Octopus Electroverse Limited - General Terms and Conditions for Electroverse

Definitions

"Application" means an application for the use of Electroverse, completed by you and submitted to us over the internet or made with us on the telephone or in person.

“Authentication” means the process of an EV Charge Point authenticating you as a user in order to give you access to the service.

"Charge Point Operator" refers to an operator or operators of charging hardware and their associated charging network.

“Charges” means the charges for the use of Electroverse, being a calculation based on time and/or total energy consumed at an EV Charge Point, and other ancillary costs, for example parking or plug-in fees.

"Charging Data Record" means information relating to a single (or multiple) charging session(s), sent to us by the relevant Charge Point Operator.

"Contract" means this contract, which governs our services for providing Electroverse and the associated Charges.

"Contract Start Date" means the date on which the Contract is entered into by you and us, and becomes a legally binding agreement.

“Octopus Electroverse” or “Electroverse” is the name given to the entire product offering, which consists of a method for you to access multiple electric vehicle charging networks and for the charges associated with your usage of those networks to be included on a single bill. The physical card that you may use to access a number of public charging networks is referred to as the ‘RFID Card’.

“EV Charge Point” means equipment that provides electric charging for plug-in electric vehicles.

“EV” means electric vehicle.

 "Payment Method" means the way you choose to pay your bill, either by Credit or Debit Card.

"Privacy Policy" means our policy on how we manage your personal data.

“RFID Card” means a unique radio-frequency identification card provided to you by Octopus that is associated with you and your account uniquely and can be used to access EV Charge Points (such initial card shall be free of charge, and we reserve the right to charge you for subsequent cards).

"Statement of Account" this documents the Charges that are associated with your use of Electroverse for that month.

"Working Day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day that is a bank holiday in the United Kingdom.

"we", "us", "our" and “Octopus Electroverse” in each case refers to Octopus Electroverse Limited (company number 15274675), having its registered address at UK House, 5th Floor, 164-182 Oxford Street, London, W1D 1NN.

"you", "your" and "Customer" in each case refers to the person or persons (including legal persons) named on the Application or any persons notified to us from time to time and accepted by us.

1. Introduction

   1. These Terms and Conditions and the applicable Charges for Electroverse shall form the Contract between you and Octopus and govern your access to and use of Electroverse. The definitions at the start of these Terms and Conditions apply.

   2. Please read these Terms and Conditions carefully so that you fully understand your commitments and our responsibilities. 

   3. The EV Charge Points are owned by the respective Charge Point Operator, who is responsible for their operation and maintenance. 

2. Contract Start Date

   1. Your Contract with us starts when you accept the Terms and Conditions as part of our Application process.

   2. By agreeing to this Contract, you are agreeing that you will:

      1. register your details (including name, email and country) as part of the Application process;

      2. provide us with an address that allows you to receive the RFID Card by post 

      3. have a mobile phone that gives you access to third party apps;

      4. either provide Octopus with any information and permissions we require to make payments to Octopus by credit or debit card by the payment due date we tell you; and

      5. keep all your relevant personal details accurate and up to date on our systems, and promptly make any relevant changes to your contract via email, phone or your online account.

3. Accessing the EV Charge Points

   1. To make use of the EV Charge Points, you will need to use the RFID Card or an internet-based authentication system, on Charge Point Operator networks that we work with, to start and stop charging.

   2. We will not be able to grant you access to Electroverse if we have not obtained all the information we need to initiate access.

4. Our Prices and Charges

   1. Our charges for your use of the EV Charge Points will vary based on the Charge Point Operator that you are using.

   2. Charges are based on the Charging Data Record we receive from the relevant Charge Point Operator. Charges are made up of, but not limited to: volume of energy consumed, connection fees, time spent charging, and parking fees. Electroverse sets the applicable energy and time-based rates, which can be found on our Electroverse app and on the relevant EV Charge Point.

   3. We may round calculations to 4 significant figures to present charges clearly. For example, unit prices and monthly amounts may be round to the nearest 0.01 of the applicable currency.

   4. We can also charge you for other reasonable costs under certain circumstances. We will tell you how much such charges are at the time and will provide a breakdown of the costs if you ask us for one. These can include costs arising from the following:

      1. Octopus will issue a new RFID Card to you when you sign up. We will issue additional or replacement cards within 14 days of them being requested, and we may charge you for any future cards on a per card basis;

      2. Charges we are required to pass on to our customers by law or regulation or a regulatory authority; and

      3. Any reasonable costs we incur (including administration cost) because you failed to meet the Terms and Conditions of this Contract.

