Sevadis Cloud App Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY

Operating system requirements

To use the App and the Services, you are required to have a functioning device to use for accessing the App and the Service and to have an internet connection.

Definitions

In this agreement, the following terms have the meaning indicated below:

  • App – Sevadis Cloud mobile application software and any data supplied with the software as updated, varied or amended from time to time

  • Business Day – a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business

  • EVCP – Electrical Vehicle Charge Point

  • Facilities Operator – the operator of the EVCP facility offering the option to pay for the use of EVCP via the App

  • Normal Business Hours – 9.00 am to 5.00 pm local UK time each Business Day

  • Services – all services offered by Sevadis in connection with the use of the App, including the service which allows you to make payments for any electricity used through an EVCP, provided by a Facilities Operator, via the App when you create an account (Account), and the content we provide to you through the App

  • Transaction – any time you use electricity through an EVCP provided by a Facilities Operator or make payment for such use via the App

  • Transaction Entity – any payment processing company that helps process payments in connection with the use of the App or the Service

Who we are and what this agreement does

In return for your agreeing to comply with these terms, we, SmartEV Limited (t/a Sevadis) of Granville House, The Heights Business Park Ibstone Road, Stokenchurch, High Wycombe, England HP14 3BG, grant you a limited, non-exclusive, non-transferable, revocable, royalty-free licence to use the App and any updates or supplements to it and the Services as permitted in these terms.

This is not an agreement between you and any Transaction Entity or Facilities Operator. This is an agreement between you and Sevadis.

This Agreement explains our mutual rights and obligations with regards to the App and the Service.

Sevadis provides a service to enable your payment for electricity used through an EVCP at certain facilities. Sevadis does not own, operate or maintain EVCP facilities and EVCPs and is not responsible for any such facilities or EVCPs. We have no control over the actions or omissions of any Facility Operator.

Your privacy

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

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

How you may use the App

You may:

  • download a copy of the App onto one or more mobile devices and use the App and the Services for your personal purposes only if you are a consumer or for your internal business purposes only if you are a business user (any user other than a consumer);

  • use your Account to make payments for any electricity used through an EVCP provided by a Facilities Operator, via the App; and

  • access your transactions through the App and review your recent account history on the App.

Who may use the app

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

To use the App and Services on behalf of an organisation or business, an authorised representative of that organisation must agree to these terms.

Licence Restrictions

You agree that you will:

  • except as permitted under these terms, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

  • not copy the App, except where such copying is incidental to normal use of the App or where it is necessary for the purpose of backup or operational security;

  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

  • not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

    • is not disclosed or communicated without the prior written consent of Sevadis to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

    • is not used to create any software that is substantially similar in its expression to the App;

    • is kept secure; and

    • is used only for the Permitted Objective;

  • not engage in competitive analysis, benchmarking, use, evaluation or viewing of the App or the Services or create any derivatives based on the App or the Services; and

  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.

Account information

You can open your Account by downloading and installing the App. Account registration requires you to submit to Sevadis certain personal information, such as your name, address, telephone/ mobile phone number, email address and valid credit or debit card details. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete and up-to-date Account information, including having invalid or expired credit or debit card details, may result in your inability to access and use the Service. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

You may cancel your Account at any time, provided that you have complied with any obligations under this agreement.

We may cancel your Account if we end your rights to use the App and/or the Services in accordance with this agreement.

Payments and Refunds

You understand that use of the App and the Services related to any Transaction may result in fees and charges to you for the services or goods you receive from the Facilities Operator (Charges). You authorise us to initiate any such Charges to the Account. Sevadis will facilitate your payment of any applicable Charges on behalf of the Facilities Operator as an agent for the Facilities Operator (as a principal). Payment of the Charges in such manner will be considered the same as payment made directly by you to the Facilities Operator.

We have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a Transaction Entity in connection with your use of Transaction Entity for Transactions.

You understand that we pass all Charges to you and we are not responsible for any electricity rates, fees or any charges determined by the Transaction Entity and Facilities Operator.

You agree to pay any Charges and any applicable taxes in GBP to Sevadis. The amount of any Charges is specified by the Facilities Operator on the date of the Transaction and will be charged to the payment method selected for the Account.

