ESB ecars EV Charging Terms of Service for Fleet Customers

General

These Terms of Service apply to Your registration for the Service, and Your use of the Website, Ecar Connect Mobile App, Charge Point Map and Our Public Charging Network, and are valid from 28th June 2021.

1.1 By

using the Website, Ecar Connect Mobile App or Charge Point Map;

registering for and / or using theService , You are entering into the Agreement and agree to be bound by these Terms of Service.

1.2 You agree that You have read, understood and to agree to be bound by, the terms of the ESB Data Privacy Notice and You shall procure that all Authorised Users have read and understood and agree to be bound by same.

2. Definitions and interpretation

2.1 Definitions

In these Terms of Service, the following terms shall have the following meanings:

“Account” means any account held with Us in Your or an Authorised User’s name for the purposes of the provision/use of the Service;

“Agreement” means the agreement between ESB ecars and You which is governed by these Terms of Service;

“Authorised User” means a person You have authorised to use Your Charge Point Access Card(s) and Account(s) at any point during the existence of the Agreement.

“Charge Point” means a piece of equipment capable of charging an EV;

Charge Point Access Card” means a card issued, operated or managed by ESB ecars or bearing a registered trade mark owned by Us, ESB or a company in the ESB Group of Companies, which can be used by You to access the Service.

“Charge Point Equipment” means any equipment on or attached to a Charge Point, including cables, connectors, screens, holsters, buttons, card readers and casing;

“Charge Point Map” refers to an electronic map operated and maintained by ESB ecars, which is displayed on www.esb.ie/ecars and in the Ecar Connect Mobile App, and which shows both Charge Points on the Public Charging Network, and Third Party Charge Points;

“Controller” has the meaning given to “controller” in the GDPR;

"Customer Care Team" refers to our call centre customer service line, available 24 x 7 by telephone on (01) 258 3799 (Ireland), or 0345 601 8303 (Northern Ireland);

“DPA” means the Data Protection Acts, 1988 to 2018 and any other statute, statutory instrument, rule, order, directive, or regulation, of any competent national or supranational authority relating to the protection of Personal Data or the privacy of individuals (including the GDPR);

“Ecar Connect Mobile App” means Our mobile application for Android and Apple devices;

“ESB” refers to the Electricity Supply Board, a statutory corporation having its principal place of business at Two Gateway, East Wall Road, Dublin 3, D03A995. ESB is the Holding Company of ESB ecars;

“ESB ecars”, “Our”, “Us” and “We” refer to ESB Innovation RoI Limited, a limited liability company registered in Ireland with company number 600827, having its registered address at Two Gateway, East Wall Road, Dublin 3, D03A995. ESB ecars is a Wholly Owned Subsidiary of ESB;

“ESB Data Privacy Notice” means the ESB data privacy notice which is published on www.esb.ie/ecars and which is available on the Ecar Connect Mobile App;

“EV” means an electric vehicle;

“Fast Charge Point” means a Charge Point capable of delivering a power output greater than 22 kW and up to 50kW;

“Fixed Term” means the fixed term of the Agreement, as contained in the Price Plan Terms and Conditions for Fleets;

“GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679) and any primary or secondary legislation enacted pursuant to or in the exercise of any rights obligations or options conferred on Ireland by the said Regulation;

“Group of Companies” shall have the meaning given to it under Section 8 (3) of the Companies Act, 2014;

“High Power Charge Point” means a Charge Point capable of delivering a power output greater than 50Kw;

“Holding Company” shall have the meaning given to it under Section 8 (1) of the Companies Act, 2014;

“Parties” means You and Us and “Party” means either one of You or Us;

“Partner Network” means a charge point network operated independently of the Public Charging Network;

“Personal Data” shall have the meaning given to it under the GDPR;

“Price Plan Terms and Conditions for Fleets” means the complete set of fees and charges associated with the provision of the Service, which may be found on www.esb.ie/ecars, or otherwise made available to You;

“Processing” shall have the meaning given to it under the GDPR, and “Process” and “Processed” shall be construed accordingly;

“Public Charging Network” refers to the ESB operated network of Charge Points, including Standard Charge Points, Fast Charge Points and High Power Charge Points in the Territory, which are accessible to and available for use by the general public;

“Roaming Service” means a value-added service which allows You to charge Your EV using Charge

Points on one or more Partner Networks, located either inside or outside the Territory;

