GOPLUGABLE – TERMS AND CONDITIONS FOR HOSTS

The GoPlugable application (the App for short) is an online marketplace that allows individuals or companies to advertise their EV charger and/or parking spaces and allows drivers who wish to use an EV charger and/or parking space to book and pay for specified charging sessions using those EV chargers or parking sessions using those parking spaces. 

References to the App include, where the context permits, the related documents we publish connected to the App, services we provide through the App as well as any browser based online portal through which you may access any functions of the App in future. 

This document and the other documents that we reference below make up our terms and conditions (the terms for short) for individuals or companies, located in the United Kingdom or the Republic of Ireland, who advertise their EV Charger on the App (you, your or a host, for short) and agree Bookings via the App from customers or drivers for charging sessions or parking sessions (chargees for short).  

1. Interpretation and Definitions

In these terms, the following definitions also apply:

Account means your account with us on the App.

App has the meaning set out above.

Booking means a contract between the host and driver for the driver to use a host’s EV charger or parking space and to pay the applicable rate for doing so, which comes into effect at the point at which a host confirms the booking for the charging session or parking session.

charges means the fees payable by you for the charging session or parking session, as further provided for in these terms and in the Booking.

charging period means the period of time during which the host’s EV charger is connected and charging the driver’s EV, as further specified (with relevant start and end dates and times) in the Booking. 

driver has the meaning set out above. 

charging session means the physical connection of a driver’s EV to the EV charger over the duration of the charging period

EV means the driver’s electric vehicle (or ICE or other vehicle where drivers are simply booking and using parking spaces via the App).

EV charger means a device used to charge EVs, which is owned or controlled by you.

host, you or your has the meaning set out above. 

location means the location at which your EV charger is fixed or stored, or the parking space located.

parking space means a vehicle parking spot at the location. 

parking session means physical parking of your EV at the parking space. 

parking period means the duration of the parking session, as further specified (with relevant start and end dates and times) in the Booking.

Privacy Policy has the meaning set out in section 3 below. 

Services has the meaning set out in section 3 below.

terms has the meaning set out above. 

we, us or our means Power Rangers Ltd T/A GoPlugable, as set out in section 2 below. 

2. Who We Are and Contacting Us

GoPlugable is an application that is operated by Power Rangers Ltd T/A GoPlugable (we, us or our). We are registered in the Republic of Ireland under company number 746631 and have our registered office and main trading address at The Mills Enterprise Hub, Drogheda, Co Louth, Ireland. To contact us, please email info@goplugable.com. 

3. Applicability and Acceptance of these Terms 

Chargees who have approved accounts with us are permitted to use our App subject to separate terms of use for drivers. If you are both a host and a drivers both these terms and our separate terms of use for drivers will apply to you. 

These terms apply to both parties together with our associated privacy policy (Privacy Policy) which sets out how we use and process your personal data. 

These terms set out your rights and responsibilities when you access or use the App as a host, and the other services provided by us (we’ll refer to all of these collectively as our services), so please read them carefully. Where applicable these terms also cover your activity on any social media platform (including any group or community we might facilitate). By using the services you confirm that you accept these terms and our Privacy Policy and that you agree to comply with them. If you do not, you must not use our App or services.

These terms govern the relationship between us and you. When you use the app we are providing you with the means to enter into individual, direct contracts with drivers, permitting them to park in your parking space or use your EV charger in return for payment of the relevant charges. When accepting Bookings for parking spaces or EV chargers you are entering into individual, direct contracts with the drivers. You will be bound by your obligations under these terms and any additional obligations included in a Booking.

We are not a party to the agreement between you and the driver and we will not be liable to you, the driver or any third party for any breach of obligations in relation to the parking space or EV charger whether set out in these terms, in any listings relating to a parking space/EV charger or otherwise. We simply facilitate the payment for the charging session or parking session you offer to the driver. 

4. Changes to these Terms

We amend these terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the App and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the App and our services. 

Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the services following the changes constitutes your acceptance of the updated terms.

Every time you wish to use our App, please check these terms to ensure you understand the terms that apply at that time. This version one of these terms was most recently updated on [● October 2023]. Historic versions (where published) can be obtained by contacting us. 

We recommend that you print a copy of these terms and our Privacy Policy for future reference.

