Co Charger App: User Terms

Thank you for choosing Co Charger to promote a friendly neighbourhood network of owners of electric vehicle chargers (Hosts) and those wanting to use them (Chargees).

Co Charger is an online marketplace platform that enables Hosts to advertise the availability of their Charger to Chargees looking to use a Host’s Charger. Hosts can charge a Rate to Chargees for use of their Charger and the Chargee can pay this through the App upon completion of a charging Session.

Please read These Terms carefully as they govern your usage of the Co Charger App as a legally binding Contract.

These Terms apply to both Hosts and Chargees – although a few sections apply specifically to one or the other, as you will see. This does not mean the other user should not read those parts.

For the way we handle your personal data, please refer to our privacy policy here.

1. DEFINITIONS

Co Charger may also be referred to throughout These Terms as we, us, or our, and the following words and phrases will have the following meanings (Words only appear in bold in these definitions to distinguish them. They may not appear in bold throughout the rest of These Terms, but they still take the same meaning):

App – means the Co Charger mobile application software and the related electric documentation.

Account – means the part of the App requiring entry of information to register you as a User.

Booking – means the point at which a Host confirms a timeslot for a Session.

Chargee – means the User looking to use a Host’s Charger to charge their EV in a Session.

Charger – means the device used to charge EVs.

Contract – means the Contract between the Host and Chargee for the Chargee to use a Host’s Charger and pay the applicable Rate for doing so. We shall not be a party to this Contract, nor act as agent to either Host or Chargee.

EV – means the Chargee’s electric vehicle.

Host – means the User advertising the availability of their Charger on the App for use by a Chargee in a Session.

Our Fee – means the 12% commission we take from the Chargee’s payment for a Session Charge.

Parties – means the Host, the Chargee, and Co Charger.

Premises – means the property to which the Charger is fixed or stored.

Profile – means the publicly displayed part of a User’s Account where Hosts can advertise the availability and Rate of their Charger, and Chargees can display the details of their EV (for Charger compatibility checks) and Users can use the messaging service to contact each other.

Rate – means the amount of money the Host charges per unit of time in relation to a Session that the Host can set from time to time on their Profile. The Host is free to change their Rate at any time, but once a Session is booked, the Host cannot change the Rate for that Session until it is cancelled.

Session – means the period of time, the start of which being confirmed in a Booking, in which the Host’s Charger is connected and charging the Chargee’s EV, and the Chargee shall become liable to pay the Host for the amount of time the EV was charging at the Rate applicable for that Booking or until the EVs battery is fully charged.

Session Charge – means the sum payable by the Chargee through the TPPP upon the ending of a Session. The Session Charge payment sent to the Host will be subject to Our Fee, which will be made clear in the App or the TPPP’s software, systems, or terms.

These Terms – means this entire document and any linked or ancillary documents or wording mentioned in this document. If These Terms conflict with any other document mentioned, then These Terms shall prevail.

TPPP – shall refer to the third party payment processor, being Stripe or any other processor we may use from time to time to process payments on the behalf of all Parties in relation to the Chargee paying the Host and the taking of Our Fee from the Session Charge payment before being paid to the Host. For more information on payments and Stripe’s terms of use, please see clause 6.

User – means a Host or Chargee, or any other person accessing the App. Users may also be referred to as ‘You’

 

2. WHO WE ARE AND CONTACT INFORMATION

2.1 Co Charger Limited is a company registered in England and Wales under company number 12409523. Our registered office address is The Generator Hub Kings Wharf, The Quay, Exeter, Devon, England, EX2 4AN.

2.2 Our email address is [email protected]

2.3 Our phone number is 01392 240840 or 07941 888679.

2.4 We provide an online marketplace and trading platform between Host and Chargee, as described throughout These Terms. We do not act as agent to either Host or Chargee. For any agency relationship for payment processing, please refer to the terms of our TPPP – Stripe

 

3. REGISTRATION

3.1 You must be at least 18 years of age to register and use the App.

3.2 In order to use the App, every User must register as either a Chargee or Host and provide all information necessary to set up an Account and Profile, liaise with each other over the Booking of Sessions, and enable the TPPP to process payment transactions for Sessions, which may require the creation for an account with the TPPP.

