1 General
These Terms of Service apply to Your registration for the Service, and Your use of the Website, Mobile App, Charge Point Map and Our EV Charging Network, and are valid from 23rd May 2023
1.1 By: 1.1.1 using the Website, Mobile App or Charge Point Map;
1.1.2 registering for and / or using the Service;
1.1.3 using the EV Charging Network via a service offered by a Third Party Service Provider; and/or
1.1.4 using the EV Charging Network on a pay-as-you-go basis, either via Our Website, Mobile App, by telephone or via Contactless Payment,
You:
1.1.5 are entering into and agree to be bound by these Terms of Service; and
1.1.6 agree that You have read, understood and agree to be bound by, the terms of the ESB Energy Data Privacy Notice.
1.2 If You have any questions about these Terms of Service, You can contact Us through Our Customer Care Team or through Our Website.
2 Definitions and interpretation
2.1 Definitions
In these Terms of Service, the following terms shall have the following meanings:
“Account” means any account held with Us in Your name for the purposes of the provision of the Service;
“Charge Point” means a piece of equipment capable of charging an EV and includes any Fast Charge Points, Rapid Charge Points, and Ultra Rapid Charge points;
“Charge Point Access Card” refers to a credit card sized RFID card which can be used to start / stop charging when presented to a Charge Point;
“Charge Point Equipment” means any equipment on or attached to a Charge Point unit, including cables, connectors, screens, holsters, buttons, card readers and casing;
“Charge Point Map” refers to an electronic map operated and maintained by Us, which is displayed on Our Website and in the Mobile App, and which shows Charge Points;
“Contactless Payment” means the process of paying for the use of a Charge Point, directly on the Charge Point or Charge Point Equipment using tap-to-pay contactless technology;
“Customer Care Team” refers to Our call centre customer service line, which is available by telephone on 0800 030 4893
“Data Protection Legislation” means the following legislation to the extent applicable from time to time: (a) national laws implementing the Directive on Privacy and Electronic Communications (2002/58/EC); (b) the General Data Protection Regulation (2016/679) and any national law issued under that Regulation; and (c) the UK GDPR, Data Protection Act 2018 and Privacy and Electronic Communications (EC Directive) Regulations 2003; and (d) any other similar national privacy law;
“ESB Energy”, “Our”, “Us” and “We” refer to ESB Innovation UK Limited, a limited liability company incorporated in England and Wales (with company number 10671339), whose registered office is Tricor Suite, 4th Floor, 50 Mark Lane, London, EC3R 7QR (with VAT number 100191283);
“ESB Energy Data Privacy Notice” means the ESB Energy data privacy notice which is published on Our Website here: https://www.esbenergy.co.uk/privacy and which is available on the Mobile App, as may be updated from time to time;
“EV” means an electric vehicle;
“EV Charging Network” refers to the network of Charge Points operated by Us, including Fast Charge Points, Rapid Charge Points and High Power Charge Points in the Territory;
“EV Charging Network” refers to the network of Charge Points operated by Us, including Fast/AC Charge Points, Rapid Charge Points, and Ultra Rapid Charge Points in the Territory;
“Fast/AC Charge Point” means a Charge Point capable of delivering an AC power output greater than 0 kW and up to 22kW;
“Minimum Term” means a fixed period of time, during which a price plan applies before it can be cancelled in accordance with these Terms of Service without penalty;
“Mobile App” means Our mobile application to use Our Service for Android and Apple devices;
“Overstay”, If You are using a Charge Point this term means remaining connected to a charge point or parked in a designated EV parking spot for more than 60 minutes using a Rapid or Ultra Rapid Charge Point or remaining connected to a charge point for a period greater than 10 minutes after charging finishes.
