Terms and Conditions
These Terms govern your Membership of the Charging Network run by EB Charging Ltd - a wholly owned subsidiary of Electric Blue Ltd - and your use of any Charging Points in the Charging Network. By becoming a Member of the Charging Network, you agree to be bound by all of these Terms.
1. Definitions in these Terms
1.1 Authorised User means a person who is authorised by you to drive the Vehicle (including in the case of businesses and fleet Vehicles, your employees) and is insured in accordance with minimum legal requirements to do so;
1.2 Charging Bay means a designated parking bay where a Member must park to use a Charging Point;
1.3 Charging Network means the network of Charging Points owned by Electric Blue;
1.4 Charging Point means a specific electrical supply connection, designed to enable a plug-in vehicle to connect to and recharge from an electricity supply, at 3kW and above, including Rapid Charging Points, where access is controlled by an access key, card or device;
1.5 Member means a person who is a member of the Charging Network;
1.6 Membership means membership of the Charging Network;
1.7 Membership Card means and access key, card or device to enable you to access the Charging Points;
1.8 Joining Fee means the initial fee payable to Electric Blue for Membership of the Charging Network;
1.9 Rapid Charging Point means a Charging Point that is capable of delivering 22 Kilowatts or more of power to a Vehicle;
1.10 Terms means these terms and conditions:
1.11 Vehicle means the plug-in vehicle with the licensed number plate set out in your registration form, or any substitute vehicle notified to us under these Terms;
1.12 We, Us and Our refers to EB Charging Ltd and Electric Blue Lts (together, "Electric Blue"), whose registered offices are at 6B Parkway, Porters Wood, St Albans. AL3 6PA;
1.13 You or Your refers to the person or business named as the ‘Applicant’ in the registration form whose application to be a member of the Charging Network has been accepted by us.
2. Membership of the Electric Blue Charging Network
2.1 To become a member:
2.1.1 You must have completed the registration form and we must have accepted your completed registration form;
2.1.2 you must have paid the Joining Fee;
2.1.3 you must be and remain the registered owner or the registered keeper of the Vehicle; and
2.1.4 you must comply with the Terms, together with any instructions that we may send to you from time to time in relation to the access.
2.2 Upon receipt of your Joining Fee and acceptance by us of your registration form, we will issue you with a Membership Card which will enable you to access and use the Charging Points within the Charging Network for a period of 12 months. In all instances use of Charging Points is conditional on you first having gained permission to use the associated Charging Bay.
2.3 You are not obliged to use the Charging Points but you must comply with these Terms for the length of your Membership.
2.4 You may allow your Authorised User(s) to use the Membership Card, provided that you must ensure that each of your Authorised Users also complies with these Terms. You will be responsible for any failure by them to do so.
2.5 We will notify you by your chosen means of communication prior to the expiry of your Membership to enable you to renew your Membership for another period of 12 months if you are eligible. If you do wish to continue your Membership, please make sure that you do so prior to the expiry of the current 12 month period.
3. Payments for charging
3.1 The cost for using the Charging Points shall be as quoted on www.electricblueuk.com which may be modified or updated from time to time. It is your responsibility to keep yourself informed about the applicable charges.
3.2 The Joining Fee shall be inclusive of VAT, where applicable, and any costs associated with delivery of the Membership Card.
3.3 You must pay to ensure credit is on your account in order to use a Charging Point. Payment can be accepted by one of the following:
3.3.1 Bank transfer to EB Charging Ltd account number 1748 1961, sort code 60-18-11 - quoting your membership number as the payment reference; or
3.3.2 Debit or credit card via PayPal quoting your Membership number as the payment reference.
3.4 You need to ensure there is sufficient credit on your account to continue using the Charging Points. Failure to do so will result in your Membership being suspended. Repeated suspensions may result in Cancellation of Membership, see section 7.
4. Membership Cards
4.1 The Membership Card is required to enable you or your Authorised User(s) to charge your Vehicle at a Charging Point when parked in a designated Charging Bay. Additional Membership Cards can be purchased upon request.
4.2 Membership Cards remain the property of Electric Blue.
4.3 Your Membership will be valid for a period of 12 months from the day on which you receive it, which will be deemed to be 2 working days after the day on which we post your Membership Card to you.
4.4 You will be responsible for keeping your Membership Card safe and secure. Lost, stolen or damaged Membership Cards must be notified to Electric Blue immediately in writing so that the relevant card can be stopped. The Member will be liable for any usage of the Membership Card prior to Electric Blue being formally notified. Replacement Membership Cards may be procured following payment by the Member of an administration fee of £10.
