Terms and Conditions of Use

PoGo Driver Terms and Conditions 02/2023

PoGo is an Electric Vehicle recharging network owned and operated by SWARCO SMART CHARGING Ltd, registered in England under company number 14479077 (“Electric Vehicle recharging network”). Our registered office is SWARCO SMART CHARGING Ltd, Unit 1, Maxted Corner, Maxted Road, Hemel Hempstead, HP2 7RA. Our VAT registration number is 428 4031 14.

In order to register with Us and begin receiving services, You must agree to these Terms and Conditions upon registering by selecting a tick box to show that You have fully read and understood.

1. Terms

These terms and conditions set out the services provided by SWARCO SMART CHARGING Ltd within the framework of PoGo, referred to in this document as We, Us or Our and Our commitments and responsibilities to Customers; referred to in this document as You, Your or the Customer.

2. Joining the Network

2a. By signing up to PoGo You will gain access to any of the publicly accessible Charging Points operated by Us as well as any Charging Points owned and operated by any other service provider with whom We hold a current and valid roaming contract.

2b. Not every Charging Point operated by Us is available for public use and You may, from time to time, find one that is reserved for private use. If You are unsure whether You can use a certain Charge Point You can contact Us to ask or, if possible, check the live map on Our Website. This map contains only Charging Stations that are open and available to the public.

2c. Upon joining, You will be asked to register Your bank details with Us to be used as repeat billing method. This means that We will use these details to invoice You on a monthly basis for any balances accrued whilst Using Our network.

3. Our Services

3a. The terms provided in this document relate only to Your rights whilst Using Our Electric Vehicle Recharging Network. Should You engage in other services from Us, You will be required to accept additional terms and conditions.

3b. We will endeavor to provide You with complete and uninterrupted access to Our network and all Charging Stations placed upon on it. However sometimes problems may occur. If You encounter an issue with Our services, please contact Us to let Us know via email at [email protected]

3c. We will work with all parties to ensure any issues that are reported are dealt with and resolved within an acceptable timeframe. We accept no liability for the supply of services by third parties and are not accountable for any delays in resolution that their involvement may incur.

3d. If You are reporting a problem to Us and are supplied a timeframe or specific date for resolution, this timeframe or date is an estimate.

3e. Since vehicles charge up at different rates, You acknowledge that we have no control over the speed at which Your own vehicle charges or the amount of charge Your battery can hold.

3f. We may suspend the provision of Our services to You in order to deal with technical problems, implement technical changes or carry out improvement works, update the services according to changes in relevant legal provisions or regulatory requirements. We will contact You in advance to inform You about the suspending of Our Services, unless it is an urgent case or an emergency.

3g. You agree that, in all cases, written statements supplied by Us shall prevail over any oral statements made by Us.

4. Access to the Network

4a. After completing the sign-up process, You may wish to order an RFID Access card in order to operate the Charging Points. Purchase of these cards are priced at a one-off £10 fee. This card is logged to the account You have created and all Usage with it will be assigned to it, regardless of the vehicle You Charge.

4b. All RFID cards are supplied with a five year warranty. If Your card malfunctions or ceases to work within this period You can obtain a free replacement by contacting Us and arranging the card’s return, this does not include damage caused to the card resulting from use contrary to due care/reasonable care.

4c. In the event of loss, theft or damage caused to the card that falls outside of what We would deem ‘fair usage’ You may be asked to purchase Your own replacement without compensation or support from Us.

4d. If at any point Your card has been stolen, got lost or You otherwise fear Your card may be used by someone other than Yourself and You wish for it to be cancelled or suspended, please contact Us immediately.

4e. Your access card contains no personal information, despite the information required in order to connect the card with your account and at all times, Your card and any data processed by its use remains property of PoGo.

4f. In line with the Consumer Contracts Regulations 2013 applying in the United Kingdom, You may cancel Your account and apply for a refund for Your RFID card within fourteen days of the initial purchase. Should You wish to do this, please contact Us at [email protected] to arrange return of Your card. Upon its receipt, You will be issued a full refund.

4g. You may choose to use the network without an RFID card. This can be done through the PoGo smartphone app. Once You are registered online, You will be able to log into the app with the account details that you signed up with.

5. Paying for Charging

5a. The majority of the Charging Points operated by Us will have a tariff placed upon them. This means that there is a non-negotiable fee for its use. This fee is determined by the Charge Point owner with support from Us. Prices for every Charge Point are listed on Our Website and can be viewed by selecting the relevant icon on Our map. Every Charge Point whose use incurs a fee will also have this information displayed on the Charge Point branding or screen.