      4. VAT is also payable at the applicable rate.

   5. If your employer or fleet manager has entered into an agreement with Octopus to reimburse you for the cost of charging your vehicle when used for business purposes, you agree and accept that Octopus shall only reimburse to you any money that is actually received by Octopus from your employer or fleet manager for this purpose. You acknowledge that the extent of reimbursement is a matter solely between you and your employer or fleet manager. Notwithstanding any payments to Octopus by your employer or fleet manager, you have sole responsibility for paying all Charges.

5. Payment Method

   1. Payment will be required by debit or credit card. You will be required to pay for each Charge shortly after it is incurred.

   2. We reserve the right to refuse to process any transaction we deem fraudulent or suspicious.

6. Non-Payment of Charges

   1. If you do not pay for your use of Electroverse on time, we may:

      1. Take such steps as are necessary to recover the sums due to us, which may include employing a debt collection agency;

      2. Provide information about your non-payment to credit reference agencies, which may impact your ability to get credit in the future;

      3. Recover from you all costs incurred by us in pursuing your non-payment, including bank charges due to cancelled or failed payments;

      4. Charge interest at the rate of 4% above the Bank of England Bank base rate at the relevant time on all outstanding charges;

      5. Switch your Payment Method to a different payment method, which may include requiring you to pay in advance; and/or

      6. Disconnect or suspend your ability to use Electroverse.

   2. If you are having difficulty in paying your bill, please let us know as soon as possible and we can discuss ways that might help make paying your bills more manageable. We will provide all such help and assistance as we can in order to avoid disconnecting and suspending your access to Electroverse.

7. Changing the Contract

   1. We can change the terms of your Contract at any time, which may include situations where it is necessary for us to comply with any laws, or other rules that we are obliged to follow.

   2. We will inform you of any changes and the latest copy of our Terms and Conditions will be available on our website.

   3. If we propose to make changes to your Contract that are not to your advantage, we will give you reasonable notice of the changes. If you do not agree with the changes, you can stop using Electroverse without penalty.

8. Ending or Suspending the Contract

   1. You may end this Contract at any time as long as all sums due to us have been paid, but you won’t be able to use Electroverse any more. You can do this by logging into your account and selecting the ‘close your account’ option. We reserve the right to pass through any fees or charges which arise after termination. 

   2. We may end this Contract immediately if:

      1. You are in breach of the Contract;

      2. You did not pay us what you owe us when it was due; and/or

      3. we decide to stop offering the services provided under this Contract

   3. We may suspend your access to Electroverse if:

      1. You have not paid for your usage to date;

      2. You are in breach of the Contract;

      3. We have reason to believe you may have damaged or tampered with the EV Charge Points; and/or

      4. We are required to do so by any law, code or agreement..

   4. If we suspend your access, you are required to pay:

      1. Any outstanding amounts owed to us; and

      2. Our reasonable costs to suspend you and/or to restart your access later.

   5. Please note that, if you choose to terminate your account, the account will remain dormant on our system for a period of 2 months following termination. This will allow us to ensure any invoices which are delivered late by any charge point operators can be passed on to you.

   6. We may end this Contract for any reason on the provision of 14 days’ notice to you of the same. 

9. Customer Service and Support

   1. The EV Charge Points are the property of the respective Charge Point Operator.

   2. We are not responsible for the maintenance or proper functioning of the EV Charge Points and accept no liability in relation to your use of the EV Charge Points. The Charge Point Operator is fully responsible for the maintenance and proper functioning of the EV Charge Points.

   3. If you require guidance, service, or support on how to use any particular EV Charge Point, you will need to contact the relevant Charge Point Operator. Their customer services contact details are available online, and are often advertised on the EV Charge Point itself.

   4. We are responsible for the maintenance and proper functioning of your Statement of Account. If you require service or support related to your Statement of Account, please contact us directly.

   5. We are also responsible for issuing you with RFID Cards. In the event that you require an additional or replacement RFID Card, please contact us directly.

10. Complaints

    1. We hope you don’t have any need to complain, but if you do wish to make a complaint, please email hello@electroverse.com, or phone us on 0808 164 1088 between 9am and 5pm, Monday to Thursday and 9am to 4pm on Friday in your local jurisdiction and we will do our best to resolve the issue with you.