5. Opening an Account and Securing Your Account Details 

You’ll need to create an account on our App to use our App. Before opening an account, you acknowledge that we may (but are not obliged to and give no guarantee that we will) undertake background checks on you, including credit and identity checks, and checks, to ascertain your identity and for other reasons. 

Here are a few rules about accounts with us:

• You must be 18 years or older to use our App.  You are responsible for any and all account activity conducted on your account.

• When opening an account, you warrant and represent that all information you provide to us in connection with your account application is true, accurate and complete, and that you will inform us if that information changes at any time whilst you use our App. It’s prohibited to use false information or impersonate another person or company through your account. Where applicable, you agree to only provide us (or third party payment processors acting on our behalf) with credit, debit card or bank account details for a card or account which is yours and which you are authorised to use to make or receive payments.

• By using our App as, or on behalf of, a host, it is a fundamental condition that you are owning and operating an account in your own name, and also that you own or rent, and are properly insured to provide, the EV Charger and charging services you provide (and permit drivers with access to any relevant premises at the Location). The host in whose name the account is opened is the only person or entity responsible for the activity that occurs on that account or permitted to use the account. 

• You will be required to complete your own listings for the App. In your listing you agree to provide all relevant information about the parking space and EV charger including: (a) the address and a full description of the parking space and EV charger; (b) any restrictions on the types of vehicles that are suitable for the parking space or EV charger; (c) any other information or restrictions which apply to the parking space or EV charger (including, for example, any access or technology restrictions) which a driver should be aware of before booking the parking space. You are also required to provide us separately with information before we will list the parking space or EV charger including your name, address and telephone number.

• You must provide us with any other information relating to you or the parking space as we may reasonably request at any time and we may also ask you to clarify any information you have provided. This may include, but is not limited to, photographic identification for you (including a passport or driving licence) and / or any contracts relating to your rent or ownership of the parking space and/or EV charger.

• If you choose, or you are provided with a username, identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us using the contact details set out in these terms. 

We have the right to disable any account, identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

6. Material on our App (and Your Use of It)

We are the owner or the licensee of all intellectual property rights in our App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our App provides a platform for prospective and current hosts, who register an account with us, to rent their EV charger to new and existing drivers, and a mechanism to process payments for same, acting in compliance with these terms. 

As a host, you may use our App for your lawful business use in accordance with these terms and you may draw the attention of others you know to content posted on our App. You may not use it for any other purpose. 

You must not modify any content you have downloaded from our App in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged. You must not use any part of the content on our App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our App in breach of these terms, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our App may include information and materials uploaded by other users, including information about drivers or other hosts, their EV chargers or premises, feedback and comments. This information and these materials have not been verified or approved by us (including information shared by hosts about themselves or their EV charger). Any content uploaded on our marketplace is generated by independent users who are not our employees, agents, or representatives.  All users are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it. The views expressed by other drivers or hosts on our App do not represent our views or values. We cannot guarantee that any reviews about any users are complete or accurate. 

You may link to our App or website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our App or website in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these terms. 

If you wish to link to or make any use of content on our App or website other than that set out above, please contact us using the contact details provided above. 

Where our App contains links to other apps and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those apps or resources, and any agreements between you and the operators or providers of such apps or resources are entirely between you. You may also need to use third party products or services in order to use some of our App. 

The GoPlugable® trade name and the associated brands and logos are our registered or unregistered trade marks and intellectual property. You are not permitted to use them without our approval. 

7. Uploading Content to our App

Whenever you make use of a feature that allows you to upload content to our App, or to make contact with drivers, you must comply with our content standards and the prohibitions set out below and you will be solely responsible for that content. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our App or provide when opening an account will be considered non-confidential and non-proprietary. For example, we have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy, or to provide a copy of your ID documents to verify your identity in the event that any driver requests it on grounds that they suspect you have breached the contract with them formed in respect of your Booking, or otherwise been responsible for some criminal or tortious action involving them or their EV or other property. Your identity as a host, as well as your precise address, will also be disclosed to drivers with whom you have confirmed Bookings, at the point at which you confirm a Booking, or as otherwise provided for in our privacy policy.  

