Terms & Conditions

1. Terms of use

By downloading this Beecharged mobile application (‘Mobile Application’), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

2. Definitions

In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:

‘Account’ means an account created by a User on the Mobile Application as part of Registration.

‘Privacy Policy’ means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.

‘Register’ means to create an Account on the Mobile Application and ‘Registration’ means the act of creating such an Account.

‘Services’ means all the services provided by Beecharged via the Mobile Application to Users, and ‘Service’ means any one of them.

‘Users’ means users of the Mobile Application, including you and ‘User’ means any one of them.

‘Charging Transaction’ means the act of charging an electric vehicle.

3. General issues about the mobile application and the services.

3.1  Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any Charging Transactions are subject to these Terms and Conditions of Use.

3.2  Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them) and to prevent you from making any Charging Transactions.

3.3  Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services or make any Charging Transaction. To use the Mobile Application or Services or to charging an electric vehicle, you will require internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

3.4  Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.

4. Charging transaction

4.1  Need for registration: You must Register to make a Charging Transaction from the Mobile Application.

4.2  Application of these Terms and Conditions of Use: By making any Charging Transaction, you acknowledge that the application is subject to these Terms and Conditions of Use.

4.3  Charging Transaction: Any attempted Charging Transaction not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our or the relevant Site owner’s discretion.

4.4  Beecharged EV charging network not liable: For the avoidance of doubt, Beecharged shall not be liable for any losses or damages suffered by you resulting from a failure by the relevant Site Owner (Owner of a charging station) to fulfil any charging transaction.

5. Location alerts and notifications

5.1  You agree to receive pre-programmed notifications (‘Location Alert’”) on the Mobile Application from Beecharged or Site Owner if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

6. Your obligations

6.1  Site Owner: You agree to (and shall) abide by the terms and conditions of the relevant Site Owner for which your Charging Transaction relates to, as may be amended from time to time.

6.2  Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

6.3  Content on the Mobile Application and Service: It is your responsibility to ensure that any data, payment information available through the Mobile Application or the Services meet your specific requirements before making any Charging Transaction

6.4  Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:

• For a purpose other than which we have designed them or intended them to be used.
• For any fraudulent purpose.
• Other than in conformance with accepted internet practices and practices of any connected networks.
• In such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
• Furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers.
• Attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access or probe the security of other networks (such as running a port scan).
• Execute any form of network monitoring which will intercept data not intended for you.
• Enter into fraudulent interactions or transactions with us or a Site Owner.
• Extract data from or hack into the Mobile Application.
• Use the Services or Mobile Application in breach of these Terms and Conditions of Use.
• Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Beecharged EV charging network.

7. Rules about use of the service and the mobile application

7.1  We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting the service support.

7.2  We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.

7.3  We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.

7.4  We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

8. Suspension and termination

8.1  If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.

8.2  If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

8.3 Beecharged may discontinue, suspend or modify the app at any time without notice and may block, terminate or suspend your access to the app at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others.

9. Disclaimer and exclusion of liability

9.1  The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an ‘as is, as available’ basis without any warranties whether express or implied.

9.2  To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of charging station availability or quality.

9.3  We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

9.4 While we may use reasonable efforts to include accurate and up-todate information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.

9.5  Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

10. Idemnity

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Beecharged, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest.

11. Intellectual property rights

11.1  All content, information, photographs, illustrations and other graphic materials, and names, logos and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

11.2  Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.

12. Amendments

12.1  We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.

12.2  We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. Applicable law and jurisdiction

13.1  The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the United States, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.

13.2  You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the United States in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

14. Privacy policy

14.1  Access to the Mobile Application and use of the Services offered on the Mobile Application by Beecharged is subject to this Privacy Policy. By accessing the Mobile Application and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Mobile Application and your use of the Services.

14.2  As part of the normal operation of our Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal information when you use the Services on the Mobile Application.

a)  Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

b) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

c). We will only retain personal information as long as necessary for the fulfilment of those purposes.

d). We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

e). Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.

f). We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.