11. Your Information

    1. You agree that we may use any personal data that you provide to us in accordance with our Privacy Policy which is available on our website at https://octopus.energy/policies/privacy-policy/ and as set out in these terms.

12. Our Liability

    1. Nothing in this clause shall limit or exclude our liability for matters which cannot be limited or excluded under applicable law.

    2. We will not be liable to you for:

       1. Any loss due to circumstances beyond our control (Force Majeure event);

       2. Any loss which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contractor wasted expenses;

       3. Any loss which was not or could not have been reasonably foreseen even if we, our employees, subcontractors or agents did not follow this Contract; or

       4. Any loss caused by the malfunction, interruption, disruption or failure of the EV Charge Points or RFID Card availability or operability.

    3. If you suffer any loss or damage, our responsibility to you will be limited to a maximum of £5,000 in any calendar year.

    4. We do not limit or exclude liability for death or personal injury caused by our negligent acts or omissions.

    5. Notwithstanding the above, should you be accessing the services in Germany or France the provisions in this clause shall not apply and the conditions of Schedule 1 shall govern liability under this agreement in their place. 

13. Miscellaneous

    1. We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover the charges) or obligations under the Contract without your consent, but this will not affect your rights under the Contract.

    2. You may not transfer the Contract or any of your rights under it without first obtaining our written consent.

    3. If we do nothing, or delay taking action, when you breach the Contract, we will still be entitled to take prompt action to enforce a similar or subsequent breach of the Contract by you.

    4. Notices to you under this Contract will be sent by post or hand to the billing address, or in the case of email to the last known email address that you have provided.

    5. Notices to us under this Contract must be sent by post to Octopus Electroverse Ltd, UK House, 5th Floor, 164-182 Oxford Street, London, W1D 1NN.

    6. If any part of this Contract is declared invalid, illegal or is void or unenforceable, in any respect under any law of any jurisdiction, whether pursuant to any judgement or otherwise, the validity of the rest of the Contract under the law of that or any jurisdiction will not be affected.

    7. Unless otherwise required by a mandatory local law, the laws of England and Wales apply to this Contract and any disputes arising shall be dealt with exclusively by the English courts.

    8. "The EU Commission has created an internet platform for the online resolution of disputes (so-called "ODR platform") The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The customer can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/"

    9. Our Professional Insurance coverage details are as follows:

       1. Professional Indemnity Insurance.

          1. Name of insurer: Various Lloyd’s of London

          2. Policy number: B0713GLOPR2302246

          3. Purpose of insurance cover: Professional Indemnity Insurance.

       2. Public Liability Insurance

          1. Name of insurer: Chubb  European  Group SE

          2. Policy number: UKCASD44816

          3. Purpose of insurance cover: Public Liability Insurance

       3. Data Protection Insurance

          1. Name of insurer: the Munich Re Cyber Consortium 7729, Lloyd's Insurance Company S,  Munich Re Cyber Consortium 7727, Lloyd's Underwriter Syndicate No. 1080Axs, Lloyd's Insurance Company S.A. AXs 3328

          2. Policy number: B0713MEDTE2302968

          3. Purpose of insurance cover: Public Liability Insurance

Schedule 1 – Liability - Germany and France

1. Octopus Electroverse is only liable for damages of the customer: (i) insofar as the breach of duty is based on intent or gross negligence; (ii) in the case of injury to life, body, health; or (iii) for a breach of essential contractual obligations, i.e. those which the contract of use as well as the individual contracts precisely intend to impose on Octopus Electroverse according to its content and purpose, or the fulfilment of which makes the proper implementation of the contract of use as well as the individual contracts possible in the first place and on the observance of which the customer regularly relies and may rely. 

2. Compensation for damages caused by a slightly negligent breach of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract. Octopus Electroverse shall not be liable due to a slightly negligent breach of any other duty of care applicable.

3. The unlimited liability of Octopus Electroverse in the event: (i) of culpably caused injuries of life, body or health; (ii) of fraudulent concealment of a defect; (iii) assumption of a specific guarantee; or (iv) in cases of any other mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.

4. Not excluding or limiting any of the above provisions, Octopus Electroverse is not liable for any damage caused by the charging stations being used contrary to the operating instructions or in any other improper manner. 

5. In the event of an interruption of the charging process caused by the customer, the customer shall not be entitled to a refund of the payment.