You retain all of your ownership rights in your content, but you are required to grant us and other users of our App (including drivers) a licence to use, store and copy that content and to distribute and make it available to third parties. To give more detail, you grant and (where applicable) warrant and represent that the owner of such material has expressly permitted you to grant us a royalty-free, perpetual, irrevocable, transferable and sub-licensable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent your content contains any personal information. 

We have the right to remove any contribution you make on/to our App in our absolute discretion. You are solely responsible for securing and backing up your content.

Because we do not control the security of the Internet or other networks you use to access our App or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with us and our App while it is being transmitted. In addition, we are not responsible for any data lost during transmission.

8. Prohibited Uses

You may use our App only for your lawful purposes in terms of advertising and accepting Bookings for the use of your EV charger by drivers. You may not use our App:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• In any way which interferes with the listings of other hosts, or attempts to harm them (or their business (if applicable)) or property. 

• For link building purposes. 

• If you are not able to form legally binding contracts, permitted to grant access to the Location or EV charger or parking space you are purporting to make available through the App and services, or are under the age of 18.

• For the purpose of harming or attempting to harm others in any way.

• To bully, insult, intimidate or humiliate any person.

• To attempt to, or actually access data not intended for you, such as logging into a server or an account which you are not authorised to access. 

• To attempt to scan, or test the security or configuration of our App or to breach security or authentication measures without proper authorisation. 

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. 

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or any other chain letters or to promote any pyramid schemes.

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to harvest or otherwise collect information about other hosts or drivers, including email addresses without their consent, or otherwise access, monitor or copy any content or information from our App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission. 

• Not to act illegally, maliciously or in a defamatory or libellous manner against or in respect of our business interests or reputation, or that of other hosts or drivers, either when using the App or otherwise. 

• Not to take any action that might undermine any feedback and/or ratings systems forming part of our App (to the extent applicable from time to time), or might be likely to bring us into disrepute. 

• Not to reproduce, duplicate, copy or re-sell any part of our App in contravention of these terms.

• Not to take any action that places excessive demand on our App, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined by us in our sole discretion) supporting our App. 

• Not to access without authority, interfere with, damage or disrupt:

  • any part of our App;

  • any equipment or network on which our App is stored; 

  • any software used in the provision of our App; or 

  • any equipment or network or software owned or used by any third party.

You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.

9.Content Standards

These content standards (Content Standards) apply to any and all material which you contribute to our App (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our sole discretion, whether any Contribution breaches our Content Standards.

Any Contribution must:

• Be accurate (where it states facts).

• Be genuinely held (where it states opinions).

• Comply with the law applicable in Northern Ireland and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.

• Be obscene, offensive, hateful or inflammatory.

• Bully, insult, intimidate or humiliate.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trade mark of any other person.

• Be likely to deceive any person.

• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be in contempt of court.

• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person.

• Give the impression that the Contribution emanates from us or one of our employees, if this is not the case.

• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

• Contain any advertising or promote any services or web links to other apps.

We do not guarantee that our App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.

10. Host Obligations and Interaction with drivers

As noted above, we provide a platform to allow hosts and drivers to find and transact with each other. We are neither the driver nor the host in these transactions and take no responsibility for the interactions between both parties (including for drivers not honouring Bookings), for Bookings or any complaints or other issues between the parties. 

Without prejudice to the foregoing and in addition to any other provisions in these terms, in all interactions and dealings with other hosts and drivers you agree:  

• Not to solicit drivers to become users of other online or offline services directly or indirectly competitive or potentially competitive with our App, including, without limitation offering or proposing to transact directly with hosts in future other than through our App; 

• Not to obtain or use any host or driver information that is not your information for any commercial purpose, including, but not limited to, marketing; 

• To act in a reasonable and courteous manner, honouring any commitments you have made or contracts you have entered into with our hosts, and treating them with respect, and being honest at all times in your dealings with hosts and other users of our App, including as to the duration of any session, the amount of electricity you have purchased from a host via a session, and otherwise; 

• Not to break any law;

• Not to access or interfere with a driver’s EV, save as permitted by them or as strictly required for health and safety purposes (for example in the case of a potential fire or other health and safety hazard); 

• Not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or 

• Not impersonate any person, or misrepresent your identity or affiliation with any person.
  

Both GoPlugable and our drivers process hosts’ personal information (for example, host name, email address, and address) and are therefore considered separate and independent data controllers of hosts’ personal information under UK and EU data protection law. That means that each party is responsible for the personal information it processes in providing the services. For example, if a driver accidentally discloses a host’s name and address when using the App, the driver, not us, will be responsible for that unauthorised disclosure. 

