This document contains the terms and conditions on which we supply electric vehicle charging services across the UK (“Services”). Please read these terms and conditions carefully. By using our Services, you agree to be bound by these terms and conditions.
The Electric Highway Company Limited, a company registered in England and Wales under company number 08370340, is a wholly owned subsidiary of Ecotricity Group Limited, a company registered in England and Wales under company number 03521776, both with their registered office at Lion House, Rowcroft, Stroud, Gloucestershire GL5 3BY (both referred to as “Ecotricity”,).
In order to access the Services you must register for The Electric Highway App (the “App”). Your use of the App is governed by separate terms and conditions which can be found below (the “App Terms”).
Please note we may withdraw or suspend the Services at any time without notice.
The Services are only available to those who have registered for the App (“Scheme Members”). Your use of the Services will include your use of and access to any parking bay in which the Charging Point is located, whether or not you make any use of the Charging Point.
To register for the App and become a Scheme Member you agree to provide the following (Personal Information):
It is your responsibility to advise us of any change to your Personal Information
The Services are available at certain large retail outlets, motorway service stations, airports, ports, and other sites (“Charge Points”). The location and availability of the nearest Charge Point to you can be found via the App or at www.ecotricity.co.uk/for-the-road (“Website”).
We aim to make the Services available to our Scheme Members at all times. However, due to the nature of electrical charging services, we cannot guarantee a continuous fault free service. Charge Points may be impaired by too many Scheme Members trying to use a particular Charge Point within any period of time, electrical faults, telecommunication issues, physical features as well as other conditions beyond our control. The Charge Points may fail or require maintenance without notice.
A fee is payable in respect of each charging session (a “Session”) at a Charging Point (the “Fee”). Details of the current Fees and Sessions available can be found via the App or on the Website.
Payment of the Fee must be made by a debit or credit card via the App. The Fee is inclusive of VAT. A VAT receipt for your payment will be sent to the email you provided on registration for the App. Once payment of the Fee has been authorised the Charge Point will become live and capable of dispensing charge for the Session.
If you terminate charging before the expiry of a Session, for whatever reason, you will be liable for the full Fee.
You agree to use the Services in accordance with these terms and condition, the App Terms and any user guide or other instruction issued by us.
You must not:
(a) tamper with any of the Charge Points;
(b) allow anyone else to access the Services without our consent and, if we do consent, you must ensure that they use the Services in accordance with these terms and conditions;
(c) use the Services in any manner which is (or which would have a purpose or effect which is) harmful, a nuisance, annoying, disruptive, inconvenient, unlawful, fraudulent or in connection with a criminal offence;
(d) act in any way such that the operation of the Services or any Charge Points will be either jeopardised or impaired.
We reserve the right to suspend the Services immediately if we reasonably consider you to be in breach of your responsibilities under this clause 5.
In the event that your access to the Services is suspended please contact us on 01453 761455.
Without prejudice to any other rights we may have, we reserve the right to refuse to provide or continue to provide the Services if we have identified or reasonably suspect a fraudulent transaction, misuse or breach of these terms and conditions, the Services, or if you owe money to us whether in connection with the Services or any other services we provide from time to time.
In addition to anything else we can do under these terms and conditions, we can at our sole discretion end this agreement, suspend or terminate the provision of the Services or both (in whole or in part) without notice and without liability to you in any of the circumstances set out below:
(a) if we are aware or have reason to believe that the Services registered in your name are being used in an unauthorised, unlawful or fraudulent manner or have been compromised or may have been used for criminal activities;
(b) if you breach or if we have reason to believe that you may be in breach of this agreement;
(c) for reasons outside our control, if there is an emergency, for your health and safety or for your or other’s security; or
(d) if for any reason whatsoever we cease to provide the Services or any part thereof.
We may vary the Services, including the locations of the Charge Points, at any time.
You may terminate this agreement at any time by disabling the App.
We reserve the right to amend these terms and conditions at any time including:
(a) where a third party changes the terms on which they enable us to provide you with the Services;
(b) due to changing technologies, obsolescence and new or different product or service features; or
(c) due to the introduction of new or amended laws, regulations, policies or guidance relevant to the provision of the Services.
Where we vary or change any of these terms and conditions we will use reasonable endeavours to provide you with as much notice as possible. Variations and/or changes shall become effective once posted on our website. By continuing to use the Services you will be deemed to have accepted the relevant variation or change. You should regularly check our website for updates.
Where, in our opinion, any variation and/or change is likely to cause you material detriment, we shall provide you with at least one (1) months’ notice of such change.
Nothing in these terms and conditions shall limit or exclude Ecotricity’s liability for personal injury or death arising as a result of our negligence or for fraudulent misrepresentation. Subject to this, neither we nor any of our respective parent companies, subsidiaries, affiliates, officers, directors, agents and employees will be liable whether or not as a result of negligence, breach of contract or otherwise for (a) a failure in the provision of the Services or the Charge Points themselves; or (b) any indirect loss, loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed or any other loss or consequential loss which is not foreseeable.
Subject to the other provisions of this Section 9, if we are found to be liable, our liability, and the liability of any of our respective parent companies, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited to the value of the charges paid by you to us in respect of the Services.
