Mina Fleet - End User Terms

This contract sets out:

  • your legal rights and responsibilities

    • our legal rights and responsibilities, and

    • certain key information required by law

If you don’t understand any of this contract and want to talk to us about it, please speak with our representative or contact us by email at hello@mina.co.uk

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

Who are we?

We are Mina Digital Limited, trading as Mina Energy. We are registered in England and Wales under company number: 11641082.

Our registered office is at: 144 Charles Street, Sheffield, England, S1 2NE

VAT number is: 344401824

  1. Introduction

    1. Your Employer has engaged us to provide Fleet Management Services for their fleet of electric vehicles. As part of these Fleet Management Services, we shall provide you with EV Charging Services for the Registered Vehicle (which is either your company EV provided by your Employer or the EV that you use (with the agreement of your Employer) for business purposes only).

    2. These Terms set out the terms and conditions on which we provide you with the EV Services.

    Agreed terms

  2. Definitions and interpretation

    Charge Site a location, other than Your Property, at which you charge the Registered Vehicle. 

    Contract the contract formed between your Employer and us for the provision of Fleet Management Services, which includes the EV Charging Services.

    Employer means your employer who has agreed to purchase the EV Charging Services on your behalf.

    Electricity Supplier The supplier of electricity to Your Property.

    Equipment any materials, including but not limited to an EV chargepoint, cables, broadband router, hardware, equipment or other property required in order to charge the Registered Vehicle at Your Property and at Charge Sites.

    EV Charging Fee the amount(s) to be paid by your Employer regarding the Registered Vehicle for our provision of the fleet charging services.

    EV Charging Payment The payment of electricity to your Electricity Supplier for the charging of the Registered Vehicle for business use.

    EV Charging Services the services that we shall provide directly to you in respect of the Registered Vehicle as set out in clause 3.1.

    Fleet Management Services the fleet management services that we shall provide to your Employer, which includes the EV Charging Services. 

    Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, pandemic, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of
    suppliers or subcontractors.

    Key Information the information that we use to calculate the EV Charging Fee and deliver the EV Charging Services to you, being: 

    • the address of the Property and the Electricity Supplier and electricity tariff at the Property;

    • the make and model of the Registered Vehicle; and

    • the anticipated annual mileage of the Registered Vehicle.

    Mina, we, our, us Mina Digital Limited (Company number 11641082) of 144 Charles Street, Sheffield, England, S1 2NE, trading as Mina Energy.

    Mina Energy App the Mina Energy app called ‘Mina Driver’ which can be downloaded from Apple’s App Store and from Google Play. 

    Registered Vehicle The electric vehicle registered with us by your Employer which is eligible to be charged in accordance with the EV Charging Services.

    Start Date the date that we specify to you by email for the commencement of the EV Charging Services.

    Terms the terms and conditions set out in this document.

    User This will include you and anyone else at Your Property that accesses or uses the EV Charging Services.

    Writing/written any form of correspondence in a durable
    medium including e-mail.

    you means you, the person whose Employer has engaged with us to provide you with EV Charging Services

    Your Property the address as specified to us by you or your Employer as your domestic address.

    1. Headings do not affect the interpretation of these Terms.

    2. Unless expressly provided otherwise, each of the Users shall be jointly and severally liable for their obligations under these Terms.

3. EV Charging Services

  1. Mina will provide the following to the User in return for the EV Charging Fee (which, for the avoidance of doubt, is paid by your Employer):

    • the EV Charging Payment

    • smart charging of the Registered Vehicle; and

    • support via Mina Energy’s customer support team (of which more detail can be found at clause 10 below) which can be contacted using the Mina Energy App, together, the “EV Charging Services”.

4. Your obligations

  1. You, or your Employer, are responsible for ensuring that there is sufficient Equipment correctly installed at Your Property to facilitate the charging of the Registered Vehicle at Your Property. 

