Introduction
Last updated: December 4th 2019
Please read these Terms and Conditions and our Privacy Policy carefully before using the https://ev.energy website and / or our app available through the AppStore or GooglePlay (the “Service”) operated by ev.energy technology limited (“us”, “we”, or “our”).
Access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you do not accept any part of the terms then you are not authorized to use the Service.
Subscription fees
ev.energy provide a “Subscription” to use their Basic service free of charge, and there are no “Subscription Fees” to pay whilst using or accessing the Basic service. Subscription fees may apply to use ev.energy in conjunction with particular hardware (for example a charger or car) or to access other services such as a “Premium service” ora “Prime service”, which will be communicated to the customer at the point of purchase. ev.energy reserve the right to change the features and functionality offered to customers as part of the service subscription.
Subscription Fees for customers who have purchased a Rolec HomeSmart EV charger
There are no subscription fees payable to customers who have purchased a Rolec HomeSmart EV charger for the first 3 years from the date of purchase of the Rolec HomeSmart charge point. Beyond this 3 year period, the customer will be presented with a range of service options from ev.energy, some of which may incur subscription charges.
Subscription Fee changes
ev.energy, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. ev.energy will provide you with a reasonable prior notice of any change in Subscription Fees to give you an opportunity to terminate your Subscription before such change becomes effective.Your continued use of the Service after the Subscription Fee change comes into effect constitutes your agreement to pay the modified Subscription Fee amount.
Incentives and rewards
Periodically ev.energy offers customers rewards or incentives. these offers may be subject to their own terms and conditions. However, it is important to note that generally, such rewards and incentives are not guaranteed and ev.energy reserves the right to change the terms, or remove the offer without any prior notice.
Use of service with 3rd party hardware
The ev.energy service may make use of 3rd party hardware devices like cars and chargers to deliver our service to customers. These integrations are provided as is, and may be limited in functionality, depending on the specification and type of the hardware device.
Consent to access my vehicle and / or smart home devices
By agreeing to these terms and conditions, you consent to allow ev.energy and its partners to access your electric vehicle, charge point and / or any other connected device as required for ev.energy to deliver its service. Providing us with access enables us to read information from your devices, and send commands to your devices, to enable us to deliver our smart charging service to you.
This may include, but is not limited to, reading the current state of your battery (e.g. obtaining information on whether it is charging, discharging, connected, disconnected, and a device’s current state of charge), and also sending commands to control and regulate charging (e.g. start and stop charging and controlling the flow of energy through a device). There is no obligation on the customer to provide access to a device, but access to a device may be necessary in order for ev.energy to deliver its service to you. ev.energy’s access to a device can be revoked at any time, by using the app to remove access or e-mailing our support team: support (at) ev (dot) energy. Data and information on your vehicle and / or smart home device will be processed as outlined by our privacy policy.
Refunds
Certain refund requests for Subscriptions may be considered by ev.energy on a case-by-case basis. Any such requests will be granted at the sole discretion of ev.energy.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ev.energy.
ev.energy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites, including without limit: products, goods, services and further links.
You acknowledge and agree that ev.energy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
If you wish to terminate your account, you may simply discontinue using the Service. If you wish to terminate your account and destroy all data we hold associated with your account, please contact us at: admin (at) ev (dot) energy.We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless ev.energy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall ev.energy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose (v) any indirect damages caused by a failure of our Service (for whatever reason) to deliver the Service, for example, including failure to deliver the required level charge to your electric vehicle by the specified charge
time.
Use of Service
By agreeing to use this service, you agree that you will not attempt to obtain unauthorised access, violate any applicable laws in use of service/information contained therein, and not to collect or store and personal information derived from the service, whether for legitimate or illegitimate purposes.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.ev.energy its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at: admin (at our UK domain) ev (dot) energy.