CHARGEPLACE SCOTLAND TERMS AND CONDITIONS
Definitions. The definitions which apply to and which are used in
these terms are included in Part 1 of the schedule to these terms.
What these terms cover. These are the terms and conditions on
which we supply the Services to you.
Why you should read them. Please read these terms carefully
before you accept them or sign up to receive the Services from us. These terms
tell you who we are, how we will provide the Services to you, how you and we
may change or end the Contract, what to do if there is a problem and other
important information. If you think that there is a mistake in these terms or
if you have any questions about these terms, please contact us to discuss this.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Charge Your Car Limited a company registered
in England and Wales. Our company registration number is 08030233 and our
registered office is at Unit 4 Riverside Business Centre, Brighton Road,
Shoreham-by-Sea, East Sussex, England BN43 6RE. Our registered VAT number is
How to contact us. You can contact us by telephoning our customer
service team at 0141 648 0750 or by writing to us at email@example.com
or at Unit 4 Riverside Business Centre, Brighton Road, Shoreham-by-Sea, West
Sussex BN43 6RE.
Our role as a CPNO. We are a CPNO operating the CPS Network and
providing the Services to you for and on behalf of Transport Scotland (acting
on behalf of Scottish Ministers).
Who Transport Scotland is. Transport Scotland is an agency of the
Scottish Government, namely the national transport agency for Scotland.
How we may contact you. If we have to contact you we will do so
by telephone or by writing to you at the e-mail address or postal address you
provided to us when you signed up to receive the Services from us.
"Writing" includes e-mails. When we use the words
"writing" or "written" in these terms, this includes e-mails.
OUR CONTRACT WITH YOU
How you agree to receive the Services from us. In order to
receive the Services you must sign up as a User on our website (www.chargeplacescotland.org). When you do
so you will be asked to accept these terms. We cannot provide the Services to
you if you do not accept these terms. When you have accepted these terms and we
have started to provide the Services to you a contract will come into existence
between you and us on the basis of these terms (the "Contract").
If we cannot provide the Services to you. If we are unable to accept
you as a User, we will inform you of this and will not charge you for the Services.
This might be because of, among other things, unexpected limits on our
resources which we could not reasonably plan for or because we have identified
an error in the price or description of the Services.
We only sell to the UK. Our website is solely for the promotion
of our services in the UK. Unfortunately, we do not provide the Services outside
Changes to these Terms and the Contract. We may revise these
terms from time to time as required by us and will give you at least one (1)
months' notice of any changes to these terms before they take effect.
Pictures on our website. The images on our website are for
illustrative purposes only.
Provision of the Services. We will supply the Services to you for
the duration of the Contract which will come into existence in accordance with
condition 3.1 above and may be terminated in accordance with conditions 8 and
Availability of the Services. Subject to our rights to suspend or
terminate the Services in accordance with conditions 4.6, 7 and 10 below, we
will make every effort to provide the Services to you but please be aware there
may be delays in provision of the Services or times when the Services are
We will aim to contact you in advance to let you know if the Services are
going to be or are unavailable for any period of time unless we are unaware the
Services are unavailable or are going to be unavailable or in the case of an
emergency in which case we will contact you as soon as reasonably possible to
let you know that the Services are not available.
We are not responsible for unavailability of the Services or delays
outside our control. If our supply of the Services is delayed or if the
Services are unavailable due to 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 or lack of availability. Provided we do this
we will not be liable for delays caused by the event, but if the Services are
not available for a period of six (6) months due to an event outside our
control you may contact us to end the Contract and receive a refund for any
Services you have paid for but have not received.
What will happen if you do not give required information to us or a
relevant third party. We may need certain information from you so that we
can supply the Services to you, for example, in order to use an Account Card
which you have requested and which we have supplied to you must register with Pay360
and provide Pay360 with certain information, including your preferred payment
method, accounts details and personal details as requested by Pay360. If such
information is required, we or the relevant third party will contact you to ask
for this information. If you do not give us or the relevant third party this
information within a reasonable time of us or them asking for it, or if you
give us or them incomplete or incorrect information, we may suspend the
Services by giving you written notice or end the Contract (and condition 10.2 will apply) or make an additional charge of a reasonable sum to compensate us
for any extra work that is required as a result. We will not be responsible for
the delayed supply or unavailability of the Services or any part of them if
this is caused by you not giving us or a relevant third party the information
we need within a reasonable time of us or them asking for it.