“Service” means the EV charging service offered by Us, both (i) through Our Public Charging Network, and (ii) through Our Roaming Service;

“Standard Charge Point” means a Charge Point capable of delivering a power output greater than 0 kW and up to 22kW;

“Terms of Service” means these terms of service, which for the avoidance of any doubt include the Price Plan Terms and Conditions for Fleets;

“Territory” means the island of Ireland;

“Third Party Charge Point” means a Charge Point which does not form part of the Public Charging Network, and is not included in the Roaming Service;

“Website” means www.esb.ie/ecars;

“Wholly Owned Subsidiary” shall have the meaning given to it under Section 8 (2) of the Companies Act, 2014;

 “You” and “Your” refer to the legal entity on whose behalf an Authorised User  has registered an Account for use of the Service.

2.2 Interpretation

2.2.1    No heading of any Clause, Appendix, Schedule or paragraph shall affect the interpretation of these Terms of Service.

2.2.2 A ‘person’ includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.

2.2.3 Any Appendices and Schedules to this Agreement form part of these Terms of Service and shall have effect as if set out in full in the body of these Terms of Service and any reference to these Terms of Service includes Appendices and the Schedules.  

2.2.4 Words in the singular shall include the plural and vice versa.

2.2.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, re-enactment or replacement and includes any subordinate legislation for the time being in force made under it.

2.2.6 A reference to writing or written includes faxes and email.

2.2.7 Where the words ‘include(s)’, ‘including’ or ‘in particular’ are used in these Terms of Service, they are deemed to have the words ‘without limitation and without prejudice to the generality of any description, definition, term or phrase’ following them and the words ‘include(s)’, ‘including’ or ‘in particular’ shall be construed accordingly. Where the context permits, the words ‘other’ and ‘otherwise’ are illustrative and shall not limit the sense of the words preceding them.

2.2.8 References to Clauses, Sub-clauses, Appendices and Schedules are to the Clauses, Sub-clauses of, and Appendices and Schedules to, these Terms of Service.

3. The Service

3.1 We will provide You with the Service on the terms and conditions set out in these Terms of Service.

3.2 For the avoidance of any doubt, You shall be fully liable for all monies due for use of the Service by Authorised Users arising out of or in connection with the Terms of Service and/or the Agreement.

3.3 The use of Charge Points owned, operated and managed by individuals or organisations other than Us, on networks other than the Public Charging Network, or those covered by Our Roaming Service, or in jurisdictions outside the Territory, even if shown on the Charge Point Map, is carried out at Your own risk and We do not accept any liability for any loss, damage, cost, expense of any nature whatsoever arising from Your use of such Charge Points.

3.4 A breach by You or any Authorised User of these Terms of Service may, at Our sole discretion, result in the suspension of Your Account and/or the termination of the Agreement by Us.

3.5 We shall be entitled to suspend Your Account and/or terminate the Agreement if:

3.5.1 You fail to provide payment for the Service as per the Price Plan Terms and Conditions for Fleets;

3.5.2 You or any Authorised User persistently mistreat or damage Charge Points or Charge Point Equipment; or

3.5.3 You or any Authorised User repeatedly avoid the overstay fee as specified in the Price Plan Terms and Conditions for Fleets, in an attempt to lengthen Your charge time and circumvent the application of the overstay fee by:

            3.5.3.1 stopping an in-progress charge before the overstay fee is due to apply;

            3.5.3.2 starting another charge on the same Charge Point from the same Account within five minutes following the ending of the first charge.

3.6 Except where expressly agreed in writing by Us, any Service provided via any Account/Card issued to any Authorised User shall not be used by any Authorised User for any purpose other than the charging of Your EV(s).

3.7 You shall not, and shall procure that Authorised Users shall not, resell or otherwise dispose of, the Service (or any part thereof) to any third party.

4. Use of the Public Charging Network

4.1 Only You, via Authorised Users, are permitted to use all available Charge Points on the Public Charging Network in accordance with these Terms of Service.

4.2 You shall, and procure that Authorised Users shall, abide by any access or parking restrictions in place in the vicinity of any Charge Point and will be responsible for the payment of any applicable fees (including but not limited to parking fees) to the relevant authorities.

4.3 We will use our reasonable endeavours to ensure that the Public Charging Network is available and operational at all times.