3.3 The TPPP will require payment card details from the Chargee, and recipient bank details from the Host for the deposit of the Session Charge.

3.4 An email address and password is necessary to create and log back into an Account. Users are responsible for selecting and remembering a suitably safe and secure email address and password, and to keep these secret and confidential.

3.5 Users are responsible for all use of their Account, whether by them or a third party.

3.6 If you ever feel the security of your Account has been compromised, then please contact us immediately using our details under clause 2 and we will take all necessary steps with the Account to restore security, which may involve the deletion of the Account. Please note that we cannot guarantee the retention and accuracy of information held on deleted Accounts being transferred to a new Account.

3.7 We may suspend or delete your Account at any time if we suspect you are in breach of These Terms.

3.8 All Users are responsible for the continued accuracy of information on Accounts. Any User suspicious of the accuracy of information on another User’s Account should notify us of this.

3.9 The processing of all personal information required for an Account is covered under our privacy policy.

3.10 We ask that Users, particularly Hosts, keep their Account information of up to date to prevent inaccuracy of information, such as their address, in order to avoid breach of Contract

 

4. FOR HOSTS

4.1 The Host warrants to the Chargee that they are the legal and beneficial owner of the Charger, or to the extent that they are not, warrant to the Chargee that they have all necessary permissions and authority in place to enter into and give full effect to the relationship as agent to the legal and beneficial owner of the EV.

4.2 The Host also warrants to the Chargee that it has all necessary insurance policies in place to indemnify the Chargee of any damage, whether to property, personal injury or otherwise, that constitutes a valid insurance claim in relation to the normal activities performed under the Contract. This clause does not preclude the bringing of any claim by the Chargee against the Host under this Contract not covered by insurance.

4.3 In addition to all other provisions in These Terms, the Host agrees to use the App and conduct themselves in relation to its use in the following ways, to:

a) Ensure the specification of their Charger is accurately described and in safe and good working order to comply with any laws and regulations, insurance policies, and These Terms and the Contract;

b) Ensure the Premises and surrounding area is in a safe condition and does not pose any additional health and safety hazard above that to be reasonably expected during a Session (which, for the avoidance of doubt, does not take into account specific circumstances or features in relation to any particular Premises, including adverse weather conditions);

c) Subject to any other bookings, to make the Charger available for use up to 60 minutes before and during a Booking;

d) Conduct themselves in a polite and neighbourly fashion and be as helpful and as accommodating as possible in relation to the Chargee’s arrival and Session;

e) To make it clear to a Chargee any charges over and above the Session Charge that apply to EVs left beyond the Session, such as parking charges or the removal of the EV, which must be conducted lawfully and safely. It is entirely at the discretion of the Host and the Chargee to agree upon any such conditions, as These Terms do not provide for overstays once a Session has ended.

4.4 The Host agrees not to entice a Chargee or use the App in any way as to bypass our rights under These Terms to receive Our Fee for your use of the App. Breach of this will involve an investigation of your activity and a right accruing to us in compensation for Our Fee that would be due to us but for your breach, plus recovery costs.

 

5. FOR CHARGEES

5.1 The Chargee warrants to the Host that they are the legal and beneficial owner of the EV, or to the extent that they are not, warrant to the Host that they have all necessary permissions and authority in place to enter into and give full effect to the Contract as agent to the legal and beneficial owner of the EV.

5.2 The Chargee also warrants to the Host that it has all necessary insurance policies in place to indemnify the Chargee of any damage, whether to property, personal injury or otherwise, that constitutes a valid insurance claim in relation to the normal activities performed under the Contract. This clause does not preclude the bringing of any claim by the Host against the Chargee under this Contract not covered by insurance.

