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Terms and conditions for E.ON Drive

Pay at post terms and conditions

1. About this contract

These terms and conditions relate to your use of our Electric Vehicle Charge Points. Please read the following important terms and conditions before you use the E.ON Drive charge post. By using the E.ON Drive charge posts you agree to these terms and conditions.

Definitions of all the words in bold are at the end of the document.

1.1 This Contract is between:

1.1.1 you, the person purchasing the Services we supply; and

1.1.2 us/we, E.ON Energy Solutions Limited trading as E.ON Drive, a business division of E.ON Energy Solutions Limited (whose company number is 03407430 and registered office is Westwood Way, Westwood Business Park, Coventry, CV4 8LG).

1.2 This Contract sets out:

1.2.1 your legal rights and responsibilities;

1.2.2 our legal rights and responsibilities; and

1.2.3 certain key information required by law

1.3 Do you need more help?

1.3.1 If you don't understand any term of this Contract or have any questions in relation to the Services and want to talk to us about it, please contact us:

  (a) by e-mail at EONDriveUK@eonenergy.com; or

  (b) by telephone on 0330 202 4417 (Monday to Friday: 9am to 5.00pm). We may record calls for quality and training purposes.

  1.3.2 If you would like this Contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

1.4 When the Contract is formed

  1.4.1 The Contract is formed as soon as you plug your vehicle into an E.ON Drive Charge Point.

  1.4.2 By using the Website to select an E.ON Drive Charge Point and by using the Services, you are agreeing to do so in accordance with this Contract.

1.4.3 This Contract sets out the entire agreement between us and you in relation to the provision of the Services.

1.5 What laws apply to this Contract?

  1.5.1 For consumers resident in England and Wales, the laws of England and Wales apply to this Contract. For consumers resident in Scotland, the laws of Scotland apply to this Contract.

1.5.2 Nothing in this Contract affects your legal rights.

  1.5.3 If a court decides that one or more of the terms in this Contract is not valid, the other terms still apply.

2. About the services

2.1 Accessing the Services

  2.1.1 You will be able to use the Services once you have accessed the Website, selected the E.ON Drive Charge Point you wish to use and entered valid payment card details.

3. Our responsibilities and yours

3.1 Our responsibilities

  3.1.1 We will use our best efforts to ensure that the Services are available at all times but we cannot guarantee this and whilst we will use our best efforts to ensure that the Services are available at all times,we will not be liable to you for any unavailability of the Services.

  3.1.2 We will ensure that all price information is accessible via the Website. Prices shall be shown per kWh and/or per hour.

  3.1.3 Where the Services are unavailable, for example, for maintenance purposes or due to circumstances beyond our control, we will use our best efforts to get the Services running again as soon as possible.

  3.1.4 We cannot guarantee that you will be able to charge your vehicle at every Charge Point at all times.

3.1.5 We are not liable for:

  (a) any harm to you, which we could not have expected when we agreed your Contract and which was therefore not a foreseeable result of our breaching this Contract;

  (b) any damage you suffer that is outside our control;

  (c) any loss you incur as a result of your use of an incorrect or inadequate cable (having regard to paragraph 3.2.1); or

  (d) business losses including loss of business, revenue, profit, or savings that you expected to make

  3.1.6 Nothing in this Contract limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud.

  3.1.7 If for any reason we are found to be liable for any losses suffered by you in connection with this Contract, our liability will be limited to the amount you have paid to us in respect of your receipt of the Services as at the point the liability arises.

  3.1.8 We might transfer this Contract to another company. If we do, it won’t affect your legal rights. If you provide any personal data to us under this Contract, we will share your personal data with the company so that they can carry on supplying the Services to you.

3.2 Your responsibilities

3.2.1 If the Charge Point does not have a permanently attached cable then you will need to use your own cable to attach your Electric Vehicle to the Charge Point and to charge your vehicle. We are not responsible for any loss you may incur due to the use of any faulty or incorrect cable. It is your responsibility to ensure that you use the correct equipment for this purpose and that the cable you are using is fit for that purpose and compliant with the appropriate British and International Standards (including IEC 61851-1 and BS EN 62196-2 standards as amended from time to time).

  3.2.2 You must pay for the Services in accordance with this Contract.

  3.2.3 You must not:

  (a) tamper with the Charge Point in any way;

  (b) use the Charge Point for any purpose other than to charge your Electric Vehicle;

  (c) damage the Charge Point.

