General Terms and Conditions for Nissan Charge powered by Octopus Electroverse Limited

Definitions

"Application" means an application for the use of Nissan Charge, 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 Nissan Charge, being a calculation based on time and/or total energy consumed at an EV Charge Point, and other ancillary costs, fees and/or penalties, 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" has the meaning given to it in clause 1.1 of these Terms and Conditions.

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

“Nissan” in each case refers to Nissan Automotive Europe SAS (registered in France with company number 443 089 990) and registered office at 8 rue Jean Pierre Timbaud, 78180 Montigny-le-Bretonneux, France.

“Nissan Charge” 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 Octopus Electroverse and Nissan manage your personal data.

“RFID Card” means a unique radio-frequency identification card provided to you by Octopus Electroverse on behalf of Nissan Charge 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 Nissan Charge 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 who operate Nissan Charge on behalf of Nissan Automotive Europe SAS.

"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.

Introduction
1. These Terms and Conditions and the applicable Charge records for Nissan Charge shall form the “Contract” between you and Octopus Electroverse and govern your access to and use of Nissan Charge. 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.
4. Please note that, in order for Nissan to comply with its business and regulatory requirements, the services proposed under these terms and conditions will only be available in the following countries: UK, France, Germany, Spain, Italy, Netherlands, Belgium, Sweden, Norway, Denmark and Luxembourg. We will update these terms as and when Nissan notifies us that it is able to make the service available in other jurisdictions.
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. only have one active Nissan Charge account at any time.
  3. provide us with an address that allows you to receive the RFID Card by post if you place an order for an RFID card;
  4. have a mobile phone that gives you access to third party apps;
  5. either provide Octopus Electroverse with any information and permissions we require to make payments to Octopus Electroverse acting on behalf of Nissan Charge by credit or debit card by the payment due date we tell you; and
  6. 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 or your online account.
3. Should you fail to meet any of the conditions set out in clause 2.2, or if you commit a serious or repeated breach of this Agreement, we reserve the right to terminate your access to Nissan Charge.
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 Nissan Charge if we have not obtained all the information we need to initiate access.
3. Please note that you are responsible for complying with any EV Charge Point usage instructions or conditions applied to charging by a Charge Point Operator. By agreeing to these terms and conditions you are hereby acknowledging and agreeing that you will comply with any such instructions at all times when using the EV Charge Point.
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. We set the applicable energy and time-based rates, which can be found on the Nissan Charge 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 rounded 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 Electroverse acting on behalf of Nissan 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 or Nissan incur (including administration cost) because you failed to meet the Terms and Conditions of this Contract, or because you failed to use the EV Charge Points in accordance with any instructions for use provided at the EV Charge Point.
  4. VAT is also payable at the applicable rate.
Payment Method
1. We require that a valid Payment Method is available and functioning on your account before you can make use of the EV Charging Points.
2. If you are using a credit or debit card you will be required to pay for each Charge immediately after we receive details of the charging session from the charge point operator
3. We reserve the right to refuse to process any transaction we deem fraudulent or suspicious.
Non-Payment of Charges
1. If you do not pay for your use of Nissan Charge 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 Nissan Charge.
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 Nissan Charge.
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 Nissan Charge without penalty.
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 Nissan Charge 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, penalties 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 Nissan Charge 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;
  4. We have reason to believe that your account has been used for fraudulent or malicious activities;
  5. We are required to do so by any law, code or agreement.
4. If we suspend your access to Nissan Charge, 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 3 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.
Customer Service and Support
1. The EV Charge Points are the property of the respective Charge Point Operator. You are responsible for ensuring that you operate the EV Charge Points in accordance with any usage instructions 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. We will of course assist you, however we can, where you are unable to access an EV Charge Point due to a failure in our services.
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.
Complaints
1. We hope you don’t have any need to complain, but if you do wish to make a complaint, please email nissancharge@electroverse.com and we will do our best to resolve the issue with you.
Your Information
1. You agree that Octopus Electroverse and Nissan may use any personal data that you provide to us in accordance with our Privacy Policy which is available on our website here and as set out in these terms.
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.
Credit and Credit Codes
1. For the purposes of these terms and conditions, a Credit Code is a unique code issued to you which, when used correctly, will add the amount of credit associated with the Credit Code to your Nissan Charge account.
2. Unless otherwise specified in relation to a particular Credit Code, all Credit Codes will be valid for 12 months after they are issued (the Code Period), and must be used within the Code Period.
3. You may only redeem one Credit Code for each campaign unless otherwise specified within the terms of a campaign.
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 Nissan Charge operated by 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

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.
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.
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.
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.
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.