“Overstay Fee” has the meaning given to it in Clause 8 of these Terms of Service;
“Personal Data” has the meaning given to it in Data Protection Legislation;
“Partner Network” means a charge point network operated independently of the EV Charging Network;
“Pre-pay” means paying in advance;
“Price Plan Terms and Conditions” means the complete set of fees and charges associated with the provision of the Service, which may be found here: https://www.esbenergy.co.uk/ev/price-plans-terms-and-conditions;
“Post-pay” means paying after charges have been incurred, i.e. at the end of the month / billing period;
“Rapid Charge Point” means a Charge Point capable of delivering a power output over 22kW and up to 150kW;
“Roaming Service” a value-added service which allows You to charge Your EV using Charge Points on one or more Partner Networks, located either inside or outside the Territory;
“Service” refers to the EV charging service offered by Us, both (i) through Our EV Charging Network, and (ii) through Our Roaming Service;
“Terms of Service” means the combination of: (i) these terms of service, (ii) the Price Plan Terms and Conditions; and (iii) any ‘special offer’ terms and conditions that may apply from time to time;
“Territory” means Great Britain;
“Third Party Charge Point” means a Charge Point that does not form part of the EV Charging Network, and is not included in the Roaming Service;
“Third Party Service Provider” means a company other than Us who provide EV charging related services, and who have an agreement in place with Us to allow their customers to use the EV Charging Network;
“Ultra-Rapid Charging" means a Charge Point capable of delivering a power output equal or greater than 150kW
“Website” means www.esbenergy.co.uk/ev; and
“You” and “Your” refer to you.
2.2 Interpretation
2.2.1 A ‘person’ includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
2.2.2 Words in the singular shall include the plural and vice versa.
2.2.3 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, re-enactment or replacement and includes any subordinate legislation for the time being in force made under it.
2.2.4 A reference to writing or written includes email.
2.2.5 Where the words ‘include(s)’, ‘including’ or ‘in particular’ are used in these Terms of Service, they are deemed to have the words ‘without limitation and without prejudice to the generality of any description, definition, term or phrase’ following them and the words ‘include(s)’, ‘including’ or ‘in particular’ shall be construed accordingly. Where the context permits, the words ‘other’ and ‘otherwise’ are illustrative and shall not limit the sense of the words preceding them.
2.2.6 References to Clauses and Sub-clauses are to the Clauses and Sub-clauses of these Terms of Service.
2.2.7 Headings shall be ignored in interpreting these Terms of Service.
3 The Service
3.1 We will provide You with the Service in accordance with the terms and conditions set out in these Terms of Service.
3.2 The use of Charge Points owned, operated and managed by individuals or organisations other than Us, on networks other than the EV Charging Network, or those covered by Our Roaming Service, or in jurisdictions outside the Territory, even if shown on the Charge Point Map, is carried out at Your own risk and We do not accept any liability for any loss, damage, cost or expense of any nature arising from Your use of such Charge Points.
3.3 A breach by You of these Terms of Service may, at Our sole discretion, result in the suspension of Your Account and/or the termination of the Terms of Service by Us.
3.4 We shall be entitled to suspend Your Account and/or terminate the Terms of Service if:
3.4.1 You fail to provide payment for the Service in accordance with these Terms of Service and/or the Price Plan Terms and Conditions;
3.4.2 You mistreat or damage any Charge Point and/or Charge Point Equipment; or
3.4.3 You attempt more than once to avoid the overstay fee as specified in the Price Plan Terms and Conditions, by terminating the charging of Your EV just before the overstay fee is due to apply, and promptly re-starting it so as to make it appear that it is a new and separate charging session.
4 Use of the EV Charging Network
4.1 You are permitted to use any available Charge Points on the EV Charging Network in accordance with these Terms of Service.
4.2 We aim to ensure that the EV Charging Network is available and operational at all times.
4.3 In the event that You discover an operational issue with the EV Charging Network, You should contact Us as soon as possible by calling Our Customer Care team, by sending an email to Evsupport@esbenergy.co.uk, via Our Website, or through the Mobile App.
4.4 If maintenance or repairs are planned or necessary at or to a Charge Point or any Charge Point Equipment, We will try to make the latest operational status information of the affected Charge Points available on the Charge Point Map.
4.5 Except where there is a health and safety issue or where there is an issue beyond Our control (including where there is a fault on the local electrical network), We will try to ensure that only those Charge Points on the EV Charging Network that are operational or available, are advertised for use on the Charge Point Map.