  2. You shall:

    prior to the commencement of the EV Charging Services, and throughout the Term, provide us with information regarding your Electricity Supplier including, but not limited to, the supplier name, your account number, your tariff information, a copy of your latest bill, and any other information that we reasonably request from you. This information can be provided by email at hello@mina.co.uk and/or via the Mina Energy App; 

    • comply at all times with your obligations set out in clause 7; 

    • when you charge the Registered Vehicle at a Charge Site, start the charging session using the RFID card provided to you by your Employer or via the Mina Energy App; 

    • ensure that there are no charging schedules set on the Registered Vehicle that could restrict the charging of the Registered Vehicle at Your Property; 

    • log the mileage of any journeys that are taken within the Registered Vehicle that are for business use via the Mina Energy App;

    • tell us if you switch supplier or change tariff via the Mina app or by email at hello@mina.co.uk (in accordance with clause 6.7); and

    • ensure your EV charge point is connected to the Wi-Fi at Your Property at all times.

  3. In order to benefit from our EV Payment Service at Your Property, you warrant (essentially a legal promise) that: 

    • you will charge the Registered Vehicle in a responsible manner; 

    • you will only use the EV Charging Services in relation to the Registered Vehicle; and

    • that your use of the Registered Vehicle shall not exceed the mileage limits agreed with your Employer as part of the Key Information.

  4. You confirm that you have all necessary permissions and consents necessary in order to use the EV Charging Services at Your Property including where necessary:

  5. consent from household electricity bill payers; and

    • any local authority consents necessary including but not limited listed building consent, planning consent or building regulations consent.

5. Acceptance of these Terms

  1. You have received a copy of these Terms because your Employer has purchased EV Charging Services from us for you regarding the Registered Vehicle. In order to provide these EV Charging Services, we need you to accept these Terms. You can do so by confirming that you accept these Terms during onboarding by accepting. We recommend that you read the rest of the Terms before you do so to make sure that you are happy with your rights and obligations.

6. Carrying out of the EV Charging Services

  1. You acknowledge and agree that by accepting these Terms:

    • you grant us full authority to:

      • contact your Electricity Supplier for the purposes of making preparations to transfer and/or commence the EV Charging Services with effect from the Start Date;

      • access the Electricity Supplier accounts you designate and the information contained within them, on your behalf;

      • contact your EV charge point manufacturer for the purposes of accessing the data processed by the EV charge point at Your Property in order to provide the EV Charging Services;

    • where the Registered Vehicle has a telematics system installed, we will be provided with information regarding the mileage of the Registered Vehicle; 

    • when we access and retrieve information from third parties relating to you, we are acting as your agent and not the agent of the third party or any other entity;

    • that third parties can rely on the authorisation granted by you to us and that the EV Charging Service is not endorsed by any third-party electricity supplier accessible through the EV Charging Service. We do not warrant or otherwise guarantee that such third parties permit use of our EV Charging Service as part of any agreement you have in place with them;

    • where you grant us permission to do so by providing us with such information, you grant us a non-exclusive licence to store your account details and other information about you which we obtain from your Electricity Supplier, such licence to be terminable on the termination of these Terms.

  2. You further acknowledge and give us full authority to act on your behalf (essentially as if we were you), in accordance with clause 6.1 for the purposes of providing the EV Charging Services including (but not limited to):

    • receiving utility bills and other related documentation from your Electricity Supplier for Your Property;

    • accessing any and all information relating to those designated accounts, through all means including access to third party sites, servers and documents and other means of information retrieval relating to you;

    • contacting your Electricity Supplier to discuss your account without restriction; 

    • making payments and handing refunds for the electricity supply; and

    • accessing the data relating to the EV charge point at Your Property.

  3. We agree to commence carrying out the EV Charging Services by the time or within the period which we have agreed with your Employer. If we have agreed no time or period with your Employer, this will be within a reasonable time.

  4. Our carrying out of the EV Charging Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the EV Charging Services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the EV Charging Services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:

    • we have to wait for your other providers to complete any work before we are able to carry out the EV Charging Services;

    • any issue, fault or defect of the Equipment; and

    • where you or your Employer have failed to comply with obligations set out in clause 4 or failed to provide us with the Key Information.

  5. We may have to suspend the EV Charging Services if we have to deal with technical problems, or to make improvements to the EV Charging Services that we have agreed with your Employer. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.

  6. If you are changing your Electricity Supplier or your current tariff with your Electricity Supplier, you will need to provide us with 7 days’ written notice of the new details including but not limited to supplier tariff and new account number. Failure to do so may result in us having to terminate these Terms. 

  7. For the duration of the Contract you agree to provide us with the information and materials specified in clause 7 of these Terms.

