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TERMS OF USE

  1. PLEASE READ THESE TERMS CAREFULLY
  1. YOU AGREE TO THESE TERMS AND CONDITIONS OF USE (TERMS OF USE), WHICH WILL BE LEGALLY BINDING ON YOU, FROM THE TIME THAT YOU DOWNLOAD AND USE THE APP OR SERVICES, USE OUR WEBSITE, USE A PIM BATTERY, OR WHEN YOU CLICK ON THE “ACCEPT” BUTTON REGARDING THESE TERMS – WHICHEVER COMES EARLIEST.
  1. IF YOU DO NOT AGREE TO THESE TERMS, YOU DO NOT HAVE PERMISSION TO USE THE APP, SERVICES, WEBSITE OR PIM BATTERY SO YOU MUST NOT DOWNLOAD THE APP, USE THE SERVICES OR WEBSITE OR PIM BATTERY AND MUST CLICK ON THE “REJECT” BUTTON AND DELETE THE APP.
  1. TO ACCEPT THESE TERMS AND USE THE APP, YOU MUST BE 18 YEARS OLD. IF YOU ARE YOUNGER, YOU CAN ONLY ACCEPT THESE TERMS AND USE THE APP, SERVICES OR A PIM BATTERY IF YOUR PARENT OR GUARDIAN HAS PROVIDED CONSENT ON YOUR BEHALF.
  • WHO WE ARE & WHAT THESE TERMS DO  
  • We are PlugInMove Ltd (company no. NI708465, of 11 Brett Avenue, Lurgan, Craigavon, Northern Ireland, BT66 6HZ) (PlugInMove, we, us and our). Provided that you meet and comply with the requirements set out in these Terms of Use, we permit you to use:
  • “PluginMove” mobile application software, the data supplied with the software and any updates or supplements to it (App);
  • the related documentation supplied online via our website, accessible at https://pluginmove.co.uk (Website) or as part of the App (Documentation);
  • the services you may access and use via the App, including the rental and use of PlugInMove portable batteries (PIM Batteries) from our charging station (Charging Station) and location of available Charging Stations (each, being a Service),

subject to, and only as permitted in, these Terms of Use.

  • We reserve the right to vary these Terms of Use at any time and at our sole discretion. Any modifications made to these Terms of Use will be effective from publication of the updated Terms of Use on the App or Website. By accessing the Website, App and/or using the Service following the publication of updated Terms of Use, you agree to be bound by those terms as modified.
  • YOUR PRIVACY  

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, available here: https://pluginmove.co.uk/privacy-policy-2/, and it is important that you read that information.

  • WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO  
  • The App or Website may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
  • You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
  • APP & USER ACCOUNTS
  • The App requires a mobile or handheld device and an operating system capable of running the latest version of the App (on Android or IoS) and with access to the internet through mobile data and/or Wi-Fi.
  • The ways in which you can use the App may also be controlled by the app store used to download the App. The rules and policies of the relevant app store will also apply to your use of the App, their rules and policies will apply instead of these Terms of Use where there are differences between the two. The relevant policies are:
Service  Web address of terms of use  Web address of privacy policy  
Apple App Storehttps://www.apple.com/uk/legal/internet-services/itunes/uk/terms.htmlhttps://www.apple.com/uk/legal/privacy/en-ww/
Google Play Storehttps://play.google.com/intl/en_uk/about/play-terms/index.htmlhttps://policies.google.com/privacy
  • Our App is made available free of charge. We do not guarantee that our App will always be available or that access will always be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our App without notice. We will not be liable to you if for any reason our App is unavailable at any time or for any period.
  • You are responsible for making all arrangements necessary for you to have access to our App. You are also responsible for ensuring that all persons who access our App on any device you control is aware of these Terms of Use and complies with them.
  • Subject to your agreement to these Terms of Use, you may:
  • download the App onto any number of mobile telephone or handheld devices and view, and display, the App on such devices for your personal purposes only;
  • use any Documentation to support your permitted use of the App and the Services; and
  • receive and use any free supplementary software code or update of the App, including patches and corrections of errors as we may provide to you from time to time.
  • You may use the App as described in these Terms of Use. You may not transfer the App to a third party. If you sell any device on which the PlugInMove App is installed, you must remove the App from the device.
  • If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
  • You must:
  • not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
  • not infringe our intellectual property rights or tights (including, without limitation, intellectual property rights) of any third party in relation to your use of the App or any Service;
  • not transmit to us or anyone else any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  • The App will match the description provided to you when you download it.From time to time, we may update the App to improve performance, enhance functionality, reflect changes to the operating system, address security issues, or make any other changes we deem appropriate. We may ask you to update the App for these reasons. If you choose not to install such updates, or if you opt out of automatic updates, you may be unable to continue using the App and the Service.
  • To optimise the performance of the App, we suggest accessing it on the latest available version of your mobile telephone’s, or handheld device’s, operating system. We do not guarantee that the App will function on any older versions of any operating system.
  • By using the App and/or any Service, you confirm that:
  • you are aged 18 years or over, and have the requisite mental and legal capacity to enter into a contract on the basis of these Terms of use and use the Website, App and/or Services;
  • any information you submit to us when using the Website, App and/or Service is accurate, complete, and current; and
  • your use of the Website, App and/or Service does not violate any applicable law or regulation.
  • You agree that:
  • you shall register with through the App and create an account (Account) before using the Services;
  • the information you provide on registration is both accurate and complete;
  • you shall promptly notify us of any changes to the information used for registration;
  • the Account you create shall be personal to you, for your sole use, and that you will not permit third parties to use the Service through your Account; and
  • you will not use a phone number or email address other than your own for the purpose of registering your Account.
  • PlugInMove reserves the right to suspend, deny, or revoke your access to your Account, theApp, and/or any Service(s) at any time, and at our sole discretion.
  • You shall be responsible at all times for:
  • the security of your Account (including your Account credentials and password);
  • logging out of your Account and closing the PlugInMove App correctly; and
  • any loss or damage arising from your disclosure (whether inadvertent or intentional) of your Account information to a third party.
  • You must report to us, without delay, any unauthorised use of your Account, or any circumstances that you believe may give rise to the theft or loss of your Account. Upon receiving notice of the unauthorised use, we will temporarily lock your Account. Notwithstanding this, you acknowledge that securing your Account will not be immediate, and may take a reasonable amount of time and that we will not be responsible for any consequences (including any usage of Services and associated charges) of unauthorised use of your Account.
  • PIM BATTERY RENTALS
