Terms & Conditions
1. Interpretation
1.1 “Calendar Days” means all days in a month (including weekends and holidays);
1.2 “Charge Card” means the Charge Card provided by Licensor that gives access to the use of one or more Public Charge Points;
1.3 “Charge Point” means facility or facilities where an Electric Vehicle can be charged;
1.4 “Charging Services” all the services offered to the Customer by Licensor in connection with the use of a Charge Card, including the use by the Customer of a Charge Card and use of the Smartphone App;
1.5 “Contract” means the registration of the Customer in the Smartphone App or on the Website, of which the General Terms and Conditions are an integral part;
1.6 “Customer” means the natural person or legal entity entering into a Contract with Licensor or activating a Charge Card. A Customer is also an End User if it itself uses the Charging Services and/or Other Services;
1.7 “Electric Vehicle” means a road vehicle with more than two wheels that is wholly or partially driven by an electric motor, this vehicle using electricity stored in a battery, chargeable by using a Charge Point;
1.8 “End User” means the Customer using the Charging Services and/or Other Services or any third parties to whom the Customer has given consent or to whom the Customer has actually enabled to use the Charging Services or Other Services of the Licensor;
1.9 “General Terms and Conditions” means these general terms and conditions, including any annexes;
1.10 “Licensor” means the provider of the Charging Services and Other Services;
1.11 “Licensor Network” means the combination of all the Public Charge Points managed by the Licensor;
1.12 “Other Services” means the additional services other than the Charging Services offered by the Licensor through the Smartphone App or Website or in some other way, including but not limited to reservation of Public Charge Point, car cleaning and others;
1.13 “Permitted Use” has the meaning as described in clause 4;
1.14 “Personal Information” means information provided by the Customer to the Licensor that identifies or can be used to identify or authenticate the Customer (including, but not limited to, name, username, password, address, mobile number, email address, EV model, number plate, debit/credit card details and emirates ID copy) security questions and other personal identifiers;
1.15 “Public Charge Point” means a Charge Point in the Licensor Network that has been opened for use by all End Users with a Charge Card activated for this purpose;
1.16 “Safety Instructions” means the instructions and usage regulations applying in respect of the use of a Public Charge Point, the use or the connection of the Electric Vehicle, the use of a charging cable, all as published by the Licensor or by the charging operators and suppliers;
1.17 “Smartphone App” means the mobile application where the Customer can log in using their login details to manage the usage data and view consumption;
1.18 “Unauthorised Use” this includes the improper or incorrect use of Public Charge Points including but not limited to the use of charging cables without a CE quality mark or otherwise of substandard quality, incompatible, faulty or defective charging cables and/or charging plugs and the use of charging cables that are too easy to disconnect during locking; the use of charging cables that are not compatible for the charging capacity of the Electric Vehicle in question; the charging of or attempts to charge vehicles or other items not suitable for it; the use of a Public Charge Point or some other item other than as stated in the Safety Instructions of the Licensor, the Safety Instructions of operators of the Public Charge Points or the applicable statutory, safety and other regulations; and any acts or omissions of the Customer or the End User causing damage;
1.19 “VAT” has the meaning as described in clause 3.5;
1.20 “Website” means the public website www.ev-network.ae or www.evnetwork.ae and any other website used by the Licensor at any time for the Charging Services and/or Other Services;
1.21 If any provision of this Contract is held to be invalid or unenforceable by any court or other competent authority, all its other provisions will remain in full force.
2. Charge Card
2.1 An owner of an Electric Vehicle can apply for a Charge Card via Smartphone App or Website. The Licensor will deliver the Charge Card to the registered address of the Customer;
2.2 In the event of loss or theft of the Charge Card, the Customer must notify the Licensor as soon as possible via Smartphone App, Website or email to admin@ev-network.ae. The Licensor will then block the Charge Card. The Customer is fully liable for any damage resulting from loss, unauthorised use, theft or misuse of the Charge Card until the card is blocked. All transactions made with the Charge Card before it has been blocked will be on the Customer’s account;
2.3 The Licensor reserves the right to block the Charge Card due to End User’s misuse and Unauthorised Use.
2.4 Charges applicable to the Charge Card (e.g. cost of additional card(s), replacement cost, reactivation of blocked Charge Card, etc.) are published on the Smartphone App and Website and are subject to the then applicable terms and conditions (including the prevailing rate of the charges, subject to clause 3.4);
2.5 A Charge Card and the (electronic) data processed on the Charge Card remain the property of the Licensor at all times;
3. Fees and Charges
3.1 The charging at the Public Charge Points will be charged according to the fees announced on the Website and/or Smartphone App. Charging Services beyond the Permitted Use will be charged according to the fees stated in the Smartphone App and/or on the Website for charging at Public Charge Points in the Licensor Network.