Please note that your public advertisement will only display the following personal information to drivers: your name, profile picture, and the distance between the user’s location and the approximate area in which the Location is based (together with any other detail you make available in your public listing). drivers will not receive the specific address of the Location until you have accepted a booking request from the applicable driver. 

We may from time to time provide interactive services on our App, including, without limitation reviews and feedback functionality (together interactive services). 

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our App. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards. 

You understand that we do not (and do not have an obligation to) screen or conduct background checks on users of our App (including drivers), verify the statements of users of the App or services or to review ID documentation provided by drivers, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. 

If you choose to use the App and services, you do so at your sole risk, and are solely responsible for all of your communications and interactions with other users of the App or services and with other persons with whom you communicate or interact as a result of your use of the App or services, including, but not limited to, any drivers. 

You agree to take reasonable precautions in all communications and interactions with other users of the App or services and with other persons with whom you communicate or interact as a result of your use of the App or services, including, but not limited to drivers, particularly if you decide to meet in person.

If you have any complaints about content uploaded to our App by drivers or hosts, you can contact us using the contact details provided above. 

`11. Advertising Your EV Chargers and Booking Obligations

By advertising your EV charger and parking space on the App, and by accepting Bookings, you agree:

• to comply with all laws and regulations, including but not limited to law and regulations applicable to your EV charger, parking space and the location generally such those in relation to parking and taxes regarding your income from Bookings (and to ensure that you properly report any income earned through Bookings to the relevant tax authorities in the jurisdiction in which you are based);

• that you are the owner of the EV charger or the parking space, or you have the appropriate rights and permissions to allow the driver to use or licence the EV charger or parking space for Bookings;

• to ensure all information provided in respect of the location and the EV charger (including but not limited to the specification of the EV charger) and the parking space (including relevant dimensions) is true, accurate and clearly communicated in the Booking, including the address and a full description of the Location, any restrictions regarding access to the Location or the types of EV that are suitable for the Location, and any other information that you reasonably believe the driver should be aware of before placing the Booking request. Please note that you are entitled to set out additional obligations in respect of each Booking which may either be set out in the your advertisement or when you accept a Booking, for example, if you are a pet-owner, you could ask the driver to ensure that care is taken to ensure that any gates the driver may access to facilitate the charging session are securely closed or locked once the driver leaves the Location. If any of these additional obligations or requirements are not acceptable to the driver, the driver is required to notify you immediately; and

• that you are solely responsible for ensuring that you have all necessary insurance policies in place as required for the Booking, including but not limited to any policies or coverage required in respect of any damage, whether to property, personal injury or otherwise, that may be incurred in relation to a Booking. This does not prevent the driver from bringing a claim against you which is not covered by these insurance policies.

Placing of any request for a Booking through the App by a driver does not constitute a binding contract, but an offer to enter into contract on the basis of the details advertised by you for your EV Charger. Once you have received a driver’s request, you must confirm if you are able to accept your Booking. If you cannot fulfil the Booking (for example where EV Charger is no longer available at the requested time, or where there were mistakes in pricing advertised by you) you must inform the driver as soon as possible.

Once you have confirmed and/or accepted the driver’s Booking request, a binding contract or Booking is in effect between you and the driver. The driver will then receive additional information regarding the Location, and any accessibility requirements for accessing 

You agree that we act as an agent, or our App facilitates a medium, for the purposes of forming binding agreements between you and the host in relation to Bookings and you also appoint us to collect your charges in relation to the Booking on behalf of the host. 

Please note that hosts may set out additional obligations in respect of each Booking which may either be confirmed in the host’s advertisement or once they have accepted a Booking, for example, if the host is a pet-owner, it may ask you to ensure that care is taken to ensure that any gates you have accessed to facilitate the charging session are securely closed or locked once you leave. If any of these additional obligations or requirements are not acceptable to you, you must notify the relevant host immediately (and in any event before the cancellation period below), as you are agreeing with the host to adhere to those requirements by proceeding. 