4.5 Your Membership Card can only be used by you or your Authorised User(s) for your Vehicle. You may not transfer your Membership Card to any other person including any purchaser of your Vehicle. You must notify us immediately if you are no longer the registered owner or registered keeper of the Vehicle and/or if you wish to transfer your Membership Card to a new vehicle which meets our network requirements.
4.6 We reserve the right to cancel or suspend your Membership Card at any time if we suspect that it is being used fraudulently or in breach of these Terms or if you have notified us that it has been lost, stolen or damaged. We will notify you of any cancellation or suspension due to suspected fraud or breach of these Terms.
4.7 Upon the expiry of your Membership, your Membership Card will be deactivated and you must either destroy it or return it to us at the address stated in paragraph below.
5. Charging your Vehicle
5.1 You may recharge your Vehicle at a Charging Point whilst correctly parked in a designated Charging Bay. You must ensure that your Vehicle is at all times parked in accordance with any rules and policies that apply to such a designated Charging Bay.
5.2 Please be aware that some Charging Bays may require the payment of parking charges. You are responsible for the payment of any applicable parking charges whilst parked in the Charging Bay and for the payment of any fines, levies or penalties charged for breach of any rules and policies that apply to such Charging Bay.
5.3 You must follow all user instructions in relation to the use of a Charging Point. Please also note that there may be additional requirements and/or restrictions regarding the use of Rapid Charging Points - you must ensure that you comply with all such additional requirements and/or restrictions.
5.4 It is your responsibility to ensure that the charging of your Vehicle using a Charging Point is carried out safely so as to avoid injury to any person or damage to property. In particular, this includes but is not limited to ensuring that you take all reasonable care when charging your Vehicle and that you operate the Charging Point in accordance with generally accepted safety standards relating to charging points. For example, your charging cable should never be used if it is damaged or has been tampered with and you must ensure that the charging cable does not create a trip hazard.
5.5 We are unable to guarantee the functionality or availability of any Charging Point due to factors that are outside of our control and shall have no liability whatsoever to you in such circumstances.
5.6 If you do experience any problems accessing or using any Charging Points, please contact us using the details in section 11.
6. Accountability and Liability
6.1 You agree to be responsible and liable for:
6.1.1 any damage caused by you or your Authorised User to a Charging Point or any other property;
6.1.2 any injury to any person caused by you or your Authorised User(s),
6.1.3 any damage or loss caused by a breach of these Terms by you or your Authorised User; and
6.1.4 your or your Authorised User’s use, misuse or negligence, or failure to comply with any user instructions or guidance, in relation to a Charging Point and/or your Vehicle.
You must notify us immediately of any damage caused to a Charging Point.
6.2 You agree to indemnify Electric Blue Ltd, EB Charging Ltd, our affiliates and any other Electric Blue group company (and each of their officers, directors or employees) against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with (a) your or your Authorised User’s negligence or breach of any of these Terms; (b) your or your Authorised User’s use or misuse of a Charging Point and/or your Vehicle; and (c) any damage to a Charging Point or any other property or any injury to any person caused by you or your Authorised User.
6.3 Where a Charging Point is owned and/or operated by someone other than us (a “Third Party”), please be aware that the Third Party is responsible for its Charging Points (including for the supply of electricity to such Charging Points) and we have no responsibility or liability to you in respect of such Charging Points. If you or your Authorised User(s) suffer any damage, loss or injury whilst using a Charging Point, you must notify the Third Party immediately or, in the absence of any contact details on the Charging Point or where the Charging Points are owned by us, please notify us using the details in section 11.
6.4 Subject to paragraphs 6.6 and 6.7, please note that we will not be responsible for and shall have no liability whatsoever to you or your Authorised User (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for:
6.4.1 losses that were not foreseeable to you and us at the time we accepted your registration form;
6.4.2 losses that were not wholly and directly caused by any breach of these Terms on our part; or
6.4.3 any loss of business, loss of profits, pure economic loss, depletion of goodwill or indirect or consequential loss, including all losses relating thereto, howsoever caused, arising out of or in connection with these Terms or your use of the Charging Network.
The provisions of this paragraph 6.4 will also apply for the benefit of Third Parties, and for the purpose of this paragraph only, ‘we’ and ‘our’ shall also mean such Third Parties in their own right.
6.5 Subject to paragraphs 6.6 and 6.7, if your Vehicles are being used in the course of your business, we will not be liable to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any financial losses, including pure economic loss, loss of profits, loss of business, depletion of goodwill or indirect or consequential loss, howsoever caused arising out of or in connection with these Terms.
6.6 Insofar as allowed under applicable law, the total liability of Electric Blue Ltd and EB Charging Ltd to you (and any Authorised User) in respect of all loss or damage (including interest) and costs suffered or incurred under or in connection with these Terms or otherwise, including as a result of breach of contract, tort, negligence or other act or omission on our part, shall not exceed £1000.
