Terms and Conditions
Aqua SuperPower Ltd
TERMS AND CONDITIONS OF SALE AND SUPPLY
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE AQUA SUPERPOWER CHARGING NETWORK LTD PRIVACY POLICY.
These terms and conditions are between you and Aqua superPower Ltd and they govern your and our respective rights and obligations and are valid from 21 January 2021.
Please also see our Privacy Policy.
1 Definitions and interpretation
1.1 Definitions
In this Agreement:
We, our or us
Aqua superPower Ltd a company incorporated and registered in England and Wales with company number 13246216 whose registered office is Highland House, Mayflower Close, Chandlers Ford, Eastleigh, Hampshire, United Kingdom, SO53 4AR.
You or your
the person using the App, ID Tag, Payment Card or Website to engaging a Charging Service.
Agreement
these conditions, any Subscription Plan entered into, the Pricing Information which we publish and any terms and conditions for any other products and Services you choose to take out.
App
our mobile application which may be downloaded from the internet via the Apple Store, the Android store or any online retailer as may be determined by us from time to time onto various mobile electronic devices;
Pricing
The amounts to be paid for our Services, as published on our App, Website or Charging Stations and in any Subscription Plan offered, or which we otherwise provide. These include any applicable monthly Subscription Fee (billed for the month ahead unless we say otherwise), Fees related to energy consumption (kWh) or Fees for third party Services (billed after use) and any other fees for the Services provided to you or someone using your App, Payment Card, ID Tag or Website login.
Charging Station
the equipment identified as part of the Services (owned by us) and used by the you to recharge electric vessels with electricity.
Charging Service
the service as set out in condition 3.1.
Minimum Period
a period of time shown on any Subscription Plan which we may offer to you, order form or welcome note, which begins when you select the Subscription Plan via the App or Website;
Network
our network of Charging Stations.
Payment Card
A credit or debit card issued by a financial institution giving the holder an option to borrow or use existing funds in their checking account at point of sale.
Aqua ID Tag
an optional tag provided by us to identify you, which is suitable for use by you at the Charging Station to use the Charging Services.
Services
the services to be provided to you by us under this agreement as set out in condition 3, together with any other services which we provide or agree to provide to you in writing;
Subscription Plan
a monthly or yearly arrangement which we may offer to you, for you to receive the Services selected via the App or Website.
Subscription Fee
the minimum monthly amount we charge you for the Subscription Plan you have chosen.
Website
www.aqua-superpower.com
2 Commencement and term
2.1 Your Agreement period;
2.1.1 This Agreement will commence upon your acceptance, use of the App, ID Tag, Website or any Services.
2.1.2 Unless we tell you otherwise, we’ll continue to supply you with the Services until we or you end this agreement in line with clause 15 or 16.
2.1.3 If we have offered a Subscription Plan and this Agreement ends before the end of the specified Minimum Period (whether by you or us), you must still pay all the Subscription Fees until the end of the Minimum Period. This applies when this Agreement comes to an end in clause 16, except if:
(a) we end this Agreement under clause 16.1; or
(b) you end this Agreement under clause 16.3; or
(c) we end this Agreement because we are permanently unable to provide the Services to you.
3 Services
3.1 We shall provide you with the following services (“the Services“):
3.1.1 The use of the App and/or the Website to identify the geographical location of a Charging Station and its status by inputting your current location on the App or Website;
3.1.2 the use of a Charging Station within our Network to recharge your vessel with electricity (“the Charging Service“);
3.1.3 the ability to use the App, a Payment Card or optional ID Tag to pay for the recharging of your electric vessel; and
3.1.4 the use of a customer service telephone helpline (the details of which are provided in condition 28 to assist you to use the Services or report a fault, subject to these this Agreement.
3.2 When using the App, Website or Service you agree to comply with Apple’s, Google, Android’s or any other third parties’ terms and conditions and privacy policies. Our own Privacy Policy can be viewed here
3.3 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the App or Website for example mobile data charges.
