Applegreen Electric App - Terms and Conditions

By downloading the Applegreen Electric App you confirm that you agree to all of these Terms. If you do not agree to these Terms please do not download the Applegreen Electric App.

Who are we?

The Applegreen Electric App is a mobile application which you can use on iOS and Android devices to start, stop and pay for charging processes for your electric vehicles at selected Charging Stations within the Applegreen Electric Charging Network ("Applegreen Electric App"). Charging Stations within the Applegreen Electric network can be located using the app and will be marked with Applegreen Electric branding.

The Applegreen Electric App is supplied by Applegreen Electric IRL Limited a company registered in Ireland under company number 703830 of Unit 17, Joyce Way, Park West Business Park, D12 F2V3, Ireland which provides a smart charging network for EV charging at selected public Charging Stations.

The Applegreen Electric App requires a handheld mobile device and the iOS or Android operating system Minimal iOS version -> 12.4, Minimal Android version -> 21 (Android 5.0)

Definitions.

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
"Account" an account held with us in your name for the purposes of paying for EV charging via the Applegreen Electric App

"Applegreen Electric App" the mobile app as described in clause 1 of these Terms.

"Applegreen Electric Charging Network" the network of Charging Stations operated by us which are accessible to and available for use by the general public.

"Charging Station " a piece of equipment capable of charging an electric vehicle.

" Charging Station Access Card" a card which you may use to register and pay for charging your vehicle using the Applegreen Electric Charging Network.

"Group Companies" means any subsidiaries of Applegreen Limited and its subsidiaries.

"Site" the land or property on which a Charging Station which forms part of the Applegreen Electric Charging Network is located.

"Site Owner" the landlord or occupying tenant of a Site.

"we" "our" "us" refers to Applegreen Electric Limited.
References to "these Terms" refer to all of the terms contained in this agreement.

Age restriction

You must be aged 18 or over to accept these Terms and use the Applegreen Electric App.

When these Terms begin

These Terms will take effect when you register in the Applegreen Electric App. Your Account will be available to use at the point you complete the registration process on the Applegreen Electric App. For the avoidance of doubt, no Account is required in the case of once-off, pay-as-you-go charging.

Cancelling these Terms

You may cancel your contract with us at any time by uninstalling the Applegreen Electric App on your mobile device. However, if you uninstall the Applegreen Electric App before completing all payments due for a charging session we will contact you to claim outstanding payments.

Check that the Applegreen Electric App meets your requirements

The Applegreen Electric App has not been developed to meet each customer's individual requirements. You must check that the facilities and functions of the Applegreen Electric App (as described on the app store site) meet your personal requirements.

How to tell us about problems with the Applegreen Electric App

If you have any problems using the Applegreen Electric App, you think the Applegreen Electric App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at CustomerSupport@applegreenelectric.com or call them on +44 20 45400050 or +353 15531313. Our customer helplines are available 24/7 to assist you with any queries.
If you are unhappy with the assistance we provide when you contact our customer services team and wish to complain please contact us at CustomerSupport@applegreenelectric.com.
If we need to contact you we will do so by email or by SMS, using the contact details you have provided to us.

How You may use the Applegreen Electric App

Your agreement to these Terms grants you the right to:
(a) download a copy of the Applegreen Electric App onto your mobile device and view, use and display the Applegreen Electric App on such devices for your personal purposes only and/or
(b) receive and use any free supplementary software code or update of the Applegreen Electric App incorporating "patches" and corrections of errors as we may provide to you.

Logging in and security

When you register we will ask you to provide your email address and a password to allow you to log in and use the Applegreen Electric App. It is your responsibility to keep your password secure and not allow others to use your password to access your account.

You must immediately notify us if you believe that your account has been used by an unauthorised person or in an unauthorised manner.

If you lose your mobile device which has the Applegreen Electric App on it, you must immediately notify us ​​by email. If you do not give notification of the loss or theft of the mobile phone, you shall be responsible for any reported purchase transactions in full.

If someone else owns the phone or device You are using

If you download the Applegreen Electric 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.

We are not responsible for other websites you link to

The Applegreen Electric App 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.

We are not responsible for events outside our control

If our provision of the Applegreen Electric App availability is delayed, suspended or fails due to 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 to you for delays or failure to provide the App availability caused by such event.