7. Information and Meter Readings

  1. You shall promptly provide us with any information relating to the EV Charging Services that we consider is reasonably necessary to enable us to provide the EV Charging Services. We will contact you in writing to ask you for such information as and when required by us.

  2. In relation to meter readings at Your Property, you acknowledge and agree that:

    • if you do not give us a meter reading at any given request set out in clause 7.1, and we are not able to take one, the Electricity Supplier will estimate your meter reading when we start to supply the EV Charging Services;

    • we are not responsible for obtaining meter readings if you do not give them to us; and

    • we may ask for photographic evidence of meter readings.

  3. If you do not provide us with the information as requested pursuant to this clause 7, or you provide us with incomplete, incorrect or inaccurate information, we may delay or suspend the EV Charging Services or contact your Employer, who may be charged an additional fee to cover any extra work that is required in order to obtain the information ourselves. We will not be liable for any delay or non-performance where you have not provided this information within a reasonable time of us having requested it.

8. Electricity Services

  1. You acknowledge that Mina is not licensed to supply energy and that all obligations and responsibilities you have towards your Electricity Supplier are unaffected.

  2. We can refuse to supply you with EV Charging Services and/or we can suspend your supply or tell you to stop using your supply if any of the following apply and if we are legally allowed to do so:

    • your Electricity Supplier prevents us from carrying out the EV Charging Services;

    • your EV charge point manufacturer fails to provide us with the data that we require from them in order to provide the EV Charging Services;

    • we, the network operator or your Electricity Supplier has stopped your supply, and we do not have to reconnect or continue your supply (for example if you have interfered with your meter);

    • we are told to stop supplying you by Ofgem, the network operator or our licensed suppliers, or we can legally stop supplying you under any energy legislation (including licences or any other agreements, authorisations and codes or procedures that relate to us and utility providers); or

    • we are not happy with the way your meter is set up. This includes when we or our agents cannot read the meter and if, having carried out the appropriate checks (such as inspecting your meter), it is discovered that there is a prepayment meter installed at Your Property and/or it appears to us more likely that not that the metering equipment has been tampered with.

9. Nature of the EV Charging Services

  1. We shall ensure that at all times the EV Charging Services are carried out:

    • with reasonable care and skill; and

    • within a reasonable time if we haven’t fixed a time for the EV Charging Services to be carried out with your Employer.

  2. We must provide you with EV Charging Services that comply with your legal rights.

10. Faulty EV Charging Services

  1. In the event that there is a problem with the EV Charging Services, you can contact us at any time by telephoning our customer service team at 0114 400 0151‬ or by e-mailing us at hello@mina.co.uk. We will try to resolve your issue as soon as possible where we are reasonably able to do so. Please note, we are not able to assist you with any issue with the Equipment and if you have such an issue, we recommend that you contact the manufacturer of your Equipment and/or your Employer.  

11. Vacating Your Property

  1. If, at any time you decide to move from Your Property then you must tell us the date of your move as soon as possible but in any event at least 30 days before the day you move. Our provision of the EV Charging Services to you will come to an end during that final period.

12. Duration and termination

  1. We will supply the EV Charging Services to you from the Start Date until the expiry or other termination of the Contract between us and your Employer, at which point these Terms shall automatically terminate.

13. Consequences of Termination

  1. Immediately following termination of these Terms we will terminate all EV Charging Services.

  2. Termination of these Terms will not affect either party’s accrued rights, duties or remedies and clauses which expressly or by implication have effect after termination shall continue in full force and effect.

14. Disputes

  1. We will try to resolve any disputes with you quickly and efficiently.

  2. If you are unhappy with:

    • the EV Charging Services,

    • our service to you generally, and

    • any other matter relating to these Terms,

please contact us as soon as possible.

15. Changes to terms

  1. We may revise these Terms at any time in the event that there are changes in relevant laws and regulatory requirements, or where to do so won’t materially prejudice your rights.

  2. Any amendments made to the Terms where relevant will be updated on our website.

  3. These Terms were last updated on 16 July 2020

16. Intellectual property rights

  1. All registered and unregistered intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the EV Charging Services will belong to us absolutely.

