PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.

 

  1. Who we are and what this agreement does

We Purchase Direct Limited registered office Wallace House, 4 Falcon Way, Shire Park, Welwyn Garden City AL7 1TW license you to use:

as permitted in these terms.

  1. Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

  1. App Store’s terms also apply

The ways in which you can use the App and Documentation may also be controlled by the Apple App Store’s /Google Play Store’s rules and policies.

  1. Operating system requirements

This App requires a device with a minimum of 75MB of memory and either an Android or an iOS operating system.

  1. Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources in our FAQ.

Contacting us (including with complaints). If you think the App or the Services are faulty or wish to contact us for any other reason please email our customer service team at ev@purchase-direct.co.uk.

How we will communicate with you. If we have to contact you we will do so by email, by SMS, using the contact details you have provided to us.

  1. How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  1. You must be 18 to accept these terms and use the App

You must be 18 or over to accept these terms and buy the App. 

  1. You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service 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.

  1. Changes to these terms

We may need to change these terms to reflect changes:

We will give you at least 14 days’ notice of any change by sending you an SMS and/or an email 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 you will not be permitted to continue to use the App and the Service and you can cancel the contract with us.

  1. Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

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 the Services.

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

  1. If someone else owns the phone or device you are using

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.

  1. We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites 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).

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

  1. Providing the Services:

Definitions used in these Terms in relation to our Services:

Ad-Hoc Payment or PAYG: refers to ad-hoc payments or pay as you go, and is the payment mechanism for the provision of Services to our customers and Members in relation to the use of Chargers, the electricity supplied and any other Services provided by us to our customers and Members.

 Auto top-up: means the mechanism whereby you grant us permission under a Recurring Payment Authority to top up your Purchase Direct Account. This is done automatically from the debit/credit card you have assigned for Auto top-up payments.

Charger: the electrical charging equipment within our Purchase Direct network that you may use to recharge electric vehicles with electricity. Chargers connected to our network and available for use by you under these Terms will be identifiable from our Website and app or otherwise as indicated by signage on the Charger itself.

Fees: the amounts payable by you in connection with your use of a Charger and the electricity supplied by us to you in order to recharge your electric car. The Fees are calculated as set out in clause 15(a).

Purchase Direct Account: your account with us in which purchased Units are held. Any fees or charges you incur relating to the purchase of Services will be deducted from your Purchase Direct Account balance. You may purchase additional Units and these will be added to your Purchase Direct Account balance.

Recurring Payment Authority: means an arrangement you enter into with us and your bank, where you give us permission to take top-up payments from your debit/credit card as controlled by you. Such payments are only to add pay as you go credit (Units) to your Purchase Direct Account.

If you are using our App as a general consumer/customer of a car dealership:  we are providing a service for you to charge your car using Charger and you will be provided with the cost of charging your car. The App also allows you to locate car charging by using your location.

If you are using the App as our Member in relation to your business: you will be provided with data and an energy management report relating to each user who uses your electric charger to charge their car and the costs of each use of the charger. Full terms of our Service our set out in EV Software Customer Contract.

  1. Customer Registration, Accounts and Payment:

You will be required to complete a registration process to set up an account and provide certain data about yourself and (if required) your vehicle registration.

Note that we only accept:

All credit/debit card payments are subject to authorisation by your credit/debit card issuer.

      1. Charges
      • The Fee for using the Chargers is calculated based on the tariff of use of each Charger and will be based on the amount of electricity consumed, time at the Charger and the type of Charger used.
      • Our tariffs are displayed at each Charger and/or otherwise communicated prior to the provision of the Services, as updated from time to time. These tariffs include VAT.
      • On completion of a successful charge, you will receive notification of the charging event setting out the time of the charge, electricity consumed and cost to you of the charging event. Each charging event will also be set out in your Purchase Account information available online/ in the App. The Fee for each successful charge will then be deducted from your Purchase Direct Account.
      • We may charge you additional fees (“Overstay charges”) if your connection exceeds a specified period. The time after which such Overstay charges will be levied is referred to as the “Overstay period.” The Overstay period as well as the amount of the Overstay charges will be indicated on our Website/App and at the Charger. On the Website/App these will be shown on a location by location basis and will only be visible once you select a socket. An Overstay charge will be charged if you remain connected to the Charge Point for an Overstay period.

       

      1. Licence restrictions

      You agree that you will:

      • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
      • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
      • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
      • not 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 (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
      • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
      • is not used to create any software that is substantially similar in its expression to the App;
      • is kept secure; and
      • is used only for the Permitted Objective;
      • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
      1. Acceptable use restrictions

      You must:

      • not use the App or any Service 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, any Service or any operating system;
      • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
      • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
      • not 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; and
      • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
        1. Intellectual property rights

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

        1. Our responsibility for loss or damage suffered by you
        • If you are using this App as a general consumer/customer of a car dealership: We are responsible to you for foreseeable loss and damage caused by us. 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.
        • We do not 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.
        • When we are liable for damage to your property. 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.
        • If you are using this App as a general consumer/customer of a car dealership: We are not liable for business losses. The App is for your private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
        • If you are using this App as our Member in relation to your business: Save as indicated to the contrary above in relation to losses we do not exclude Purchase Direct Limited total liability in contract, tort, misrepresentation, restitution or otherwise to the Member arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total membership fees paid by the Member in respect of the Services and in relation to the energy management services provided by Purchase Direct Limited for the 12 month period prior to the date the Company is notified of loss by the Member.
        1. 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 problems with the App or the Service.
        2. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
        3. 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 and Services at any time by contacting you if you have breached 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.

        If we end your rights to use the App and Services:

        • You must stop all activities authorised by these terms, including your use of the App and any Services.
        • 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.
        1. We may transfer this agreement to someone else

        We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

        1. You need our consent to transfer your rights to someone else

        You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

        1. 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.

          1. 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.

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

          Even if we delay in enforcing this agreement, 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 agreement, 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.

          1. Which laws apply to this agreement and where you may bring legal proceedings

          These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

          1. If you have any problems or complaints about the App or the Services:
          • In the event that there is any defect with the Services or any Charger please contact us and tell us as soon as reasonably possible on the contact details above.
          • In certain instances we may not own the Charger and may not be directly responsible for their condition, upkeep or maintenance. We shall nevertheless endeavour to ensure that the Charger providers remedy any material defect as soon as reasonably practicable.
          • If you are using this App as a general consumer/customer of a car dealership: you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
          1. Your Rights to Cancel and Applicable Refund: Your Rights to Cancel and Applicable Refund
            • If you are using this App as a general consumer/customer of a car dealership: You may cancel your contract with us for the Services at any time with immediate effect by notifying us via email at ev@purchase-direct.co.uk. Your rights to cancel this contract are in line with your legal rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
            • If you cancel the contract within 14 days from the date we accepted your order although for digital content, although you can’t change your mind about digital content once we have started providing it (that is you have started to download the App.
            • Providing you have not started to download or use the App, if you cancel the contract after 14 days from date we accept your order we will refund the balance of any payment made to us which you have not used.
            • We will make any refunds to you within 14 days of notification of cancellation being received from you. We refund you by the method you used for payment.
          2. Our rights to cancel applicable to Members/Business Customers and general/consumer/customer of car dealership:
            • We may cancel our contract with you for the Services by terminating the EV Software Customer Contract shall terminate on the same termination date as the EV Software Customer Contract.
          1. 32. Both general customers/ customers of car dealership and Members/Business Customers: We may cancel the contract for Services at any time with immediate effect by giving you written notice if you breach the contract in any other material way and you do not correct or fix the situation within 30 days of us asking you to in writing.