  • Prior to using a PIM Battery, you should carefully examine the battery for any signs of damage, including, though not limited to, the presence of all cables and battery level functionality. Three (3) minutes of use of PIM Batteries are provided to enable you to check for technical defects. If a defect is found, the PIM Battery must be returned to the Charging Station within those three (3) minutes. After three (3) minutes, the PIM Battery will be deemed to be fully functional and you will be charged for the full rental time. We recommend checking the PIM Battery’s functionality immediately after pick-up. 
  • If you identify any signs of damage, or experience any difficulties with any PIM Battery or Charging Station while using the PIM Battery, you should contact PlugInMove via the Support contact methods available at www.pluginmove.co.uk and in the App’s FAQs.
  • Should you continue to use a PIM Battery that is clearly defective, damaged, or unfit for use, you will be solely responsible, and PlugInMove will not bear any responsibility or liability for, any resultant damage or injury to the body and/or property of you or any third party.
  • You agree to use the PIM Battery for the purpose intended as specified on our Website, and in a considerate, reasonable, and lawful manner. We cannot guarantee that it can fully charge your device.
  • You may not damage, deface (including, without limitation, by marking or affixing anything to the PIM Battery), soil, attempt to repair, disassemble, destroy or conceal the PIM Battery or its cables, labels or the Charging Station, or do anything to the PIM Battery or Charging Station that would prevent or hinder use of the PIM Battery by subsequent users.
  • You must return the PIM Battery to the Charging Station in the same condition in which you received it. If the PIM Battery is returned damaged, or otherwise in a state of disrepair, you will be charged in accordance with clause 7. If you cause or permit damage to occur to the Charging Station, you will be charged in accordance with clause 7.
  • You may not use a PIM Battery for the purpose of advertising or conducting a commercial or business activity.
  • You may not allow third parties to use a PIM Battery you have rented, or rent a PIM battery to a third party.
  • You acknowledge that PlugInMove does not guarantee that:
  • a PIM Battery will be available to you at the time and in the place you wish to use one, especially at times of high demand; or
  • you will be able to return a PIM Battery at all times to the Charging Station from which you rented the PIM Battery, especially where there are numerous Charging Stations at or in the vicinity of one location. In the event this does occur, please check the App for available locations, or contact us for assistance.
  • Subject to these Terms of Use, PIM Batteries are available only as a convenience, and are intended for use solely by eligible users capable of operating the PIM Battery independently.
  • CHARGES & PAYMENT
  • Subject to price adjustments or time-limited promotions specified by us, the charges for the period that the PIM Battery has been removed from the Charging Station (Rental Period), subject to the free-of-charge three minute period described in clause 6.1 above, shall be: £2.99 (including VAT) per 30 minute period; or £4.99 (including VAT) per 60 minute period; or £8.99 (including VAT) per 90 minute period, depending on your selection at the time of renting the PIM Battery.
  • Please note that we may change pricing for this Service as we deem necessary or appropriate, so please check these Terms of Use and the display on the Charging Station every time you rent a PIM Battery. In the event that the rates noted in these Terms of Use are not the same as those displayed on the Charging Station; the rates noted on the Charging Station shall apply.
  • The charge payable by you for rental of the PIM Battery shall be calculated using the time the PIM Battery has been removed from the Charging Station, multiplied by the then-effective charges for each 30 minute or 60 minute or 90 minute period, as appropriate depending on the rate chosen by you at the time of renting the PIM Battery (Rental Charges).
  • You require an account to use PlugInMove’s Services, including rental of a PIM Battery, which requires the provision of details of a valid debit or credit card or electronic wallet (like Apple Pay). Those details are passed to our third-party payment processor, and more details are contained in our Processing Notice. Pre-paid and cash cards cannot be used as a means of payment.
  • If you attempt to block or recall payment of Rental Charges to which we are properly due, we may (without limitation on our remedies or our entitlement to pursue payment of such owed Rental Charges) block your Account so that you may not rent PIM Batteries for any period in the future.
  • When you have finished using the PIM Battery, you can conclude the Rental Period by returning it to a vacant slot on the Charging Station in accordance with the instructions on the Website and the App. We recommend that you verify your return of the PIM Battery has been successful by you checking for a notification on the display screen confirming the return or your receipt of an email acknowledging successful return.
  • The data generated by the App is conclusive evidence of the duration of use of a PIM Battery. PlugInMove will not be responsible for failure to correctly return a PIM Battery in accordance with the relevant instructions, and you will be charged for the ongoing Rental Period and any other charges that are associated with the failure (including, without limitation, a Loss Fee as described in clause 7.8 below).
