char.gy Terms of Use

These terms of use (“Terms”) govern your use of the char.gy service (“Service”).

These terms govern your relationship with char.gy Limited (“we” or “us”).

Please note that these terms cover the electric vehicle charging services offered at our on-street charging points as well as to any interaction you may have with us on our website, apps or other electronic services offered by us.

Please read these terms carefully as they affect your rights and liabilities under the law.

Our charging service together with our website, apps and other services are together referred to as the “Service”.

If you do not agree to these Terms, please do not use the Service, or register as a user.

IF YOU HAVE ANY SAFETY CONCERNS ABOUT A CHARGING POINT PLEASE CONTACT US IMMEDIATELY ON hello@char.gy OR +44 800 086 9606

Please also see our Privacy Notice for information about how we collect and use your personal data.

IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES THE FOLLOWING SHALL GOVERN TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW:

DISCLAIMER OF WARRANTIES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY FACT OR LAW, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES AND COVENANTS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT AND ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OR GUARANTEES ARISING FROM STATUTE, COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

INDEMNITY: You agree to indemnify, defend, and hold harmless: (i) us and our directors, officers, employees, agents, and representatives, and (ii) owners of our charging points, and their respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from all liability for any loss, damage or injury to persons or property arising from or related to your misuse of the Services or otherwise for your negligence or misconduct.

LIMITATION OF OUR LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUE, GOODWILL, USE, DATA, NONOPERATION OR INCREASED EXPENSE; LOSS BY REASON OF SHUTDOWN, ANY LOSS OF REPUTATION OR PUBLIC IMAGE, OR OTHER INTANGIBLE LOSSES WHETHER SUCH DAMAGES ARE CHARACTERIZED IN TORT, NEGLIGENCE, CONTRACT OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN ANY MANNER WHATSOEVER CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES ANDREGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO US BY YOU FOR THE SERVICES BEFORE THE TIME THE LIABILITY AROSE.

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU HEREBY AGREE TO RELEASE, WAIVE AND AGREE TO FORGO TAKING ANY ACTION WHATSOEVER AGAINST THE INDEMNIFIED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OBLIGATIONS OR CAUSES OF ACTION OF EVERY CONCEIVABLE KIND AND NATURE WHATSOEVER, WHETHER ABSOLUTE, CONTINGENT, KNOWN OR UNKNOWN, ACCRUED OR OTHERWISE AND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES.

[For California users: You expressly waive any right under California Civil Code § 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.]

AGREEMENT TO ARBITRATE. RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR ACCOUNTS AND ALL RELATED SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORELIMITED THAN RULES APPLICABLE IN COURT.

You and we each agree that any and all disputes or claims that have arisen or may arise in the future between you and us, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court. The only exception to arbitration of claims is that both you and we have the right to pursue a claim in a small claims court instead of arbitration, if the claim is in that court’s jurisdiction and proceeds on an individual basis. However, if a matter in small claims court is removed, transferred, or appealed to a non-small claims court, that claim shall be subject to this agreement to arbitrate. This agreement to arbitrate is intended to be broadly interpreted. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1.

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. INCLUDING, WITHOUT LIMITATION, AS A CLASS-WIDE ARBITRATION OR PRIVATE ATTORNEY GENERAL ACTION, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. UNLESS MUTUALLY AGREED TO BY YOU AND US, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CHAR.GY USERS.

The arbitration will be conducted by the American Arbitration Association (“AAA”) by a single neutral arbitrator under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate. You may obtain a copy of the AAA arbitration rules, as well as additional information about initiating an arbitration by contacting AAA: 1-800-778-7879 (toll-free); www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to us should be sent to Suite A, Floor 6, 55 King William St, London EC4R 9AD, UK. If we initiate the action, we will send any Notice to you to the physical address we have on file; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and we are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or we may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. The arbitration shall be held in New York. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in- person hearing is held, you and/or we may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or us shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereon.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in this Agreement to Arbitrate. With the exception of any of the provisions in subsection (a) of this Section if a court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. If a court decides that any of the provisions in subsection (a) of this Section is invalid or unenforceable, then the entirety of this Section shall be null and void. The remainder of the User Agreement will continue to apply.

IF YOU ARE A NEW USER, YOU CAN CHOOSE TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE (“OPT OUT”) BY MAILING US A WRITTEN OPT- OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO Suite A, Floor 6, 55 King William St, London EC4R 9AD, UK. Should You not opt out of this agreement to arbitrate within the 30-day period, you and we shall be bound by the terms of this agreement to arbitrate.

You must file any opt-out notice with our legal department. Opt-outs must include the subject line “Opt-Out” and the email body must include your name, address, phone number, and the email address(es) used to log into your account(s) to which the opt-out applies. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this Section will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you opt out of arbitration, we reserve the right to terminate our relationship with you. If you opt out, any disputes arising out of our relationship will be governed in accordance with the laws of the State of New York without regard to conflict of laws. By opting out of the Arbitration Agreement you expressly agree to submit to the jurisdiction and proper venue of the competent state or federal courts located in New York County, New York.

APPLICABLE LAW & VENUE. The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on our website) using or related to the website and Services, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of New York, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or Use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York.

Use of services

Cancellation Policy

Right to Cancel

You have a right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract (meaning the day on which you accept our terms on our app or website).

To exercise the right to cancel, you must inform us at:

2nd floor, Suite A, Floor 6, 55 King William St, London EC4R 9AD or hello@char.gy

of your decision to cancel this contract by a clear statement (e.g. email or letter sent by post).

You may use the cancellation form attached, but it is not compulsory.

To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We may make a deduction from the reimbursement for the cost of any services supplied.

We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

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