Legal
MetisCharge Terms and Conditions
MetisCharge is an electric vehicle recharging network owned and operated by METIS CHARGE LIMITED registered in England under company number 14928375. Our registered office is Prennau House Copse Walk, Pontprennau, Cardiff, Wales, CF23 8XH.
In order to register with us and begin receiving services, you must agree to these Terms upon registering by selecting a tick box to show that you have fully read and understood the Terms.
Before using the App, the Website, and the Services, you should read these Terms carefully. They contain important information about the steps you must take to keep your account secure, restrictions on using the Services, how we or you can end the Services and the limitations on our liability to you. If you do not agree to these Terms and Conditions, you must not access, or must stop accessing, the Services, the Website, and the App.
1. INTERPRETATION
1.1 In these Terms, the following words and expressions shall have the following meanings:
Account: means a user account held with us in your name for the purposes of paying for the Services via the App;
App: means our MetisCharge smart phone application through which the Services are provided;
Applicable Laws: means any applicable law, statute, statutory instrument, bye-law, regulation, order, regulatory policy, binding guidance or industry code, rule of court or directives or licences or requirements of any Competent Authority, any applicable judgment of a relevant court which changes a binding precedent or any delegated or subordinate legislation or any binding notice of any competent authority;
Cancellation Period: means within 14 days of the Commencement Date;
Charging Bay: means the car parking bay/area allocated for a customer to make use of the Services;
Charge Point: means the equipment identified as part of the Services and used by you to recharge electric vehicles with electricity;
Charges: means charges in respect of the Services, as published on our App, Charge Points or which we otherwise provide. These include:
a) User Charges;
b) Overstay Charges;
c) Supplementary Charges;
d) Charges for third party Services (billed after use);
e) any other Charges for the Services provided to you or someone using your App, Payment Card, RFID Card, or Website login;
Clenergy EV: means Clenergy EV Ltd, a company registered in Wales under company number 10932260 whose registered office is at The Mill House Erw Hir, Llantrisant, Pontyclun, Wales, CF72 8BY;
Commencement Date: the date of this Agreement being entered into, this being: the date of your acceptance or use of the App, RFID Card, the Website, or any Services, whichever is the earliest.
Customer: means a customer who is using the charging facility;
Data Protection Legislation: means (i) the Data Protection Act 2018 (“DPA”), (ii) the General Data Protection Regulation, Regulation (EU) 2016/679 (“GDPR”), as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time) (the “UK GDPR”); (iii) the Privacy and Electronic Communications (EC Directive) Regulations 2003 and (iv) any laws which supplement, implement, amend, replace, extend, re-enact or consolidate any of the foregoing;
EV Network: means the network of Charge Points operated by us which are accessible to and available for use by the general public;
Force Majeure Event: means any event or circumstance, or any combination of events and/or circumstances, the occurrence of which is beyond the reasonable control of, and could not have been avoided by steps which might reasonably be expected to have been taken by, a Party (the “Affected Party”) and which causes or results in the failure of the Affected Party (acting as a RPO) to perform or delay in performing any of its obligations owed to the other Party under this Agreement, including but not limited to:-
a) war declared or undeclared, threat of war, act of public enemy, terrorist act, blockade, revolution, riot, insurrection, civil commotion, public demonstration, sabotage;
b) act of God;
c) strike, lockout, or other industrial disturbance;
d) explosion, fault or failure of plant, equipment or other installation, which the Affected Party could not prevent or overcome by the exercise of the degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person engaged in the same kind of undertaking under the same or similar circumstances;
e) governmental restraint; or
f) a major emergency incident;
Live Map: means the live map on the Website and the App which outlines the current Charge Points available for use on the EV Network which are open and available to the public.