Is your responsibility to ensure that you update the App with any dates your parking space or EV charger will not be available for booking. If the availability changes at any time you update the App as soon as practicable. Based on the availability information you have provided through the App your availability will be scheduled accordingly. [If you have not informed us that your parking space and/or EV charger is unavailable for a particular date or time then you may be liable to pay the reasonable costs of alternative arrangements for a driver who makes a booking for such date and time. Where this happens we may either deduct money directly from your account or pay the reasonable costs of alternative arrangements to a driver ourselves and recover this money from you afterwards.]

Cancellations or Re-Scheduling

We encourage both hosts and drivers to give at least 12 hours’ notice of a cancellation or amendment to a Booking where possible. If you wish to cancel or amend any Booking, you must contact the driver directly. We are unable to assist with any queries regarding re-scheduling, amendment or cancellation of Bookings. It is entirely at your discretion as to how you deal with cancellations requested by the driver, but drivers are notified that, where hosts have not specified otherwise in any communications they may have had with the driver before the point of sale, drivers should assume all Bookings are non-cancellable and may not otherwise be changed once you have agreed to the Booking. 

In relation to each Booking, you agree with both ourselves and the relevant driver:

• to promptly provide the driver and us with all reasonable information and assistance required in respect of the Booking, including but not limited to any additional requirements you have specified to the driver;

• to follow the guidance provided by us in respect of the correct charging procedure (or parking procedure where paying for a parking session), including as follows:

  • to behave with due care and in accordance with any guidelines issued by us (these terms shall take precedence over those guidelines in the event of any conflict or inconsistency, and the guidelines are incorporated into these terms by reference), and any specific instructions communicated by the host, at all times when you are at the location, including but limited to your arrival and departure at the location;

  • notify the driver of any damage to their EV during the Booking as soon as it occurs;

  • not do or permit to be done at the location anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the driver;

  • not conduct any illegal or immoral activity from the location;

• to honour all Bookings, or where relevant, to comply with the cancellation procedures set out in these terms;

• not obstruct the driver or prevent the driver from parking in the parking space (or allocated space for EV charging) and not allow any vehicle, other than the vehicle detailed in the Booking to use the parking space during the parking period;

• not deliberately do, or omit to do, anything which will or is likely to put the driver or their EV at risk;

• provide your parking space and EV charger in accordance with the details and information set out in your listing and Booking;

• ensure that the parking space / location is clean, tidy and clear of rubbish at the start of the Booking period; 

• deal with all queries from drivers relating to a parking space or Booking in a prompt and satisfactory manner, and be available by telephone, SMS or email prior to or at the commencement of the Booking period to direct the driver to the parking space, or on-site to assist with any queries relating to use of the EV charger at the beginning of a charging session;

• to cover any and all electricity costs consumed by a driver as a result of the usage of the EV charger during the charging session; 

• to make the EV Charger available for use up to 60 minutes both before and for the duration of a Booking;

• to ensure that the EV Charger has been maintained as required by the manufacturer’s specification, is fully operational (including that it has an ongoing power supply for the full duration of the Booking), in good working order and complies with any applicable laws, regulations, insurance policies and the description in your advertisement; 

• to ensure that the Location is a safe and tidy condition and does not create any potential hazards to the driver that would not be reasonably expected; 

• not deliberately do, or omit to do, anything which will or is likely to put the Driver or their vehicle at risk; 

• you will be entirely responsible for any and all insurance that you may require for the purposes of granting any license to use your parking space and/or the EV charger.

• to inform the driver of any additional charges that may apply to the Booking, e.g. for use of the EV Charger in excess of the Session agreed in the Booking, any parking charges or the removal of EVs which remain at the Location following the expiry of the Session. 

You will be responsible for any damage caused to an EV, any other property or for any injury to any person due to a breach of these terms, or failure to comply with any user instructions or guidance. 

Please be aware that the host is responsible for the charge point (including for the supply of electricity to such charge point) and we have no responsibility or liability to you in respect of such charge point. If you suffer any damage, loss or injury whilst using an EV charger, you must notify the host immediately.

We reserve the right to conduct a physical inspection of the parking space and/or EV charger on reasonable prior notice and may remove your listing if the parking space and/or EV charger does not conform to the information you have provided, or we believe you to be in breach of your obligations under these terms. 

You agree that you will not create any false account with us or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.