4.4 In the event that you or an Authorised User discover an operational issue with the Public Charging Network, You should contact Us as soon as possible by calling Our Customer Care team, by sending an email to ecars@esb.ie, via www.esb.ie/ecars, or through the Ecar Connect Mobile App.

4.5 Activation of Charge Points on the Public Charging Network shall be via the Charge Point Access Card or the Ecar Connect Mobile App only. 

4.6 Except where there is a health and safety issue or where there is an issue beyond our reasonable control (including where there is a fault on the local electrical network), we will try to ensure that only those Charge Points on the Public Charging Network that are operational or available are advertised on the Charge Point Map.

4.7 If maintenance or repairs are planned or necessary at or to Charge Point or Charge Point Equipment, we will try to make the latest operational status information of the affected Charge Points available on the Charge Point Map.

4.8 You shall, and procure that Authorised Users shall, use all Charge Points in a safe, fair, reasonable and efficient manner at all times.

4.9 You shall and procure that Authorised Users shall, promptly disconnect Your EV and vacate the parking bay in which the Charge Point You are or the Authorised User is  using is located as soon as possible once You have or the Authorised User has finished charging Your EV.

4.10 After completing a charge on one of our Fast Charge Points or High Power Charge Points, the connector will be carefully returned to, and securely re-seated in, the holster on the Charge Point by You or the Authorised User.

4.11 You shall not, and procure that Authorised Users shall not:

4.11.1  tamper with any Charge Point;

4.11.2 use any Charge Point or the parking bay in which it is located for any purpose other than for the charging of an EV;

4.11.3 connect any cable, adapter, connector, switch or other interface to a Charge Point which is not fit for purpose and/or fully compliant with all relevant laws, regulations and specifications. Any Use of any such interface shall be entirely at Your own risk;

4.11.4 abandon any cables used to charge an EV at a Charge Point, by disconnecting them from an EV while the other end remains locked in the Charge Point once charging finishes. Should this occur, We reserve the right to remove these cables from the Charge Point;

4.11.5 use the Service in a manner which is, or which has a purpose or effect which is, dangerous, harmful, unlawful, fraudulent, disruptive or which causes nuisance or is in connection with a criminal offence;

4.11.6 act in any way which prevents, impairs or jeopardises the operation of any Charge Point: or

4.11.7 remain connected to a Charge Point for a period greater than 10 minutes after charging finishes. If this happens, We shall be entitled to charge a fee.

We cannot guarantee that Our Website, Ecar Connect Mobile App, and/or access to the Charge Point Map will always be available, fault-free and secure and We do not guarantee that the information contained on these is correct and up to date.

The Charge Point Map and/or Our Ecar Connect Mobile App may use Authorised Users’ location information so that We can try to provide accurate charge point location information. The option to provide Us with permission to use such location information will be clearly presented, if permission is provided, it will be possible for it to be revoked at any time by disabling the location sharing setting on the device on which the Charge Point Map and/or Our Ecar Connect Mobile App is being accessed. Where location information is not provided, the accuracy and functionality of the Charge Point Map and/or Ecar Connect Mobile App (as relevant) will be reduced.

We may use third party applications, services and/or software to support the use of Our Charge Points, Website, Ecar Connect Mobile App and/or the Charge Point Map. Where We do so, and Authorised Users make use of these, You agree, and undertake to procure that Authorised Users agree, to the use of these third party services and/or software.

5. Health and Safety

5.1 You shall, and shall procure that Authorised Users shall, use the Charge Points on the Public Charging Network in a responsible manner with reasonable care.

5.2 You shall, and shall procure that Authorised Users shall, handle all Charge Point Equipment with care, and in a safe manner.

5.3 You agree not to, and procure that Authorised Users shall not, deliberately damage, mistreat or otherwise compromise the Public Charging Network’s ability to function in any way.

5.4 When using a Charge Point on the Public Charging Network to charge your EV, You shall, and procure that Authorised Users shall, use only either the captive charging cables tethered to the Charge Point, or the charging cable supplied by (or approved by) Your EV supplier / manufacturer, either with or without specialised adapters. You shall and procure that Authorised Users shall not use any other means to charge your EV.

5.5 When using a Charge Point on the Public Charging Network You shall adhere to, and procure that Authorised Users shall adhere to, all safety related instructions, notifications, and advice as issued and / or published by Us via www.esb.ie/ecars, the Ecar Connect Mobile App or otherwise.  