3.4 When using the App or Website or Services, you agree not to:
3.4.1 misuse or attack our App or Website or Charging Station by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.4.2 attempt to gain unauthorised access to our App or Website or Charging Station, the server on which our App or Website or Charging Station is stored, or any server, computer or database connected to our App or Website or Charging Station.
3.5 If you are under the age of 18 you may not be able to buy certain Services because you are too young.
4 Coverage
4.1 We will try to give you the Services when you want them. However, due to the nature of technology, it’s impossible to provide a fault-free service.
4.2 You acknowledge that under this Agreement we are not guaranteeing, representing or warranting the working order or suitability of any Charging Station or our Network at any given time, or that the use of the App, ID Tag or Website or Services will be uninterrupted and/or free from defects.
4.3 We may suspend the Services if there are any technical problems or where it is to make improvements to the Services. We will endeavour (but are not obliged) to contact you to let them know in advance when this occurs.
4.4 You agree that we may, from time to time, remove all or part of the Services for indefinite periods of time or any part of the Services at any time, without notice to you.
4.5 If you fail to pay our fees or fail to provide sufficient information to us as requested, we may suspend all or part of the Services to you with immediate effect until you have paid us the outstanding amounts, and we may issue legal proceedings against you to recover any monies due and levy an additional cost, including our reasonable and proper debt recovery costs.
5 Mooring Restrictions
5.1 It is your responsibility to check whether there are any mooring restrictions nearby or attaching to each Charging Station to ensure you do not contravene any laws and regulations.
5.2 In addition, you should:
5.2.1 comply with all signs in the marina and within the vicinity of the Charging Station;
5.2.2 moor within the limits of the mooring;
5.2.3 not moor within an area designated for a specific purpose when you are not entitled to do so;
5.2.4 pay all amounts due for your mooring within the vicinity of the Charging Station.
5.3 You must ensure that when your vessel is fully charged, you remove the vessel so as to ensure it does not obstruct access to the Charging Station for other users. Failure to do so may result in you incurring Overstay Charges.
6 Using the Services
6.1 It’s your responsibility to make sure you keep to this Agreement, and you follow our instructions on using the Services – even if someone else is using your electric vessel or App.
6.2 You must never use the App, ID Tag, Website or the Services for anything we would consider is abusive, illegal, fraudulent, or a nuisance.
6.3 You’re not allowed to sell all or any part of the Services to anyone else. The Services must only be used for your personal non-commercial use.
6.4 You must ensure that recharging is carried out safely so as to avoid injury to any person or damage to property. In particular you must ensure that:
6.4.1 you do not tamper with the Charging Station;
6.4.2 you do not use the Charging Station or the charging berth for any other purpose than charging an electric vessel;
6.4.3 you do not act in any way such that the operation of the Charging Station or Network will be either jeopardised or impaired.
6.4.4 You do not do anything that may cause our policy of insurance in respect of the Network, Charging Station or charging berth to become void or voidable or that increases the premium payable in respect of it.
6.4.5 If any act or omission by you results in an increased premium, you must on demand pay us a sum equal to that increase;
6.4.6 the cable connecting the vessel to the Charging Station (the “Cable”) is safely plugged into your electric vessel and that the positioning of the Cable does not create a tripping hazard to passers-by;
6.4.7 the Cable is plugged and unplugged from the vessel in accordance with the vessel manufacturer’s instructions and reconnected to the Charging Station; and
6.4.8 you disconnect the Cable from your vessel and place the connection point of the Cable back in the Charging Station prior to your departing from the Charging Station.
6.5 You shall comply with all instructions from us in relation to the delivery of the Services, and the connection and disconnection of your vessel to and from the Charging Station and you shall reimburse us on demand in respect of all costs, claims, demands, expenses and liabilities which we may suffer or incur arising out of or in connection with your failure to comply with such instructions.
