VEVA MOBILE APP TERMS & CONDITIONS

PLEASE READ THESE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APP.

1. WHO WE ARE AND WHAT THESE TERMS DO

We, Em-Lite Limited incorporated and registered in England and Wales with company number 07137527 whose registered office is at 39-43 Bridge Street, Swinton, Mexborough, S64 8AP, license you to use:

  • the VEVA Electric Vehicle Charging mobile application software (“App”) and any updates or supplements to it;

  • the services you connect to via the App (“Services”); and

  • the related electronic documentation (“Documentation”),

as permitted in these terms.

2. YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information including 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 the Privacy Policy available in the Settings screen of the App and it is important that you read this information.

3. APPLE APP STORE AND GOOGLE PLAY’S TERMS ALSO APPLY

The ways in which you can use the App and the Documentation may also be controlled by Apple App Store and Google Play’s rules and policies and Apple App Store and Google Play’s rules and policies will apply instead of these terms where there are differences between the two.

4. OPERATING SYSTEM REQUIREMENTS

Your device must be compatible with the specifications required to download the App and run the correct level of operating system for which the App was designed. We are not responsible if your device does not meet the required specifications.

To download the App and use the Services, your device will require a connection to the internet. You are responsible for any charges that you may incur in connection with downloading the App or access to the Services.

The App will only operate with the range of VEVA charge points by connecting through the Services.

5. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or the Services or have any problems using them please visit the website www.vevacharger.com or email support@vevacharger.com.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please write to our customer service team at Unit 1, Stevern Way, Peterborough, PE1 5EL.

How we will communicate with you. If we have to contact you we will do so by email, using the email address you have provided to us.

6. HOW YOU MAY USE THE APP

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto your device and view, use and display the App and the Services on such device for your personal purposes only;

  • use any Documentation to support your permitted use of the App and the Services;

  • provided you comply with the LICENCE RESTRICTIONS, make up to two copies of the App and the Documentation for back-up purposes; and

  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

7. ACCOUNTS

To access the App and the Services, you must create an account via the App and you agree to specify a username and provide a valid email address. You must ensure that your email address is accurate. Should your email address change in the future, you agree to update it through the ‘My Account’ section of the App.

After registration, a verification email will be sent to the provided email address with instructions to verify your account. You must follow the instructions in this email to verify your account. If your account is not verified within 7 days from the date of registration, we reserve the right to cancel and delete the unverified account.

You are solely responsible for maintaining the confidentiality of your account and password, as well as all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security.

You may cancel your account at any time by using the ‘Delete Account’ function in the Settings screen of the App.

8. NETWORK CONNECTIVITY

A VEVA charge point must be connected to a stable and secure Wi-Fi network to enable it to operate with the Services and App. You are solely responsible for maintaining a Wi-Fi network that can support the operation of the VEVA charge point device.

Inadequate Wi-Fi network conditions will result in limited functionality and performance issues between the VEVA charge point, Services and App. By using the App, you acknowledge and agree that the responsibility of maintaining the required network connectivity rests solely with you, and you accept any limitations and issues that may arise due to inadequate Wi-Fi connectivity.

We shall not be responsible for any issues or losses arising from the inability to use the App due to a lack of or inadequate Wi-Fi connectivity at the VEVA charge point, including but not limited to poor network conditions, network failures, or security breaches.

9. CHARGES

There is no fee for using the App. However, we reserve the right to charge for the App, or certain features of it, in the future. We will notify you about any changes to fees by email, using the email address you have provided to us.

10. YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP

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

11. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Services as set out above at HOW YOU MAY USE THE APP. You may not transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

12. CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Services.

13. UPDATES TO THE APP AND CHANGES TO THE SERVICES

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

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.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.

14. SERVICE AVAILABILITY

While we strive to ensure that the App and its related Services are available continuously, there may be instances when the App or its Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to a failure of telecommunications links and/or equipment.

We do not guarantee that the App, or any content on it, will always be available or uninterrupted. Access to our App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if, for any reason, the App is unavailable at any time or for any period.

In the event of a network outage on our side, we will make every effort to restore our service as soon as possible. However, we will not be responsible for any damages, losses, or inconveniences suffered by the user as a result of such a network outage. These may include, but are not limited to, inability to monitor charger status, view usage history, set charge schedules, or lock/unlock the charger.

By using the App, you agree and accept that we will not be held liable for any issues arising from network outages or service interruptions.

15. IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING

If you download or stream the App onto any 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 device.

16. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or the Services 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 judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.

17. LICENCE RESTRICTIONS

You agree that you will:

  • 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, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • not translate, merge, adapt, vary, alter or modify the whole or any part of the App, Documentation 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, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services 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 licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;

    • 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;

    • 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.

18. 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, the Services 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 the Services;

  • 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 Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.

19. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation 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, the Documentation or the Services other than the right to use them in accordance with these terms.

20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

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.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and Services, 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 Services.

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 and in the Documentation) 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 contact with us and receive a refund for any Services you have paid for but not received.

21. 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 the 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 the Services:

  • You must stop all activities authorised by these terms, including your use of the App and the 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 remotely access your devices and remove the App from them and cease providing you with access to the Services.

22. WE MAY TRANSFER OUR RIGHTS 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 these terms.

23. 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.

24. NO RIGHTS FOR THIRD PARTIES

These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these terms.

25. IF A COURT FINDS PART OF THESE TERMS 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.

26. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM 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 these terms, 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.

27. WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

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