IF THERE IS A PROBLEM WITH THE Services
How to tell us about problems. In the unlikely event that there
is a problem with any aspect of the Services please contact us and tell us as
soon as reasonably possible and allow us a reasonable opportunity to repair the
problem or to notify a third party owner of any relevant Charge Point to repair
If you have any questions or complaints about the Services, please
contact us. You can telephone our customer service team at 0141 648 0750 or write
to us at firstname.lastname@example.org or Unit 4 Riverside Business Centre, Brighton
Road, Shoreham-by-Sea, West Sussex BN43 6RE.
Ownership of the Charge Points. The Charge Points are owned by
third parties and you acknowledge that neither we nor Transport Scotland: a)
represent or warrant the working order or suitability of the Charge Points; or
b) are responsible for any defects or problems with the Charge Points.
Your legal rights. As a consumer, you have legal rights in
relation to services not carried out with reasonable skill and care, or if the
materials used in provision of services are faulty or not as described. Advice
about your legal rights is available from your local Citizens' Advice Bureau or
Trading Standards Office. Nothing in these terms will affect these legal
CHANGES TO THE SERVICES
Your right to make changes. If you wish to make a change to the Services
you have ordered please contact us. We will let you know if the change is
possible. If it is possible we will let you know about any changes to the payments
you are required to make under these terms, the timing of supply or anything
else which would be necessary as a result of your requested change and ask you
to confirm whether you wish to go ahead with the change. If we cannot make the
change or the consequences of making the change are unacceptable to you, you
may want to end the Contract (see condition 8).
Our right to make minor changes to the Services. We may change
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example
to address a security threat. These changes are not expected to affect your use
of the product.
Our right to make more significant changes to the Services. In
addition, we will notify you if we intend to make any other significant changes
to the Services and you may then contact us to end the Contract before the
changes take effect.
REASONS WE MAY SUSPEND THE SERVICES
Reasons we may suspend the provision of the Services to you. We
may have to suspend the provision of the Services to:
deal with technical problems or make minor technical changes;
update the Services to reflect changes in relevant laws and regulatory
make changes to the Services as requested by you or notified by us to
you (see condition 6); or
carry out improvement works in relation to the Services.
Your rights if we suspend the provision of the Services. We will
contact you in advance to tell you we will be suspending provision of the
Services, unless the problem is urgent or an emergency. You may contact us to
end the Contract if we suspend it, or tell you we are going to suspend it, in
each case for a period of more than six (6) months and we will refund any sums
you have paid in advance for the Services in respect of the period after you
end the Contract.
We may also suspend provision of the Services if you do not pay.
If you do not pay the Charges or any part of them when you are supposed to, we
may suspend the provision of the Services with immediate effect until you have
paid us the outstanding amounts. We will contact you to tell you we are
suspending the provision of the Services. We will not suspend the provision of
the Services where you dispute the unpaid invoice (see condition 11.10). We
will not charge you for the Services during the period for which they are
suspended. As well as suspending the provision of the Services we may also
charge you an additional £5 administration fee on your overdue payments (see condition
YOUR RIGHTS TO END THE CONTRACT
Ending the contract because of something we have done or are going to
do. If you are ending a contract for a reason set out at conditions 8.1.1
to 8.1.5 below the contract will end immediately and we will refund you in full
for any Services which have not been provided and you may also be entitled to
compensation. The reasons are:
we have told you about an upcoming change to the Services or these terms
to which you do not agree (see condition 6.3);
we have told you about an error in the price or description of the Services
and you do not wish to proceed with receiving the Services;
there is a risk that supply of the Services may be delayed for more than
six (6) months because of events outside our control;
we have suspended supply of the Services for technical reasons, or
notify you we are going to suspend them for technical reasons, in each case for
a period of more than six (6) months; or
you have a legal right to end the contract because of something we have
Exercising your right to change your mind (Consumer Contracts
Regulations 2013). For most products bought online you have a legal right
to change your mind within fourteen (14) days of purchase and receive a refund.