4. Paying us

4.1 The amount that you will be charged when charge your Electric Vehicle at a Charge Point will depend on the amount of energy provided and/or the time that your Electric Vehicle was connected and the location of the Charge Point. The current prices for charging your Electric Vehicle at the Charge Point, together with any minimum payment, will be provided via the Website. The prices are shown per kWh and/or p/hour and are inclusive of VAT. Prices can change from time to time and will vary depending on the Charge Point. You will be able to monitor ongoing state of the charge via the Website.

4.2 When you have finished charging your vehicle you will be able to review all your charges on the Website and arranged for a VAT receipt to be emailed to you if required.

 

5. Personal data

5.1 Processing your data

  5.1.1 If you provide any personal data to us under this Contract, E.ON Energy Solutions Limited will be the ‘data controller’. Our Data Protection Officer can be contacted at: Newstead Court, Little Oak Drive, Annesley, Nottinghamshire, NG15 0DR.

  5.1.2 We will process your personal data in line with our privacy notice, which we will amend from time to time. You can find it at eonenergy.com/privacy. Our privacy notice sets out:

  (a) where we might get data about your from;

  (b) why we need it;

  (c) what we might do with the data (including who we might share it with);

  (d) the circumstances in which your data might be transferred abroad; and

  (e) how long we keep it for.

5.2 Your rights

  5.2.1 You have a number of rights which relate to the access to and control of your personal data. These are also set out in our privacy notice.

6. Complaints

6.1 If we haven’t given you the kind of service you expect, you can:

  6.1.1 e-mail us at EONDriveUK@eonenergy.com; or

  6.1.2 write to us at Customer Service Centre, E.ON, PO Box 7750, Nottingham NG1 6WR.

6.2 We train our customer care team to be able to resolve most issues straightaway. If they cannot do so, our resolution team will take over. We try to resolve complaints in two working days or less. If you’re not satisfied with how we respond, you can ask us to review your case. We’ll look into how we’ve handled it and decide if we should do anything differently.

6.3 If we haven’t resolved your complaint after eight weeks, or if we’ve sent you a final resolution letter, also known as a deadlock letter, to say there’s no more we can do, you can go to the Energy Ombudsman. This is a free and impartial service that resolves disputes between energy companies and customers.

6.4 You can get in touch with the Ombudsman by:

  6.4.1 telephone on 0330 4401624; or

  6.4.2 e-mail at osenquiries@os-energy.org.

6.5 What they decide is legally binding for us, but not for you.

6.6 To 'Know Your Rights' and to obtain free, independent, confidential and impartial advice on consumer issues visit www.citizensadvice.org.uk/energy. You can also call the Citizens Advice consumer helpline on 0345 404 0506 or fill in their energy query form. You can do any of this at any point during the complaints process.

 

7. Definitions

Charge Point(s) mean the physical units at which Electric Vehicles can be charged

Contract means these terms and conditions

Electric Vehicle(s) means a motor vehicle that uses electricity to power or assist in the propulsion of the motor vehicle and where the vehicle battery may be charged by plugging the vehicle into a dedicated Charge Point

Services means the provision of electricity to you via the Charge Points

Website means www.eonevpay.co.uk

 

Pre Payment terms and conditions

1. About this contract

These terms and conditions relate to your use of our Electric Vehicle Charge Points. Please read the following important terms and conditions before you sign up to use the Services or use the E.ON Drive Customer Portal and check that you agree to these terms and conditions.

Definitions of all the words in bold are at the end of the document.

1.1 This Contract is between:

  1.1.1 you, the person purchasing the Services we supply; and

  1.1.2 us/we, E.ON Energy Solutions Limited trading as E.ON Drive, a business division of E.ON Energy Solutions Limited (whose company number is 03407430 and registered office is Westwood Way, Westwood Business Park, Coventry, CV4 8LG).

1.2 This Contract sets out:

  1.2.1 your legal rights and responsibilities;

  1.2.2 our legal rights and responsibilities; and

  1.2.3 certain key information required by law.

1.3 Do you need more help?

  1.3.1 If you don't understand any term of this Contract or have any questions in relation to your Account or the Services and want to talk to us about it, please contact us:

  (a) by e-mail at EONDriveUK@eonenergy.com; or

  (b) by telephone on 0330 202 4417 (Monday to Friday: 9am to 5.00pm). We may record calls for quality and training purposes.