17. Limitation of liability

  1. Subject always to clause 17.2:

    • if we fail to comply with these Terms, we shall only be responsible for those losses you suffer which are a direct result of our failure to comply with these Terms and which we could reasonably foresee would result from our failure to comply with these Terms but we are not responsible for any loss or damage that is not reasonably foreseeable and that was not caused by any breach on our part;

    • we only supply EV Charging Services for the purposes for which your Employer has agreed with you regarding your use of the Registered Vehicle. You agree not to use the EV Charging Services for any other commercial or business purpose and not for any resale purpose and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity; and

    • our total liability to you, howsoever arising including in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount of the EV Charging Fee paid by your Employee to us in any 12 month period preceding a claim being made.

  2. Nothing in these Terms is intended to exclude or limit in any way our liability for:

    • death or personal injury caused by our negligence;

    • fraud; or

    • any matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

18. Force Majeure Events

  1. We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms as a result of a Force Majeure Event.

  2. If a Force Majeure Event takes place that affects the performance of our obligations under these Terms:

    • we will contact you as soon as reasonably possible to notify you; and

    • our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our performance of the EV Charging Services  to you, we will restart the EV Charging Services as soon as reasonably possible after the Force Majeure Event is over.

19. Complaints

  1. If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 0114 400 0151 or by e-mailing us at hello@mina.co.uk.

20. Notices

  1. All notices sent by you to us must be sent in writing to hello@minaenergy.co.uk or to our registered office address specified on our website. We may give notice to you in writing at either the e-mail address provided to us by your Employer or by post at Your Property.

21. Data protection

  1. For the purposes of data protection legislation, when we provide you with EV Charging Services, we are a data processor and your Employer is the data controller. This means that in providing you with the EV Charging Services we are following the instructions of your Employer and that your Employer determines the means of the processing of your Personal Information (as defined below). This clause sets out some information that we think you will find useful regarding how we shall use your Personal Information in providing you with the EV Charging Services as a data processor. 

  2. We will only use the personal information you provide to us and such other personal and financial information we otherwise obtain about you (together your “Personal Information”) to:

    • provide the EV Charging Services; and

    • for the purposes set out in our Privacy Policy, which is available on our website at https://www.mina.co.uk/privacy-policy/.

  3. We will share your personal information where it is necessary in order to provide the EV Charging Services with electricity suppliers (including your Electricity Supplier), to comply with industry obligations and your Employer (but only with regards to the administration of the EV Charging Services which may include the amount of energy you have been using to charge the Registered Vehicle, requests for information that you haven’t provided us in accordance with these Terms and any other relevant information regarding the EV Charging Services). Please see our Privacy Policy at https://www.mina.co.uk/privacy-policy/ for details on who we share your information with. Where you have given us permission to do so, we may also share your personal information with other companies so that they can provide you with products and services that are likely to be suited to you. We will be a data controller regarding your choice on whether to receive marketing communications from third parties. 

  4. We may pass your Personal Information to such electricity suppliers as we consider reasonable for the purpose of delivering the EV Charging Services to ensure that they are aware of any additional needs which you may have and in enforcing our rights under these Terms.

  5. We may, in accordance with our legal requirements, have to disclose your Personal Information to any regulatory, governmental or similar body in respect of your use of the EV Charging Services. Subject to any legal obligations to the contrary we shall notify you of such disclosure as soon as reasonably possible.

  6. We will always process your Personal Information fairly and lawfully in accordance with individuals’ rights. The processing of all data will always be necessary to provide our product and services, in our legitimate interests and will not unduly prejudice your privacy.

  7. If you live in a rented property, you will be required to provide us with your landlord’s details (which may be personal in nature e.g. Name, Address, E-mail, Phone Number etc). You are responsible for ensuring that you have your landlord’s permission to forward their personal information to us and to direct them to our Privacy Policy and the privacy policy of your Employer, which will also apply to this landlord information.

22. Assignment

  1. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

  2. Should we transfer all or any of our rights and obligations under these Terms we will provide you with a minimum of 4 weeks written notice.

23. Waiver

  1. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you.

  2. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

24. Third party rights

  1. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

25. General

  1. These Terms set out the whole agreement between you and us for the supply of the EV Charging Services.

  2. If any of the Terms herein conflict with any term of the Contract, the Contract will take precedent.

  3. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.

26. Governing law and jurisdiction

  1. These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.

  2. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


IF YOU ARE A DRIVER WHO’S FLEET OPERATOR HAS CONTRACTED WITH ALLSTAR PLEASE READ THESE LICENCE TERMS CAREFULLY

BY USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.