6.6 In certain instances, We may not own the Chargers and may not be directly responsible for their condition, upkeep, or maintenance. In such circumstances, We shall notify the relevant Charger provider of any material defects that we become aware of as soon as reasonably practicable.
7 Prohibited Activities
7.1 You must not;
7.1. deposit rubbish or litter within the vicinity of the Charging Station;
7.1.2 bring into or keep in the marina or within the vicinity of the Charging Station any motor fuel or lubricating oil other than that inside the fuel tank, sump and engine of the vessel;
7.1.3 clean any vessel or undertake any maintenance or repair of any vessel at the marina or within the vicinity of the Charging Station.
7.1.4 do anything that may be or become a nuisance or annoyance or cause us to incur any liability to any other person using the marina or Charging Station;
7.1.5 Smoke, smoking is forbidden within the vicinity of the Charging Station.
8 Our Fees
8.1 In consideration of us providing the Services to you, you shall pay our fees and if applicable the Subscription Fees to us for using the Charging Station to charge your electric vessel.
8.2 The fees, and/or Subscription Fees payable by you are displayed on the Charging Station and App.
9 Payment Options
9.1 Payment may be made in the following ways:
9.1.1 “Pay as you go”
(a) You may use your Payment Card via the Charging Station; point of sale contactless terminal to pay for the Charging Service on a “pay as you go” basis.
(b) Prior to the Charging Service commencing, a pre-authorisation amount, as displayed on the Charging Station will be requested from your bank. If this is authorised, the Charging Service will commence.
(c) The Charges will be displayed on the Charging Station screen and the payment transaction occurs immediately after the charging session has completed.(d) Any unused funds from the preauthorisation amount will be released almost immediately. Some banks may take longer in releasing the amount.
9.1.2 “Account”
(a) You may register your Payment Card via the Website or App with an account that can be used to pay for the Charging Service.
(b) Once you have added a minimum amount of credit to your account, you will be able to use the Charging Service. The amount of minimum credit required will depend upon the country in which you have registered to use our Services.
(c) The Charges will be displayed on the Charging Station screen, and the payment transaction occurs at the end of the month that the Charging Service took place.(d) Your Account may move into negative credit if a payment from a Payment Card is declined. If Your Account is negative, you will not be able to charge Your Vessel until You pay the outstanding Fees and/or Charges. You can view your Account balance and pay any outstanding Fees and/or Charges by visiting Our Website or Mobile App and following the procedure to top up Your Account with credit.
9.1.3 “Subscription Plan”
(a) We may offer you a Subscription Plan via the App or Website and register your Payment Card via the Website or App with an account that can be used to pay the Subscription Fee and pay for the Charging Service.
(b) The Subscription Fee must be paid at the time you commence the Subscription Plan, and your Payment Card is registered via the Website or App and each month thereafter until the Subscription Plan is terminated in accordance with clause 15 or 16.
(c) Our fees will be displayed on the Charging Station screen, and the payment transaction for the Charging Service occurs at the end of the month that the Charging Service took place.
9.2 VAT (or any other sales tax relevant to your country of registration) will be included if it applies.
9.3 If you owe us any money beyond your due date, and you do not have valid reasons for disputing the payment, we may charge you interest. We charge interest daily at the rate of 2% above the base rate of Barclays Bank each year.
9.4 We may charge you reasonable administration costs as a result of you paying your bill late or failing to pay it.
10 ID Tags
10.1 If available, you can request an optional ID Tag for a fee via the support page on our Website.
10.2 We reserve the right to prevent the use of or to withdraw your ID Tag at any time if we have reason to suspect (in our opinion) that it is being improperly used in any way or used in a way that is not permitted by this Agreement.
10.3 You must touch your ID Tag on the touch pad at any Charging Station. This will then authorise and initiate the Charging Service, with the payment transaction occurring at the end of the month that the Charging Service took place.