You agree to use us as your exclusive agent for the purposes of making and accepting bookings for use your EV charger or parking space from any drivers who: 

• have Booked your parking space or EV charger through the App;  

• have made an enquiry about your parking space or EV charger through the App (whether or not such person completed a booking); 

• have become aware of you or your parking space or EV charger through the App; 

• has made you aware of their need for parking or EV charging through the App whether or not they place a Booking with you. 

You will not attempt to make a booking for your parking space such a driver other than through our App. 

12. Charges and Refunds 

You are not required to make any payments to us for advertising your EV charger or parking space via our App. However any transactions between drivers and hosts will be subject to a commission fee payable to us, consisting of a percentage of the value of the transaction, as specified by us in the App. 

We may change our fee arrangements at any time giving notice in writing (either on our App or by email).,

We do not have any oversight or input as to level of charges that you may levy (which you may specify on either a per hour or per kWh basis), and you can specify any such amounts for Bookings at your sole discretion. 

In order to determine the applicable charges for a Booking, the driver will: 

• In respect of a charging session, provide the relevant details of the percentage charge of the EV at the beginning and at the end of a Booking, by way of both photo evidence and manually inserting the relevant charge percentages (as noted above). This information must be uploaded to the App immediately prior to the commencement of the Booking and within an hour of the end of the Booking (as applicable); and 

• In respect of a parking session, confirm through the App the point at which the driver first arrives at the Location / parking space and the point at which they depart. 

Charges for any Bookings will be calculated on the above mentioned hourly or KwH rate on the basis of charges specified by the you at the time the driver placed the relevant order (or any reduction thereto confirmed in an order confirmation), subject to any additional charges or amounts incurred due to excess use, damage or non-compliance with your obligations under the Booking, as further set out within these terms. 

We will collect payment for any transactions between drivers and hosts through a third-party payment processor (currently Stripe, a payment service provided by Stripe Inc). We will remit any payments for Bookings to you, less our commission and any applicable refund within [5 business days] of the relevant transaction.

IMPORTANT – PLEASE READ CAREFULLY

Notwithstanding the foregoing, you are entitled to contact us to propose an increase to the charges in the event that the driver does not comply with your obligations in accordance with these terms for e.g., excess charging or parking outside of the scope agreed in the Booking (or incorrect time or kWH periods reported by the driver through their self-reporting), or excess, or any additional terms agreed with you, for e.g., parking charges.  

These additional charges must be specified by you no later than 48 hours after the relevant Booking and we will automatically attempt to deduct them from the driver’s chosen payment method (subject to certain controls / limitations which we will set in our absolute discretion). If you fail to raise a query regarding additional charges within that 48 hour period you are restricted from doing so. In the event that you do not agree to these additional charges, you may raise a dispute with the host in accordance with the Complaints section below, but your account will be automatically deducted and you must take up any issues involving alleged over-charging with the host. 

You are also solely responsible for collecting and/or paying to the applicable tax authority any applicable taxes for any sales you make through our services (other than VAT on commission payable to us, which we will charge if payable and account directly to the applicable taxing authority for). 

Payment for any transactions between drivers and host will be made by credit card through a third party payment processor (currently Stripe, a payment service provided by Stripe Inc, whose terms and conditions and privacy policy you will be required to accept in order to use our website). This payment processor will collect and hold your financial details, not us, but we will obtain details of your Stripe username via the Stripe API. Please note that any fees payable via our App will be inclusive of any third party payment processor fees, as they will be automatically added to your charges and deducted. 

Refunds

As our App simply provides a platform for you to find and contract with drivers who wish to use your EV charger or parking space, any contract formed via our App is solely between you and the relevant driver and we cannot issue any refund for cancelled, re-scheduled, deficient, Bookings that you have made through our App or for any other reason. Other than deducting our commission fee, we do not typically hold any funds paid as part of any transaction for any protracted period.

13. Our Responsibility to You 

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 and for fraud or fraudulent misrepresentation.

• We hereby disclaim any and all representations, warranties and conditions, whether express or implied, as to the operation of our App or the content, statements or other information contained on the App, (including but not limited to that relating to the EV charger, parking sessions or hosts) or otherwise accessible, available or advertised through our App, including, but not limited to those of title noninfringement, merchantability, and fitness for a particular purpose.