  1.3.2 If you would like this Contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

1.4 When the Contract is formed

  1.4.1 The Contract is formed as soon as you register for an Account via the Website or via the App.

  1.4.2 By registering for an Account and by using the Services, you are agreeing to do so in accordance with this Contract.

  1.4.3 This Contract sets out the entire agreement between us and you in relation to the provision of the Services.

1.5 What laws apply to this Contract?

  1.5.1 For consumers resident in England and Wales, the laws of England and Wales apply to this Contract. For consumers resident in Scotland, the laws of Scotland apply to this Contract.

  1.5.2 Nothing in this Contract affects your legal rights.

  1.5.3 If a court decides that one or more of the terms in this Contract is not valid, the other terms still apply.

2. About the services

2.1 How to register for the Services

  2.1.1 In order to use the Services you must register online by creating an Account via the Website or via the App.

  2.1.2 In order to register you must provide us with your payment card details, mobile telephone number and e-mail address. Upon registration, we will deduct the Initial Registration Deposit from your bank account as credit for your Account. Once you have registered, a password will be sent by text to the mobile telephone number you provided during registration. You will need this password to access your Account via the Customer Portal, to log in to the App and to use the Services.

  2.1.3 Once you have registered and your Account is in positive credit, you will be able to charge your Electric Vehicle at the Charge Points by using the App (see paragraph 2.2) or by using an RFID Card and/or Tag (see paragraph 2.3).

  2.2.2 In using the App you agree:

  (a) not to copy, decode, reverse engineer, disassemble, decompile or otherwise translate or convert the App;

  (b) not to infringe or copy the code or content or the design of the App;

  (c) not to use the App for any purpose other than to receive the Services;

  (d) not to observe, study or test the functioning of the App (or any part of it), but only so far as the same cannot be restricted by law;

  (e) not to distribute, rent, assign, sub-licence, lease, resell, distribute or otherwise deal in or encumber the App;

  (f) not to remove or modify any trade mark, copyright notice or other proprietary marking or notices on the App;

  (g) not to use the App, or permit it to be used, on behalf of any third party;

  (h) not to attempt to circumvent or interfere with any security features of the App;

  (i) not to use the App in any way that breaches any applicable law or regulation;

  (j) not to upload material to the App that might reasonably be considered likely to upset other users, including (but not limited to) the following: libellous or defamatory comments; anything which discriminates against race, sex, religion, nationality, disability, age or sexual orientation; personal insults about another user; content containing profanities; or harassing, obscene, indecent or offensive language;

  (k) not to submit or make a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

  (l) not to make any reference to any ongoing or pending criminal trial anywhere in the world, or advocate, promote or incite any third party to commit, or assist any unlawful or criminal act;

  (m) not to submit the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than yourself;

  (n) not to impersonate another user, misrepresent your identity or misrepresent your affiliation with any other person;

  (o) not to submit any content on the App which infringes the intellectual property rights of any third party or that may constitute a criminal offence or give rise to civil liability or that
otherwise violates any national or international law or regulation; and

  (p) not to misuse the App by knowingly introducing viruses, trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which is malicious or technologically harmful.

2.3 Accessing the Services with an RFID Card or Tag

  2.3.1 If you would like to use the Services with an RFID Card or Tag, you will need to request these at registration or subsequently via the Customer Portal. The RFID Card and Tag come together and you cannot request one without the other.

  2.3.2 We will aim to deliver the RFID Card and Tag to your chosen address within 14 days of receiving your request. You will be charged the RFID Card and Tag Fee for delivery of the RFID Card and Tag and this amount will be:

  (a) automatically deducted from your payment card, if you request the RFID Card and Tag via the Customer Portal; or

  (b) added to your Initial Registration Deposit if you request the RFID Card and Tag during registration, thus increasing the amount we deduct from your bank account on registration.

  2.3.3 You will need to follow the instructions on the Charge Points on how to use an RFID Card or Tag.

  2.3.4 You will keep the RFID Card and Tag secure and take appropriate steps to prevent them being stolen or copied. You will also inform us as soon as possible should you believe that your RFID Card or Tag is lost, stolen or could have been copied.

2.4 Returning your RFID Card and Tag

  2.4.1 You have 14 days from when you receive your RFID Card and Tag to change your mind and receive a refund for your RFID Card and Tag. This is your cooling off period.