5.6 In the event of You or an Authorised User having (or becoming aware of) a health and safety – related concern or issue with the Public Charging Network, You or the Authorised User should immediately refrain from using the Charge Point, and should immediately contact the Customer Care Team, ESB Networks on 1890 372 999, or the emergency services on 999 or 112.

5.7 We take no responsibility and shall have no liability whatsoever for any issues arising out of or in connection with Your or Authorised Users’ use of Third Party Charge Points.

6. Roaming Service

6.1 If offered to You, Our Roaming Service will entitle You and Your Authorised Users to charge Your EVs on Charge Points on Partner Networks, a list of which is published on Our Website.

6.2 Access to these Charge Points will be provided using either the Charge Point Access Card, Our Mobile App, or any other method made available by Us.

6.3 You will be charged by Us for Charge Points used through the Roaming Service. 

6.4 When You or an Authorised User uses a Charge Point You agree and acknowledge that there may be access or parking restrictions in place in the area around that Charge Point. You accept that You will be responsible for the payment of any applicable fees (including but not limited to parking fees and/or fines) to the relevant authorities or third party organisations in connection with the use of that Charge Point by You or Authorised Users.

6.5 When using a Charge Point on Partner Networks, You shall, and shall procure that Authorised Users shall:

6.5.1 become familiar with, and to be bound by, the current terms of use, terms of service, or similar, as published and as made available by the Partner Network operator;

6.5.2 follow all rules, guidance and directions as issued and/or published by the Partner Network operator;

6.5.3 respect and follow all safety-related instructions, notifications, and advice as issued and/or published by the Partner Network operator; and

6.5.4 use all Charge Point Equipment in a responsible and safe manner, and agree not to deliberately damage, mistreat or compromise its ability to function in any way.

6.6 Charge Points available on Our Partner Networks through Our Roaming Service are operated independently of the Public EV Charging Network. If You or Your Authorised Users make use of these Charge Points through Our Roaming Service, We may charge or bill You for this use. Other than for charging and billing purposes, We therefore do not accept any responsibility or liability whatsoever for any issues arising out of or in connection with the use of these Charge Points by You or Your Authorised Users.

6.7 The reliability and dependability of Charge Points made available to and used by You or Authorised Users through the Roaming Service is the responsibility of the Partner Network operators.

6.8 In the event of You or an Authorised User having a health and safety – related concern or issue when using a Charge Point through the Roaming Service, You or Your Authorised User should immediately stop using the Charge Point, and contact the emergency services on 999 or 112.

7. Pricing

7.1 You will pay for the Service as per Your chosen Price Plan as defined in the Price Plan Terms and Conditions for Fleets. This may incorporate fixed, variable, once-off and / or recurring components.

7.2 Payments for the use of the Service by You and Authorised Users are to be made in the currency as indicated in Your chosen Price Plan.  in accordance with the Price Plan Terms and Conditions for Fleets. 

8. Overstay Fees

8.1 In order to ensure efficient use of the Public Charging Network, and to discourage inappropriate use of Charge Points, an overstay fee may be applicable. This is specified in the Price Plan Terms and Conditions for Fleets and will be included in the over-all cost to charge.

8.2 In general, the application of the overstay fee will be automated. However, We reserve the right to apply this manually and retrospectively should We detect that attempts were made by You/an Authorised User to circumvent it. Stopping an in-progress charge and starting another one on the same Charge Point from the same Account, with just a token period of inactivity (less than 5 minutes) in between shall be regarded by Us as an attempt at circumvention.

9. Payment

9.1 We accept electronic payment via all major debit and credit cards, including Visa, Mastercard, Maestro, Diners Club and JCB. Additional payment options may be added and made available to You over time.

9.2 Payment card details or otherwise stored on Your Account to facilitate the use of the Service may be updated or modified by You online via our Website, or via the Ecar Connect Mobile App.

9.3 Details of a valid payment method with sufficient funds available must be provided by You.

9.4 Payment collection will be based on the type of Account You have with Us. We will collect payment immediately in the case of pre-pay Accounts i.e. upon initial Account creation / activation or when You instruct Us to do so (by indicating that You wish to perform a top-up). In the case of post-pay Accounts, We will collect payment in line with the Price Plan Terms and Conditions for Fleets.