We accept no liability to complete any payment transaction which cannot be cleared, whether because there are insufficient funds available on your selected payment method or otherwise.

If you are due a refund or you believe that you are due a refund in relation to any Charges, please email our Customer Service team: customerservice@sevadis.com.

Support for the App and the Services and Complaints

Support. If you need to contact us in relation to the Services or about the App, or if you have any questions or complaints, please contact our Customer Service team by email at customerservice@sevadis.com or by phone on 0330 058 7144. We provide support during Normal Business Hours.

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

Changes to these terms

We may need to change these terms to reflect changes in law or best practice, to deal with additional features which we introduce or to reflect any changes in the scope of the Services.

We will give you at least 14 calendar days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

You have the right to reject the notified changes, but please note that if you do, you may not be permitted to continue to use the App and the Service.

Update to the App and changes to the Service

From time to time, we may provide updates for the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. When updates are available, you will be able to download such updates from App Store (Apple) or GooglePlay (Android phones) or automatically update the App in the phone settings.

If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services — at our absolute discretion.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the device you use the App on and related software, hardware and peripherals to improve our products and to provide the Services to you.

We are not responsible for other websites you link to

The App or the Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

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

Acceptable use restrictions

You must:

  • not use the App or the Services in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services, including by the submission of any material (to the extent that such use is not licensed by these terms);

  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

  • not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

  • not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

Services are available in selected locations

Note that the Services are only available in selected locations and may not be available at all times at all locations. While we endeavour to provide the best possible service, there are limitations to cellular and payment technologies which may cause interruptions in service.

Intellectual property rights

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

You acknowledge that you have no right to have access to the App in source code form.

Warranty

We warrant that the App will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described on the app store site and will match the description of it provided on the app store site.

We will use commercially reasonable efforts to provide the Services, but please note that we provide no guarantee that the Services will be uninterrupted or error-free.

Sevadis does not own, control or operate EVCP facilities and does not warrant anything with respect to such facilities. Sevadis will not be liable for any damages of any kind arising from or related to any EVCP facility or the operation of EVCPs, including, but not limited to any direct or indirect losses arising from damage to your vehicle, loss of vehicle, or loss of articles left in your vehicle or for any personal injury or death except as set out in the section titled “Our responsibility for loss or damage suffered by you”.

Our responsibility for loss or damage suffered by you

For Users who are Consumers

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Permitted use. If you are a consumer, you may only use the App for domestic and private use. If you use the App for any commercial or business purpose, the section titled “For Business Users Only” will apply.

Information provided by the App and the Services. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

For Business Users Only

  1. This section applies only if you use the App for any commercial or business purpose.

  2. You acknowledge that the App has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is, therefore, your responsibility to ensure that the facilities and functions of the App (as described on the app store site) meet your requirements.

  3. If you are a business user, you may only use the App for your internal business purposes, and you agree not to use the App for any re-sale purposes.

  4. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for:

(a)  loss of profits, sales, business, or revenue;

(b)  business interruption;

(c)  loss of anticipated savings;

(d)  loss or corruption of data or information;

(e)  loss of business opportunity, goodwill or reputation;

where any of the losses set out in Condition 4 (a) to Condition 4 (e) above are direct or indirect; or

(f)  any special, indirect or consequential loss, damage, charges or expenses.

  1. Other than the losses set out in Condition 4 (for which we are not liable), our maximum aggregate liability under or in connection with this agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the Charges payable by you in relation to the relevant Transaction in respect of which the liability arose and in any event to the maximum amount of GBP 25 per claim. This maximum cap does not apply to Condition 6.

  2. Nothing in this agreement shall limit or exclude our liability for:

(a)  death or personal injury resulting from our negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  any other liability that cannot be excluded or limited by English law.

  1. This agreement sets out the full extent of our obligations and liabilities in respect of the supply of the App and Services. Except as expressly stated in this agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the App and Services which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

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

  • you must stop all activities authorised by these terms, including your use of the App and any Services.

  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

We may transfer this agreement to someone else

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

You need our consent to transfer your rights to someone else

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

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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 to this contract and where you may bring legal proceedings

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