  2.4.2 If you do change your mind, please tell us before the end of the cooling off period using the contact details above and we will refund the cost of the RFID Card and Tag to the payment card that you registered with, within 14 days of receiving the returned RFID Card and Tag. You will need to pay the delivery costs for the return of the RFID Card and Tag and you must return both in order to receive a refund.#

  2.4.3 If you change your mind after the cooling off period, you will not receive a refund.

  2.4.4 If your RFID Card or Tag is faulty, you must send it back to us as soon as possible and we will at your option either:

  (a) refund you the full RFID Card and Tag Fee if the fault occurs within the first 30 days of your receipt of the RFID Card or Tag; or

  (b) send you a replacement RFID Card and/or Tag if the fault occurs within 6 months of you receiving them.

  2.4.5 If you lose or damage your RFID Card or Tag and need a replacement or if you simply want an additional RFID Card and Tag, you can request these via the Customer Portal. In requesting an additional RFID Card and Tag you will be charged an additional RFID Card and Tag Fee for delivery of the replacement or additional RFID Card and Tag and this will be automatically deducted from your registered payment card. We will endeavour to send the new RFID Card and Tag to your chosen address within 14 days of receiving your request.

2.4.6 The provisions of this paragraph 2.4 apply to any RFID Card and Tag supplied by us to you.

3. Our responsibilities and yours

3.1 Our responsibilities

  3.1.1 We will use our best efforts to ensure that the Services are available at all times but we cannot guarantee this and whilst we will use our best efforts to ensure that the Services are available at all times, we will not be liable to you for any unavailability of the Services.

  3.1.2 We will ensure that all price information is accessible via the App and the Website. Prices shall be shown per kWh and/or per hour.

  3.1.3 Where the Services are unavailable, for example, for maintenance purposes or due to circumstances beyond our control, we will use our best efforts to get the Services running again as soon as possible.

  3.1.4 We cannot guarantee that you will be able to charge your vehicle at every Charge Point at all times. You will be able to find the location and availability of the nearest Charge Point to you via the Website or via the App.

  3.1.5 We will ensure that any RFID Card and Tag that we send to you comply with your legal rights (being that they are of satisfactory quality, fit for purpose and match the description, sample or model). If an RFID Card or Tag does not meet these requirements they will be deemed to be "faulty" and you may obtain a replacement as described in paragraph 2.4.4.

  3.1.6 We will aim to keep the App and the Website up to date with availability of Charge Points.

  3.1.7 We reserve the right to suspend your Account and cancel your right to receive the Services if we have reason to believe that:

  (a) you have failed comply with your responsibilities under this Contract;

  (b) you have breached a term of this Contract;

  (c) you have misused the Account, Customer Portal or Services; or

  (d) if you owe money to us.

  3.1.8 We are not liable for:

  (a) any harm to you, which we could not have expected when we agreed your Contract and which was therefore not a foreseeable result of our breaching this Contract;

  (b) any damage you suffer that is outside our control;

  (c) any loss you incur as a result of your use of an incorrect or inadequate cable (having regard to paragraph 3.2.1); or

  (d) business losses including loss of business, revenue, profit, or savings that you expected to make

3.1.9 Nothing in this Contract limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud.

3.1.10 If for any reason we are found to be liable for any losses suffered by you in connection with this Contract, our liability will be limited to the greater of: £1,000 or the amount you have paid to us in the past 24 months in respect of your receipt of the Services as at the point the liability arises.

  3.1.11 We might transfer this Contract to another company. If we do, it won’t affect your legal rights. We’ll share your personal data with the company so that they can carry on supplying the Services to you.

3.2 Your responsibilities

3.2.1 If the Charge Point does not have a permanently attached cable then you will need to use your own cable to attach your Electric Vehicle to the Charge Point and to charge your vehicle. We are not responsible for any loss you may incur due to the use of any faulty or incorrect cable. It is your responsibility to ensure that you use the correct equipment for this purpose and that the cable you are using is fit for that purpose and compliant with the appropriate British and International Standards (including IEC 61851-1 and BS EN 62196-2 standards as amended from time to time).

  3.2.2 You must pay for the Services in accordance with this Contract.

  3.2.3 You must not:

  (a) tamper with the Charge Point in any way;

  (b) use the Charge Point for any purpose other than to charge your Electric Vehicle;

  (c) damage the Charge Point;

  (d) allow anybody else to use your Customer Portal (it being acknowledged that if you do allow a third party to use your Customer Portal then you shall be liable for that third party's actions or omissions as if they were your own).