Roles and responsibilities

We are Allstar Business Solutions Limited incorporated and registered in England and Wales with company number 02631112 whose registered office is at PO BOX 1463 Canberra House, Lydiard Fields, Great Western Way, Swindon, England, SN5 6PS (‘Allstar’, ‘We’, ‘Us’, ‘Our’).

Allstar provides fleet management software and services (‘Services’) to businesses which operate vehicle fleets (‘Fleet Operators’).  These services are subject to a separate agreement between Allstar and the Fleet Operator.  

Where a Fleet Operator has identified you as a driver (‘Driver’) of a vehicle in the Fleet Operator’s fleet of electric vehicles (‘EVs’), we make this App available to you in order for Allstar to provide Services to the Fleet Operator.

You are not permitted to use this App or any other relevant software We make available unless you have been identified by a Fleet Operator as a Driver.

What these terms cover

These terms cover the licence from Allstar to you, as a Driver of a Fleet Operator’s EV, to use this App and any other relevant software which we may identify to you from time to time (‘App’).  These terms explain the licence terms to you, restrictions on your use of the App, and explain the data protection roles and responsibilities.  

They also explain certain authorisations and information we will need to collect on behalf of the Fleet Operator in order to provide the Services to the Fleet Operator.

What these terms do not cover

These terms do not cover Allstar’s rights and obligations as a supplier of Services to Fleet Operators.  Those terms are set out in a separate agreement between Allstar and the relevant Fleet Operator.

Data protection roles and responsibilities – Fleet Operator

Allstar makes the App available to you as part of the Services it provides to the relevant Fleet Operator.  Where we collect personal data from you via the App or otherwise, we do so on behalf of the Fleet Operator.  

The Fleet Operator is the controller for all personal data which We collect from you on their behalf.  The relevant privacy policy for the collection of this personal data is the privacy policy made available by the Fleet Operator to you, e.g. in an Employee Privacy Notice.  If you have any questions or concerns about the collection of your personal data on behalf of the Fleet Operator you should contact the Fleet Operator.

Data protection roles and responsibilities – Allstar

The agreement between Allstar and the Fleet Operator includes the transfer of your personal data to Allstar as an independent controller.  Allstar uses your personal data in order to provide Services to the Fleet Operator.

As an independent controller in relation to your personal data, Allstar is required to make you aware of the data We receive, the purposes for which We process your data and the legal basis We rely on for such processing (amongst other information).  This information is set out in the Allstar privacy policy at https://www.Allstarcard.co.uk/privacy-policy/ (‘Privacy Policy’) with the following amendments:

  • How We obtained your data: We receive your data from the Fleet Operator, as set out above.  Where we collect the information directly from a third party, such as your electricity supplier or charge point provider, we do so on behalf of the Fleet Operator, and that data is then shared with us as an independent controller under Our agreement with the Fleet Operator.

  • Information We receive: [set out the relevant data types here, including energy supplier, tariff etc., charge point usage data]

  • How we use your data:  In addition to the purposes set out in the Privacy Policy, for the Allstar Homecharge Solution, the services We provide to Our customers (i.e. Fleet Operators) may include the calculation of electricity used in relation to the EVs and direct payment of energy suppliers on behalf of the Fleet Operator.

  • How to reach us: If you have any queries or concerns about Allstar’s use of your personal data as an independent controller, please contact Allstar at dpo@fleetcor.com.

Contact

If you think the App is faulty or wish to contact us for any other reason please email our customer service team at support@mina.co.uk.

Your use of the App

In return for your agreement to comply with these terms you may download the App and view, use and display the App on such devices as are necessary for Us to provide the Services to the relevant Fleet Operator.

The App is only for your use as a Driver who has been identified by a Fleet Operator.  If you have not been identified as a Driver by a Fleet Operator you must not use the App.  If you are no longer a Driver for a Fleet Operator you must cease from using the App.

You acknowledge and agree that:

  • Allstar has been engaged by the Fleet Operator to provide Services to the Fleet Operator and that, in order to provide those Services, the Fleet Operator has engaged Us to collect certain information on their behalf, including but not limited to:

    • information concerning your electricity supplier, electricity tariff and electricity usage and cost;

    • information concerning proposed changes to your electricity supplier or electricity tariff in advance of such changes;

    • information concerning the charge point installed at your property;

    • usage information from the charge point installed at your property;

    • in some circumstances, your bank account details (to receive payments in respect of your energy bills where such payments are authorised by the Fleet Operator);

    • information about your residence at your property, including any intention to end your residence at the property; and

    • any other information which We or the Fleet Operator considers is reasonably necessary to enable Us to provide the Services to the Fleet Operator.