9.5 Should payment be declined, or fail for reasons associated with payment card validity, lack of adequate funds, or other issues not connected with our payment processing systems, We will let You know. In the case of post-pay accounts, the Service will be temporarily suspended should payment fail, pending the rectification of the payment issue by You and the successful collection by Us of the amount due. We reserve the right to charge a late payment fee in addition to the amount due, details of which will be specified in the Price Plan Terms and Conditions for Fleets.

9.6 In the event that You fail to resolve the issue within 14 days of the initial payment failure, Your account will be disabled and all Charge Point Access Cards de-activated.

9.7 You will need to contact Us in order to pay the outstanding balance on the Account and have it re-activated. We (or Our agents acting on our behalf) will be entitled to take all necessary steps required to recover any outstanding amounts due.

10. Cooling off period

10.1 If You register for an Account with Us, irrespective of the type, either post-pay or pre-pay, You may choose to terminate the Service and hence the Agreement within 14 days of Account Activation. Any costs incurred by You/Authorised Users during this period, be they usage or service-related, will be borne by You. All cancellation requests should be directed to our Customer Care Team, or emailed to ecars@esb.ie.

11. Charge Point Access Cards

11.1 In order to access the Public Charging Network, You and Authorised Users may choose to use a Charge Point Access Card. Charge Point Access Cards will remain valid provided the Account to which they are associated is active, and is not in arrears. Multiple Charge Point Access Cards may be active (and used simultaneously) on Your Account at any one time.

11.2 Charge Point Access Cards are Our property and should be returned upon Account closure.

11.3 You shall not, and shall procure that no Authorised User or any third party working on Your behalf shall not, tamper with, modify, copy, reverse engineer (or similar) any Charge Point Access Card. Detection by Us of any such activities will result in immediate Account suspension. We reserve the right to recover any costs, losses and/or damages incurred by Us arising out of or in connection with unauthorised access to, or misuse of, a Charge Point Access Card and/or any data and/software held therein.

11.4 If Your Charge Point Access Cards are lost or stolen, You must contact our Customer Care Team immediately to deactivate them.

11.5 We shall have no liability whatsoever to You arising out of or in connection with the Agreement or these Terms of Service for any unauthorised use of Your Charge Point Access Card(s).  

11.6 We reserve the right to refuse any single Charge Point Access Card  transaction for any reason connected with Account security and You agree that We shall not have any liability whatsoever to You arising out of or in connection with such refusal.

11.7 You shall ensure that no Charge Point Access Card remains in the possession of any person who has ceased to be an employee, agent, subcontractor of Yours, as the case may be.

12. Account Activation

12.1 Your Account will be fully provisioned, and the Service made available, from the point at which we create / activate Your Account on Our systems, or when You complete the registration process by telephone, on www.esb.ie/ecars or in the Ecar Connect Mobile App. The dispatch of any associated Charge Point Access Card(s) when ordered (either automatically by the system or manually by You) will occur within 7 working days.

13. Termination

13.1 You have the right to terminate the Agreement by giving Us notice electronically either via email to ecars@esb.ie or via the methods listed on www.esb.ie/ecars;

13.2. Upon receipt of a notice from You to terminate the Agreement, termination will occur on the last billing date of the Fixed Term, unless You elect to pay an early termination fee (if specified in the Price Plan Terms and Conditions for Fleets).

13.3 We shall be entitled summarily to terminate the Agreement without notice and without any compensation being paid to You if:

13.3.1 You or any of the Authorised Users shall at any time be guilty of any serious or persistent misconduct or any breach or non-observance of any of the Terms of Service; or

13.3.2 You cease to carry on business in the normal course, commit an act of bankruptcy or are adjudicated bankrupt or enter into liquidation, whether compulsory or voluntary other than for the purposes of amalgamation or reconstruction, or compound with Your creditors generally or have a receiver, administrator, administrative receiver or liquidator appointed over all or any of Your assets or suffer execution or distress or take or suffer any similar action in consequence of debt or become unable to pay Your debts as they fall due.

13.4 The expiry or termination of the Agreement shall not operate so as to affect such of the provisions hereof as are expressed to operate or have effect after termination and shall be without prejudice to any rights or obligations which shall have accrued and/or are owing prior thereto or which are intended to survive termination of the Agreement.

14. Refunds

14.1 Any decision regarding the provision of refunds will be made at Our sole discretion.

15. Feedback/Complaints

15.1 If You would like to provide feedback or make a complaint in respect of the Service, You may do so by contacting the Customer Care Team, or via email to ecars@esb.ie.

