Terms of Use

 

Qmerit Electrification UK, Ltd.

User Terms and Conditions

Last Updated March 7, 2024

  1. ‌INFORMATION ABOUT US AND HOW TO CONTACT US

    1. ‌Who we are. We are Qmerit Electrification UK, Ltd., a company registered in England and Wales. Our company registration number is 14521341 and our registered office is at 2 New Street Square London, United Kingdom, EC4A 3BZ.

    2. ‌How to contact us. You can contact us by telephone on +44 (800) 0584614, by writing to us at the postal address in paragraph 1.1 or by email to customerservice@qmerit.uk.

    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us when interacting with our platform.

    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  2. ‌THESE TERMS

    1. What these terms cover. These are the terms and conditions which govern your use of our platform (our “Platform”) and the various services that we make available through our Platform.

    2. Different sections of these terms apply depending on how you use our Platform. The terms and conditions that apply will depend on how you use our Platform, as follows:

      1. Section A will apply to all use that you make of our Platform.

      2. Section B will apply if you use our ‘Find an Installer’ service, in order to find an electric vehicle charger Installer and arrange an installation.

    3. Why you should read these terms. Please read these terms carefully before you use our Platform, arrange an installation. These terms tell you who we are, explain our responsibility for the Platform and the various services that we make available through our Platform and provide other important information.

      SECTION A: PLATFORM TERMS OF USE

      SECTION A TELLS YOU THE RULES FOR USING OUR PLATFORM AND APPLIES TO ALL USE BY YOU OF OUR PLATFORM.

  3. ‌OUR PLATFORM TERMS OF USE

    1. Your acceptance of these terms. By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Platform.

    2. We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on April 19, 2023.

    3. We may transfer these terms. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

  4. ‌CHANGES TO AND AVAILABILITY OF OUR PLATFORM

    1. We may make changes to our Platform. We may update and change our Platform from time to time to reflect changes to our services, our users’ needs and our business priorities.

    2. We may suspend or withdraw our Platform. Our Platform is made available free of charge. We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

    3. Our Platform is only for users in the UK. Our Platform is directed to people residing in the United Kingdom. We do not represent that content available on or through our Platform is appropriate for use or available in other location.

  5. ‌YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

    1. Your account details. If you choose or are provided with a username, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    2. We can disable your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

    3. You must notify us if anyone knows your account details. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details set out in paragraph 1.2.

  6. ‌HOW YOU MAY USE MATERIAL ON OUR PLATFORM

    1. Our intellectual property rights. We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. Our trade marks. QMERIT and the Qmerit Logo are trade marks with pending registrations in the United States, the United Kingdom, and several other European countries.

  7. ‌OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    1. Whether you are a consumer or business user:

      1. 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 and for fraud or fraudulent misrepresentation.

      2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which are set out in Sections B and C of these User Terms and Conditions.

    2. If you are a business user:

      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

      2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

        1. use of, or inability to use, our Platform; or

        2. use of or reliance on any content displayed on our Platform.

      3. In particular, we will not be liable for:

        1. loss of profits, sales, business, or revenue;

        2. business interruption;

        3. loss of anticipated savings;

        4. loss of business opportunity, goodwill or reputation; or

        5. any indirect or consequential loss or damage.

    3. If you are a consumer user:

      1. Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

      2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

  8. ‌UPLOADING CONTENT TO OUR PLATFORM

    1. You should only upload limited content to our Platform. You should only upload to our Platform the information that is necessary for you to receive a quote for electric vehicle

      charger installation services, to make contact with Installer from whom you wish to receive a quotation or whom you would like to have contact you directly.

    2. Any content you upload to our Platform will be considered non-confidential and non- proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in paragraph 9.

  9. ‌RIGHTS YOU ARE GIVING US TO MATERIAL YOU UPLOAD

    1. The rights you grant us. When you upload content to our Platform, you grant us the following rights to use that content:

      1. a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Platform and across different media including to promote the Platform or the service forever; and

      2. a worldwide, non-exclusive, royalty-free, transferable licence for the Installer you choose to perform your installation services to use the content for their purposes forever.

  10. ‌ACCEPTABLE USE

    1. Acceptable use of our Platform. By using our Platform, you agree not to use the Platform:

      1. In any way that breaches any applicable local, national or international law or regulation.

      2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

      3. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    2. You also agree:

      1. Not to probe, scan or test the vulnerability of the Platform, nor breach the security or authentication measures on the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, or exploit the Platform in any way where the purpose is to reveal any information, including but not limited to personal information other than your own information, except as expressly authorised by these User Terms and Conditions.

  11. ‌WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

    1. We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

    2. You must not introduce viruses or misuse our Platform. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

  12. ‌WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

    1. If you are a consumer: please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

    2. If you are a business: these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

      SECTION B: FINDING AN INSTALLER – TERMS AND CONDITIONS

      SECTION B APPLIES WHERE YOU FIND AN INSTALLER THROUGH OUR SERVICE IN ORDER TO ARRANGE THE INSTALLATION OF AN ELECTRIC VEHICLE CHARGER.

  13. ‌OUR ‘FIND AN INSTALLER’ SERVICE

    1. The basis on which we provide our Find an Installer service. The purpose of our Find an Installer service is to help you find a third-party installer (an “Installer”) for the charger for your electric vehicle (“EV”). Our Find an Installer service is available as a matter of convenience to assist you in contacting Installers and receiving bids for EV charger installations.

