Clenergy EV Services, you must:
2.1.1 create a Clenergy EV user account (Account) on the Clenergy EV Website or Clenergy EV App to allow you to access the Services; and
2.1.2 have an internet-enabled, eligible mobile device which is connected to the internet and uses a software version that supports the Clenergy EV App.
2.2 You must ensure that all information that you provide when you create an Account and use the Clenergy EV Website or Clenergy EV App is accurate, up to date and not misleading.
2.3 You may incur and are solely responsible for charges from your mobile phone network operator for downloading and using the Clenergy EV App and the Services.
3 KEEPING YOUR ACCOUNT FOR CLENERGY EV SECURE
3.1 When you set up your Account, you will be required to create an Account password. We will ask you for your name, email address, phone number and payment credentials and you must provide accurate and complete information in response to these questions.
3.2 If you add details of your payment credentials into the Clenergy EV App, such details are collected, stored and processed on our behalf by a third party company, which is an FCA authorised payment services provider and is subject to data privacy measures.
3.3 You are responsible for ensuring that:
3.3.1 you are the only person that uses your Account – you must not authorise anyone else to use your Account;
3.3.2 you only log onto the Clenergy EV Website or Clenergy EV App on one device at any time;
3.3.3 your password, or passcode are kept secure – for example, you must not tell anyone else your password, or passcode and your password, or passcode must not be kept as a written or electronic record with or on your mobile device; and
3.3.4 your Account information is updated if your details change. Clenergy EV is under no obligation to check that any instruction or confirmation made through your Account is from you and Clenergy EV is not liable for any loss or damage arising from your failure to keep your password and passcode secure.
3.4 You must notify Clenergy EV as soon as possible, and request deletion of your Clenergy EV profile (Deletion Request), if the security of your Account is compromised due to:
3.4.1 your mobile device being lost or stolen;
3.4.2 your password and/or passcode becoming or likely to become known by another person; and/or
3.4.3 unauthorised access to your Account.
3.4.4 You can confirm that notification by email to Clenergy EV via info@clenergy-ev.com.
3.4.5 You acknowledge that Clenergy EV will not have any obligation to notify your bank of fraudulent or unauthorised charge activity or to take any action on your behalf.
3.5 Clenergy EV may enforce or implement any security measures it deems appropriate for the Clenergy EV Website or Clenergy EV App at any time and may update and add security measures to the Clenergy EV Website or Clenergy EV App at its discretion at any time.
3.6 Security of your Account is important to Clenergy EV. However, Clenergy EV cannot guarantee that the Clenergy EV Website or Clenergy EV App will always be available, fault-free and secure or that it will be free from viruses or other harmful programmes. You acknowledge that you are aware of, and accept this risk,including, without limitation, the risk that a third party may gain access to your Account which contains personal and confidential information.
4 CLENERGY EV
4.1.1 By registering to use Clenergy EV, you will have access to charge your plug-in electric vehicle on all public charging points registered to the Clenergy EV as displayed on the Clenergy EV Website and the Clenergy EV App.
4.1.2 Clenergy EV does not guarantee the performance nor continuous availability of charging points on the Clenergy EV Network. Although problems are rare, like all public services, from time to time they do happen. Service from charging points on the Clenergy EV can be interrupted for a number of reasons including cellular telecommunications issues, grid connection and other electrical issues as well as other matters that are not within Clenergy EV’s control. We try to resolve issues on the Clenergy EV Network as soon as possible after becoming aware of them.
4.1.3 Whilst Clenergy EV strives to provide the most accurate information possible through the Clenergy EV Website and the Clenergy EV App, including through the Live Map and the List Points, we cannot guarantee the accuracy of the information provided through these platforms as it can be affected by telecommunications issues, grid faults or other matters that are not within Clenergy EV’s control. The Live Map displays information about each charging point that is received on an intermittent basis by cellular communications provided by a third party. Neither Clenergy EV nor any third-party service provider guarantees that the information displayed through the Live Map or List Points is correct or up to date.
4.1.4 The cost of electricity supplied to you through charging points on the Clenergy EV Network is clearly expressed on the Clenergy EV Website and in the Clenergy EV App. Please refer to the Live Map or the List Points on the Clenergy EV Website or Clenergy EV App to check the tariffs for individual charging points.
4.1.5 If the credit on your Account falls below £5, you will be required to top up your credit before you can begin to charge your vehicle.
4.1.6 All payments made through the Clenergy EV App and all credit added to your Account is non-refundable unless a refund request is made to the customer services team within 14 days of the initial purchase and provided that you have not used Clenergy EV.