11 Losing your Payment Card, ID Tag or App or Website password
11.1 Use of the App or Website may require registration, particularly in order to access restricted areas of the App or Website.
11.2 We are not obliged to permit anyone to register with the App or Website and we may refuse, terminate or suspend registration to anyone at any time.
11.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.
11.4 If your App password or Website password, or your Payment Card or ID Tag is lost or stolen, you must tell us as soon as possible so we can stop someone else using it.
11.5 You are responsible for all fees up until the time you report your App password or Website password, or your, Payment Card or ID Tag missing to us. You must also continue to pay all the Subscription Fees for the Minimum Period.
11.6 While we try to make sure that the App and Website is secure, we do not actively monitor or check whether information supplied to us through the App or Website is confidential, commercially sensitive or valuable.
11.7 Other than any personal information (which will be dealt with in accordance with our Privacy Policy), we do not guarantee that information supplied to us through the App or Website will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
12 Changing Charges and terms
12.1 We may change or introduce new fees. If we increase our fees, will notify you by email and give you at least 14 days’ notice.
12.2 However, we may not give you notice of such changes if they relate to third party Services which you don’t regularly use.
12.3 We may change or withdraw the App, ID Tag, Website or Services at any time, and we may change or introduce new terms to this Agreement at any time. If we do, we’ll give you at least 30 days’ notice of these changes unless we believe such changes will not disadvantage you or which you don’t regularly use. If these changes are to your material detriment, you have a right to end this Agreement under clause 16.3 and we’ll tell you if you do.
12.4 Where the Charges are calculated on a kWh unit basis, such units are measured at point of charge by the MID certified AC meters and DC meters at the Charging Stations.
12.5 The Charges include a transaction fee to cover card processing and payment service fees incurred by us.
13 Suspending our Services
13.1 We can suspend or restrict your use of any of the App, ID Tag, Services or Website if:
13.1.1 we believe the App, ID Tag, Website or Services are being used in a way we do not allow under this Agreement;
13.1.2 you have not kept to this Agreement (for example, you fail to pay any Charges when due);
13.1.3 you have incurred fees for our Services which you’ve not paid;
13.1.4 we believe that this Agreement was entered into fraudulently or you got the use of the App, ID Tag, Website or Services in an unauthorised, illegal, or fraudulent way;
13.1.5 you tell us that your App or Website login, or your ID Tag or Payment Card has been lost or stolen;
13.1.6 you become bankrupt or make any arrangement with creditors or go into liquidation or an administration order is made, or a receiver is appointed over any of your assets;
13.1.7 you do anything (or allow anything to be done) which we think may damage or affect the operation the Charging Station or our Network or Services; or
13.1.8 the emergency services tell us to, or a law or regulation is passed which means we need to do so.
13.2 We will try to tell you when we suspend or restrict your use, but we do not have to.
13.3 When we suspend or restrict your use, this Agreement will continue, and you still have to pay all Charges due during any period when we suspend or restrict the service.
14 Credit
14.1 If for any reason the Charging Station fails to recharge your electric vessel with electricity after payment has been made:
14.1.1 You should within 120 days contact the us to obtain a refund.
14.1.2 The refund process may take up to 20 days, depending on the card issuer.
15 Cooling off period
15.1 If you have selected a Subscription Plan and paid your Subscription Fee to us as soon as you joined, you may withdraw within 14 days of joining.
15.1.1 If neither you nor anyone authorised by you to use your account has taken advantage of any Services, we will refund the Subscription Fee in full. Otherwise, we will issue you a partial refund based on use of the Services during that time by you or anyone authorized by you to use your account.
15.1.2 To withdraw within the 14-day period, you can adjust your membership settings by logging in to your account, contacting customer service or you can use the cancellation form.