5.3 In addition to all other provisions in These Terms, the Chargee agrees to use the App and conduct themselves in relation to its use in the following ways, to:

a) Satisfy themselves that by the information provided by the Host in relation to the Charger, that the Charger is suitable and compatible for the EV. Chargers will normally be wall mounted with an accompanying cable and plug, but may require the Chargee to use their own cable and plug, or a ‘granny cable’. A Host may refuse use of a Charger if it is incompatible with the EV, or could be foreseen as being misused in any other way;

b) Ensure their EV at all times when using the App complies with all laws and regulations, including but not limited to roadworthiness, vehicle tax and insurance;

c) Ensure at all times when using the App that they comply with all laws and regulations, including but not limited to a suitable driving licence and insurance, and not under the influence of drugs or other intoxicating or debilitated state as to render their use of the EV unsafe;

d) Arrive at any Premises the Charger is situated at in a safe and orderly fashion no earlier than 60 minutes before the time of the booked Session, but no later than this time in order for the EV to be plugged in to the Charger by this time to start the Session in line with the Booking;

e) Not conduct themselves in any antisocial way, including the playing of any loud or offences music;

f) Conduct themselves in a polite and neighbourly fashion;

g) Only use the Charger as permitted by normal and safe operating standards. If the Chargee is ever unsure of how to use the Charger correctly, then they should enquire with the Host. If there is any foreseeable risk that use of the Charger will pose a health and safety hazard, such as a damaged charging port or cable, then the Chargee must not connect the Charger and should cancel the Session in line with the cancellation policy in clause 7;

h) Once the EV is stationary and in a position to be connected to the Charger, prior to connecting the Charger, using a smartphone or other device capable of capturing and sending digital photos, the Chargee must take a photo of the EVs dashboard or other place showing the percentage of current charge immediately before starting the Session. The percentage of charge must also be entered into the App when prompted to do so;

i) Immediately before connecting the Charger to the EV, press the ‘start’ button on the App for that Session;

j) Ensure the EV is safe and secure to be left and unoccupied during the Session, and does not pose any additional health and safety hazard above that to be reasonably expected during a Session (which, for the avoidance of doubt, does not take into account specific circumstances or features in relation to any particular Premises, including adverse weather conditions);

k) Arrive back at the EV and Premises in a timely manner to disconnect the Charger immediately after the Session ended, or at any reasonably earlier time, but not to remain at the Host’s Premises in any way as to reasonably be considered loitering, causing a nuisance, or unwelcome by the Host in any other way;

l) Promptly remove the EV once a Session has ended. If an EV is left at Premises after a Session has ended, it is entirely at the discretion of the Host and the Chargee to agree upon any conditions for the parking of the EV, which may result in parking charges or the Host removing the EV at cost to the Chargee, although These Terms do not impose any penalties if the Chargee fails to comply with this subsection;

m) Provide the end details of a Session in the App within one hour of the Session ending, so that the Session Charge may be calculated and confirmed. Failing to do this within the hour will result in the default calculation of a full battery charge reached from the percentage of charge confirmed before starting the Session;

n) Unless a Session has been booked in order to charge the EV to 100% battery from the starting percentage prior to starting the Session, then the Chargee should take another photo showing the percentage of charge reached at the end of the Session in order to support the numbers entered into the App in calculating the Session Charge;

5.4 Not to entice a Host or use the App in any way as to bypass our right under These Terms to receive Our Fee for a Session. Breach of this will involve an investigation of your activity and a right accruing to us in compensation for Our Fee that would be due to us but for your breach, plus recovery costs.

 

6. PAYMENTS

6.1 Payments are processed by our TPPP. Their terms can be found here and may also be displayed on payment processing pages. They are set and enforced by the TPPP and we have no control over them.

6.2 It is the Host’s responsibility to set their own pricing Rate. Once a charging Session has been booked, the Host cannot change the Rate for that charging Session.

6.3 Upon the ending of a Session, as described in clause 5.3 n), the Chargee’s payment card will be debited by the TPPP for the Session Charge. The TPPP will send us Our Fee and the remainder of the Session Charge will be sent to the Host in a timely manner.

6.4 We warrant that we have provided sufficient instructions to the TPPP to process payments as described above. We cannot be held liable for any failure by the TPPP to process payments as described above.

 

7. CANCELLATION POLICY AND CLOSING OF ACCOUNTS

7.1 Both Host and Chargee must endeavour to honour bookings and Sessions, and we encourage Users to give at least 12 hours’ notice of a cancellation or amendment.

7.2 We do not enforce cancellation policies, and it is entirely at the Host’s discretion as to how they deal with cancellations, but we give Hosts the option of charging for all or some of the Session Charge that was due.