These rights, under the Consumer Contracts Regulations 2013, are explained in
more detail in 8.3 and 8.4 below.
How long do I have to change my mind? You have fourteen (14) days
from the date on which you sign up on our Website to receive the Services to
cancel your order for the Services (the "cancellation period") but once we
have completed any part of the Services you cannot
change your mind in relation to that part of the Services, even if the cancellation
period is still running. For example, when you sign up to receive the Services
we will make our website, our App and the Online Services available to you in
exchange for the Administration Payment. Once you have access to these services
you cannot cancel the Contract. If you cancel after we have started to provide
the Services, you must pay us for the Services provided up until the time you
tell us that you have changed your mind. For example, the Administration
Payment (see condition 11.1 below) is payable in exchange for us making
available our website, our App and the Online Services. After these services
are made available to you the Administration Payment is non-refundable.
When you don't have the right to change your mind. You do not
have a right to change your mind in respect of Services,
once these have been completed, even if the cancellation period is still
running. For example you cannot decide to cancel the Recharging Services after
your car has received re-charging from a Charge Point.
Ending the Contract where we are not at fault and there is no right
to change your mind. If you want to end the Contract, just contact us to
let us know. The contract will not end until one (1) calendar month after the
day on which you contact us. We will refund any advance payment you have made
for Services which will not be provided to you. For example, if you tell us you
want to end the contract on 4 February we will continue to supply the Services
until 3 March. We will only charge you for supplying the Services up to 3 March
and will refund any sums you have paid in advance for the supply of the Services
after 3 March. Please note the Administration Payment is not refundable
after our website, our App and the Online Services have been made available to
HOW TO END THE CONTRACT WITH US
Tell us you want to end the contract. To end the contract with
us, please let us know by doing one of the following:
Phone or e-mail. Call customer services on 0141 648 0750 or
e-mail us at email@example.com. Please provide your name, home
address, details of the Services you wish to cancel and, where available, your telephone
number and e-mail address.
Online. Complete the form on
By post. Print off the form and post it to us at the address on
the form. Or simply write to us at that address, including details of your
name, home address, details of the Services you wish to cancel and, where
available, your telephone number and e-mail address
Using your Account Card after ending the Contract. If you end the
Contract for any reason after you have received an Account Card you must not
use it after the date on which provision of the Services to you by us ends. If
you do use your Account Card after this date you must pay us for any Charges
you incur in relation to such use even if those Charges are incurred after the
end of the Contract.
[Returning your Account Card after ending the Contract. If you or
we end the Contract for any reason after you have received an Account Card, you
must return it to us. You must either return your Account Card in person or
post it back to us at Unit 4 Riverside Business Centre, Brighton Road,
Shoreham-by-Sea, West Sussex BN43 6RE. Please call customer services on 0141
648 0750 or e-mail us at firstname.lastname@example.org for a return label. You
must return your Account Card to us within fourteen (14) days of telling us you
wish to end the Contract or after we tell you that we wish to end the Contract.]
Deductions from refunds if you are exercising your right to change
your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the Services
for the period for which they were supplied, ending with the time when you told
us you had changed your mind. The amount will be in proportion to what has been
supplied, in comparison with the full coverage of the Contract. However,
please note the Administration Payment is not refundable after our website, our
App and the Online Services have been made available to you.
When your refund will be made. We will make any refunds due to
you as soon as possible. If you are exercising your right to change your mind
then your refund will be made within fourteen (14) days of
your telling us you have changed your mind
OUR RIGHTS TO END THE CONTRACT
We may end the Contract if you break it. We may end the Contract at
any time by writing to you if:
you do not make any payment to us when it is due and you still do not
make payment within fourteen (14) days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us
with information that is necessary for us to provide the Services.