15.1.3 To meet the withdrawal deadline, you must send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
16 Ending this Agreement
16.1 Either you or we may end this Agreement by giving the other 14 days’ notice in writing.
16.2 You must pay the Charges during the notice period. You can stop using the Services any time, but you’ll still have to pay all the Subscription Fee.
16.3 You may end this Agreement by writing to us if:
16.3.1 we don’t do something fundamental that we should have done under this Agreement (for example, if there is a complete failure of the entire UK Network for seven days in a row due to something we have done), within seven days of you asking us in writing;
16.3.2 we tell you that there will be an increase in the Subscription Fee of more than 20% (calculated before the addition of VAT or other levy) and you write to us within one month of us telling you about the increase;
16.3.3 we change this Agreement to your material detriment. This includes (i) increasing Charges in the UK (calculated before the addition of VAT or other levy) which has the effect of increasing your total Charges (based on your usage in any of your last 3 bills) by more than 20% when compared with the Charges 12 months prior to the increase; or (ii) changing or withdrawing Services. We will tell you if this is the case. You need to write to us within one month of us telling you about the change, withdrawal or increase. This does not apply if this is a change to or withdrawal of third-party Services not included in your Subscription Plan, which we and you can cancel (or stop using) without ending this Agreement.
16.4 We may end this Agreement at any time if:
16.4.1 you do anything (or allow anything to be done) which we think may damage or affect the operation of the Charging Station or our Network;
16.4.2 within seven days of us asking you in writing, you do not do something fundamental that you have to do under this Agreement (for example, pay the Charges when they are due); or
16.4.3 we are permanently unable to provide the Services to you.
16.5 When this Agreement comes to an end:
16.5.1 you will have to pay immediately all fees you owe on that date (including any fees for third party Services); and
16.5.2 you must still pay all the Subscription Fee until the end of the Minimum Period. This applies when this Agreement ends, except if:
(a) we ended this Agreement under clause 16.1; or
(b) you ended this Agreement under clause 16.3; or
(c) we ended this Agreement because we were permanently unable to provide the Services to you.
16.5.3 In these three situations you do not have to pay all the Subscription Fee until the end of the Minimum Period.
16.5.4 If this agreement ends before the end of the Minimum Period, and you pay us all the Subscription Fee for the rest of the Minimum Period in one lump sum, we may reduce such payment by a rate we set. You can ask us what the reduction will be.
17 Liability and exclusions
17.1 We are legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:
17.1.1 loss of income or profits;
17.1.2 loss of use of the Services;
17.1.3 lost business or missed opportunities; or
17.1.4 any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into this Agreement with you. We will not be legally responsible to you if we cannot provide the Services because of something outside of our reasonable control.
17.2 Except for fraud or where our negligence causes death or personal injury, we will not pay more than the Charges paid for the Services by you.
17.3 The terms of this Agreement will not affect any rights which you may have under any law and which we cannot exclude under any Agreement
18 Personal Information
18.1 You confirm and represent that the details you have provided to us at the time of registering for the App, Website and/or a ID Tag are correct. You must inform us as soon as practicable if your details change.
18.2 We and our group companies may use your information to:
18.2.1 manage your account, carry out customer-care activities and train our staff, including monitoring calls, emails or text messages that you send us;
18.2.2 monitor the quality and security of our Charging Station and Network and test and maintain our IT systems;
18.2.3 analyse your use of the Services for marketing purposes, including, but not limited to, the calls and messages you send and receive and your location at the time these communications take place, as well as your browsing history and use of our Website;
18.2.4 contact you with marketing messages if you have not declined to receive such messages. You will be able to decline to receive such messages at any time through the App or Website. These messages may include marketing from other organisations, but we will not pass responsibility for your information to these other organisations. If you do not want to receive marketing messages from us, please contact us through our Website.
18.2.5 We do not include your details in any directory or directory enquiry service. If you want to have your information included in these services, you should contact us.