4.6 If You access one of Our Charge Points through our EV Charging Network, You may activate the Charge Point by using a Charge Point Access Card, a contactless payment card, or the Mobile App. If You use the services of a Third Party Service Provider to use a Charge Point on our EV Charging Network, then You must use the access mechanisms they advise to use to activate the Charge Point.
4.7 When You use a Charge Point You agree and acknowledge that there may be access or parking restrictions that apply in the area around that Charge Point. You accept that You will be responsible for the payment of any applicable fees (including but not limited to any parking fees and/or fines) to the relevant authorities or third party organisations in connection with using a Charge Point.
4.8 You agree to use all Charge Points in a fair and reasonable manner at all times, and to abide by any local notices or restrictions in the vicinity of the Charge Points.
4.9 You agree to promptly disconnect Your EV and vacate the parking bay in which the Charge Point You have used is located as soon as possible once You have finished charging Your EV.
4.10 Once You have finished charging Your EV at one of Our Charge Points, if applicable, You agree to return the charging connector carefully and securely in the holster on the Charge Point. Failure to do so may result in the Charge Point believing that You are still using the Charge Point, and may result in You incurring an Overstay Fee (on Rapid Charge Points and Ultra Rapid Charge Points).
4.11.1 tamper with any Charge Point;
4.11.2 use any Charge Point or the parking bay in which it is located for any purpose other than for the charging of an EV;
4.11.3 connect any cable, adapter, connector, switch or other interface to a Charge Point which is not fit for purpose and/or fully compliant with all relevant laws, regulations and specifications. Any Use of any such interface will be entirely at Your own risk;
4.11.4 abandon any cables used to charge an EV at a Fast Charge Point, Rapid Charge Point or Ultra Rapid Charge Point by disconnecting them from an EV while the other end remains locked in the Charge Point once charging finishes. Should this occur, We reserve the right to remove (and dispose of) these cables from the Charge Point;
4.11.5 use the Service in a manner which is, or which has a purpose or effect which is, harmful, unlawful, fraudulent, disruptive, which causes nuisance or which is in connection with a criminal offence;
4.11.6 act in any way which prevents, impairs or jeopardises the operation of any Charge Point: or
4.11.7 leave Your EV connected to a Charge Point after charging finishes. If this happens, We will be entitled to charge a fee (the amount of which is specified in the Price Plan Terms and Conditions).
4.12 We cannot guarantee that Our Website, Mobile App, and/or access to the Charge Point Map will always be available, fault-free and secure and We do not guarantee that the information contained on these is correct and up to date.
4.13 The Charge Point Map and/or Our Mobile App may use Your location information so that We can try to provide You with accurate charge point location information based on Your location. You may choose to disable this in the settings on the device on which you access the Charge Point Map and/or Our Mobile App, but this may reduce the accuracy and functionality of the Charge Point Map and/or Mobile App (as relevant).
4.14 We may use third party applications, services and/or software to support Your use of Our Charge Points, Website, Mobile App and/or the Charge Point Map. Where We do so, and You use these, You agree to the use of these third party services and/or software.
5 Health and Safety
5.1 You agree to use the Charge Points on the EV Charging Network in a responsible manner with reasonable care.
5.2 You will handle all Charge Point Equipment with care and in a safe manner.
5.3 You agree not to deliberately damage, mistreat or otherwise compromise the EV Charging Network’s ability to function in any way.
5.4 When using a Charge Point on the EV Charging Network to charge Your EV, You will only use either the captive charging cables tethered to the Charge Point, or the charging cable supplied by (or approved by) Your EV supplier or manufacturer, either with or without specialised adapters. You will not use any other means to charge Your EV.
5.5 When using a Charge Point on the EV Charging Network You agree to respect and follow all safety related instructions, notifications and advice as issued and/or published by Us on Our Website, the Mobile App or otherwise.
5.6 In the event of You having (or becoming aware of) a health and safety–related concern or issue with a Charge Point or the EV Charging Network, You should immediately stop using the Charge Point, and You should immediately contact the emergency services on 999 or 112.
5.7 We take no responsibility and shall have no liability whatsoever for any issues arising out of or in connection with Your use of Third Party Charge Points.