Overstay Charges: means fees charged for leaving a vehicle parked inside or near a Charging Bay and obstructing the Charge Point for longer than the time permitted by the Charging Bay. This information, if applicable, will be displayed on signage at Site, on a Site-by-Site basis.;
Payment Card: means a credit or debit card issued by a financial institution allowing the holder to borrow or use existing funds in their bank account;
Personal Data: shall have the meaning given to it in Data Protection Legislation;
RFID Card: means an optional Radio Frequency Identity Card an optional card provided by us to identify you which is suitable for use by you at the Charge Point to use the Services and which is linked to your Payment Card;
Services: means the services to be provided to you by us under these Terms, including the provision of access to use Charge Points on the EV Network for the purpose of charging an Electric vehicle, and services provided by us via the Website and through the App;
Site: means the land or property on which a Charge Point which forms part of the EV Network is located;
Site Owner: means the landlord or occupying tenant of a Site;
Supplementary Charges: means additional fees beyond the Charges which may include, but not be limited to, reservation fees or fees or fines that may be due for your use of the Charge Point;
Terms: means these terms and conditions upon which we supply the Services to you;
VAT: means Value Added Tax;
We, our or us: means Metis Charge Limited, a company registered in England under company number 14928375 whose registered office is at Prennau House Copse Walk, Pontprennau, Cardiff, Wales, CF23 8XH;
Website: means the website operated by us through which the Services are provided, registered under the domain name www.metischarge.co.uk; and
You or your: means the person using the App, RFID Card, Payment Card, or Website to engaging a Charging Service.
2. INTRODUCTION
2.1 These Terms in this document relate only to your rights whilst using the EV Network. Should you receive other services from us, you will be required to accept additional terms and conditions.
2.2 Use of the Services is subject to our approval, at our discretion, and may only be available to eligible customers.
2.3 If you have any questions about these Terms, or wish to notify us of any of the matters referred to in these Terms, please contact us by email on hello@metischarge.co.uk or by phone on 0330 018 1339 during normal working hours.
3. COMMENCEMENT AND TERM
3.1 This Agreement will commence on the Commencement Date.
3.2 Unless we tell you otherwise, we will continue to supply you with the Services until we or you end this agreement in line with clause 13.
4. SETTING UP AND USING YOUR ACCOUNT
4.1 To use the Services by registering as a user with us, you must:
4.1.1 create an Account on our Website or the App to allow you to access the Services; and
4.1.2 have an internet-enabled, eligible mobile device which is connected to the internet and uses a software version that supports the App.
4.2 To use the Services by on a pay as you go basis, you may either:
4.1.1 use the App as a guest to allow you to access the Services (in which case you will be asked to provide your payment card details to us to be able to make payment of the Charges and you must have an internet-enabled, eligible mobile device which is connected to the internet and uses a software version that supports the App); or
4.1.2. access the Services by making contactless payments.
4.3 You must ensure that all information that you provide when you create an Account and use the Website or the App is accurate, up to date and not misleading.
4.4 You may incur and are solely responsible for charges from your mobile phone network operator for downloading and using the App and the Services.
4.5 After completing the sign-up process within clause 4.1:
4.5.2 You will be asked to register Your payment card details with us to be able to add credit to your Account. You will need to top up your credit before you can start using the Services.
4.5.1 You may wish to order an RFID Card in order to operate the Charge Points. The purchase of RFID Cards is priced at a one-off £6 fee. The RFID Card you purchase will be connected to the account you have created, and your use of the Services will be assigned to it, regardless of the vehicle that you charge.
4.6 Notwithstanding clause 4.5.2, you may choose to use the network without an RFID card. This can be done by using the App. Once you are registered in accordance with clause 2.1, you will be able to log into the App using your Account
6. KEEPING YOUR ACCOUNT SECURE
6.1 When you set up your Account, you will be required to create an Account password. We will ask you for your name, email address, phone number and payment credentials and you must provide accurate and complete information in response to such questions.
6.2 If you add details of your payment credentials into the App, such details are collected, stored, and processed on our behalf by a third-party company, which is an FCA authorised payment services provider and is subject to data privacy measures.
6.3 You are responsible for ensuring that:
6.3.1 you are the only person that uses your Account;
6.3.2 you only log onto the Website or the App on one device at any time;
6.3.3 your password or passcode is kept secure and that you do not tell anyone else your Account password or login details; and
6.3.4 Your Account information is updated if your details change.
6.4 For the avoidance of doubt, we are under no obligation to check that any instruction or confirmation made through your Account is from you and we are not liable for any loss or damage arising from your failure to keep your Account details secure.