7.3 Any Host cancellation policy should be clearly communicated by the Host in writing, preferably using the messaging service on the App. Host cancellation policies and charges will be hard to enforce if not in writing. Either way, we cannot enforce such policies, which are entirely down to the discretion of the Host, and nor shall we be liable for payment of any charges beyond the normal processing of the TPPP for Session Charges.

7.4 Accounts can be closed at any time, but any Session Charges and other rights and obligations under These Terms accrued up to closure will be unaffected.

7.5 Should any additional terms agreed between Host and Chargee conflict with These Terms, These Terms shall prevail

 

8. COMPLAINTS AND DISPUTES

8.1 Much like the cancellation policy above, disputes between Users are to be handled directly unless the dispute concerns a material breach of our rights under These Terms. In which case, we may have to take legal action jointly with a User against the party in breach.

8.2 Although Users should work with each other to resolve disputes, we ask that they provide us with details of the nature of the dispute, particularly anything concerning the follow:

a) The Charger being unavailable for the anticipated Session;

b) The Charger not being as described by the Host, which resulted in safety or incompatibility issues with the EV;

c) The Charger not working;

d) A Host believing a Chargee is being dishonest about the time their EV was being charged.

8.3 If a complaint is about our conduct or the functioning of the App, then please use the contact details in clause 2, making the complaint in writing by letter or email and addressing the complaint to director Joel Teague. We will use our best endeavours to respond within 2 working days and resolve the complaint to your satisfaction.

 

9. LIMITATION OF LIABILITY

9.1 We only act as an independent neutral service provider, and shall not be subject to any principal/agent relationship. Host and Chargee act on their own behalf to negotiate a Contract to rent a Charger using the App as an online trading platform, and we shall not be party to, nor liable to either Host or Chargee, for performance of that Contract.

9.2 These Terms do not create liabilities and obligations beyond that imposed by the normal laws of England and wales in relation to EVs and other property being left at Premises entirely at the owner’s risk, save as to any damage caused by a criminal act or negligence of any of the Parties.

9.3 Both Chargee and Host warrant to the other and Co Charger that the information provided in their Account and Profile and in all correspondence in relation to a Booking are true and accurate, and not misleading in any way.

9.4 All Account information and User correspondence is provided by the User and we cannot accept liability for such information.

9.5 Users are responsible for familiarising themselves and complying with all laws, rules, regulations and contracts with third parties, such as insurers, in relation to These Terms and the Contract.

9.6 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

9.7 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of any problems with the App.

9.8 Subject to all other provisions in These Terms limiting our liability, if we fail to comply with These Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking These Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted These Terms, both we and you knew it might happen.

9.9 Nothing in These Terms limits liability where it would be unlawful to do so. This includes liability for death or personal injury caused by any party’s negligence, including the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

9.10 We are not liable for business losses. Our liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in Contract, tort (including negligence), misrepresentation, restitution or otherwise, is limited only to the value of any fees paid by you for a Session.

9.11 The App does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.

9.12 The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the App and the App store) meet your requirements.

9.13 If our provision of the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

 

10. CONFIDENTIALITY

10.1 Whilst much of the information provided by Users in their Accounts is covered by our privacy policy in relation to our use of it, all Parties must keep information from other User’s Accounts and messages confidential, except as required by the police, a court of competent jurisdiction, or emergency healthcare professionals.

10.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

11. GENERAL

11.1 We may need to change These Terms to reflect changes in law or best practice, or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes, then you must contact us with any concerns you may have about the changes, and we will try our best to resolve any issues you may have.

11.2 These Terms of service are meant to be read as a whole document. Each clause heading and subheading is merely there for guidance and shall not affect the interpretation of These Terms.

11.3 We reserve the right to transfer and/or assign our rights and obligations under These Terms by way of novation through any future merger or acquisition, or anything else. You hereby agree to any future novation providing it will in no way affect your rights and obligations under These Terms. You may only transfer your rights or your obligations under These Terms to another person if we agree in writing.

11.4 These Terms of service shall create no third party rights, authority, benefits, or enforceability, including any implied by the Contracts (Rights of Third Parties) Act 1999.