6 Roaming Service
6.1 If offered to You, Our Roaming Service entitles You to charge Your EV on Charge Points on Partner Networks, a list of which is published on Our Website.
6.2 Access to these Charge Points will be provided using either the Charge Point Access Card, Our Mobile App, or any other method made available by Us.
6.3 You will be charged by Us for Charge Points used through the Roaming Service.
6.4 When You use a Charge Point You agree and acknowledge that there may be access or parking restrictions in place in the area around that Charge Point. You accept that You will be responsible for the payment of any applicable fees (including but not limited to parking fees and/or fines) to the relevant authorities or third party organisations in connection with Your use of a Charge Point.
6.5 When using a Charge Point on Partner Networks, You:
6.5.1 agree to familiarise yourself with and to be bound by the current terms of use, terms of service or similar, as published and as made available by the Partner Network operator;
6.5.2 will follow all rules, guidance and directions as issued and/or published by the Partner Network operator;
6.5.3 will respect and follow all safety related instructions, notifications, and advice as issued and/or published by the Partner Network operator; and
6.5.4 will use all Charge Point Equipment in a responsible and safe manner, and agree not to deliberately damage, mistreat or compromise its ability to function in any way.
6.6 Charge Points available on Our Partner Networks through Our Roaming Service are operated independently of the EV Charging Network. If You use these Charge Points through Our Roaming Service, We may charge or bill You for this use. Other than for charging and billing purposes, We therefore do not accept any responsibility or liability whatsoever for any issues arising out of or in connection with Your use of these Charge Points.
6.7 The reliability and dependability of Charge Points made available to and used by You through the Roaming Service is the responsibility of the Partner Network operators.
6.8 In the event of You having a health and safety – related concern or issue when using a Charge Point through the Roaming Service, You should immediately stop using the Charge Point, and contact the emergency services on 999 or 112.
7 Pricing
7.1 You will pay for the Service in accordance with Your chosen Price Plan, as defined in the Price Plan Terms and Conditions. This may incorporate fixed, variable, one-off and/or recurring charges. All pricing elements will be clearly communicated to You by Us.
7.2 Payments for Your use of the Service are to be made in the currency as indicated during Your registration to use the Service, or in the case of one-off pay-as-you-go and Contactless Payment customers, the local currency applicable at the Charge Point, all in accordance with the Price Plan Terms and Conditions.
7.3 Where You access Our EV Charging Network through the services of a Third Party Service Provider, the pricing for the use of Our Charge Points will be the fees and prices published and set by that Third Party Service Provider, and not those advertised as being applicable to ESB Energy customers.
8 Overstay Fees
In order to ensure efficient use of the EV Charging Network, and to discourage inappropriate use of Charge Points, an overstay fee may apply if the duration of Your charging session exceeds a specific time threshold. The relevant time threshold, as well as the amount of the Overstay Fee, is specified in the Price Plan Terms and Conditions. If You incur an Overstay Fee, it will be included in the overall charge to You.
9 Payment
9.1 We accept electronic payment via all major debit and credit cards, including Visa, Mastercard and Maestro. Additional payment options and/or payment types may be added over time.
9.2 Payment card details stored on Your Account to facilitate Your use of the Service may be updated or modified by You online via Our Website or via the Mobile App.
9.3 Details of a valid payment card with sufficient funds available must be provided by You to Us. A pre-authorisation for a nominal amount will be carried-out during Account registration, where a new payment card is added, or in the case of Contactless Payment or one-off pay-as-you-go charging, in order to confirm card validity. However, Your payment card will not be debited with this sum.
9.4 Payment collection will be based on the type of Account You have with Us. We will collect payment immediately in the case of pre-pay Accounts i.e. upon initial Account registration or when You instruct Us to do so (e.g. by indicating that You wish to perform a top-up). In the case of post-pay Accounts, We will collect payment in line with the Price Plan Terms and Conditions. We reserve the right to vary payment collection dates for system or data processing reasons if We need to. Where Contactless Payment is used, or for one-off, pay-as-you-go charging, We will collect payment as soon as you have finished charging Your EV at the Charge Point.