Octopus Electroverse Limited - Subscription Terms and Conditions for Electroverse

Definitions

“Electroverse Account” means your personal account which provides you access to use the Electroverse Platform and associated products, such as an Electroverse Subscription;

“Electroverse Platform” means the software platform which enables users to access and charge their electric vehicles (EVs) at charging stations, currently known as the Octopus Electroverse;w

“Electroverse Subscription(s) or Subscription” means any or all of the subscriptions provided by us as part of our Octopus Electroverse, each of which can be accessed and subscribed for via the Electroverse Platform.

“Subscription Specifics” means any details specific to an individual Electroverse Subscription as set out in the subscriptions page of the Electroverse Platform relating to the specific Electroverse Subscription in question;

"we", "us", "our" and “Octopus” in each case refers to Octopus Electroverse Limited (company number 15274675), having its registered address at UK House, 5th Floor, 164-182 Oxford Street, London, W1D 1NN.

"you", "your" and "Customer" in each case refers to the person or persons named on the Application or any persons notified to us from time to time and accepted by us.

1. Introduction

   1. These are the T&Cs on which we provide Electroverse Subscriptions to you on the Electroverse Platform. These T&Cs are mandatory for anyone purchasing an Electroverse Subscription, and you must accept them to hold any subscription. 

   2. Please be aware that these terms and conditions only govern the Electroverse Subscription. Your use of the Octopus Electroverse shall be governed by the general terms and conditions you entered into when signing up for an Electroverse Account, which can be found here. 

2. Eligibility

   1. To be eligible for an Electroverse Subscription, you must: 

   2. be aged 18 or over;

   3. have an Electroverse Account and agree to the general terms and conditions governing the use of the Electroverse Platform, together with these T&Cs;

   4. have legal capacity to enter into a binding contract with us;

   5. be located in a jurisdiction where the Subscription requested is offered; 

   6. Have a valid, up-to-date method of payment; and

   7. not be in breach of any agreements with us or any of our terms and conditions (including these ones and any Subscription Specifics)

3. Your Electroverse Subscriptions

   1. To purchase a subscription go to the charging subscriptions page on the Electroverse app and select the subscription you desire. You will then be provided with the details of the Subscription in question, and you will be able to confirm your request for the Subscription. You will be able to see all the Electroverse Subscriptions you have taken out on your Electroverse Account. 

   2. By ordering an Electroverse Subscription and paying any recurring monthly subscription fees (as set out in your order for the relevant Electroverse Subscription) to keep your Electroverse Subscription active, you can take advantage of any discounted charging rates or other offers set out in the Subscription Specifics. We reserve the right to change the Subscription Specifics from time to time, subject always to providing you with fourteen (14) days’ notice.

   3. There are certain circumstances where we won’t be able to provide you with a subscription on our website or application. This might be:  

   4. because any or all Electroverse Subscriptions may no longer be available; 

   5. because the underlying charge point operator providing the Subscription no longer wishes to provide the Subscription;

   6. because of unexpected limits on our resources which we could not reasonably plan for;  

   7. because you do not have an Electroverse Account;

   8. because we have discovered that you do not, or have never, met the eligibility criteria specified in paragraph 2.

   9. because we have identified an error in the price or description of the Electroverse Subscription in question.  

4. Signing Up

   1. Once we have accepted your Electroverse Subscription order you will receive an email confirming that your Subscription has been set up successfully. Once you have received your confirmation email, you can use your Electroverse Subscription straight away by charging at a valid chargepoint.

5. Account Use

   1. You are not permitted to share your Electroverse Subscription with any other person. We aren’t responsible for any unauthorised use of your Electroverse Subscription and we reserve the right to suspend or terminate your Electroverse Subscription as a result. If we suspect that you are sharing your Electroverse Subscription, we may suspend your account while we investigate. If we find that you have breached these terms and conditions in a serious way, we may cancel your Electroverse Subscription with immediate effect and without refunding you for the remaining period of your Electroverse Subscription.  

6. Subscription Fees

   1. We reserve the right to change any subscription fee upon providing at least fourteen (14) days’ notice to you, subject always to your ability to cancel your Electroverse Subscription in accordance with paragraph 7.2. The subscription fee includes VAT. The first payment will be taken the day you sign up for the Electroverse Subscription. If a payment is not successfully settled, due to payment method expiration, insufficient funds, the chargeback of a previously valid payment, or otherwise, we may suspend your access to the subscription until we are in receipt of cleared funds from you for the subscription and subsequently cancel it if payment is still not received. 