3.2 Access to and/or charging at Public Charge Points are subject to the tariffs and conditions published at the location of the Public Charge Point. By using the activated Charge Card at the Public Charge Point, the Customer and End User agrees at its own expense and risk to these terms and conditions. Charging outside the Licensor Network might require a separate contract between the Customer and the corresponding operator of such charging station;
3.3 The Licensor, at its sole discretion, reserves the right to create, modify and cancel charges and may, from time to time, provide, cancel or modify promotions and discounts. Supplemental terms may apply to promotions and discounts and shall be disclosed in the Smartphone App and/or Website. Supplemental terms are in addition to, and shall be deemed a part of, the Contract;
3.4 The fees/charges indicated on the Website shall prevail. It remains the End User’s responsibility to check the applicable fees/charges prior to availing the Charging Services or Other Services;
3.5 Unless otherwise stated, all charges payable under the Contract are non-refundable, shall be in local currency of the Licensor and inclusive of value added Tax, sales or any similar Tax (collectively, “VAT”). To the extent any VAT is payable, such VAT shall be added to the Licensor’s invoices at the appropriate rate in accordance with the applicable local legislation. VAT shall be charged by the Licensor at the prevailing rate at the date of the invoice or when the supply is made to the End User, whichever is earlier.
4. Permitted Use
4.1 The End User must handle the Charge Card and the Public Charge Points in a proper manner and with due care, use them in accordance with the Safety Instructions and refrain from any Unauthorised Use thereof;
4.2 If the End User discovers damage, defects or irregularities of a Public Charge Point when using it, the Customer must notify the Licensor of this as soon as possible;
4.3 If the End User attempts to rectify a fault on a Public Charge Point or arranges its rectification itself, in no way whatsoever is the Licensor liable for the resulting damage;
4.4 The Licensor does not give any guarantee regarding the extent of the Licensor Network or the proper operation, uninterrupted electricity supply, reduction, delay or failure of electric service, availability and accessibility of Public Charge Points;
4.5 Use of the Public Charge Points in the Licensor Network is subject to the conditions of the location of the Public Charge Point concerned. The End User is obliged to familiarise itself with these conditions and adhere to them. If the End User fails to do so, or fails to do so properly, the Customer is then in default in the fulfilment of its obligations towards the Licensor under this Contract;
4.6 The use of Public Charge Points must be fair and reasonable and must not be excessive. If it is found that the usage is unfair, unreasonable or excessive, the Licensor reserves the right to suspend, modify and/or restrict the Customer’s access to any or all Public Charge Points;
4.7 The Licensor is entitled to remove one or more Public Charge Points from the Licensor Network and/or to deny any further access to a Public Charge Point without prior notice and without any obligation towards the Customer at any time;
4.8 The Customer guarantees to the Licensor that the Personal Information provided are valid, complete and correct and that the Licensor is immediately notified of any changes in these details via Smartphone App, Website or email to admin@ev-network.ae;
4.9 The End User shall not use the Charge Card and Public Charge Points or any part thereof:
4.9.1 Other than for the Permitted Use;
4.9.2 In such a way as to cause damage to the Charge Card and Public Charge Points or to the reputation of the Licensor and/or the Licensor Network;
4.9.3 In such a way that will or might wholly or partly vitiate any insurance in respect of the Public Charge Points;
4.9.4 To offend against any present or future law, ordinance, regulation, order, or by-law of any competent government or public authority or quasi-public authority having jurisdiction over the location of the Public Charge Point or affecting the conducting of the Permitted Use.
5. Smartphone App
5.1 The Smartphone App is provided free of charge and can be downloaded to an Apple smartphone. The Smartphone App shows which Public Charge Points are available to provide Charging Services and Other Services in real time.