  3.2.4 We have the right to change the terms of this Contract at any time. We will use our best efforts to provide you with as much notice as possible of any material changes via the Website, by e-mail or via the App. If you are unhappy with the changes made to this Contract you may cancel your Account in accordance with paragraph 2.1.4.

4. Paying us and topping up your account

4.1 The amount that you will be charged each time you charge your Electric Vehicle at a Charge Point will depend on the amount of energy provided and/or the time that your Electric Vehicle was connected and the location of the Charge Point. The current prices for charging your Electric Vehicle can be found on the Website and on the App. The prices are shown per kWh and/or p/hour and are inclusive of VAT. Prices can change from time to time and will vary depending on the Charge Point. You will be able to monitor ongoing cost of the charge via the App and when you have finished charging your vehicle you will be able to review all your charges on the Customer Portal.#

4.2 You will only be able to charge your Electric Vehicle at a Charge Point if your Account is in positive credit. If you have opted out of the Auto Top Up and your Account does not have enough credit to pay for the amount of charge you have used then:

  4.2.1 your Account will be in debt. (Please ensure you have a minimum balance on your account of £10 at all times).

  4.2.2 you will not be able to charge your vehicle at a Charge Point until you have topped up your Account manually in accordance with paragraph 4.3 such that your Account is in positive balance or have opted back into the Auto Top Up arrangements; and

  4.2.3 we reserve the right to recover from you the amount which your Account is in debt.

4.3 You can top up your Account at any time via the Customer Portal.

4.4 Unless you have opted out of the Auto Top Up via your Account then, if the balance on your Account falls below £10.00 (ten pounds), we will automatically deduct £30.00 (thirty pounds) from your payment card to top up the credit on your Account (the "Auto Top Up").

4.5 You can opt out of the Auto Top Up at any time via your Account. If you opt out of the Auto Top Up, you will be responsible for manually topping up your Account. You can also opt back into the Auto Top Up via your Account and if you opt back into the Auto Top Up, we will automatically top up your Account in accordance with paragraph 4.4.

4.6 You can request a refund of any credit on your Account and/or the closure of your Account at any time by notifying us by e-mail or telephone (please see our contact details at paragraph 1).

4.7 If your Account is dormant for a period of two years, we will cancel your Account and try to contact you using the personal details we hold to refund any credit that you have remaining on your Account. If we are unable to reach you within 6 weeks, we will refund the credit on your Account to our chosen charity.

 

5. Personal data

5.1 Processing your data

  5.1.1 If you provide any personal data to us under this Contract, E.ON Energy Solutions Limited will be the ‘data controller’. Our Data Protection Office can be contacted at: Newstead Court, Little Oak Drive, Annesley, Nottinghamshire, NG15 0DR.

  5.1.2 We will process your personal data in line with our privacy notice, which we will amend from time to time. You can find it at eonenergy.com/privacy. Our privacy notice sets out:

  (a) where we might get data about you from;

  (b) why we need it;

  (c) what we might do with the data (including who we might share it with);

  (d) the circumstances in which your data might be transferred abroad; and

  (e) how long we keep it for.

5.2 Your rights

  5.2.1 You have a number of rights which relate to the access to and control of your personal data. These are also set out in our privacy notice.

6. Complaints

6.1 If we haven't given you the kind of service you expect, you can:

  6.1.1 call us on 0330 202 4417 (Monday to Friday: 9.00am to 5.00pm); or

  6.1.2 e-mail us at EONDriveUK@eonenergy.com;or

  6.1.3 write to us at Customer Service Centre, E.ON, PO Box 7750, Nottingham NG1 6WR.

6.2 We train our customer care team to be able to resolve most issues straightaway. If they cannot do so, our resolution team will take over. We try to resolve complaints in two working days or less. If you’re not satisfied with how we respond, you can ask us to review your case. We’ll look into how we’ve handled it and decide if we should do anything differently.

6.3 If we haven’t resolved your complaint after eight weeks, or if we’ve sent you a final resolution letter, also known as a deadlock letter, to say there’s no more we can do, you can go to the Energy Ombudsman. This is a free and impartial service that resolves disputes between energy companies and customers.

6.4 You can get in touch with the Ombudsman by:

  6.4.1 telephone on 0330 4401624; or

  6.4.2 e-mail at osenquiries@os-energy.org.