6.7 Nothing in these Terms will exclude any liability for personal injury or death caused by our negligence or for loss, damage or costs arising from our fraud or dishonesty or in respect of liabilities which cannot lawfully be limited or excluded.
7. Termination or Cancellation
7.1 If the Charging Network is no longer viable for whatever reason (including financial restraints), we may by written notice to you (including by email), terminate the Charging Network and your Membership. In such circumstances, you will be entitled to a refund of a proportion of the Joining Fee in accordance with our Refund Policy.
7.2 In the event that:
7.2.1 you or any Authorised User are found, in our reasonable opinion, to be misusing a Charging Point, Membership Card or a Charging Bay or if we reasonably believe that you or they are in material breach of these Terms, we will be entitled to cancel your Membership and deactivate your Membership Card immediately; or
7.2.2 we are in material breach of these Terms, you will be entitled to cancel your Membership upon written notice to us. In such circumstances, you will be entitled to a refund of a proportion of the Membership Fee in accordance with our Refund Policy.
7.3 Upon termination or cancellation of the network or your Membership:
7.3.1 you will no longer be entitled to use any Charging Points;
7.3.2 you will either destroy your Membership Card or return it to us at the address stated in section 11; and
7.3.3 you may be entitled to a refund of a proportion of the Membership Fee in accordance with our Refund Policy.
7.4 If you are a consumer and have submitted your registration form online or by post, you are entitled to a cooling-off period during which you have the right to cancel your Membership and receive a full refund from us of the Joining Fee. The cooling-off period is 14 calendar days, starting on the day after the date when we have confirmed both receipt of your Joining Fee and acceptance of your registration form. If you wish to cancel in this way, please contact us using our contact details set out in section 11 below. All refunds will be made in accordance with our Refund Policy. This right to cancel is in addition to your right to cancel set out in paragraph 7.2 above and does not affect your other legal rights.
8. Data Protection
8.1 You accept that we will hold any personal information you provide to us for the purposes of providing the services under the Charging Network.
8.2 We will also provide your relevant personal information to Electric Blue’s back office provider and other partners solely for the purposes of providing the services described in these Terms.
8.3 Electric Blue will collect data relating to your energy usage and times of use from its Charging Points. This data will be used in an anonymised form only to support analysis of charging activity and a copy will be made available to you upon request.
9.1 We may amend or replace any of these Terms in our sole discretion, for example in the event that the structure of the network changes (including changes to the charging and payment structure) or to comply with any law, policy or regulation, by posting a notice on our website or by sending you notice. If we make any changes to these Terms that are to your detriment, you will be entitled to cancel your Membership to the Charging Network upon written notice to us. In such circumstances, you will be entitled to a refund of a proportion of the Membership Fee in accordance with our Refund Policy.
9.2 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the applicable 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.
9.3 These Terms shall be governed by English law and we and you both agree to submit to the exclusive jurisdiction of the English courts.
10. Refund policy for the Joining Fee
10.1 Refund requirements
10.1.1 Refunds relating to the Joining Fee will only be considered to comply with the “right to cancel” contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, as amended (consumers only) This right must be exercised within 14 calendar days of purchase of Membership.
10.1.2 Refunds only apply in respect of the Joining Fee paid.
10.1.3 A refund will not be made in the following circumstances:
10.1.3.1 Where the Member’s rights to access the Charging Network have been terminated by Electric Blue in conjunction with paragraph 4.6 or 7.2.1 of these Terms or any replacement terms and conditions;
10.1.3.2 For business users attempting to exercise a right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
10.1.3.3 For the administration fee charged for the issue of a replacement Membership Card.
10.2 Requesting a refund
10.2.1 To request a refund you will need to contact Electric Blue explaining the reason for the refund using the details in section 11.
10.3 The value of the refund
10.3.1 The value of the refund (for consumers only) will be 100% of the Joining Fee if claimed within 14 calendar days of purchase.
10.4 Refund methods
10.4.1 Refunds will only be made to the individual who made the original purchase. If there is any ambiguity, Electric Blue reserves the right to request proof of identity to confirm this.
10.4.2 Refunds will be made by BACS payment. You will be contacted to obtain the following information from you:
10.4.2.1 Name of bank, bank account number, sort code and name of your account.
10.4.3 Refunds made via BACS will be delivered directly by Electric Blue.
10.5.1 A refund will result in the Membership Card being immediately deactivated from the date the refund payment is made unless notified otherwise.
10.5.2 Electric Blue aim to make a decision concerning the refund application, and to process the payment, within 10 working days of the request being received.
11. How to contact us
11.1 telephone on 01727 807 263;
11.2 email to: email@example.com