16. Data Protection

16.1 The Parties agree that the relationship between them arising out of the Agreement and these Terms of Service is a Controller to Controller relationship and that no Personal Data will be Processed arising out of or in connection with the Agreement or these Terms of Service. As Controllers, the Parties agree to comply with their obligations under the DPA. In the event that there is a requirement for Processing of Personal Data arising out of or in connection with the Agreement or these Terms of Service, the Parties agree that the necessary amendments to these Terms of Service will be made to make them compliant with the DPA.  

17. Marketing

17.1 From time to time We (or agents acting on Our behalf) may contact You by text message, e-mail, post, telephone or in person with information about products or services (EV-related or otherwise including those offered by third parties) which may be of interest to You. Please carefully follow the instructions below to ensure that Your marketing preferences are respected.

17.2 During the registration or charging process, We will ask Your preference in relation to receiving marketing communications from Us. You will need to provide an indication that You do, the default is that We assume that You don't. Where You do indicate that You wish to receive marketing communications from Us, We will ensure that You have an opportunity to opt out at any time (and We will inform You of this).

17.3 If, any time after registration you do not wish to be contacted, please exercise Your right of opt out, either via Your account online, or through the unsubscribe feature in any electronic message You receive from Us. 

18. Variation of Terms

18.1 We may amend, vary or add to these Terms of Service at any time on giving You at least thirty (30) days’ notice. This notice will indicate where You may view or obtain a copy of the amended Terms of Service. If any variation, addition or amendment is unacceptable to You, You may terminate the Agreement by notice in writing within seven (7) days of the variation, addition or amendment taking effect. Otherwise You will be deemed to have accepted the new conditions. Acceptable forms of notification include email to ecars@esb.ie, or in written form to ESB ecars, Two Gateway, East Wall Road, Dublin 3, Ireland, D03A995.

18.2 It is assumed that we will have given You proper notice if we contact You via the email address held by us as part of Your Account. We will also publish details of any such amendment on www.esb.ie/ecars.

18.3 The latest version of these Terms of Service can be found on www.esb.ie/ecars, or in the Ecar Connect Mobile App.

19. Mobile App

19.1 The Ecar Connect Mobile App is provided to You as part of the Service We offer.

19.2 The functionality offered by the Ecar Connect Mobile App may change over time.

19.3 We may from time to time, without incurring any liability to You, temporarily suspend or withdraw any or all of the Ecar Connect Mobile App functionality for such periods as We shall determine, including without limitation, for technical, security, maintenance, administrative or other reasons.

19.4 We aim to ensure that information provided to You or Authorised Users via the Ecar Connect Mobile App is as up-to-date as possible at the time of viewing. We accept no responsibility for any loss suffered as a result of the information provided not being accurate or up-to-date.

19.5 Any and all costs incurred by You or Authorised Users in respect of Ecar Connect Mobile App access and usage, including use of mobile data, will be at Your own expense.  

19.6 You undertake, and procure that Authorised Users shall undertake, to use the Ecar Connect Mobile App at Your/their own risk and all responsibility for any liability or loss from the installation or use of it by You or an Authorised User rests with You.

19.7 You undertake to ensure that Authorised Users shall keep Account login details (including usernames and passwords) relating to the Service, confidential and secure when using the Ecar Connect Mobile App

19.8 You are responsible for ensuring that Authorised Users maintain the security of their mobile devices where they are to be used to access the Ecar Connect Mobile App, and the security and confidentiality of all information stored on same relating to the Ecar Connect Mobile App. We will not be liable for any loss or damage arising out of or in connection with Your failure to do so.

19.9 You represent that any actions taken in Your name, by any Authorised Users, or using any of Your associated account login information through the Ecar Connect Mobile App are accurate and final, so that We can assume that these have been  authorised by You. We are not responsible for any costs, delays, or errors which may arise from actions taken by mistake either by You or Authorised Users, or actions taken by Authorised Users which were unauthorised by You.

19.10 The information contained in the Ecar Connect Mobile App may not be copied, amended or reproduced in any form without Our consent.

19.11 You or an Authorised User may terminate Your or his/her use of the Ecar Connect Mobile App at any time by ceasing to use the application and uninstalling it.

19.12 We may suspend or withdraw access to the Ecar Connect Mobile App at any time without notice.

19.13 We reserve the right to update the Ecar Connect Mobile App from time-to-time without notice, in order to amend or update content, functionality, performance and terms and conditions. Anyone who does not agree with any change in the terms and conditions for the Ecar Connect Mobile App should uninstall it.