6.5 What they decide is legally binding for us, but not for you.

6.6 To 'Know Your Rights' and to obtain free, independent, confidential and impartial advice on consumer issues visit www.citizensadvice.org.uk/energy. You can also call the Citizens Advice consumer helpline on 0345 404 0506 or fill in their energy query form. You can do any of this at any point during the complaints process.

6.7 If we change our complaints process, we’ll tell you through your Customer Portal, and through our Website.

7. Definitions

Account means your E.ON Drive account registered for/accessed via the Website or App

App means the E.ON Drive App which is available from the Google Store or Apple App Store

Auto Top Up has the meaning given to it in paragraph 4.4

Charge Point(s) mean the physical units at which Electric Vehicles can be charged

Contract means these terms and conditions

Customer Portal means your online Customer Portal accessed via www.eondrive.co.uk/customer or through the App

Electric Vehicle(s) means a motor vehicle that uses electricity to power or assist in the propulsion of the motor vehicle and where the vehicle battery may be charged by plugging the vehicle into a dedicated Charge Point

Initial Registration Deposit means an initial deposit deducted from your bank account upon registration and notified to you prior to your completion of registration

Tag means the E.ON Drive RFID tag designed to be attached to a key ring and used to access the Services at a Charge Point

RFID means Radio Frequency Identification and refers to a small electronic circuit embedded in the RFID Card or Tag and used to communicate with the Charge Point in order to identify the driver and provide access to the Services

RFID Card means the credit card sized E.ON Drive RFID card used to access the Services at a Charge Point

RFID Card and Tag Fee means a fee payable by you for the RFID Card and Tag and notified to you prior to you requesting the RFID Card and Tag

Services means the provision of electricity to you via the Charge Points and access to the Customer Portal

Website means www.eondrive.co.uk

E.ON Drive App terms and conditions

1. App terms

1.1 By installing the App and using our services, you agree to be bound by:

  1.1.1 these terms of use ("App Terms"); and 

  1.1.2 our Privacy Policy.

1.2 Please review them carefully before you accept them. If you do not agree to these terms then we will not licence the App to you and you must not download or use it.

 

2. The App

2.1 The App is provided by E.ON Energy Solutions Limited trading as E.ON Drive, a business division of E.ON Energy Solutions Limited (whose company number is 03407430 and registered office is Westwood Way, Westwood Business Park, Coventry, CV4 8LG) ("we", "us" or "E.ON") to enable you to find the location and availability of the nearest Charge Point, charge your Electric Vehicle and access the Services. The App can be used on most Apple iOS and Android OS devices.

2.2 We may change the App Terms at any time and will inform you of a change through the App, when you next start the App. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the App.

2.3 We may update the App to add and improve its functions.

2.4 If you have any issues with the App, please contact us by e-mail at EONDriveUK@eonenergy.com and we will do our best to help you.

2.5 The App is provided for convenience. You acknowledge that the App (and the Services provided through the App) are dependent upon third parties. E.ON does not guarantee a certain availability of the App. In particular, maintenance work, disturbances in your access requirements, events beyond our/third parties’ control such as power failures can lead to non-availability of the App. E.ON may temporarily limit or stop the App at any time. E.ON will carry out the required maintenance work, as far as is possible, in low-usage times. Should longer temporary performance adjustments or restrictions be required, E.ON will advise you of the nature, extent and duration of the impairment to the extent that this is objectively possible in the circumstances and the disclosure would not delay the removal of any interruption already occurred.

2.6 You do not need to register on the App to use it, however you can register with us in order to create an Account which simplifies payment for charging your Electric Vehicle and reviewing previous charging transactions. You will need to create an Account to access our private charge posts that are not available to the general public where you have been granted use of these facilities.

3. The App services

3.1 The App includes the following Services:

  3.1.1 the ability to locate E.ON Drive and third party Charge Points on an interactive map and obtain directions to those Charge Points; and

  3.1.2 for E.ON Drive Charge Points,

  (a) a list of nearby charge points and maintain lists of favourite locations;

  (b) a filter of the displayed charge points by connector type;

  (c) the provision of pricing information for each Charge Point;

  (d) the ability to start and stop the charging of your Electric Vehicle and monitor the status of any ongoing charging transaction; and

  (e) the ability for registered users to view their available balance.

3.2 We may use third party suppliers to support us in providing the App. We take reasonable care in selecting our suppliers so as to protect your security.

3.3 By uploading or submitting any information, content or materials to the App, you allow us (and our suppliers) a worldwide right to use it to provide the App to you. More information about how we use your information, and how it is held securely, is in our Privacy Policy.