5.1 In the event of any conflict or inconsistency, between the Smartphone App, this General Terms and Conditions, the Website, or in any document or instrument, the terms and provisions on the Website, as amended from time to time, shall prevail and be given priority.
6. Indemnity
6.1 The Customer agrees to protect, defend, hold harmless and fully indemnify the Licensor against any losses, claims, action, proceedings, demands, damages, costs, expenses or other liability arising in any way from this Contract or the carrying out of the Permitted Use, or to any damage that is wholly or partly due to Unauthorised Use by or on behalf of the Customer or the End User or for damage that has been caused in part due to the End User’s failure to comply with the applicable Safety Instructions, with any other regulation for the Public Charge Point concerned or the Electric Vehicle concerned or other relevant regulations;
6.2 The Customer is jointly and severally liable to the Licensor for all damage, including but not limited to injury to, or death of, the Customer or any third party, or for any losses, claims, demands, actions, proceedings, costs or expenses or other liability incurred, resulting from acts and/or omissions of third parties to whom the Customer has given consent or to whom the Customer has actually enabled to use the Charging Services or Other Services as if they were an act and/or omission of the Customer itself. The Customer indemnifies the Licensor against all damage, including all reasonable costs incurred, that the Licensor or the Licensor Network sustains or might sustain as a result of these acts and/or omissions and any third-party claims connected with situations in which the Customer is liable as described in this clause.
7. Force Majeure
The Licensor is not liable nor obliged to fulfil any obligation in the event of force majeure which includes, but are not limited to, war, crime, act of God, internet faults, electricity supply faults, email traffic faults and faults or changes in technology supplied by third parties, transport difficulties, strike action, and government measures.
8. Term and Termination
8.1 The term of the Contract is until further notice and can be terminated by either party any time for convenience on not less than ten (10) Calendar Days prior written notice to the other party and will not affect the Licensor’s rights and remedies for any prior claim or breach of any obligation.
8.2 This Contract may be ended by the Licensor with immediate effect at any time following the Customer’s breach of its obligations in this Contract and where such breach is capable of being remedied, it has not been remedied within twenty-four (24) hours of written notice by the Licensor of the breach, including but not limited to:
8.2.1 Customer not meeting its payment obligations or there is a delay in payment of more than fourteen (14) days;
8.2.2 Customer uses the Charging Services and/or Other Services contrary to their obligations in this Contract;
8.2.3 Licensor has cause to suspect that the Charging Services and/or Other Services are being misused;
8.3 The termination of the Contract does not affect the existing legal consequences with respect to the Charging Services and/or Other Services that has already been availed by the Customer.
9. Privacy Policy
9.1 Unless compelled by the applicable legislation, the Licensor does not share the Customer’s Personal Information with the exception of third party service providers only as needed, including but not limited to, processing payment transactions, fraud prevention, support and assistance, performance of their functions, etc.
9.2 By providing the Personal Information, the Customer consents such collection and usage of Personal Information as set out in clause 9.1.
10. Other Provisions and Governing Law
10.1 The Licensor is entitled to change the content of the Charging Services and/or Other Services, the tariffs and the General Terms and Conditions unilaterally at any time. Changes take effect on the date of their publication on the Website or the Smartphone App, unless otherwise stated, and supersede the General Terms and Conditions and/or tariffs applying until then. Changes in the General Terms and Conditions also apply in respect of current Contracts. If the Customer is unwilling to accept a change applying to it, the Customer can cancel the Contract subject to thirty (30) days’ written notice, unless the change is only a minor amendment of the General Terms and Conditions;
10.2 This Contract shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable Federal laws of the United Arab Emirates;
10.3 If in the event of any changes to any laws applicable to this Contract or any regulations or by-laws of any local or other duly constituted authorities or in respect to the introduction of any such laws, (including but not limited to VAT, minimum wage increase, municipality related expenses, etc.) during the License Period, the changes required shall be charged to the Customer plus all related direct costs from effective date of said change.
Tel.: +971 4 341 2210, P.O. Box: 33392, Dubai, U.A.E
Email: info@futurelink.ae, Website: www.greenparking.ae, www.futurelink.ae