• You understand and agree that the limitations in this section are reasonable as we do not screen drivers who may use our services. Any legal claim related to a Booking must be brought directly between the host and the driver. You release us from any claims related to services advertised through our services, including claims for misrepresentations by drivers.

• Further, we make no representations, warranties or guarantees, whether express or implied, that orders will be placed by drivers or that our App will generate a specific volume of, or indeed any, sales. 

• We disclaim all liability, however arising, for any loss or damage in excess of the total amounts actually paid by you to us over the period of 12 months immediately preceding the date of the relevant claim. 

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our App; or

  • use of or reliance on any content displayed on our App.

• In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; 

  • loss of, damage to, or corruption of data; or

  • any indirect, special or consequential loss or damage,

whether those losses are foreseeable, known, foreseen or otherwise. 

• You expressly agree that use of the App is at your sole risk. Neither us nor our affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of our App will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of our  App; or the accuracy, completeness, reliability or content of any information (including, but not limited to, descriptions of EV chargers or location), relating to any EV charger made available to you or advertised through our App.

• We make no representations concerning any content posted by users through our App. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through same. You release us from all liability relating to that content.

You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that we only provide the App and booking services and responsibility for the payment of charges for a charging session or parking session lies solely with the driver.

As when accepting any booking request through our App, you should carefully review the details of any order placed by a driver to make sure you are happy with it, before issuing the order confirmation or confirming your acceptance of the order (at which point a binding contract will come into existence). You accept an order from a driver at your own risk. 

We hope this never happens, but if we are sued because of something that you did, you agree to defend, indemnify and hold us harmless.  That means you’ll defend us (including any of our group companies, affiliates and their respective directors, officers, employees and agents) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our App, your breach of these terms, you or your account’s infringement of someone else’s rights, or your disputes with any driver in respect of a Booking procured through our App (or other disputes with the driver or other users or parties). 

On the above basis, you agree to defend, indemnify and hold us harmless from and against all claims and expenses, including reasonable professional fees in respect of any Booking accepted by you in connection with our App, your Contributions, or any use of our App in violation of these terms. 

You are solely responsible for your interactions with drivers. To the extent permitted under applicable laws, you hereby release us from any and all claims or liability related to any Booking you accept, your Contributions, any action or inaction by a driver or by yourself, including your or their failure to comply with applicable law and/or your/their failure to abide by the terms of a contract placed through the App, and any conduct or speech, whether online or offline, of any other host or driver.

14. Breach of these Terms and Cancelling Your Account 

Termination By You: We'd hate to see you go, but you may terminate your account with us at any time by emailing us to request account closure (or, if we make the option available, by following the process for account closure provided for in your account). Terminating your account will not affect the availability of some content that you posted on the App prior to termination. You’ll still have to pay any outstanding amounts in existence at the time of your account closure and honour any then current Bookings placed by a relevant buyer.

Termination By Us: We may terminate or suspend your account (and any accounts we determine are related to your account) and your access to the services should we have reason to believe you, your content, or your use of the services violate our terms. If we do so, you don’t have a contractual or legal right to continue to use our App, for example, to advertise your EV Charger via our App. Generally, we will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our terms or we have legal or regulatory reasons preventing us from notifying you.

Failure to comply with our terms may also result in our taking all or any of the following actions:

• Immediate, temporary or permanent removal of any contribution uploaded by you to our App.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

If your account is terminated, you may lose any information associated with your account, including your content. But unless we otherwise notify you, termination of your account will generally be without prejudice to your rights with respect to any orders you have already placed through our App at the date of termination. Otherwise, the applicable parts of these terms will remain in effect even after your access to the service is terminated, or your use of the service ends.

Discontinuing the services: We reserve the right to change, suspend, or discontinue any of the services for you, any or all users, at any time, for any reason, including those laid out in these terms. We will not be liable to you for the effect that any changes to the services may have on you. 

We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

15. Complaints

Complaints and/or Disputes with Hosts

We provide a platform to allow hosts and drivers to find and transact with each other. We are neither the driver nor the host in these transactions and take no responsibility for the interactions between both parties (including for any failure by a driver to honour a Booking) or other complaints or issues between the parties. 

Drivers and hosts share the responsibility for making sure that Bookings facilitated by us are in good spirit, rewarding and hassle-free. In that spirit we encourage you to work with drivers before opening a complaint with us. In that spirit, you agree that if you have any dispute with a driver concerning a Booking you will resolve it in the first instance by directly communicating with the driver.