4. Compatible devices and mobile data charges

4.1 In order to use the App, you are required to have a compatible mobile telephone or handheld device and internet data access. You must have obtained permission from the owners of any devices you use that are controlled, but not owned, by you to download and use the App.

4.2 You may be charged by your mobile network operator for internet data access. You accept responsibility for the use of the App (including data charges) and any service on or in relation to any device, whether or not it is owned by you.

 

5. Proprietary rights and license

5.1 All trade marks, copyright, database rights and other intellectual property rights of any nature in the App (including its appearance and branding), together with the underlying software code, are owned by E.ON or its licensors. We may also use open source software code in the App.

5.2 E.ON grants you a revocable right to use the App for your personal (non-commercial) use in accordance with these App Terms.

5.3 You will be able to use the Services once you have downloaded and installed the App.5.4 In using the App you agree:

  (a) not to copy, decode, reverse engineer, disassemble, decompile or otherwise translate or convert the App;

(b) not to infringe or copy the code or content or the design of the App;

  (c) not to use the App for any purpose other than to receive the Services;

  (d) not to observe, study or test the functioning of the App (or any part of it), but only so far as the same cannot be restricted by law;

  (e) not to distribute, rent, assign, sub-licence, lease, resell, distribute or otherwise deal in or encumber the App;

(f) not to remove or modify any trade mark, copyright notice or other proprietary marking or notices on the App;

  (g) not to use the App, or permit it to be used, on behalf of any third party;

  (h) not to attempt to circumvent or interfere with any security features of the App;

  (i) not to use the App in any way that breaches any applicable law or regulation;

  (j) not to upload material to the App that might reasonably be considered likely to upset other users, including (but not limited to) the following: libellous or defamatory comments; anything which discriminates against race, sex, religion, nationality, disability, age or sexual orientation; personal insults about another user; content containing profanities; or harassing, obscene, indecent or offensive language;

  (k) not to submit to or make a statement on the App which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

  (l) not to make on the App any reference to any ongoing or pending criminal trial anywhere in the world, or advocate, promote or incite any third party to commit, or assist any unlawful or criminal act;

  (m) not to submit to the App the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than yourself;

  (n) not to impersonate another user, misrepresent your identity or misrepresent your affiliation with any other person on the App;

  (o) not to submit any content on the App which infringes the intellectual property rights of any third party or that may constitute a criminal offence or give rise to civil liability or that otherwise violates any national or international law or regulation; and

  (p) not to misuse the App by knowingly introducing viruses, trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which is malicious or technologically harmful.

5.4 You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the App; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; (iii) create derivative works of the App; (iv) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; (v) make alterations to, or modifications of, the App, or permit the App to be combined with, or become incorporated in, any other programs.

5.5 You will comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.

6. Acceptable use restrictions

6.1 You must not, and must not permit any other person to:

  6.1.1 use the App in any unlawful way or in breach of these App Terms, or act fraudulently or maliciously;

  6.1.2 infringe intellectual property rights in relation to the App, or by your use of it;

  6.1.3 use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons; and

  6.1.4 attempt to decipher any transmissions to or from the servers running any service.

7. Data protection

7.1 Any personal information you supply to us (and which we collect from you) when creating an Account or using the App will be used by us in accordance with our Privacy Policy.

8. Suspending and stopping your use of the app

8.1 We may suspend or end your use of the App at any time with or without informing you. We have no obligation to resume provision of the App or Services to you, or to re-activate your Account, if suspended or closed. If we permanently end your use of the App then: (a) the rights granted to you in these App Terms end, and (b) you must stop use of the App and remove it from your devices.

8.2 You may stop your use of the App at any time by removing the App from your device. Doing so will not automatically delete your Account, if you have one. You can ask us to close your Account by contacting us at EONDriveUK@eonenergy.com. . We will delete the Account information we hold about you after a period of inactivity on your Account, in accordance with our Privacy Policy.

 

9. Limitation of liability

9.1 The App has not been developed to meet your individual requirements, and it is your responsibility to ensure that the App meets your requirements.

9.2 We only supply the App for domestic/personal use. You may not use the App for commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment including your devices as a result of the installation or use of the App.

9.3 All information, content and materials displayed on the App is provided for information only. Accordingly, you agree that we are not liable to you for:

  9.3.1 any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the App (or any loss or damage you suffer as a result);

  9.3.2 third party sites linked to or accessed from the App (or your use of, or reliance on, those sites); or

  9.3.3 any dealings you have with third parties (including your providers) through the App.