We do not accept any liability for matters beyond our reasonable control, including force majeure, third party damage to Charge Points, vehicles or any other third party property, or for the acts and omissions of our service partners.
You agree to indemnify us against all liabilities, claims, damages, losses and expenses arising from any breach by you of these terms and conditions.
The terms of this agreement shall not be affected by any rights which you may have under any law and which cannot be excluded by agreement and your statutory rights are not affected.
Third parties are not the agents or representatives of Ecotricity and we do not accept any liability for any promises or representations made by any such third party in relation to the Services. We shall not be responsible for any acts or omissions of third parties or claims that you may have relating to third parties.
You represent that the Personal Information you have provided to us is correct and you agree to inform us immediately if your details change.
Ecotricity may use your Personal Information, and any consumption data generated by your use of the Charging Points, to do the following:
(a) verify your identity when you make enquiries of us by phone, email or letter. Calls may be monitored to make sure that we are meeting our legal and regulatory requirements and for staff training;
(b) help us set up and otherwise administer your accounts for the Services;
(c) to contact you in any way (including by e-mail, phone, SMS or other forms of electronic communication) with up to date information on products and special offers from us, any other companies in the Ecotricity Group and affiliates with which we have a partnership (unless you have specifically asked us not to);
(d) for market and statistical analysis;
(e) for demonstrating and testing the Charging Points and any related computer systems; and
(f) help detect debt, fraud and loss.
You can opt out of receiving marketing at any time by emailing firstname.lastname@example.org or by writing to the Data Protection Officer Lion House Rowcroft Stroud Gloucestershire GL5 3BY
If you would like to see a copy of the information that we hold about you please write to The Data Protection Officer, Lion House, Rowcroft, Stroud, Gloucestershire GL5 3BY. An administrative charge of £10 may be payable.
For the purposes of administering your account we may send information to companies based outside of the European Economic Ares (EEA). If we do will ensure that adequate protection is in place to ensure that your information is processed in accordance the Data Protection Act 1984
These terms and conditions, together with the App Terms, constitute the entire agreement between you and us in relation to the supply of the Services. You agree that you have not relied on, and shall have no remedies in respect of, any representation, arrangement, understanding or agreement (whether written or oral) which is not expressly set out in these terms and conditions.
Domestic Ecotricity Energy customers with a dual fuel account (or electricity only if you have no mains gas) (‘Energy Account’) will be entitled to a 100% discount on the Fee subject to our Fair Usage Policy (clause 13 below) (the ‘Free Usage’).
Free Usage will apply from the later of:
until such time as you switch to an alternative energy provider.
To ensure fair and equal use of the Charge Points for all we operate a Fair Use Policy which we may amend from time to time.
Free Usage is limited to the first 52 Sessions in any 12 month period starting on the date that you register for the App and each anniversary of your registration (the ‘Free Usage Limit’).
Once you have reached the Free Usage Limit you will be required to pay a Fee per Session (see clause 4 above) for any future use.
There is no cash alternative if you do not reach your Free Usage Limit and you cannot transfer remaining sessions to subsequent years.
* your energy account will be with The Renewable Energy Company Limited (trading as Ecotricity)
1. Information about us: The Electric Highway Company Limited (“TEHC”), a company registered in England and Wales under company number 08370340, is a wholly owned subsidiary of Ecotricity Group Limited (“Ecotricity”), a company registered in England and Wales under company number 03521776, both with registered offices is at Lion House, Rowcroft, Stroud, Gloucestershire GL5 3BY
2. Welcome to our online application (the “App“). The App is published by or on behalf of TEHC and Ecotricity and is part of Ecotricity’s customer online account management system (“Ecocloud”). You may use the same login information (your “Eco ID”) for every part of Ecocloud including the App.
4. When you use the App you agree to comply with all applicable UK laws (“Applicable Laws”) and these Terms. In particular you agree not to:
(a) use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including copyright infringement or fraud; or
(b) attempt to gain unauthorised access to the App or any source code, networks, servers or computer systems connected to the App; or
(c) modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
5. The trade marks and logos (“Trade Marks“) contained on or in the App are owned or licensed by Ecotricity or its group companies. You are not permitted to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without our prior written consent.
6. The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Ecotricity or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without express prior permission.
7. We reserve the right to suspend or cease providing any of the App services, with or without notice or any reason, and shall have no liability or responsibility to you in any manner whatsoever if we choose to do so.
8. Use of the App is at your own risk. To the maximum extent permitted by law we disclaim (a) all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the App; and (b) all implied warranties, terms and conditions relating to the App (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability are hereby excluded. We accept no responsibility for any technical failure of the internet, the App and/or any other systems associated with or connected to the App. Your statutory rights are not affected and nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence.
9. We will not be liable to you, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any:
(i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(ii) loss of goodwill or reputation; or
(iii) special or indirect or consequential loss. Notwithstanding this, if Ecotricity is found to be liable to you directly or indirectly in relation to the App that liability (howsoever arising) shall not exceed fifty pounds (£50.00)
11. These Terms constitute the entire agreement between you and Ecotricity concerning your use of the App.
12. We reserve the right to update these Terms from time to time. The updated version will be effective on publication. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative of Ecotricity.
13. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Ecotricity and its group of companies.
14. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.