4.1.7 You agree that you will use all charging points safely and with reasonable care and skill.
4.2 Restrictions of use
4.2.1 You agree that you will not use the Clenergy EV App while you are driving.
5 LIVE MAP AND LIST POINTS TERMS OF USE
5.1 The Live Map and List Points uses the location services provided by your mobile device’s native operating system for the purposes of helping you locate a charging point site. To use the Live Map and List Points, you should consent to Clenergy EV and/or the third-party service provider, who is providing the location and map services embedded in the Clenergy EV Website or Clenergy EV App, accessing information about your current location by enabling location services through the permission system used by your computer or mobile device’s native operating system.
6 PERSONAL INFORMATION
6.1 Our Privacy Statement sets out the ways in which we will collect, store and process data (including for marketing purposes) relating to your use of the Clenergy EV Website and the Clenergy EV App covers your rights to access and request correction of any of your personal information that we hold. Please read the Privacy Statement carefully.
7 INTELLECTUAL PROPERTY
7.1 Clenergy EV owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the Clenergy EV Website or Clenergy EV App and the provision of the Services. All rights of ownership over and in respect of the Clenergy EV Website or the Clenergy EV App (other than the right to use the Clenergy EV Website or the Clenergy EV App in accordance with these Terms), will remain solely with Clenergy EV and/or its licensors (as the case may be).
7.2 Any use of the Clenergy EV Website or the Clenergy EV App in any manner not permitted under these Terms, including without limitation, resale, transfer, modification, or distribution of all or part of the Clenergy EV Website or the Clenergy EV App is prohibited.
7.3 Clenergy EV is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the Clenergy EV Website or the Clenergy EV App.
8 THIRD PARTY TERMS
8.1 Clenergy EV may use third party applications, services and software in the Clenergy EV Website or the Clenergy EV App, including, but not limited to, payment 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 Clenergy EV Website or the Clenergy EV App (such as location information, device information and user content).
8.2 When you use the Clenergy EV Website or the Clenergy EV App, you are agreeing to Clenergy EV’s use of such third-party software and services. You are also agreeing to any applicable terms of use, licenses, or privacy policies related to such third-party software and services. It is your responsibility to ensure that you comply with any related third party terms, including the third party privacy policies notified to you in our Privacy Statement, and that you are aware of any third party privacy policies that may apply to you, in conjunction with these Terms.
9 TERMINATION
9.1 In order to request the deletion of your Clenergy EV profile data and/or Account, you must contact Clenergy EV by email to info@clenergy-ev.com to request that Clenergy EV deletes your Clenergy EV profile data and/or Account. Our customer services team will not be able to delete your profile data/Account so your request will be passed to our data team. Upon cancellation of your Account by our data team, Clenergy EV must keep some information to comply with legal and financial regulations.
9.2 Clenergy EV reserves the right to suspend or immediately cancel your access to the Clenergy EV Network, any of the Services, any functionality of the Clenergy EV Website or the Clenergy EV App, or your specific Account, with or without cause or notice, at any time.
9.3 Where Clenergy EV suspends or cancels your Account as a result of you breaching these Terms, you will not be permitted to create a new account to circumvent the suspension or cancellation.
9.4 From the date of suspension or cancellation of your Account, you shall not be able to access the Clenergy EV for the purposes of charging your electric vehicle.
9.5 If you sign up to a Polar Plus membership, existing credit from your Clenergy EV Account can be transferred to your new Polar Plus account.
9.6 All provisions of the Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, indemnities and limitations of liability.
10 CHANGES TO THE CLENERGY EV WEBSITE OR CLENERGY EV APP
10.1 Clenergy EV may change the format, content and/or functionality of all or any part of the Clenergy EV Website or the Clenergy EV App at any time. If Clenergy EV needs to undertake any maintenance activity, you may not be able to use all or part of the Clenergy EV Website or the Clenergy EV App whilst Clenergy EV completes this activity but Clenergy EV will seek to minimise any time the Clenergy EV Website or the Clenergy EV App is unavailable for use.
10.2 Updates to the Clenergy EV App may be issued from time to time. Depending on the update, you may not be able to use all or part of the Clenergy EV App until you have downloaded the latest version of the Clenergy EV App and accepted any new terms or downloaded and updated your phone’s software or operating system. If your phone is unable to update to the operating system required for the new version of the Clenergy EV App, you may no longer be able to use the Clenergy EV App.
11 LIABILITY
11.1 Clenergy EV is providing the Services and the Clenergy EV Website or the Clenergy EV App to you ‘as is’ and you are using this Clenergy EV App at your own risk. To the extent permitted by law, all warranties and conditions whether express, implied or statutory with respect to the Services and the Clenergy EV Website or the Clenergy EV App are excluded.
11.2 Clenergy EV shall not be held liable for any consequential loss or damage, including, without limitation loss of profits, loss of income and loss of turnover, arising from or relating to the performance of its obligations with respect to the Services, the Clenergy EV Website or the Clenergy EV App.