You must compensate us if you break the Contract. If we end the Contract
in the situations set out in condition 10.1 we will refund any money you
have paid in advance for Services we have not provided but we may deduct or
charge you reasonable compensation for the net costs we will incur as a result
of your breaking the contract. Please note the Administration Payment is not
refundable after our website, our App and the Online Services have been made
available to you.
We may withdraw the Services. We may write to you to let you know
that we are going to stop providing the Services. We will let you know at least
one (1) month in advance of stopping the supply of the Services and will refund
any sums you have paid in advance for Services which will not be provided.
Again, please note the Administration Payment is not refundable after our
website, our App and the Online Services have been made available to you.
PRICE AND PAYMENT
What charges and payments apply to provision of the Services. In
exchange for provision of the Online Services, our website and the App you will
pay to us the Administration Payment. The value of the Administration Payment
will be determined by us and details of the applicable Administration Payment
payable from time to time will be published on our website. The provision of
Services will continue automatically on an annual basis and the Administration
Payment will be taken automatically on an annual basis on each anniversary of
the date on which you entered into the Contract. In exchange for provision of
the Recharging Services you will pay to us the Charges. The applicable Charges
and/or the way in which the Charges are calculated can be found on our Website,
our App and displayed on each Charge Point. Please note the Charges may be
updated from time to time.
We will pass on changes in the rate of VAT. Please note the
Administration Payment and Charges are inclusive of VAT. If the rate of VAT
changes between the date on which you sign up to receive the Services and the
date we supply the Services, we will adjust the rate of VAT that you pay,
unless you have already paid in full before the change in the rate of VAT takes
What happens if we got the price wrong. It is always possible
that, despite our best efforts, the Administration Payment and/or the Charges
may not be accurately represented on our website, on our App or on the Charge
In terms of the Administration Payment, we will normally check the price
before accepting you as a User so that, where the correct price at the date on
which you sign up as a User is less than our stated price at that date, we will
charge the lower amount. If the correct price at the date on which you sign up
as a User is higher than the price stated to you, we will contact you for your
instructions before we accept you as a User.
CYC shall endeavour to accurately reflect the Charges applied to each
Charge Point on the ChargePlace Scotland network as specified by the relevant
Charge Point owner
When you must pay and how you must pay. In order to use the
Services you will be asked to register with and provide payment details to Pay360.
Payment of the Administration Payment and the Charges can be made through Pay360
with all major debit and credit cards including Visa, Mastercard and American
Payment of the Administration Payment. You must pay the
Administration Payment when you sign up to become a User. The Administration
Payment is paid in relation to the provision of the Online Services, the
website and the App and is not refundable upon cancellation or termination of
this Contract after our website, our App and the Online Services have been made
available to you, regardless of whether you have received your Account Card or
have used the Recharging Services.
Payment of the Charges. In order to use the Recharging
Services we will ask you to agree a pre-authorisation payment of £1, which will
then immediately be returned to you. Please note we reserve the right to
suspend or withdraw the Services if authorisation is not provided on request.
Your pre-authorised card will then be used to pay any Charges you incur through
use of the Recharging Services. The charges will be deducted regularly from
your pre-authorisation card when you have accrued over £15 or more in
outstanding charges on your account on a monthly basis. We will take payment
using your bank account or credit card if you have £0.01 or more in outstanding
charges on your account on a quarterly basis.
We can charge additional sums if you pay late. If you do not make
any payment to us by the due date we may charge an additional £5 administration
charge to you on the overdue amount. Your account will also be suspended until
such time as payment of the outstanding charges is received
What to do if you think an amount we have asked you to pay is wrong.
If you think an amount we have asked you to pay is wrong please contact us
promptly to let us know. You will not have to pay the additional £5
administration fee until the dispute is resolved. Once the dispute is resolved we
may still charge you an additional £5 administration fee along with correctly
invoiced sums from the original due date.
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 this Contract or
our failing to use reasonable care and skill in performing this Contract, 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 the Contract was made, both we and you knew it might happen, for example,
if you discussed it with us during the sales process. We are not
responsible or liable to you for any indirect or consequential losses,
including any loss of profit, loss of business, business interruption, or loss
of business opportunity.