6.5 You must notify us as soon as possible if the security of your Account is compromised due to:
3.4.1 your mobile device being lost or stolen;
3.4.2 your password and/or passcode becoming or likely to become known by another person; and/or
3.4.3 unauthorised access to your Account.
6.6 You acknowledge that we will not have any obligation to notify your bank of any actual or suspected fraudulent or unauthorised activity on your Account, or to take any action on your behalf in respect of such activity.
6.7 We may implement, update, or add any security measures we deem appropriate for the Website or the App at any time.
6.8 The security of your Account is important to us. However, we cannot guarantee that the Website or the App will always be secure or that it will be free from viruses or other harmful programmes. You acknowledge that you are aware of, and accept this risk, including, without limitation, the risk that a third party may gain access to your Account which contains personal and confidential information.
7. THE SERVICES
7.1 The App has not been developed to meet each Customer’s individual requirements. You must check that the facilities and functions of the App (as described on the app store) meet your personal requirements.
7.2 By accessing the Services under clause 4.1 or 4.2, you will have access to any of the publicly accessible Charge Points operated by us, in addition to any Charge Points owned and operated by any other service provider with whom we hold a current and valid roaming contract. In such cases, you will be asked to sign up to those service providers’ terms and conditions.
7.3 Not every Charge Point operated by us is available for public use and you may find one that is reserved for private use. If you are unsure whether you can use a certain Charge Point, you can contact us or check the Live Map.
7.4 We cannot guarantee the performance, functionality, or continuous availability of Charge Points on the EV Network. Service from Charge Points on the EV Network can be interrupted for a number of reasons, including cellular telecommunications issues, grid connection and other electrical issues as well as additional matters that are not within our control.
7.5 We cannot guarantee that the Website or the App will always be available or fault-free. Whilst we strive to provide the most accurate information possible through the Website and the App, including through the Live Map, we cannot guarantee that the information provided through these platforms is correct or up to date, as it can be affected by telecommunications issues, grid faults or other matters that are not within our control.
7.6 If you encounter an issue with the Services, the Website, or the App, please contact us to let us know via email at hello@metischarge.co.uk. We try to resolve any issues as soon as reasonably practicable after becoming aware of them.
8. CHARGES
8.1 You agree to pay the Charges in exchange for the Services.
8.2 The User Charges for every Charge Point are listed on the Website and the App. Tariffs will be charged on a p/kWh or fixed fee basis, however, please refer to the Website or the App to check the User Charges in relation to individual Charge Points. Where the use of a Charge Point incurs a User Charge, the written instructions at the Charge Point will also display this information.
8.3 If the credit on your Account falls below £0, you will be required to top up your credit before you can begin to charge your vehicle using credit. Alternatively, you can select our “pay as you go” option.
8.4 All payments made in respect of Charges through the App and all credit added to your Account is non-refundable unless you cancel the Agreement during the Cancellation Period in accordance with Clause 5 and you are entitled to a refund in accordance with that clause. Otherwise, Charges in respect of any Services already used shall be non-refundable.
8.5 The following Supplementary Charges may apply:
8.5.1 Charge Points may have Supplementary Charges applied for their use. If Supplementary Charges apply, these will be listed on our website and on any written instructions at the Charge Point.
8.5.2 Overstay Charges may be charged if drivers stay in the bays for longer than what is allowed for at each Charging Bay, any may be applied by us or the Site Owner.
9. YOUR OBLIGATIONS AND RESTRICTIONS ON USE
9.1 You agree in relation to the Services, the Website, and the App that:
9.1.1 you will not use the App while you are driving;
9.1.2 you will not use the EV Network, RFID Card, the Website or the App for any unlawful purpose, in any way that interrupts, impairs, damages the Network, the Website or the App or renders each less efficient, or to transfer files that contain viruses, trojans or other harmful programmes, to access or attempt to access the accounts of other Account holders or to penetrate or attempt to penetrate any security measures;
9.1.3 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); and
9.1.4 you will not do anything we reasonably consider to be disreputable or capable of damaging its reputation the EV Network, RFID Card, the Website or the App or the Services.