9.5 If a payment by You to Us is declined or fails for reasons associated with payment card validity, lack of adequate funds, or other card-related issues not connected with Our payment processing systems, We will let You know. In the case of post-pay accounts, the Service will be temporarily suspended if Your payment fails, pending the rectification of the payment issue by You and the successful collection by Us of the amount due. We reserve the right to charge a late payment fee in addition to the amount due, details of which will be specified in the Price Plan Terms and Conditions.
9.6 In the event that You fail to make a payment to Us for the full amount due within 14 days of the initial payment failure, Your account will be disabled and all Charge Point Access Cards de-activated.
9.7 You will need to contact Us to pay the outstanding balance on the Account and have it re-activated. We (or Our agents acting on Our behalf) will be entitled to take all necessary steps required to recover any outstanding amounts due.
9.8 Where You use the EV Charging Network via a service offered by a Third Party Service Provider, that third party will be responsible for collecting payment(s) from You.
10 Cooling Off Period
If You register for an Account with Us, irrespective of the type – either post-pay or pre-pay, You may choose to terminate the Service and the Terms of Service within 14 days of Account Activation. You will be responsible for any costs incurred during this period, whether usage or service-related. All cancellation requests should be directed to Our Customer Care Team or emailed to evsupport@esbenergy.co.uk.
11 Charge Point Access Cards
11.1 In order to access the EV Charging Network, You may choose to use a Charge Point Access Card. Charge Point Access Cards will remain valid provided the Account to which they are associated is active and is not in arrears (e.g. due to missed payments). Multiple Charge Point Access Cards may be active (and used simultaneously) on Your Account at any one time.
11.2 Charge Point Access Cards are Our property and should be returned to Us by You if Your Account is closed.
11.3 You, or any third party working on Your behalf, will not tamper with, modify, copy, reverse engineer (or similar) any Charge Point Access Card. Detection by Us of any such activities will result in immediate Account suspension. We reserve the right to recover any costs, losses and/or damages incurred by Us arising out of or in connection with unauthorised access to, or misuse of, a Charge Point Access Card and/or any data or software held on the card.
11.4 If Your Charge Point Access Card is lost or stolen, You must contact Our Customer Care Team immediately to deactivate it.
12 Account Activation
12.1 Your Account will be fully set up, and the Service made available, from the point at which You complete the registration process by telephone, on Our Website or in the Mobile App, and provide verification (either by clicking a link contained in a verification email You receive from Us, or by entering a numeric code sent to You by Us via SMS in the Mobile App) that You want the account to be activated. We aim to send out any associated Charge Point Access Card(s) within 7 days of the date You order one (either automatically by the system or manually).
12.2 For the avoidance of doubt, you do not need an Account with Us for any one-off, pay-as-you-go charging or where a Contactless Payment is used.
12.3 You are responsible for the accuracy and completeness of any information You provide to Us in connection with the Service or Your Account.
13 Service Cancellation / Account Closure
13.1 Cancellation requests are to be submitted electronically either via email to Evsupport@esbenergy.co.uk or via the methods listed on Our Website.
13.2 On receipt of a notification from You to cancel the Service, where:
13.2.1 Your Account is a Post-pay Account and the Minimum Term applicable to Your price plan has not yet expired:
We will cancel Your access to the Service and close Your Account on or around the last billing date of the term, unless You elect to pay an early termination fee (if specified in the Price Plan Terms and Conditions), in which case the Service may be cancelled and the Account closed immediately. You are responsible for paying any outstanding balances on Your Account prior to the Terms of Service being terminated; or
13.2.2 Your Account is a Post-pay Account and the Minimum Term applicable to Your price plan has already expired:
We will cancel Your access to the Service and close Your Account immediately. You will be responsible for clearing any outstanding balances on Your Account, prior to the Terms of Service being terminated; or
13.2.3 Your Account is a Pre-pay Account:
We will cancel Your access to the Service and close Your Account immediately and the Terms of Service will be terminated. Any unused credit remaining on Your Account at the point of closure will be forfeited by You to Us.
13.3 In exceptional circumstances, for example, upon learning of Your death, We reserve the right, at Our sole discretion, to close Your Account immediately and waive any applicable early termination fee and/or any applicable minimum notification of termination period.