For the avoidance of doubt:
(a) an event outside our control shall include but is not limited to official action, change in law, war, epidemic, pandemic, sabotage, failure or delay in delivery, irregularities in the supply of electricity, telephone connections or other traffic and communications connections and transportation, strike, boycott, or other similar circumstances beyond the reasonable control of us; and
(b) matters that are only within the reasonable control of our subcontractors shall not be deemed to be within our reasonable control; and

Prices for electric vehicle charging

You will be able to see the prices for charging your EV on the Applegreen Electric App before the start of the electric vehicle charging process. If the charging prices(s) indicated on the Applegreen Electric App does not correspond to the price shown at the charging station itself, then the price indicated on the Applegreen Electric App shall apply for you.

You acknowledge that the total applicable price payable for a charging process is not automatically provided at the time when you initiate a charging process. Please note that we may change our prices at any time. The final price will be provided on completion of the charging session.

We accept electronic payment via all major debit and credit cards, including Visa, Mastercard, Maestro, Amex and Diners Club. Additional payment options may be added over time.

Payment card details stored on your Account to facilitate your use of the Applegreen Electric App may be updated or modified by you online via the Applegreen Electric App.

Should payment be declined, or fail for reasons associated with payment card validity, lack of adequate funds, or other card-related issue not connected with our payment processing systems, we will let you know and your account may be suspended until the problem is rectified.

Overstay fees

In order to ensure efficient use of the Applegreen Electric Charging Network an overstay fee may be applicable. This will be stated in the Applegreen Electric App and/or on Charging Station.

In general, the application of the overstay fee will be automated. However, we reserve the right to apply this manually and retrospectively should we detect that attempts are being made to circumvent it. We would consider behaviour such as stopping an in-progress charge and starting another one on the same Charging Station from the same account, with just a token period of inactivity (less than 5 minutes) in between to represent an attempt at circumvention.

Charging Station Access Cards

In order to access the Applegreen Electric Charging Network, you may, where we have clearly indicated on the Applegreen Electric App, choose to use a Charging Station Access Card. Charging Station Access Cards will remain valid provided the Account to which they are associated is active and is not in arrears.

You, or any third party working on your behalf will not tamper with, modify, copy, reverse engineer (or similar) any Charging Station Access Card. Detection by us of any such activities will result in immediate Account suspension. We reserve the right to recover any costs, losses and/or damages incurred by us arising out of or in connection with unauthorised access to, or misuse of, a Charging Station Access Card and/or any data and / software held therein.

If your Charging Station Access Card is lost or stolen, you must contact our Customer Care Team immediately to deactivate it.

Your responsibilities

It is your responsibility to ensure that:

(a) charging begins and is completed correctly; and
(b) the charging station is suitable for your vehicle to be charged;
(c) you do not use Charging Stations that show an error message or visible defects or damage. We will not be held responsible or liable for any losses or damage caused by you breaching this obligation;
(d) the payment card you use to pay for a charging session has a sufficient balance and is not blocked. In the event that debiting is not possible, we have the right to seek payment from you by other means;
(e) where you are using the Applegreen Electric App to pay for a charging session, your payment information on your account is up-to-date and valid. Failure to do so can result in us closing your account and terminating these Terms with you;
(f) you comply with any access or parking restrictions and regulations at a Charging Station. You will be responsible for the payment of any applicable fees, including parking fees or overstay payments;
(g) you use the Charging Station in a responsible way, with reasonable care and to avoid any unnecessary nuisance, disruption or damage to the Site, the Charging Station or other visitors to nearby Charging Stations;
(h) you follow any reasonable instructions of the Site Owner;
(i) you disconnect your vehicle and vacate the parking bay in which the Charging Station you are using is located as soon as possible once you have charged your vehicle; and
(j) the electric vehicle that is charged at a charging station; and the tools to be provided by you (including, by way of example, any power converters, adapters or cables), shall be fit for their purpose, compatible for the connection with the charging station and satisfy all applicable legal provisions at the relevant times. We will not be responsible or liable in the event where damage, defect, or loss is caused by a defect in the electric vehicle and/or the used tools.

Operation & use of EV Charging Stations

Subject to these Terms, you may start a charging process at Charging Stations which are part of the Applegreen Electric Charging Network using the Applegreen Electric App. The Charging Station will then be activated, provided that such Charging Station is functional.

We cannot guarantee and will not be responsible for the functionality or availability of the Charging Stations. We will, however, act with due care in compiling and showing the relevant information through the Applegreen Electric App.