20. Liability and Indemnification

20.1 Subject to Clause 20.5, We will not be liable to You arising out of or in connection with these Terms of Service or the Agreement in contract, tort (including negligence), statute or otherwise for any: loss of revenue; loss of anticipated or actual profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss.

20.2 Subject to Clause 20.5, notwithstanding any other provision of these Terms of Service and to the maximum extent permitted by applicable law, Our total, aggregate liability to You, for any damage, loss, cost, claim, proceedings or expenses  arising in contract, tort, indemnity, statute or any other type of liability arising out of, or in connection with, these Terms of Service or the Agreement, shall not exceed €100,000.

20.3  You will be liable for any damage caused to the Public Charging Network through Your negligence, improper use or deliberate mistreatment of the Public Charging Network.

20.4 You shall indemnify and hold Us, our officers, board members, agents, employees and sub-contractors harmless from all losses, damages, claims, actions, causes of action and expenses (including legal expenses) of any nature arising out of or in connection with Your breach, non-performance or non-observance of any of Your obligations under these Terms of Service.

20.5 Nothing in these Terms of Service will exclude or restrict Your or Our liability for death, personal injury or fraud.

20.6 The provisions of this Clause 20 shall survive expiry or termination of the Agreement.

21. Assignment

21.1 You may not assign, novate of otherwise transfer the Agreement or any part thereof without Our prior written consent.

21.2 We may, without Your agreement, assign or transfer all or any part of Our rights and subcontract any of Our obligations under the Agreement to a party that holds the necessary authorisation(s).

22. Contact Details

ESB ecars

Two Gateway

East Wall Road

Dublin 3

Ireland

D03A995

Telephone: 01 258 3799(Republic of Ireland)

Email: ecars@esb.ie

23. Events Beyond Our Control

23.1 We will not have to carry out any obligation under this Agreement if We are prevented from doing so by any cause beyond Our reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour shortage or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations.

24. General

24.1 If We waive a breach of these Terms of Service by You, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by You of the same or any other provision of these Terms of Service.

24.2 If a competent authority determines that any provision of these Terms of Service is invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Service and the remainder of the provision in question shall not be affected by that determination.

24.3 Where You are more than one person, each such person will be jointly and severally liable for Your obligations under these Terms of Service.

24.4 In performing Our obligations herein We may use third parties to act on our behalf and/or perform certain obligations herein as our subcontractors. All restrictions set out herein shall apply to any such parties including related to liability, disclaimers and events beyond our control.

24.5 Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute any Party the agent of the other Party, or authorise either Party to make or enter into any commitments for or on behalf of the other Party, except as expressly provided in these Terms of Service. Each Party confirms it is acting on its own behalf and not for the benefit of any other person. Neither Party shall, without the prior written approval of the other Party, represent itself as being in any way connected with or interested in the business of such other Party.

24.6 The Parties shall comply with all the requirements and/or obligations of any statute, statutory instrument, rule, order, regulations, directive and/or by-law laid down by legislation, Government Departments and/or EU Bodies dealing with and relating to the performance of the Service and/or this Agreement.

24.7 The Parties agree that the terms of the Agreement are contained solely in these Terms of Service and shall take effect in substitution and supersede all previous representations, undertakings and agreements, written, oral or implied between You and Us and any terms proposed by the You in relation to the Service.

24.8 Each Party to these Terms of Service shall pay its own costs of and incidental to these Terms of Service.

24.9 The Parties agree that any dispute which arises concerning the interpretation of these Terms of Service shall be mutually resolved through good faith negotiations between the appointed representatives of each Party.  If any dispute cannot be resolved in such manner then the matter shall be referred to a senior arbitrator to be agreed upon by the Parties or in default of agreement to be nominated by the President for the time being of The Incorporated Law Society of Ireland in accordance with and subject to the provisions of the Arbitration Act, 2010 or any statutory modifications or re-enactment for the time being in force.  The award of the said arbitrator shall be final and binding on both Parties.

24.10 These Terms of Service are subject to the laws of Ireland. Any disputes arising from these Terms of Service and consequences thereof shall be brought before the Courts of Ireland, to which (save where otherwise provided herein) the Parties expressly attribute jurisdiction, including in the event of summary judgements, introduction of third parties or numerous defendant.

 

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