11.3 To the extent permitted by law, in no event will Clenergy EV, nor its directors, employees, agents, partners or any other party involved in creating, producing or delivering the Services, the Clenergy EV Website or the Clenergy EV App (Representatives), be liable under contract, tort (including negligence) or otherwise under or in connection with these Terms and/or your use of or inability to use the Clenergy EV Network, Clenergy EV Website or the Clenergy EV App or any of the Services. This applies, without limitation, to any loss or damage which you, may suffer as a result of or in connection with:
11.3.1 any failure or defect of, or damage caused by, any charging point on the Clenergy EV Network;
11.3.2 any changes to the number or locations of charging points on the Clenergy EV Network;
11.3.3 third party damage to charging points, vehicles or any other third-party property;
11.3.4 any out of date or incorrect information displayed on the Clenergy EV Website or the Clenergy EV App;
11.3.5 any third-party software and services embedded in the Clenergy EV Website or the Clenergy EV App, including payments services (see clause 7 above);
11.3.6 any bugs, viruses, trojans, or the like (regardless of the source of origination);
11.3.7 the actions or inactions of other Clenergy EV Website or the Clenergy EV App users;
11.3.8 suspension or loss of access to the Clenergy EV Website or the Clenergy EV App or any functionality;
11.3.9 unauthorised use or misuse of your Account for any reason where Clenergy EV has not received written notice of deletion in accordance with clause 3.4;
11.4 Nothing in these Terms shall limit or exclude Clenergy EV’s liability for death or personal injury caused by Clenergy EV’s negligence or for fraud or fraudulent misrepresentation.
11.5 You will be responsible to Clenergy EV for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against Clenergy EV by any other person as a result of your use of the Clenergy EV Network, any unauthorised access to your Account and/or your use of the Clenergy EV Website or the Clenergy EV App in breach of these Terms or any third party terms (see clause 7 above).
11.6 You acknowledge that the Clenergy EV Website or the Clenergy EV App is provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.
12 CHANGES TO THESE TERMS
12.1 Subject to the remainder of this clause, Clenergy EV may amend these Terms from time to time by publishing an updated version on the Clenergy EV Website and in the Clenergy EV App. Please check the terms published on the Clenergy EV Website and in the Clenergy EV App periodically for changes. Your continued use of the Clenergy EV Website or the Clenergy EV App following publication of updated Terms confirms your acceptance of the updated Terms.
12.2 The changes Clenergy EV can make to these Terms, without your authorisation, are limited to changes:
12.2.1 to reflect updates to the functionality, security, options and Services available on the Clenergy EV Website or the Clenergy EV App;
12.2.2 to reflect third party terms and conditions that apply to Clenergy EV and/or the Clenergy EV Website or the Clenergy EV App;
12.2.3 that are generally beneficial to, or do not have any adverse impact on, users of the Services, the Clenergy EV Website or the Clenergy EV App; and/or
12.2.4 that are required to reflect changes to applicable law.
12.3 Clenergy EV will request your confirmation, via the Clenergy EV Website or the Clenergy EV App, that you agree to the updated Terms if the updated Terms incorporate any other changes not listed above. Your continued use of the Clenergy EV Website and the Clenergy EV App will be subject to your confirmation that you agree to the updated Terms.
13 GENERAL
13.1 You must comply with any additional terms and conditions, or instructions from Clenergy EV, brought to your attention in the Clenergy EV Website or the Clenergy EV App, when you are setting up your Account or using the Clenergy EV Website or the Clenergy EV App.
13.2 You agree that:
13.2.1 you will not assign or otherwise transfer your Account;
13.2.2 you will not use the Clenergy EV Network, Clenergy EV Website or the Clenergy EV App for any unlawful purpose, in any way that interrupts, impairs, damages the Clenergy EV Network, Clenergy EV Website or the Clenergy EV App or renders each less efficient, or to transfer files that contain viruses, trojans or other harmful programmes, to access or attempt to access the accounts of other Clenergy EV account holders or to penetrate or attempt to penetrate any security measures;
13.2.3 you will not do anything Clenergy EV reasonably considers to be disreputable or capable of damaging its reputation, the Clenergy EV Network, Clenergy EV Website or the Clenergy EV App or the Services; and
13.2.4 you will comply with all applicable laws.
13.3 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of Clenergy EV to exercise any right shall not be deemed a waiver of that right or any other rights that Clenergy EV may have.
13.4 If you live in England when you agree to these Terms, these Terms will be governed by and construed in accordance with English law. Your local courts (i.e. English courts if you live in England and Scottish courts if you live in Scotland) will have jurisdiction to hear any disputes or claims (including non-contractual disputes or claims arising out of or in connection with these Terms or its subject matter or formation.
13.5 These Terms were updated on 12th September 2019.