    2. We act only as an agent. Please note that we act as an agent on behalf of the Installers featured on our Platform, when providing our Find an Installer service. This means that, while we will help you to find an Installer and to arrange the installation of an EV charger with that Installer, your contract for the provision of the installation services that you select will be with the Installer and not with us. We will have no responsibility for the installation itself or for any acts or omissions of the Installer. Responsibility for the installation of your EV charger, and for any acts or omissions of the Installer, lies with the Installer that you choose to arrange an installation with.

    3. Your contract. When you arrange the installation of an EV charger via our Platform, we will enter you into a contract with the Installer you have chosen to carry out the installation, in our role as agent on behalf of that Installer. Your installation will be subject to any specific terms and conditions of the relevant Installer that you contract with. The Installer’s terms and

      conditions may limit and/or exclude the Installer’s liability to you and so you should read them

      carefully.

  14. ‌ARRANGING AN INSTALLATION

    1. How to arrange an installation. You can arrange an installation via our Platform. To arrange an installation, you will need to complete the home charging assessment and upload a picture of your CONSUMER UNIT and the location you would like the charger to be installed, together with any other information or data that we may from time to time request. an Installer will review the materials you have provided and provide a final quotation.

    2. Confirming your installation. Your installation is confirmed and a contract between you and the relevant Installer will exist when you confirm your final quotation. If you do not confirm your final quotation, the Installer will not provide any installation services. If the Installer cannot confirm your installation. If the Installer is unable to confirm your installation, we will inform you of this in writing and will not charge you. This might be because your chosen Installer is not able to provide installation services in your area, because the Installer believes there are unique conditions that require a site visit or a custom quotation, because the Installer determined upon visiting your location that additional conditions complicate the installation, or because we have identified an error in the price or description of the installation. If the first Installer is unable to perform the installation services, we may be able to introduce you to an alternate Installer to provide an updated quotation and to obtain your confirmation of the final quotation as outlined above.

  15. ‌PRICE AND PAYMENT

    1. Where to find the price. The price of your installation will be the price indicated to you on the final quotation presented to you. We take all reasonable care to ensure that the price of the installation advised to you is correct. However please see paragraph 15.215.2 for what happens if we discover an error in the price of the installation that you have booked.

    2. ‌Circumstances in which the price may change. It is always possible that, despite our best efforts, your installation may be incorrectly priced. This most often results when an Installer visits your location and discovers additional conditions that complicate the installation beyond what was known based on the information you provided and the photos that were uploaded. In those circumstances, the Installer will update the quotation based on the actual conditions discovered. You will then be provided with the opportunity to accept or reject that updated quotation. If you accept the updated quotation, the installation will proceed on the basis of the revised price. On the other hand, if you decide not to proceed forward after receiving the updated quotation, you may cancel the installation,

    3. When you must pay and how you must pay. We accept payment for your installation, in our role as agent on behalf of your chosen Installer. This may include the full balance due upon completion of the installation. We utilize a third-party payment provider, Stripe, and you may pay by any of the means allowed by Stripe. However, in some cases, if you are a fleet customer, your employer or your fleet management company may cover the cost of the installation, and we will be collecting payment from such parties.

  16. ‌HOW YOU CAN CANCEL YOUR INSTALLATION

    1. Your right to change your mind within 14 days. You have 14 days after the date we confirm your installation, on behalf of the Installer, to change your mind about your purchase, but you lose the right to cancel your installation once it’s been completed (and you must pay for any services provided up the time you cancel).

    2. What to do if you change your mind and what happens next. As your contract for the installation is with your chosen Installer, you must contact the Installer directly if you change your mind using the contact details that they provide to you.

    3. If you wish to cancel your installation after 14 days. If you wish to cancel your confirmed installation more than 14 days after the date we confirm your installation, you must contact your chosen Installer and your cancellation can only be accepted in accordance with the Installer’s terms and conditions and the Installer’s cancellation charges will apply.

  17. ‌OUR RESPONSIBILITY FOR YOUR INSTALLATION

    1. Our role as an agent is limited. We act as an agent on behalf of the Installers featured on our Platform and our responsibilities are limited to helping you to arrange the installation in accordance with your instructions. We do not perform the installation services and we do not manage, oversee or have any control over the Installer you select to perform your installation.

    2. Our responsibility. As an agent, we accept no responsibility for the acts or omissions of the Installer or for the installation services provided by them. We do not guarantee the qualifications or quality of any Installer and, in all cases, it remains your responsibility to negotiate, select and contract with any of the Installers featured on our Platform. We accept no responsibility for any information about the Installer that we pass on to you, on behalf of the Installer, in good faith.

  18. ‌IF THERE IS A PROBLEM WITH YOUR INSTALLATION

    1. How to report a problem. If you have a complaint about your installation you must contact your chosen Installer directly. Since we act as an agent only, we are not responsible to you for anything that may go wrong during your installation or for any refunds or compensation that may be payable to you as a result.

  19. ‌OTHER IMPORTANT TERMS THAT APPLY TO OUR CONTRACT

    1. We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We’ll contact you to let you know if we plan to do this. If you’re unhappy with the transfer you can contact us (using the contact details set out in paragraph 1.2) to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for services not provided.

    2. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

    3. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

    4. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.