Restrictions on use of the Applegreen Electric App

You agree that you will:

(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the Applegreen Electric App in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the Applegreen Electric App;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Applegreen Electric App nor permit the Applegreen Electric App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Applegreen Electric App on devices as permitted in these Terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Applegreen Electric App nor attempt to do any such things.
(e) not use the Applegreen Electric App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Applegreen Electric App;
(f) not infringe our intellectual property rights or those of any third party in relation to your use of the Applegreen Electric App including by the submission of any material (to the extent that such use is not licensed by these Terms);
(g) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Applegreen Electric App; and
(h) not use the Applegreen Electric in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

Refunds

Given the nature of electric vehicle charging it not possible to return a purchase made at a Charging Station.

However, if you feel that you were incorrectly charged and are entitled to a refund because of a fault with either (a) a Charging Station forming part of the Applegreen Electric Network or (b) the Applegreen Electric App, please contact us as soon as possible using the customer service contact details in clause 7.

As set out in clauses 9.3 and 15.2, where you fail to promptly report the loss of a Charging Station Access Card or your mobile device you will not be entitled to a refund for purchased transactions using your lost Charging Station Access Card or mobile device.

Intellectual Property Rights

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

Data Protection

The Applegreen Electric App, we and/or our commissioned service providers and/or our Group Companies collect, process and use data pertaining to you for the implementation of the contractual relationship under these Terms pursuant to the provisions of the General Data Protection Regulation (2016/679) and other applicable national data protection legislation.

More information on the Applegreen Electric App's and our processing of personal data can be found in our Applegreen Electric Privacy Policy: [www.applegreenelectric.com/privacy/

Changes to these Terms

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We​ will inform you through the Applegreen Electric App of amendments to these Terms at least 30 days before such changes are planned to come into effect.

If you do not agree to the changes in the terms and conditions, you may uninstall and stop using the Applegreen Electric App.

Where our proposed change to these Terms is only to reflect certain new features, functions and updates to the Applegreen Electric App, if you do not accept the notified changes you may continue to use the Applegreen Electric App in accordance with the existing terms but certain new features may not be available to you.

Updates to the Applegreen Electric App

From time to time we may automatically update the Applegreen Electric App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also ask you to update the Applegreen Electric App for these reasons.

Please note that 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 Applegreen Electric App.

Our responsibility for loss or damage suffered by you

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.

We shall not be responsible for, and thus, shall have no liability hereunder in respect of:
(a) the continuous availability and operability of the Applegreen Electric App and website;
(b) the suspension of the Applegreen Electric App availability for reasons which ultimately prove to be incorrect, but, we had, at the time of suspension, reason to believe that there were grounds for suspension;
(c) the consequences of your mobile phone being lost or stolen and misused by another person; and/or
(d) if you use the Applegreen Electric App for any commercial, business or resale purposes any loss of profit or revenue, loss of business, business interruption or loss of business opportunity.

These terms describe our entire liability. The only exception to this is mandatory legal provisions that apply to our liability for defects (to the extent these cannot be excluded by mutual agreement).

What happens if we cancel these Terms due to your breach

We will contact you if we believe that you have failed to comply with your obligations in these Terms, including, but not limited to, if you:
(a) Fail to pay for charging;
(b) Persistently mistreat or damage the Charging Stations; or
(c) Repeatedly avoid any overstay fee in a clear and unambiguous way to lengthen your charge time.

If you do not rectify your breach following our notification, or you are not able to do so, we may end your right to use the Applegreen Electric App. If we end our relationship with you under these Terms you must delete or remove the Applegreen Electric App from your mobile device and we may remotely access your devices and remove the Applegreen Electric App from them if you fail to do so.

You may not transfer the Applegreen Electric App to someone else

We are giving you personally the right to use the Applegreen Electric App. You may not transfer the Applegreen Electric App to someone else, whether for money, for anything else or for free. You must uninstall the Applegreen Electric App before you sell or dispose of any device on which the Applegreen Electric App is installed.

No rights for third parties

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 and our agreement with you. For the avoidance of doubt, this clause shall not apply if you live in Ireland.

If a court finds part of these Terms 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.

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

Even if we delay in enforcing these Terms, 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 you breaching these Terms, 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.

Which laws apply and where you may bring legal proceedings

Except where clause 30.2 below applies, these Terms are governed by English law and you can bring legal proceedings in respect of the Applegreen Electric App and these Terms 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. If you live in any other jurisdiction, where applicable, legal proceedings must be brought in the courts of England.

Where you live in Ireland, these terms are governed by Irish law and you can bring proceedings in respect of the Applegreen Electric App and these Terms in the Irish courts.