  • Your use of any PIM Battery is limited to a period of 24 consecutive hours. Any use exceeding this is deemed to be a loss of the PIM Battery and (in addition to the Rental Fee which will continue to be chargeable and owed), you will be charged a fee of £75 (Loss Fee). If you lose a PIM Battery, you must notify us immediately via the App.
  • If you breach clause 6.5 in respect of the Charging Station, you will be responsible for all losses and damages suffered by us or any third party as a direct or indirect result and (in addition, and including, without limitation) fees for repair or replacement of the Charging Station, which we expect to cost at least £2,500 (excluding VAT).
  • When the PIM Battery has been removed from the Charging Station, you will be responsible for it and bear all risk associated with it. We will retain title in the PIM Batteries at all times.
  • In the event that you dispute, or disagree with the amount of, any charge on your credit or debit card, you should contact us at admin@pluginmove.co.uk as soon as you become aware of the disputed charge, and within ten (10) business days.
  • OWNERSHIP & INTELLECTUAL PROPERTY
  • You acknowledge that all intellectual property rights in and to the App (including copyright, trade marks, trade names, logos, and source and object codes) and relevant proprietary confidential information in the App is and shall remain the exclusive property of PlugInMove or its licensors, and nothing in these Terms of Use or any other actions or omissions shall operate to transfer any intellectual property rights in and to the Platform, or any other intellectual property rights owned by us or our licensors, to you. You acknowledge and agree that, without the express written authorisation of the owner of such intellectual property rights, you may not use, modify, rent, let, sell, transmit, or otherwise violate the above intellectual property rights.
  • The name and logos of PlugInMove are our trade marks, and may not be duplicated, imitated, or used in whole or in part without our prior written approval. In addition, you acknowledge and agree that all pages, text, graphics, images, button icons, and scripts on the App, the PIM Batteries and the Charging Station are owned by us or our licensors, and you shall not, or cause any third party to, duplicate, imitate, or use in whole or in part without our prior written approval.
  • We grant you a limited, royalty-free, non-exclusive, personal, revocable, and non-transferable licence to download and use the App for your own personal, non-commercial purposes, subject to your compliance with these Terms of Use.
  • You agree that you will:
  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities: is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to the App; is kept secure; and is used only for the Permitted Objective.
  • OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  
  • 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 or for fraud or fraudulent misrepresentation.
  • We are only responsible to you for loss and damage caused by us that is a foreseeable result of our breaking these Terms of use or our failing to use reasonable care and skill, 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 you accepted these terms, both we and you knew it might happen.
  • We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  • We are not liable for business losses. The App, Documentation, Services and PIM Batteries are for private use by consumers only. If you use the Documentation, Services or PIM Batteries for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and our liability to you for anything arising in connection with these Terms of Use, the App, the Services or any breach of legal obligation shall otherwise be limited to £50.
  • Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
  • The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described in these Terms, on the app store site and in the Documentation) meet your requirements.
  • If our provision of the Services or support for the App or the Services is delayed by an event outside our reasonable 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. Provided we do this we will not be liable for delays caused by the event.
  1. MISCELLANEOUS
    1. The contract made on the basis of these Terms of Use constitutes the entire agreement between the parties with respect to its subject matter and supersedes all previous agreements and understandings between the parties.
  1. PlugInMove may assign, novate, transfer, delegate, or otherwise sub-contract its rights under the terms of the contract made on the basis of these Terms of Use at its sole discretion.
  1. PlugInMove’s failure to enforce any provision, remedy or term contained in these Terms of Use does not constitute a waiver of the provision or affect the enforceability of any other provision.
  1. If any provision of the terms of the contract made on the basis of these Terms of Use is held or made invalid, the invalidity does not affect the remainder of the terms. We reserve all rights not expressly granted in these Terms of Use and disclaim all implied licences. If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable, or legal.
  1. COMPLAINTS

In the event that you have a complaint regarding the PIM Batteries, Charging Station, these Terms of Use or anything else, you may notify PlugInMove via the App or by sending an email to admin@pluginmove.co.uk.

  1. GOVERNING LAW & COURTS

The contract made on the basis of these Terms of Use, and any dispute arising in relation to it shall be governed by and construed in accordance with the laws of Northern Ireland, and you and we agree to submit to the exclusive jurisdiction of the Northern Irish courts.

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