Version 2.0: February 2023
These Terms and Conditions form the basis of the agreement between Electric Miles Ltd (“we”, “our”, “us”) to provide smart charging or any other service to the User (“you”). They should be read alongside our privacy policy before you use any of our services.
The use of Services is only provided on the condition that you accept and comply with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
Smart Charging
Electric Miles provides a set-it and forget-it approach to charging your electric car and wants you to get the charge delivered by the time you want it.
If you have selected the smart charging option in the Electric Miles smart charging mobile app, we will schedule charging of your electric car based on the parameters you set. The charging schedule will be calculated by us and can change depending on market conditions and the grid demand.
Fees
We provide our Basic service free of charge, and there are no Fees to be paid whilst using or accessing the Basic service.
We may develop other Premium services in the future for which we may charge a Fee. If we launch such Premium services, we will communicate with you regarding the Fee to provide you with the option to switch to the Premium service feature or retain the Basic service.
Use of service with other hardware
Our services may make use of, or access other companies’ devices such as vehicles, accessories and chargers etc. These integrations are provided on an “as-is” basis and may be limited in functionality because we do not control the access to these devices and can therefore not guarantee these services.
Consent to access your electric car and/or smart home devices
By agreeing to these Terms and Conditions, you consent to allow us to access your electric car, charge point and/or any other connected device as required to deliver the service. Providing us with access enables us to read information from your devices, and send commands to your devices, to enable us to deliver our smart charging service to you.
This may include, but is not limited to, reading the current state of your battery (e.g., obtaining information on whether it is charging, discharging, connected, disconnected and the device’s current state of charge) and sending commands to control and regulate charging (e.g., start/stop charging and controlling the flow of energy through a device). There is no obligation on the customer to provide access to any device, but access to relevant devices may be necessary for us to deliver our smart charging service to you. You may terminate our access at any time, by using the app to remove access or contacting us. Data and information on your vehicle and/or smart home device will be processed as outlined in our Privacy Policy.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 and the information you provide us is (to the best of your knowledge) accurate, complete and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service due to non-fulfilment of the above-mentioned term.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer/mobile/tablet and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Carbon Abatement
Any emissions reductions, environmental attributes, carbon abatement or offset rights or activities whatsoever which are associated with, are potentially available from, or arise from or in connection with the use of our Products and / or any electric vehicle charger that utilises our Products which could potentially give rise to the creation of Carbon Credits are hereby retained by and vested in us (or persons nominated by us).
You agree that we (or persons nominated by us), will be the sole owner of such emissions reductions, environmental attributes and related rights, will have authority as the project proponent to create related Carbon Credits under any relevant Carbon Credit Scheme, and that we may deal with any Carbon Credits as they see fit, including by assignment or sale to any third party. You agree to take all action reasonably necessary, including by providing access to the Products as may be needed, to affect the assignment or to provide for the creation and vesting of Carbon Credits, emissions reductions or related rights to us (or persons nominated by us), and not to take any action that would create a third party interest, ownership, encumbrance or other restriction in respect of such Carbon Credits, emission reductions, environmental attributes or related rights.
For the purposes of carbon abatement:
- Carbon Credit means any right, interest, unit, credit entitlement, benefit or allowance to emit (at present or in the future) greenhouse gas or carbon emissions under any Carbon Credit Scheme;
- Carbon Credit Scheme means any voluntary, regulatory or legal regime, scheme or arrangement arising from or in connection with any removal, limitation, reduction, avoidance, abatement, offset, sequestration or mitigation or conservation of carbon dioxide or GHG emissions or equivalence from the atmosphere, including the creation, transfer, renewal, replacement or variation of any associated Carbon Credits; and
- Product or Products means any product or service provided by us.
Links to Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites, including without limit: products, goods, services and further links.
You acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
If you wish to terminate your account, you may simply discontinue using the Service. If you wish to terminate your account and destroy all data we hold associated with your account, please contact us.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold us harmless and any licensors and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of:
your use and access of the Service, by you or any person using your account and password, or
a breach of these Terms.
Limitation of Liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service;
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose (v) any indirect damages caused by a failure of our Service (for whatever reason) to deliver the Service, for example, including failure to deliver the required level charge to your electric vehicle by the specified charge time.
Use of Service
By agreeing to use this Service, you agree that you will not attempt to obtain unauthorised access, violate any applicable laws in the use of service/information contained therein and not collect or store any personal information derived from the service, whether for legitimate or illegitimate purposes.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “as is” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Our subsidiaries, affiliates and its licensors do not warrant that
the Service will function uninterrupted, secure or available at any particular time or location;
any errors or defects will be corrected;
the Service is free of viruses or other harmful components; or
the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements you might have had with us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We may work with third parties to deliver our service to you. By accepting our Terms, you agree to this.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at: support@electricmiles.co.uk.
