Terms and Conditions for use of First Bus EV Charging facilities at Summercourt, Cornwall.

1    THESE TERMS 

1.1    Definitions:
(a)    “Authorised Payment Card” means any Visa or Mastercard debit or credit card, Apple Pay or Google Pay;
(b)    "Charging Equipment” means any equipment identified and allocated for the purposes of recharging owned or made available by us at the Charging Location;
(c)    "Charging Location” means the Charging Equipment and related allocated parking made available to you for the purposes of recharging a vehicle at Summercourt; 
(d)    “Contract” means the contract created between you and us upon your acceptance of the Terms or use of the Services, and governed by the Terms;
(e)    “Fee” means the price for using the Charging Equipment, for the purpose of recharging a vehicle, as set out at the Charging Location from time to time;
(f)    “Online Services” means the use of our online system which is accessible through our Website for making and managing payments for vehicle recharging;
(g)    “Services” has the meaning given in clause 3.1;
(h)    “Summercourt” means Summercourt Bus Depot, St Austell Street, Newquay, TR8 5DR; 
(i)    “Terms” means these terms and conditions;
(j)    “Website” means https://www.firstbus.co.uk/terms-and-conditions/ev-charging;
1.2    These Terms govern our relationship regarding your use of the Services. Please read these terms carefully before you accept them or use the Services, as it contains important information about who we are, how we will provide the Services to you, how you or we may change or end the Contract and other important information. You must not access, or must stop accessing, the Services if you do not agree to these Terms. 

2    INFORMATION ABOUT US AND HOW TO CONTACT US

2.1    Who we are: We are FirstGroup Energy Limited, a company registered in England and Wales with registration number 14849867. Our registered address is The Point 8th Floor, 37 North Wharf Road, London, England, W2 1AF (“We”, “Us”, “Our”). 
2.2    How to contact us: You can contact our Customer Service Team by telephone on +44 (0)20 4576 9498, by email at support@heliox-energy.com or by post at Heliox Automotive B.V. De Waal 24 5684 PH Best, The Netherlands
2.3    How we may contact you: If we have to contact you we will do so either by telephone, email or post using the contact details you provided to us when you signed up to receive the Services from us.

3    SERVICES

3.1    We will make the following services available to you (together the “Services”) subject to availability and any limitations or conditions set out in these Terms:
(a)    use of the Charging Location, including the Charging Equipment, for the purpose of recharging a vehicle;
(b)    access to the Website for the purposes of accessing these Services; and 
(c)    use of point-of-sale terminal incorporated in the Charging Equipment for the payment of all fees for the charging services

4    YOUR USE OF THE SERVICES

4.1    If you are aware of any unauthorised access to, or suspicious activity on, your Account, or if you think there is something wrong with your service, you must contact our Customer Service Team using the details stated above.
4.2    You must:
(a)    comply with all instructions at the Charging Location and act reasonably and safely whilst using the Charging Equipment; and
(b)    fully disconnect the charging cable on completion of charging and remove the vehicle from the Charging Location and allow others to use the Charging Equipment when fully charged (or you have ceased charging).
4.3    You will be responsible for any damage caused to any of the Charging Equipment, any other property or for any injury to any person which is caused by your breach of these Terms or by your misuse or negligence or failure to comply with any instructions at the Charging Location or guidance in relation to the Charging Equipment
4.4    You acknowledge that we do not guarantee how long your vehicle will take to charge and that charging times may vary.

5    PRICE AND PAYMENT 

You agree to pay the Fee and to use an Authorised Payment Card in order to pay the Fee.
5.1    You can pay the Fee using a contactless payment method (provided this is with an Authorised Payment Card). The Fee will be displayed on the point-of-sale terminal incorporated in the relevant Charging Equipment. You agree to pay the amount as stated on the point-of-sale terminal.
5.2    To use a contactless payment method, you must touch the contactless Authorised Payment Card on the card reader at the selected Charging Location at the start of each time you use the Charging Equipment. £50 will initially be authorised (but not debited) to the Authorised Payment Card. The full Fee will be charged upon completion of the Services. It is your responsibility to check the price of our Services at the Charging Location before commencing recharging.
5.3    When you touch your contactless Authorised Payment Card on a card reader at the selected Charging Location, you are giving authorisation for the cost of the Fee to be charged to your payment account.
5.4    After you have finished charging your electric vehicle, we will charge you the Fee. The amount charged to your payment account will be calculated based on the amount of electricity you have used and the applicable price for the Charging Location you have used, as well as any applicable additional fees.
5.5    All prices shown at Charging Locations are inclusive of VAT.

6    CHANGES TO THE SERVICES AND RIGHTS TO END THE CONTRACT

6.1    We may change the Services to: 
(a)    reflect changes in relevant laws and regulatory requirements; or
(b)    make minor technical adjustments and improvements, for example to address a security threat. These changes are not expected to affect your use of the Services.
6.2    We may make significant changes to the Services or the Terms, in which case we will notify you. You can contact us in order to end the Contract before the change takes effect and receive a refund for any Services you've paid for in advance, but not received.
6.3    We may suspend the supply of Services to: 
(a)    deal with technical problems or make minor technical changes; 
(b)    update the Services to reflect changes in relevant laws and regulatory requirements; 
(c)    make changes to the Services; 
(d)    carry out improvement works in relation to the Services.
6.4    We will contact you in advance to let you know we will be suspending our provision of the Services, unless the problem is urgent or an emergency. If we suspend the Services, or tell you we will suspend the Services, for more than 3 months you can contact us to end the Contract.
6.5    We may stop providing the Services, in which case we will notify you at least 3 months in advance. 
6.6    You have fourteen (14) days from the date you agree to the Terms to change your mind about your purchase of any of the Services. If we have completed any part of the Services, you will lose your right to change your mind in relation to that part of the Services.

7    OUR LIABILITY

7.1    Except for any liability that we cannot exclude in law (including liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors), we are not legally responsible to you for the following:
(a)    Any loss or damage: 
(i)    that was not reasonably foreseeable to you and us when these Terms were entered into; 
(ii)    caused by a delaying event outside of our control; or
(iii)    that was avoidable (including your failure to follow our instructions); 
(b)    Business losses;
(c)    Any failure or defect of or damage caused by any charging point at Summercourt or any parking bay used by you in order to use a charging point at Summercourt;
(d)    Third party damage to vehicles or any other third-party property; 
(e)    Any bugs, viruses, trojans on the Website; or
(f)    Suspension or loss of access to the Websites and/or Apps or any functionality.

8    YOUR PERSONAL INFORMATION

8.1    How we use any personal information you give to us is set out in our Privacy Notice on https://www.firstbus.co.uk/privacy-policy.

9    YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

9.1    Customer Service Team: If you are unsatisfied with our Services, please contact our Customer Service Team using the contact details provided above and they will do their best to resolve any problems you have. We aim to respond to your complaint within 14 working days.
9.2    These terms are governed by English law. You can bring legal proceedings in relation to these Terms in the English courts or any other courts in the United Kingdom.

10    OTHER IMPORTANT TERMS 

10.1    We may transfer or assign the Contract to a different organisation, so that this organisation will be responsible for supplying the Services. You will not transfer or assign the Contract unless without our prior written consent.
10.2    This Contract is between you and us, and no one else shall have the right to enforce the terms of this Contract.
10.3    If a court or other authority determines that any of these terms are unlawful, the remaining terms will continue to apply.
10.4    We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
10.5    If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you are not required to comply with the Terms and it will not prevent us taking steps against you at a later date.