   2. Payment can be made by any payment method supported by Electroverse, including MasterCard, Visa or American Express debit or credit card.  Subject to either you or us terminating the Electroverse Subscription, you authorise us to charge your original payment method on a recurring monthly basis with the relevant subscription fee as set out in the Subscription Specifics.

   3. If you do not make any payment to us when it is due, we will write to you to remind you that payment is due.  If you still do not make payment within 7 days of us reminding you that payment is due, we may end the contract, and prevent your access to Electroverse Subscriptions and/or the Electroverse Platform.

   4. You may add, update or change payment cards or other subscription details such as email address and billing address by updating the relevant details in your Electroverse Account.  

   5. Subject to any pause or cancellation of your Electroverse Subscription, we will charge you the monthly subscription fees which relate to the subscription you have taken (and as further set out in the Subscription Specifics) using the payment method linked to your account (or any updated details provided by your bank in the event that you receive a new card). 

7. Termination and renewal 

   1. Once any initial term applicable to your Subscription as specified in the Subscription Specifics has elapsed, your Subscription will automatically renew each month and will continue unless suspended or cancelled by you or us in accordance with these terms and conditions.  Each subscription period is one calendar month, starting from the day you first subscribe. You shall remain responsible for all recurring fees. 

   2. Save where your Electroverse Subscription involves a minimum commitment period, you can cancel your Electroverse Subscription at any time. Cancellation will take effect at the end of the subscription month in which you cancel (or at the end of the minimum commitment period if applicable), and you can continue to use your existing subscription until your subscription month has expired. The recurring subscription fee will not be taken from you the following subscription month. You will not receive a refund for any part of a month in which you cancel.  

   3. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") you also have the right to cancel your Electroverse Subscription, for any reason, within 14 days of the date of your subscription starting (the “Cooling-off Period”).

   4. If you wish to exercise your right to cancel under either paragraph 7.3, you must contact us to let us know that you are doing so. You may do this by emailing us at hello@electroverse.com.

   5. If you exercise your right of cancellation in accordance with paragraph 7.3, this contract will come to an end and we will reimburse to you the subscription fee received from you for your Electroverse Subscription. This may be £0 if your subscription included an initial free month.  We will make this reimbursement no later than 30 days after the day on which we are informed about your decision to cancel your Electroverse Subscription to the bank account linked to your Electroverse Account. Any charges incurred which relate to your use of the Electroverse (including but not limited to electric vehicle charging, penalties or fees) shall be at all times be payable by you. 

   6. We may withdraw the Electroverse Subscription. We will write to you to let you know that we are going to stop providing the Electroverse Subscription at least 1 month in advance of our termination and will not take any subsequent recurring monthly subscription fees in respect of the terminated Electroverse Subscription.

   7. We reserve the right to update, change, modify or terminate any or all of the Electroverse Subscriptions and these terms and conditions: 

      1. immediately on notice to you if:

         1. there is a change in applicable law or regulation; or 

         2. you are in serious breach of these T&Cs; or

         3. you are in serious breach of any other terms and conditions or agreements with us, and we reasonably believe that such breach may prejudice the performance of your obligations under these terms and conditions; or

         4. you breach these, or any other, terms and conditions in a way which is not serious but is: (i) repeated; or (ii) not put right within 30 days of us notifying you of the breach.

      2. effective from the beginning of your next monthly renewal if we need to change or cancel an Electroverse Subscription (including the price of any Subscription) and/or these terms and conditions for any other reason.  If you do not agree to any updates, changes or modifications you have the right to cancel an Electroverse Subscription by following the steps set out above.

8. Our Liability

   1. Our liability to you shall be governed by the general terms and conditions you entered into when signing up for an Electroverse Account.

9. Miscellaneous

   1. If you have any questions or complaints about an Electroverse Subscription or these T&Cs, please contact us. You can email our team at any time at: hello@electroverse.com

   2. We are committed to protecting your privacy and maintaining the security of any personal information received from you. Any data you submit to us will be held by us in accordance with our Privacy Policy. Our Privacy Policy can be viewed at: Electroverse Privacy Policy

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

   4. These terms and conditions are governed by English law under the exclusive jurisdiction of the courts of England and Wales.