18.2.6 For more details on how we use your information, please read the privacy policy on our Website.
19 Data
19.1 To the extent that any data or information belonging to you is personal data within the meaning of the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable regulation relating to data protection and privacy:
19.1.1 We will process such data and information only as required to operate and provide the subscribed Services;
19.1.2 We will not routinely transmit such data and information to a country or territory outside the European Economic Area. However, by agreeing to these Terms, you consent to such transmissions of data when they do occur; and
19.1.3 We will take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to you as data controller.
19.2 You will be providing your personal information to us and we license and run the software to provide the Services. If you object to your information being transferred or used in this way you must not use the Services.
19.3 Your payment details are not held by us but by a third-party payment service provider, who complies with PCI DSS Level 1.
20 Credit reference and fraud prevention agencies
20.1 You can ask us about how we use your details for credit checking and fraud prevention when you take out this Agreement. We may release, to credit-reference agencies, debt-collection agencies and fraud-prevention agencies, details of your Agreement with us including any change of address, payments you make, account balances, missed payments, disputes and queries. We, and other organisations, may use this information to help make decisions about other credit applications made by you or other members of your household you are linked to financially and to protect both our business and our customers from fraudulent activity. We may also use any information we hold to trace debts and assess claims. If you don’t pay us in full, and on time, we may tell credit-reference agencies who will record the debt.
20.2 If false or inaccurate information is provided and fraud is identified, details will be passed to fraud-prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
20.2.1 checking details on applications for credit and credit-related or other facilities;
20.2.2 managing credit and credit-related accounts or facilities;
20.2.3 recovering debt;
20.2.4 checking details on proposals and claims for all types of insurance; or
20.2.5 checking details of job applicants and employees.
20.3 Please contact us at the address below if you want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use, from other countries, the information recorded by fraud-prevention agencies
21 Third Party Materials
21.1 Certain content and services available via the App and Website may include materials from third parties. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liabilities or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
21.2 You agree not to use any third-party materials in a manner that would infringe or violate the rights of any other party and we are not in any way responsible for any use by you.
22 Intellectual Property Rights
22.1 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 as a result of this Agreement.
23 No other right to occupy
23.1 You acknowledge that this Agreement does not confer a right of exclusive possession in respect of any part of the Charging Station, Network or charging berth. Nothing in this Agreement is intended to create any right beyond the end of the Charging Session, and you have no right to remain at or trade from the Charging Station, Network or charging berth.
24 Oral Statements
24.1 You agree that, in the event of any conflict, written data and specifications supplied by us shall prevail over any oral statements made by us or by our employees, agents or sub-contractors (although we shall be responsible for any fraudulent misstatements).
24.2 We shall use our reasonable efforts to ensure that our written data and specifications are accurate in all material respects.
25 Complaints
25.1 If you have a complaint, please contact us. We will do our best to fix your issues.
26 General
26.1 We may transfer this Agreement to anyone at any time. However, you can’t transfer this Agreement to anyone unless we’ve agreed in writing beforehand. We will not unreasonably refuse this request.
26.2 If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.
26.3 A person who is not a party to this Agreement has no right to benefit under or to enforce any terms of this Agreement.
26.4 We will send you notices by post, voicemail, text, email or other form of electronic message and will assume for notices by post that you have received them 48 hours after we have sent them. You must tell us about any changes to your address. If you want to write or email us, please use the address shown on your bill. You can then assume we have received these notices 48 hours after you have sent them.
26.5 This Agreement is under English law, and the English Courts have exclusive jurisdiction to resolve any disputes arising from it.
27 Contact us by
27.1 Phone: +4420 3474 5050
27.2 Email: support@aqua-superpower.com
27.3 Post: Aqua superPower Ltd, Kemp House, 152-160 City Road, London, EC1V 2NX;
28 We reserve the right to change our third-party service providers at any time without prior notification to you.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE AQUA SUPERPOWER LTD PRIVACY POLICY.