14 Refunds
Any decision regarding the provision of refunds will be made at Our sole discretion.
15 Feedback/Complaints
If You would like to provide feedback or make a complaint in respect of the Service, You may do so by contacting the Customer Care Team or via email to evsupport@esbenergy.co.uk.
16 Data Protection
Our ESB Energy Data Privacy Notice sets out the ways which We will collect, store and use Personal Data about Your use of the Service, Our Website and Mobile App. To find out more about Your rights and how We manage them, please refer to Our ESB Energy Data Privacy Notice.
17 Variation of Terms
17.1 We may amend, vary or add to these Terms of Service at any time for example: (i) to comply with changes in the law or regulations; (ii) where a third party changes their terms; or (iii) due to the introduction of new services or product features.
17.2 If We amend Our Terms of Service, We will give You notice of the changes in advance using the contact details You have provided to Us when registering your Account. If We change Our Terms of Service, We will provide You with a copy of the amended Terms of Service or tell You where You can view or obtain a copy of the amended Terms of Service. We will also publish details of any such amendment on Our Website.
17.3 If any variation, addition or amendment is unacceptable to You, You may terminate the Terms of Service by notice in writing within seven (7) days of the variation, addition or amendment taking effect. Otherwise You will be deemed to have accepted the new conditions. Acceptable forms of notification include email to Evsupport@esbenergy.co.uk or in written form to ESB Energy EV Solutions, 4th Floor, 85 Tottenham Court Road, London W1T 4TQ, United Kingdom.
17.4 It is assumed that We will have given You proper notice if We contact You via the email address held by Us as part of Your Account. It is Your responsibility to ensure that the information held by Us is up-to-date.
17.5 The latest version of Our Terms of Service can be found on Our Website or in the Mobile App.
18 Mobile App
18.1 The Mobile App is provided to You as part of the Service We offer.
18.2 The functionality offered by the Mobile App may change over time.
18.3 We may from time to time, without incurring any liability to you, temporarily suspend or withdraw any or all of the Mobile App functionality for such periods as We shall determine, including without limitation, for technical, security, maintenance, administrative or other reasons.
18.4 We aim to ensure that information provided to You via the Mobile App is as up-to-date as possible at the time of viewing. We accept no responsibility for any loss suffered as a result of the information provided not being accurate or up-to-date.
18.5 Any and all costs incurred by You in respect of Mobile App access and usage, including use of mobile data, will be at Your own expense.
18.6 You undertake to use the Mobile App at Your own risk and all responsibility for any liability or loss from the installation or use of it rests with You.
18.7 You are solely responsible for keeping Your personal information (including Personal Data) private and secure. You must keep Your mobile device and all usernames and passwords relating to the Service confidential and ensure that no one observes Your mobile device when using the Mobile App, particularly when entering usernames, passwords and payment card information.
18.8 You are responsible for maintaining the security of Your mobile device, and the security and confidentiality of all information stored on it relating to the Mobile App. We will not be liable for any loss or damage arising out of or in connection with Your failure to do so.
18.9 You represent that any actions taken in Your name, or using Your username, password or payment card through the Mobile App are accurate and final, so that We can assume that these have been initiated and authorised by You. We are not responsible for any costs, delay, or error which arises from actions taken by mistake, or which were unauthorised by You.
18.10 The information contained in the Mobile App may not be copied, amended or reproduced in any form without Our consent.
18.11 You may terminate Your use of the Mobile App at any time by ceasing to use the application and uninstalling it.
18.12 We may suspend or withdraw access to the Mobile App or Website at any time without notice.
18.13 We reserve the right to update the Mobile App from time-to-time without notice, in order to amend or update content, functionality, performance and terms and conditions. Anyone who does not agree with any change in the terms and conditions for the Mobile App should uninstall it.