  • you are responsible for obtaining all consents which may be necessary for you to provide the information to Us;

  • if you are unwilling or unable to provide the relevant information to Us, including (where relevant) via the App, We shall be required to inform the Fleet Operator and We may be unable to provide the relevant Services to the Fleet Operator.

  • you shall only use the App in compliance with any guidance or instructions issued from time to time by Allstar or the Fleet Operator.

  • In some circumstances we may require you to update the App in order for us to continue to provide the Services to the Fleet Operator.  If you are unwilling or unable to update the App We shall be required to inform the Fleet Operator and we may be unable to provide the relevant Services to the Fleet Operator.

Equipment, RFID cards and Charging

In order for us to provide the Services to the Fleet Operator, You agree that:

  • you, or the Fleet Operator, are responsible for ensuring that there is sufficient equipment correctly installed at your property to facilitate the charging of the EV at your property;

  • you, or the Fleet Operator, are responsible for ensuring that all necessary consents are in place for the installation and use of such equipment at your property;

  • We are not responsible to you for the correct functioning of such equipment;

  • if you are unwilling or unable to allow the installation of compatible equipment, We shall be unable to provide the Services to the Fleet Operator;

  • you shall comply with any guidance on charging issued from time to time by Allstar or the Fleet Operator, including without limitation, on the use of RFID cards provided by Us (where relevant).

Authorisation

By agreeing to these terms you hereby authorise the Fleet Operator (and Allstar acting on behalf of the Fleet Operator):

  • to contact your electricity supplier in relation to the Services and to obtain such information from your electricity supplier as is reasonably necessary to provide the Services to the Fleet Operator, which may include (without limitation) information about the amount and cost of electricity used at your property;

  • to contact your charge point manufacturer for the purposes of accessing the data processed by the EV charge point at your property in order to provide the Services to the Fleet Operator;

  • to receive information regarding the mileage of the EV from any telematics system in the EV; 

  • to store and use any account login details and other information about you which you provide to the Fleet Operator or to Allstar in connection with the App or Services.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with changes to the App or Services We provide to Fleet Operators. 

Update to the App

From time to time We may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system, address security issues or to reflect changes to the Services We provide to Fleet Operators. 

Alternatively we may ask you to update the App to reflect changes to the Service.  If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and We may need to inform the Fleet Operator. 

Licence restrictions

You agree that you will not:

  • rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;

  • copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited;

  • use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;

  • infringe Our intellectual property rights or those of any third party in relation to your use of the App;

  • transmit any material that is defamatory, offensive, infringes the privacy or other rights of any third parties, or is otherwise objectionable in relation to your use of the App; and

  • use the App or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users.

Intellectual property rights

All intellectual property rights in the App and the Services throughout the world belong to Us (or Our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.

Responsibility for loss or damage suffered by you

Nothing in these terms is intended to 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 or for fraud or fraudulent misrepresentation.

We make this App available to you under Our business-to-business agreement for Services with the Fleet Operator.  As such We shall have no direct liability to you in relation to the Services or the App.  If you suffer any loss or damage in relation to the App or the Services, you should contact the Fleet Operator.

Our total liability to you, howsoever arising including in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid by the Fleet Operator to Us in relation to electricity charges at your property in any 12 month period preceding a claim being made.

We may end your rights to use the app and the services if you break these terms

We may end your rights to use the App at any time by contacting you if you have broken these terms. 

If We end your rights to use the App:

  • You must stop all activities authorised by these terms, including your use of the App.

  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App.

We may transfer this agreement to someone else

We may transfer Our rights and obligations under these terms to another organisation.

You are not permitted to transfer your rights

Your rights to use the App are conditional on a Fleet Operator identifying you as a Driver.  As such, you are not permitted to transfer your rights under this agreement to any other party.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract 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, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it 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 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.

Which laws apply to this contract and where you may bring legal proceedings

This contract any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.  You agree that the courts of England have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this contract, its subject matter or its formation (including non-contractual disputes or claims).