11.5 If any part of These Terms remains to be enforced, this does not preclude any Party from enforcing that part at a later date and should never be interpreted as a waiver in any way or to mean that any other part of These Terms will not be enforced.

11.6 If any part of These Terms is found to be unlawful, illegal, invalid or unenforceable, These Terms will be read to the severance of those parts, unless doing so would substantially frustrate the purpose of These Terms and create liabilities too detrimental and onerous to any Party. In which case, These Terms shall be terminated without giving any rise to further liabilities, but subject to all enforceable rights accruing up to the date of termination.

11.7 Any waiver, side agreement, or annexation to These Terms must be affected and agreed to in writing by the Parties to clearly relate to These Terms.

11.8 These Terms are governed by the exclusive jurisdiction of the courts of England and Wales.

 

THE FOLLOWING PARTS OF THESE TERMS APPLY TO THE LICENCE WE GRANT YOU TO USE THE SOFTWARE IN THE APP.

 

12. THE APP STORE’S TERMS ALSO APPLY

12.1 The ways in which you can use the App may also be controlled by the App store from which the App was downloaded.

13. OPERATING SYSTEM REQUIREMENTS

13.1 This App requires any type of mobile telephone or handheld device with a minimum of 13.3MB of available memory and an operating system of IOS 10 or later or Android 5.0 or later.

14. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

14.1 If you want to learn more about the App or have any problems using them, then please take a look at our support resources on our website.

14.2 If you think the App is faulty or misdescribed, or wish to contact us for any other reason, then please use our contact details in clause 2.

14.3 If we have to contact you, we will do so by email, SMS message or by pre-paid post, using the contact details you have provided in your Account.

 

1. HOW YOU MAY USE THE APP

15.1 In return for you agreeing to comply with These Terms, Users may:

a) Download or stream a copy of the App onto any number of hand held devices, and view, use and display the App on such devices for your personal purposes only. In addition, you may share the App in accordance with the rules set out in the App store’s rules on family sharing.

b) Use the App exactly as directed by us within the App’s User guide and These Terms.

c) Provided you comply with These Terms, make any number of copies of the App for back-up purposes only; and

d) Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

 

16. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

16.1 We are giving you personally the right to use the App as set out above in clause 15. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App to someone else, whether for money, for anything else, or for free. If you sell any device on which the App is installed, you must remove the App from it beforehand.

 

17. CHANGES TO THE APP

17.1 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.

17.2 The App will always work with the current or previous version of the operating system (as it may be updated from time to time).

 

18. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

18.1 If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with These Terms, whether or not you own the phone or other device.

 

19. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

19.1 By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.

 

20. WE WILL COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

20.1 The App makes use of location data sent from your devices. For instance, if you’re a Host, then your name and address become visible to Chargees via the App’s map. The Host can toggle ‘on’ and ‘off’ whether their address appears on that map, and whether their existence is even visible on the map. (e.g. for when a Host has enough Chargees.)

20.2 By turning on location services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

 

21. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

21.1 The App may contain links to other independent websites and service providers (such as our TPPP) which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any apply).

21.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to install any products or services offered by them.

 

1. LICENCE RESTRICTIONS

22.1 You agree that you will:

a) Except in the course of permitted sharing (see clause 15 HOW YOU MAY USE THE APP) 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;

b) Not 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;

c) Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in These Terms;

d) Not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App, nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary for your use of the App, provided that the information obtained by you during such activities:

i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the objective described in this subsection d); and

ii) is not used to create any software that is substantially similar in its expression to the App;

iii) is kept secure; and

iv) is used only for the objective described in this subsection d).

e) Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

 

1. ACCEPTABLE USE RESTRICTIONS

23.1 You must:

a) Not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with These Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;

b) Not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by These Terms);

c) Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

d) Not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and

e) Not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App.

 

24. INTELLECTUAL PROPERTY RIGHTS

24.1 All intellectual property rights in the App throughout the world belong to us 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.

 

25. WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS

25.1 We may end your rights to use the App at any time by contacting you if you have broken These Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

25.2 If we end your rights to use the App:

a) You must stop all activities authorised by These Terms, including your use of the App;

b) You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have, and confirm to us that you have done this.

c) We may remotely access your devices and remove the App from them and cease providing you with the App and related services.