5b. All Charging sessions that take place within the UK are charged GB pounds sterling.

5c. Unless explicitly stated in writing, the amount shown on Our Website or Charge Point branding are final and inclusive of all VAT and banking charges.

5d. All Charging sessions You use within a calendar month are assigned to Your account and all balances accrued and totaled into one, grouped payment.

5e. Occasionally a Charge Point may have supplementary monetary charges applied for its use. These may include, but not be limited to, reservation fees or overstay charges. If additional charges apply, these will be listed on Our Website and on the instructions at the Charge Point.

5f. Should payment for any invoice supplied to You for re-charging services not be collected, We will contact You and ask You to update your payment details. Any balance outstanding for more than 5 working days will result in the suspension of Your account and Your access to the Charging stations on Our network will be revoked until such time as You have cleared Your outstanding balance.

5g. Any balances that remain unpaid for a period of 30 days shall result in a permanent suspension of Your account and a penalty charge of £30 placed on the account. In order to resume services, You will be required to make payment for Your full balance as well as the penalty charge.

6. Refunds for Charging

6a. At the end of each calendar month We will automatically create an invoice for Your balance and email this to You. The balance will then be deducted from Your nominated payment method.

6b. If, after Your balance has been taken, You notice a problem with Your bill and/or wish to query an amount, please contact Us as soon as possible. You will have a maximum of 120 days from the date an invoice is created, to query it and request a refund.

6c. When investigating a request for a refund, We will undertake all reasonable endeavors to insure that each report is handled thoroughly and effectively. If, at any time, You believe this not to be the case and wish to make a complaint, Our complaints procedure can be viewed on Our Website.

6d. In some cases it may be that We need to seek advice or approval from 3rd parties. We care not responsible for any delays to Your refund that may be caused by such contact. In the event that a relevant party refuses to provide approval, We will not be able to progress Your refund.

6e. At the end of Our investigation to Your refund claim, We will contact You in writing to let You know Our decision. All decisions are final.

6f. Repeated applications for refunds deemed by Us to be made dishonestly could result in Your suspension from the network.

7. Your Use of Our Network

7a. By accepting these terms You agree to behave in a polite and courteous manner to all members of Our team either in person or in contact via emails or phone calls. Should Your conduct fall outside of what We deem acceptable behavior We retain the right to terminate contact with You and/or suspend Your access to Our support. In extreme cases, We reserve the right to suspend or cancel Your use of Our network. In the event that this come to pass, You will be informed of Our decision in writing.

7b. In the majority of cases, We have no involvement with or influence on parking charges or restrictions for Charging Points on Our network. It is Your responsibility to ensure You are parked within the local restrictions put in place for each site and any parking fees due are payable by You and are additional to any fee that may be due for Your use of the Charging Point.

7c. Additional overstay fees may be applicable to each site and may be enforced by the land owner/car park operator. If this is the case, it is Your responsibility to ensure that You have acted in accordance with on-site instructions. We will not be responsible for any fees or fines accrued outside of those levied by the direct use of the Charge Point.

7d. It is Your responsibility to ensure that You connect and disconnect to a Charge Point in a safe manner that is in line with each Charge Point manufacturers User instructions.

7e. You must not use the charging points or parking bay in which they are located for any other purpose than charging an electric vehicle. You must not connect any cable, adapter, connector or other interface to a charging station other than those assigned for this purpose.

7f. You must not act in any such way that the operation of any charge stations will be jeopardized or impaired. In particular, You must not, at any time, gain or attempt to gain access to the internal workings of Our Charging Points or any of its peripheral devices, this includes but is not limited to distribution boards and feeder pillars. Should You do so, We accept no liability for any injury You may suffer or any damage You may cause. Failure to comply with this request will result in Your immediate suspension from Our network and You will be financially liable for costs incurred in Our attending site to perform a safety check on the Charge Point and any remedial works needed to repair any damage.

7g. You will be responsible for any damage caused to a charge point or any other property as well as for any injury to any person, which is caused by Your breach of these terms and conditions, by Your misuse, careless use or failure to comply with any user instructions or guidance in relation to a Charging Point. You shall indemnify Us against any third-party claims relating thereto and reimburse us for any damage, loss or expenses arising therefrom.