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; for fraud or fraudulent misrepresentation; and for breach of
your legal rights in relation to the Services including the right to receive services
which are supplied with reasonable skill and care.
We are not liable for business losses. We only supply the Services
for domestic and private use. If you use the Services for any commercial,
business or re-sale purpose we will have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business
Responsibilities of Transport Scotland. This Contract is between
you and us. Transport Scotland shall have no responsibilities or liabilities to
you or us under or in connection with this Contract.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the
personal information you provide to us in accordance with and for the reasons
set out in our Privacy Notice (available at www.chargeplacescotland.org).
OTHER IMPORTANT TERMS
We may transfer the Contract to someone else. We may transfer our
rights and obligations under these terms to another organisation. In particular
we are operating the Services on behalf of Transport Scotland as a CPNO and at
any time Transport Scotland may engage a new CPNO to operate the CPS Network
and to provide the Services in which case we may at any time be required to
transfer the Contract to a new CPNO.
Either we or Transport Scotland will contact you to let you know if we
plan to do this. If you are unhappy with the transfer you may contact us to end
the Contract within one (1) month of us telling you about it and we will refund
you any payments you have made in advance for Services not provided.
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 to this in writing.
Rights under this Contract. This Contract is between you and us. Only
you and we shall have rights to enforce its terms. Neither of us will need to
get the agreement of any other person in order to end the Contract. The agreement
of Transport Scotland will be required to make any changes to these terms.
Step in rights under this Contract. Should we cease to exist or
operate to the extent that we can no longer meet our obligations under or
participate in the Contract or should we no longer be appointed as Transport
Scotland's CPNO in relation to the CPS Network, Transport Scotland shall
confirm to you that it (or its nominee or a new CPNO) wishes to step-in to this
Contract and from the date on which such confirmation is provided to you by Transport
Scotland in accordance with this clause, this Contract shall continue in full
force and effect, as if it had been entered into between you and Transport
Scotland (or its nominee or any new CPNO), to the exclusion of us.
If a court finds part of this Contract 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.
Even if we delay in enforcing this Contract, we can still enforce it
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 this Contract, 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. For example, if you miss a payment and we do not chase you but we
continue to provide the Services, we can still require you to make the payment
at a later date.
Which laws apply to this Contract and where you may bring legal
proceedings. These terms are governed by the laws of Scotland and you can
bring legal proceedings in respect of the Contract in the Scottish courts.
Part 1 - Definitions
Account Card: means an RFID card provided to you by us which can
be used by you to access a Charge Point and allows us to identify you and
process any payment required for Recharging Services you use in connection with
Administration Payment: means an administration
payment which you will pay to us in exchange for provision of the Online
Service, our website and our App;
App: means our application software which is
available to download and which is intended to allow you to identify the location
of the nearest Charge Point on the CPS Network and to pay for Recharging
Services in accordance with these terms;
Charges: means the charges for using a Charge Point
as set by the owner of that Charge Point from time to time, and any associated
Charge Point: means an electrical car Charge Point within
the CPS Network owned by a third party;
Contract: means the contract between you and us on
the basis of these terms which comes into existence when you have accepted
these terms and we have started to provide the Services to you;
CPS Network: means the ChargePlace Scotland network
of Charge Points;
CPNO: means a Charge Point network operator;
Services: means the use of our online system which is accessible through
our website for paying for and managing payments for Recharging Services and
maintaining a record of your use of the Recharging Services and payments for
means Pay360 (formally known as Paypoint), the third party payment services
provider which collects payment of the Administration Payment and the Charges
on our behalf;
Services: means the use of a Charge Point to recharge an electrical
means any one of and all of:
making available to you:
b. our App; and/or
c. an Account
facilitating Recharging Services; and
making available the Online Services;
User: means a user of our website having signed up
as such on our website; and
website: means www.chargeplacescotland.org
Part 2 - Model Cancellation Form
(Complete and return this form only if you wish to
withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE
AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our
[*] contract for the supply of the following service [*],
Ordered on [*]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on
[*] Delete as appropriate
© Crown copyright 2013.