Introduction

1.1 These terms and conditions (“Terms”) govern the use of electric vehicle (“EV”) charging facilities (“Arnold Clark Charge” or “Network”) provided by Arnold Clark Automobiles Limited (“Arnold Clark”, “we”, “us”, or “our”).

1.2 By using Arnold Clark Charge, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our EV charging services. If you have any questions about these Terms, please contact us at app.feedback@arnoldclark.com.

1.3 The Services provided through Arnold Clark Charge include, but are not limited to:

• 1.3.1 Access to the Arnold Clark App (“App”) for use of Arnold Clark Charge;
• 1.3.2 Bookings system only accessible through the App;
• 1.3.3 Pricing schemes;
• 1.3.4 Map functionality to locate charging points;
• 1.3.5 Account and payment services; and
• 1.3.6 The use of customer service helplines.

Setting up

2.1 To use Arnold Clark Charge, you must:

• 2.1.1 Have downloaded and installed the App on a mobile device. Please refer to www.arnoldclark.com/app for more information;
• 2.1.2 Have a qualifying user account (“Account”) on the App to access Arnold Clark Charge;
• 2.1.3 Be logged in to your Account on the App; and
• 2.1.4 Have 4G capability on your mobile device.

2.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the App, for example, mobile data charges.

2.3 We may utilise third-party applications and services to support Arnold Clark Charge. Your use of these third-party services is subject to their respective terms and conditions.

Using Arnold Clark Charge

3.1 You are responsible for ensuring that your EV is compatible with Arnold Clark Charge and that you use the facilities safely and responsibly

3.2 You must follow all instructions provided by us regarding the use of Arnold Clark Charge.

3.3 You are responsible for ensuring that your EV is properly maintained and in a safe condition to use our charging facilities.

3.4 You acknowledge that we are not guaranteeing, representing or warranting the working order or suitability of Arnold Clark Charge at any given time, or that use of the App will be uninterrupted and/or free from defects.

3.5 No access to the network will be permitted without having a booking confirmed via the Arnold Clark app.

3.6 Any outstanding financial charges relating to the use of the network must be settled within 7 days. Failure to comply may result in network access being denied.

3.7 Use of the network is for your own personal, non-commercial use and cannot be sold to anyone else.

3.8 We may suspend Arnold Clark Charge without notice if there are any technical problems or where it is to make improvements.

3.9 You must not:

• 3.9.1 Tamper with the charge point;
• 3.9.2 Use the charge point for any purpose other than charging an electric vehicle;
• 3.9.3 Bring into or keep in the car park or within the vicinity of the charge point any motor fuel or lubricating oil;
• 3.9.4 Smoke within either the car park and/or within the vicinity of the charge point; and
• 3.9.5 Keep your vehicle in in the bay following the expiry of your charging session.

3.10 It is the user’s responsibility to ensure that the charging is carried out in a safe manner to avoid injury to any person or cause damage to property. You must:

• 3.10.1 Ensure that when using the App at our charging stations, please do so only when your vehicle is stationary or when inside designated areas;
• 3.10.2 Notify staff on site immediately of any safety concerns; out of hours call 0141 424 5027;
• 3.10.3 Ensure that the cables are connected/disconnected in accordance with vehicle manufacturer’s guidelines;
• 3.10.4 Ensure that the connected cable is not causing any form of trip hazard; and
• 3.10.5 Replace the charging cable back in the charger at the end of the session.

3.11 You are fully responsible for any damage caused to the charging stations due to misuse or negligence. We reserve the right to seek reimbursement for repair or replacement costs and all other direct or indirect losses we may suffer as a result of your omissions or actions.

Liability and exclusions

4.1 Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:

• 4.1.1 death or personal injury caused by negligence; and
• 4.1.2 fraud or fraudulent misrepresentation

4.2 We will also not be legally responsible to you for:

• 4.2.1 Any inconvenience, loss, or damage resulting from service interruptions or unavailability of charging stations;
• 4.2.2 Loss of income or profits;
• 4.2.3 Loss of use of services, loss of business, or missed opportunities;
• 4.2.4 Any indirect, incidental, or consequential damages arising from the use of the service;
• 4.2.5 Any loss or damage that is not caused directly by us.

4.3 We will not be legally responsible to you if we cannot provide charging because of an event outside of our control.

4.4 Except for fraud or where our negligence causes death or personal injury, we will not be liable for any damages greater than the charges paid for the services by you.

4.5 Nothing in this agreement will affect any rights which you may have under any law and which we cannot legally exclude under any agreement.

Suspending / cancelling of services

5.1 We can suspend or restrict access to our App or charging sites if:

• 5.1.1 there should be any health and safety restrictions placed on the site, either internally or by the emergency services;
• 5.1.2 we believe an account has been used in a way that is not compliant with our agreement with you;
• 5.1.3 we believe any fraudulent activities are taking place; or
• 5.1.4 you do anything (or allow anything to be done) which we think may damage or affect the operation of the charge point or Arnold Clark Charge.

Payments

6.1 Payment may be made in the following ways:

• 6.1.1 Apple Pay
• 6.1.2 Debit or credit card

6.2 Prior to the charging session starting, a pre-authorisation fee of £35 (thirty-five pounds sterling) will be requested from your bank.

• 6.2.1 The pre-authorisation fee will be released back to your account once the charge has been completed (and timescales may differ depending on which bank is used).

Tariffs

7.1 The tariff applicable will be displayed within the App at the time of booking and prior to pre-authorisation and commencement of a charge session.

7.2 Tariffs are subject to change.

7.3 Users will be charged based on the amount of electricity consumed and/or the duration of charging as per the rates specified by us.

Ending this agreement

8.1 We may end this Agreement at any time if:

• 8.1.1 you do anything (or allow anything to be done) which we think may damage or affect the operation of Arnold Clark Charge;
• 8.1.2 within seven days of us asking you in writing, you do not do something fundamental that you must do under this agreement; or
• 8.1.3 we are permanently unable to provide our charging services to you.

Intellectual Property

9. You shall not acquire, in any way, any title, rights of ownership, or interest in any intellectual property rights of whatever nature which may exist or come into existence and no intellectual property rights are transferred or licensed because of this agreement.

General

10.1 A person who is not a party to this agreement has no right to benefit under or to enforce any terms of this agreement.

10.2 We reserve the right to change our third-party suppliers at any time without prior notification to you.

10.3 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Scotland.

10.4 The courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

10.5 We may change or withdraw network access at any time, and we may introduce new Terms to this agreement at any time.