9.2 You agree in relation to the Services that:
9.2.1 you will not assign or otherwise transfer your Account to any third party;
9.2.2 you will use all Charge Points safely, in a responsible manner and with reasonable care and skill;
9.2.3 you will not sell all or any part of the Services to anyone else. The Services must only be used for your personal non-commercial use;
9.2.4 you will co-operate with us and any associated parties in all matters relating to the Services;
9.2.5 you will not tamper with the Charge Point; and
9.2.6 you will comply with all terms and conditions, or instructions from us or any third party which are brought to your attention at the Charge Point, on the Website or the App, when you are setting up your Account or using the Website or the App, including the third party terms referred to within clause 12.
9.3 You must not use the Charge Points or Charging Bays in which they are located for any other purpose than charging an electric vehicle. You must not connect any equipment (including any cables or connectors) to a Charge Point other than those assigned for this purpose.
9.4 You are solely responsible for ensuring that the electric vehicle that is charged at a Charge Point shall be fit for purpose and compatible for connection with the Charge Point.
9.5 You must ensure that once your vehicle is fully charged, you remove the vehicle to ensure it does not obstruct access to the Charge Point for other users. Failure to do so may result in you incurring Overstay Charges.
9.6 It is your responsibility to ensure that you are parked within any local restrictions put in place at each site. Any Supplementary Charges which amount to fees or fines additional to any User Charges that may be due for your use of the Charge Point are payable by you.
10. DATA PROTECTION
10.1 These Terms incorporate our Privacy Notice. Our Privacy Notice sets out the ways in which we will collect, store and process personal data (including for marketing purposes) relating to your use of the Website, the App and the Services, and your rights under data protection law in relation to your personal data. Please read the Privacy Notice carefully.
10.2 The Live Map uses the location services provided by your mobile device’s native operating system for the purposes of helping you locate a Charge Point. To use the Live Map, you consent to us and/or the third-party service provider, who is providing the location and map services embedded in the Website or the App, accessing information about your current location by enabling location services through the permission system used by your computer or mobile device’s native operating system.
11. INTELLECTUAL PROPERTY
11.1 We own or have obtained a valid licence to use all copyright, trademarks, and other intellectual property rights in connection with the Website or the App and the provision of the Services. All rights of ownership over and in respect of the Website or the App (other than the right to use the Website or the App in accordance with these Terms), will remain solely with us and/or our licensors.
11.2 Any use of the Website or the App in any manner not permitted under these Terms, including without limitation, resale, transfer, modification, or distribution of all or part of the Website or the App is prohibited.
11.3 We are not required to provide any documentation, support, telephone assistance, or enhancements or updates to the Website or the App.
12. THIRD PARTY TERMS
12.1 We use third party applications, software and services for the Website and the App, including products provided by Clenergy EV. This includes, but is not limited to, payment services, identity management services, location and map services software, market analytics software, market intelligence software, and rewards program software, all of which may gather and report information about you in connection with your use of the Website or the App (such as location information, device information and user content).
12.2 When you use the Website or the App, you are agreeing to our use of such third-party applications, software, and services. You are also agreeing to any applicable terms of use, licenses, or privacy policies related to such third-party software and services. It is your responsibility to ensure that you comply with any related third-party terms, including the third-party privacy policies notified to you in our Privacy Statement, and that you are aware of any third-party privacy policies that may apply to you, in conjunction with these Terms.
12.3 We will work with all parties to ensure any issues that are reported are dealt with and resolved as soon as reasonably practicable. We accept no liability for the supply of services by third parties and are not accountable for any delays in resolution that their involvement may incur.
13. YOUR CANCELLATION RIGHTS
13.1 In line with the Consumer Contracts Regulations 2013, if you have created an Account, you may cancel these Terms within the Cancellation Period. The easiest way to do this is by emailing us at cancellations@metischarge.co.uk, stating “Account Cancellation” within the subject line of your email.
13.2 Alternatively, you may cancel the Services at any time by not using the Services.
13.3 To meet the withdrawal deadline specified within clause 13.1, you must send your communication under clause 13.1 before the Cancellation Period has expired.
13.4 If you have paid any Charges in advance during the Cancellation Period, we will issue you a partial refund based on use of the Services during that time by you under your Account. Charges which you have paid in respect of any Services already used shall be non-refundable.