7h. You must notify Us immediately of any damage You cause to a Charge Point.

8. Limitation of Liability

8a. In case 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. 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. We will not be liable for any loss or damage that is not foreseeable.

8b. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In particular, nothing in this terms and conditions shall limit or exclude Our liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

8c. Subject to the foregoing provision under item 8a. and 8b., neither We nor any of Our respective parent companies, subsidiaries, affiliates, officers, directors, agents or employees will be liable to You for

• any personal injury, loss of or damage to your personal property due to the use of a Charge Point;
• the unavailability of a charge point or changes to the number or locations of the Charge Points;
• the failure of a Charge Point;
• acts and omissions of Our service partners, including but not limited to Your use of a third party charge point;
• any personal injury or loss and damage caused to Your Vehicle or other property that occurs as a result of Your misuse or failure to comply with Our instructions or the instructions of another service provider or manufacturer of a charge point regarding the use of Charge Points (including but not limited to instructions given in these terms or by signage);
• your negligence in evaluating correctly whether Your vehicle is capable of being charged by a charge point;
• your failure to inform us of any defects or other material issues you are aware of;
• any damage caused to Your vehicle or property that may occur from a third party whilst You are Using Our Charging Stations, including but not limited to theft of Your vehicle, theft of possessions from inside Your vehicle or cosmetic damage to the exterior of Your vehicle.

8d. We are not liable for any failure to perform or delay in performance of any of Our Obligations under these Terms that is caused by an event outside Our reasonable control.

8e. Subject to the foregoing provisions under item 8., We will not be liable for any indirect or consequential losses, including but not limited to any business interruption, loss of profit, business opportunities, revenue, savings you expected to make, wasted expense or data being lost or harmed.

8f. Subject to the foregoing provisions under item 8., Our liability to You regarding damages and losses arising in connection with this contract shall in any event be limited to £ 1000, excluding Our liability for death or personal injury.

9. Changes to these terms

9a. From time to time it may be necessary for Us to update Our terms and conditions to comply with changes in relevant laws and regulatory requirements, to implement technical adjustments, to reflect changes within the market or to better serve You.

9b. We will give you written notice by such changes and the reason for it via email at least one month before the changes in terms take effect. You do not need to do anything and continued use of Our network will be deemed as Your agreement to the changes. If you do not wish to accept the revised terms you may cancel the contract in accordance with section 10.

10. Rights to Termination

10a. If, at any point, You wish to cancel Our services, You may cancel Your account at any time by writing to Us at Our registered address or by emailing [email protected] You may do so by notifying Us in writing.

10b. Before We accept Your removal from the network, You will need to ensure that all existing balances are paid and Your account is in good standing.

10c. Notwithstanding our rights to termination in the above mentioned specific cases, We may cancel the contract for Services at any time by providing You with notice in writing at least 30 days before termination takes effect.

10d. We shall be entitled to terminate this contract with immediate effect if You violate these Terms and Conditions.

11. Your Personal Data

11a. At point of cancellation, We will remove all of Your personal information from all databases in Our system. Your Usage history will remain for reporting purposes however the data will be anonymised and there will be no link between it and You.

11b. At point of cancellation any access cards You have will be cancelled but You will be responsible for its physical destruction. After You have cancelled Your account any access cards in Your possession cannot be re-instated. Should You wish to re-join Us at any point, You will need to do so as a brand new member.

11c. You have the option to opt in to a bi-monthly newsletter from Us to inform You of changes to the network and new Charge Point commissions. Should You receive this from Us and wish to be removed from future contact in this way, please contact Us and We will remove You.

11d. Furthermore, we process all personal data in accordance with our privacy policy and applicable data protection laws and regulations. For further information on our privacy policy, please follow the link here.

12. Miscellaneous

12a. You may not transfer Your rights or obligations under these Terms to another person, except if We agree in writing beforehand. It is also prohibited to make this application available to third persons or parties in any way.

12b. In case We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or delay in doing so, this shall not be deemed to be a waiver of Our rights against You and will not mean that You do not have to comply with these obligations.

12c. In the event that any court or relevant authority decides that any of the provisions in these Terms is unlawful or void, the remaining paragraphs will remain in full force and effect. In this case parties shall consult in order to put in place such a replacement provision so that the intention and purport of the provision that is to be replaced is preserved as far as possible.

12d. These terms and conditions are governed by English law. Any disputes ensuing herefrom shall be submitted to the jurisdiction of the English courts.