Further information regarding complaints is set out below.

In the event that a dispute cannot be resolved with the driver directly and you wish to open a complaint with us, please provide us with all relevant information regarding the complaint, including but not limited to circumstances in which the driver has breached its obligations or there is a disagreement between you and the driver as to the duration of charging session or parking session and amount of charges payable or charged.

We are under no obligation to resolve any disputes between you and a driver. However, we may seek to resolve the dispute between you and a driver and we may require that you make a further payment to the driver. Or we may require that you refund payments you have received in relation to the relevant Booking to you.

In the event that we determine that you should make payment to a driver if we are holding funds on your behalf we may make the refund on the host's behalf (but we are not under an obligation to do so). You must raise any dispute with us as soon as possible. If the host has collected payment directly or if we have passed on your payment to a host then you are responsible for recovery from the host.

Complaints about the App

If you wish to complain about any content on our App or about a Booking, please contact us using the details set out above, providing your name and contact information, including telephone number and e-mail address. 

As noted below, we take no responsibility for wrongful Bookings, or any responsibility in relation to the driver’s acts and/or omissions.

IP Complaints: We have great respect for intellectual property rights and are committed to following appropriate legal procedures to remove infringing content from our App. The content uploaded on our marketplace is generated by independent users who are not employees, agents, or representatives. Users are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it. Where your complaint relates to a perceived infringement of intellectual property rights please provide us with (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the App of the allegedly infringing work;  (c) a written statement that you have a good faith belief that the disputed use is not authorised by the owner, its  agent, or the law; and (d) a statement by you that the above information in your notice is accurate and, that you warrant and represent that you are the copyright owner or authorised to act on the copyright owner’s behalf. 

If Your content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if we deem it appropriate.

When we remove or disable access in response to a notice, we will make a reasonable attempt to contact the affected user and provide information about the notice. We may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected user.

We may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. We may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. We also reserve the right to take action against abusers of this policy.

Ultimately we reserve the right to disable any advertisement or account that we believe violates our terms, as well as taking further legal action. We can’t speak on behalf of intellectual property owners, nor are we in a position to offer legal advice or make legal determinations whether an account’s content infringes someone else’s intellectual property. 

We will remove material cited for alleged intellectual property infringement when provided with a proper notice. Any decision made in this regard is final.

16. Changes to, Withdrawal of and Reliance on, our Site

To the extent permitted by law, our App, and the content on it, is provided for general information only on an “as-is” and “as-available” basis, and is made available free of charge to drivers (as further detailed in the Charges, Refunds and Cancellation of Orders section above).

You should be aware that we may update and change our App from time to time, and that we do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Our App is not intended to amount to advice on which you should rely (including when making purchasing decisions). You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.

Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up to date. If any information about you as a driver featured on our App becomes inaccurate or incomplete at any time, you agree to inform us as soon as reasonably possible, or update such information directly, where you have the ability to do so. 

17. Some Final Legal Stuff! 

No waiver by either you or us of any breach or default or failure to exercise any right allowed under these terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these terms. Our failure to enforce any part of the terms is not a waiver of our right to later enforce that or any other part of the terms. 

The section headings used herein are for convenience only and shall be of no legal force or effect. 

If a court of competent jurisdiction holds any provision of these terms invalid, such invalidity shall not affect the enforceability of any other provisions contained in these terms, and the remaining portions of these terms shall continue in full force and effect and those parts deemed to be unenforceable shall be amended to the minimum extent necessary to preserve their original intent or effect.

The provisions of these terms apply equally to and are for our benefit, and that of our parent companies, subsidiaries, subsidiaries of parent companies, affiliates and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

We will not be liable for any default or delay in the performance of our obligations under these terms due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond our reasonable control.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these terms.

These terms (including any of our policies or notices referenced in them) constitute the entire agreement of the parties and supersede any other agreement between you and us regarding the App or services. 

These terms their subject matter and their formation (and any non-contractual disputes or claims) are governed by Northern Irish law where the relevant EV charger / location are based in Northern Ireland, or the Republic of Ireland law where the relevant EV charger / location are based in Ireland. We both agree to the non-exclusive jurisdiction of the relevant courts in each case.