19 Our Liability
19.1 We will not be liable to You under these Terms of Service in contract, tort (including negligence), statute or otherwise for:
19.1.1 a failure or defect of a Charge Point or any Charge Point Equipment;
19.1.2 changes to the number or locations of Our Charge Points;
19.1.3 use of or inability to use the EV Charging Network, a Partner Network, a Charge Point or any Third Party Charge Points;
19.1.4 third party damage to Charge Points, Charge Point Equipment, vehicles or any other third party property;
19.1.5 the acts, omissions or conduct of any third parties in connection with or related to Your use of the Service, Website or Mobile App, including (but not limited to) any loss or damage caused by Your use of a third party cable, adapter, connector, switch or other interface connected to a Charge Point;
19.1.6 suspension, loss of access to, or unavailability of Our Website, Mobile App or Charge Point Map;
19.1.7 any inaccuracy in the information provided on Our Website, Mobile App or Charge Point Map;
19.1.8 unauthorised use or misuse of Your account;
19.1.9 any matter beyond Our reasonable control;
19.1.10 loss of revenue, loss of anticipated or actual profits or savings, wasted expenditure or loss of the use of money;
19.1.11 loss of business, loss of opportunity, loss of contracts, business interruption, loss of reputation or loss of goodwill;
19.1.12 loss of, damage to or corruption of data; or
19.1.13 any indirect or consequential loss.
19.2 Nothing in these Terms of Service will exclude or restrict:
19.2.1 any liability for death or personal injury resulting from the other persons negligence; or
19.2.2 any liability for fraud or fraudulent misrepresentation by You or Us; or
19.2.3 any other liability to the extent to which it cannot be lawfully excluded.
19.3 To the extent permitted by law, all warranties and conditions whether express, implied or statutory with respect to the Service or the use of Our Website or Mobile App are excluded, including (without limitation) any warranty, term or condition as to accuracy, non-infringement, compatibility, fitness for a particular purpose or availability are hereby excluded.
19.4 We do not guarantee that Our Website, Mobile App or any data You download from them will be secure or free from defects or any third party interference such as bugs or viruses. All use by You of Our Website and Mobile App is at Your own risk.
19.5 Subject to Clause 19.2, Our total aggregate liability in contract, tort (including negligence), statute or otherwise to You arising out of, or in connection with, these Terms of Service and/or Your use of the Service shall not exceed £50,000.
20 Your Liability
20.1 You will be liable for any damage caused to Us in connection with the Service through Your:
20.1.1 negligence, improper use or deliberate mistreatment of any Charge Point, any Charge Point Equipment and/or the EV Charging Network;
20.1.2 any unauthorised access to Your Account; and/or
20.1.3 Your use of the Website and/or Mobile App in breach of these Terms of Service or any third party terms.
21 Assignment
21.1 You may not assign the Terms of Service without Our prior written consent.
21.2 We may, without Your agreement, assign or transfer all or any part of Our rights and subcontract any of Our obligations under the Terms of Service to a third party.
22 Contact Details
ESB Energy EV Solutions
4th Floor
85 Tottenham Court Road
London W1T 4TQ
United Kingdom
Telephone: 0345 609 0372
Email: evsupport@esbenergy.co.uk
23 Events Beyond Our Control
We will not be liable to You or have to carry out any obligation under the Terms of Service if We are prevented from doing so by any cause beyond Our reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour shortage or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations.
24 General
24.1 If We waive a breach of these Terms of Service by You, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by You of the same or any other provision of these Terms of Service.
24.2 If a competent authority determines that any provision of these Terms of Service is invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Service and the remainder of the provision in question shall not be affected by that determination.
24.3 Where You are more than one person, each such person will be jointly and severally liable for Your obligations under these Terms of Service.
24.4 In performing Our obligations herein We may use third parties to act on Our behalf and/or perform certain obligations herein as Our subcontractors. All restriction set herein shall apply to any such parties including related to liability, disclaimers and events beyond Our control.
24.5 The Terms of Service constitute the entire agreement between You and Us with respect to the subject matter of the Terms of Service and (to the extent permissible by law) supersedes all prior representations or oral or written agreements between You and Us with respect to that subject matter.
24.6 These Terms of Service are subject to the laws of England and Wales. Any disputes arising from these Terms of Service and consequences thereof shall be brought before the Courts of England and Wales, to which the parties expressly attribute jurisdiction, including in the event of summary judgements, introduction of third parties or numerous defendants.