Our responsibility 

9.4 We are not liable to you under or in connection with these App Terms for:

  9.4.1 any harm to you which is not a foreseeable result of our breaching any obligations in these App Terms;

  9.4.2 any damage you suffer that is outside our control;

  9.4.3 loss of business, revenue, profit, or savings that you expected to make.

9.5 Nothing in these App Terms limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud.

9.6 If for any reason we are found to be liable for any losses suffered by you in connection with these App Terms, our liability will be limited to £250.

Your responsibility

9.7 You agree to reimburse us for any losses we incur as a result of your breach of, or failure to comply with, these App Terms or if we suffer any losses as a result of your use of the App Terms.

10. Disclaimer

10.1 The App may contain links to third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You need to make your own judgement on any Third-party Sites, including the purchase and use of any products or services accessible through them.

10.2 To the maximum extent permitted by law, we disclaim all implied warranties with regard to the App. We do not warrant that the information, content or materials displayed on the App are accurate, sufficient or error-free, nor that the information on our system is, when accessed by you, up-to-date or complete. The App and software are provided "as is" and "as available" without warranty of any kind.

 

11 Complaints

11.1 If you have any complaints about the App please contact us by e-mail at EONDriveUK@eonenergy.com.

 

12. Other important terms

12.1 We may transfer our rights and obligations under these App Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.

12.2 If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing.

12.3 Each of the conditions of these App Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

12.4 Please note that these App Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

 

13. Definitions

Account means your E.ON Drive account registered for/accessed via the Website or App

App means the software application currently known as the E.ON Drive App which is available from the Google Store or Apple App Store

Charge Point means the physical units at which Electric Vehicles can be charged

Electric Vehicle means a motor vehicle that uses electricity to power or assist in the propulsion of the motor vehicle and where the vehicle battery may be charged by plugging the vehicle into a dedicated Charge Point

Privacy Policy means the E.ON Drive App Privacy Policy available at www.eonenergy.com/privacy

Services means any of the services set out in paragraph 3.1. Website means eondrive.co.uk/register

 

Our complaints procedure for E.ON Drive charge point users

1. Raising your concerns

If you're not happy about the service you've received then please get in touch:

  • By phone on 0333 202 4417, we're here 9.00am to 5.00pm Monday to Friday and standard call rates apply
  • By email at eondriveuk@eonenergy.com
  • By post at E.ON Drive Customer Service Team, PO Box 7750, Nottingham, NG1 6WR

2. What counts as a complaint?

A complaint is an expression of dissatisfaction made to E.ON relating to any of its products or services.

A complaint can relate to:

  • Any of our products and services
  • When someone feels they've been unreasonably impacted upon by our products or services
  • Where we haven't met the agreed standards

3. What we'll do next

1. If we're not able to deal with your complaint over the phone we'll send you an acknowledgement letter, no more than five business days after receiving your complaint. In the letter we'll confirm receipt of your complaint and let you know a date when we plan to resolve your complaint by.

2. We'll keep you updated on our progress.

3. When we've completed our investigation, we'll advise you of our final response. This will clearly set out the results of our investigation and the outcome of your complaint.

4. Still not satisfied?

Our aim is to give you a fair outcome within eight weeks. If you aren’t satisfied with the outcome or we haven’t provided a final response within eight
weeks, you can escalate your complaint to the Energy Ombudsman, to progress the complaint further. Their contact details are below.

The Energy Ombudsman is a scheme operated by the Ombudsman Services, set up to help resolve consumer disputes. They’ll carry out an impartial
review of your complaint. They’re independent and their service is free to you.

5. What the Energy Ombudsman can decide

If the Energy Ombudsman say we’re at fault, they may decide that we must offer you one of the following:

  • A service or some practical action that will benefit you
  • A financial award
  • An apology
  • An explanation

If your complaint is investigated and you accept the Energy Ombudsmen decision, we’re bound by this.

As a consumer you aren’t obliged to accept their decision and can still take your complaint elsewhere, (i.e. court).

6. Contact details for Ombudsman Services: Energy

You can contact the Ombudsman in the following ways:

  • by e-mail - osenquiries@os-energy.org
  • by phone - 0330 440 1624, standard call rates apply
  • by post - PO Box 966, Warrington, WA4 9DF
  • online via their website - www.os-energy.org