13.5 Further advice regarding your statutory right to cancel is available from your local Citizens’ Advice Bureau or Trading Standards office.
14. TERMINATION
14.1 In order to request the termination of these Terms after the Cancellation Period, you must contact us by email to cancellations@metischarge.co.uk, stating “Account Termination” within the subject line of your email.
14.2 We reserve the right to suspend or immediately cancel these Terms, your access to the EV Network, any of the Services, any functionality of the Website or the App, or your specific Account, with or without cause or notice, at any time.
14.3 Where we suspend or cancel these Terms or your Account as a result of you breaching these Terms, you will not be permitted to create a new Account to circumvent such suspension or cancellation.
14.4 From the date of suspension or cancellation of these Terms, you shall not be able to access the EV Network for the purposes of charging your electric vehicle.
14.5 Following termination of these Terms or your Account, all provisions of the Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, limitations of liability.
14.6 Upon termination or cancellation of these Terms, we must keep certain information to comply with legal and financial regulations.
15. CHANGES TO THE WEBSITE OR THE APP
15.1 We may change the format, content and/or functionality of all or any part of the Website or the App at any time. If we need to undertake any maintenance activity, you may not be able to use all or part of the Website or the App while we complete this activity.
15.2 Updates to the App may be issued from time to time. Depending on the update, you may not be able to use all or part of the App until you have downloaded the latest version of the App and accepted any new terms or downloaded and updated your phone’s software or operating system. If your phone is unable to update to the operating system required for the new version of the App, you may no longer be able to use the App.
16. LIABILITY
16.1 We are providing the Services and the Website or the App to you “as is” and you are using the Services, the Website, and the App at your own risk. To the extent permitted by law, all warranties, and conditions, whether express, implied, or statutory with respect to the Services, the Website and the App are excluded.
16.2 Our liability to you regarding damages and losses arising in connection with this contract shall be limited to £1,000, excluding our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
16.3 We shall not be held liable for any consequential loss or damage, including, without limitation loss of profits, loss of income and loss of turnover, arising from or relating to the performance of its obligations with respect to the Services, the Website, or the App.
16.4 To the extent permitted by law, in no event will we, nor our directors, employees, agents, partners or any other party involved in creating, producing or delivering the Services, the Website or the App, be liable under contract, tort (including negligence) or otherwise under or in connection with these Terms and/or your use of or inability to use the EV Network, the Website or the App or any of the Services. This applies, without limitation, to any loss or damage which you, may suffer as a result of or in connection with:
16.4.1 any failure or defect of, or damage caused by, any Charge Point on the EV Network;
16.4.2 any changes to the number or locations of Charge Points on the EV Network;
16.4.3 third party damage to Charge Points, vehicles, or any other third-party property;
16.4.4 any out of date or incorrect information displayed on the Website or the App;
16.4.5 any third-party software and services embedded in the Website or the App, including payments services (see clause 7 above);
16.4.6 any bugs, viruses, trojans, or the like (regardless of the source of origination);
16.4.7 the actions or inactions of other the Website or the App users;
16.4.8 suspension or loss of access to the Website or the App or any functionality;
16.4.9 unauthorised use or misuse of your Account for any reason where we have not received written notice in accordance with clause 6.5;
16.5 You will be responsible to us for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against us by any other person as a result of your use of the Network, any unauthorised access to your Account and/or your use of the Website or the App in breach of these Terms or any third party terms.
16.6 You acknowledge that the use of the Website and the App is provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.
17. GENERAL
17.1 We may amend these Terms from time to time by publishing an updated version on the Website and in the App. Please check the terms published on the Website and in the App periodically for changes. Your continued use of the Website or the App following publication of updated Terms confirms your acceptance of the updated Terms.
17.3 Both Parties will comply with all Applicable Laws.
17.4 These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
17.5 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
17.6 Our failure to exercise any right shall not be deemed a waiver of that right or any other rights that we may have.
17.7 If you live in England or Wales when you agree to these Terms, these Terms will be governed by and construed in accordance with English and Welsh law. If you live in Scotland when you agree to these Terms, these Terms will be governed by and construed in accordance with Scots law. Your local courts (e.g., Scottish courts if you live in Scotland) will have jurisdiction to hear any disputes or claims (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.