PART 1 – INTRODUCTION
1 What these terms cover
1 These are the terms and conditions (Terms) which cover the supply of our Services to you in the United Kingdom via our App.
1.2 In these Terms:
(a) references to our App means our mobile software application, the ‘Egg’ app, and our web based platform; and
(b) references to our Services means the services that we provide to you on these terms and which are accessed via our App, which shall include (i) electric vehicle charging at charge points owned and/or operated by us (EV Charging Services) and (ii) all features and functionalities associated with Egg's platform for electric car drivers accessed via the App which enables users to locate charge points to start and pay for charging sessions (App Services).
1.3 These Terms apply to all users of our Services and App. These Terms are split into 5 parts, as follows:
(a) Part 1 – Introduction: This Part contains information about these Terms, who we are and how to contact us.
(b) Part 2 – EV Charging Terms of Service: This Part contains information about the terms which apply to your use of the Services we provide to you.
(c) Part 3 – App Terms of Use: This Part contains information about the terms which apply to your use of our App.
(d) Part 4 – Account Holder Terms: If you decide to register for an account with us in our App, then the terms in this Part will apply to your use of your account.
(e) Part 5 – General: This Part contains information about other legal terms which apply to your contract with us.
2 Why you should read these Terms
2.1 Please read these Terms carefully before you use our Services or App and before you register for an account with us.
2.2 These Terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
3 Information about us and how to contact us
3.1 Who we are
We are PHOENIX RENEWABLES LIMITED, trading as ‘Egg’, a company registered in England and Wales. Our company registration number is 7477370 and our registered office is at Griffin House, 161 Hammersmith Road, London, United Kingdom, W6 8BS. Our registered VAT number is GB 109 6957 79.
3.2 How to contact us
You can contact us by:
(a) telephoning our customer service team at 0113 815 5366;
(b) by sending us an email at home@crackingenergy.com; or
(c) by sending us an enquiry via the App ‘Contact Us’ function,
together, these are our Contact Details.
4 Are you a business customer or a consumer?
4.1 In some circumstances you will have different rights under these Terms depending on whether you are a business customer or consumer.
4.2 You are a consumer if:
(a) You are an individual.
(b) You are making use of our Services for your personal use (not for use in connection with your trade, business, craft or profession).
(c) The vehicle you are using our Services for is your personal vehicle and does not belong to your employer or is not otherwise used by you in connection with your trade, business, craft or profession).
4.3 Provisions specific to consumers only or business customers are outlined specifically in the applicable clauses of these Terms.
5 If you are a business customer this is our entire agreement with you
If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
6 Our contract with you
6.1 A contract between you and us will form when you download our App, register an account with us, and in respect of each transaction when you purchase Services from us. Our contract with you shall incorporate and be subject to these Terms.
6.2 By proceeding to use download our App, register an account or receive Services from us, you agree to be bound by these Terms.
6.3 If you do not agree to these Terms then you should not proceed to use App or Services.
PART 2 – EV CHARGING TERMS OF SERVICE
1 Our EV Charging Services
1.1 We will provide you with our EV Charging services to enable you to recharge your electric vehicle using the charging stations which we own and / or operate (Egg Charge Points) across our EV charging network (the Network).
1.2 A map of our Egg Charge Points where we provide our EV Charging Services to you can be viewed on via our App. We will provide you with the ability to search for our Egg Charge Points using the App. Egg Charge Points will show as ‘provided by Egg’ in the App.
1.3 When you make an order for the charging of an electric vehicle through the App, where the Egg operates but does not own the Egg Charge Point, Egg acts as an agent on behalf of the owner to conclude your order and to manage your experience throughout the order process. Receipt by Egg of an amount payable by you to the owner shall discharge your payment obligation towards the owner.
1.4 When you make an order to charge an electric vehicle through the App at a charge point that is not part of Egg’s Network (a Roaming Charge Point), our roaming partner (Monta Technologies) is acting as the e-mobility provider (EMP), and the sale of electricity is concluded directly between you and Monta Technologies.
2 Charging your vehicle at our Egg Charge Points
2.1 Whenever you charge your vehicle at one of our Egg Charge Points, such charging must be carried out in accordance with these Terms.
2.2 When charging your vehicle at our Egg Charge Points you acknowledge and agree that;
(a) you will comply with all signage, safety and instructions displayed at the Egg Charge Points and/or contained in the App when using the EV Charging Services;
(b) where you select a fast charge option, and no charging cable is provided for connecting your vehicle to the Egg Charge Point, you must ensure that you only use charging cable of a standard and quality no less than that recommended by the manufacturer of your vehicle and you will not use any cable which are damaged, faulty or otherwise modified in any way;
(c) where a charging cable is made available to you at the Egg Charge Point for connecting your vehicle to the Egg Charge Point, you must use this charging cable in accordance with the instructions set out at the Egg Charge Point, and you must leave the charging cable at the Egg Charge Point when you depart.
(d) it is your responsibility to ensure that a rapid charge and charging cable are appropriate for your vehicle;
(e) you will be responsible for ensuring that the battery in your vehicle is compatible with using the Egg Charge Points to charge your vehicle. You will ensure that the battery in your vehicle is of a standard and quality no less than that recommended by the manufacturer of your vehicle and you will not connect your vehicle to the Egg Charge Points should the battery be damaged, faulty or otherwise modified in any way;
(f) you are responsible for disconnecting your charging cable from our Egg Charge Points correctly once you have finished charging your vehicle;
(g) you will leave the Egg Charge Point promptly once your vehicle has finished charging; and
(h) you will immediately report any issues encountered at the Egg Charge Point when using the charging service to us via our Contact Details.
2.3 We reserve the right to take action against you in the event that any breach by you of your obligations in clause 2.2 above results in any damage to the Egg Charge Point or our Network or us suffering any loss.
3 Payment for charging your vehicle at our Egg Charge Points
3.1 Our EV Charging Services allow you to charge your vehicle at one of our Egg Charge Points. Unless you select to use contactless payments in accordance with clause 6 below, or you are a business or commercial user with a corporate account as referred to in clause 3.2(d) below, in order to use our Services, you must:
(a) select your Egg Charge Point via our App
(b) expressly agree to these Terms
(c) provide us with valid payment details; and
(d) permit us to take a holding payment.
3.2 You can pay to charge your vehicle at our Egg Charge Points:
(a) as a Guest User which allows you to make a payment by using a credit or debit card or accepted mobile payment service through the App or to select the option to open an account with us; or
(b) as an Account Holder which allows you to make payment using either an authorised debit or credit card or accepted mobile payment services which has already been registered to your account or funds in your Virtual Wallet through the App; or
(c) where available at your chosen Egg Charge Point, using contactless payments in accordance with clause 6 below; or
(d) where you are a commercial or business customer and your employer has separately agreed account payment terms with us, you may have access to an RFID token linked to your employer’s account and/or be able to access your employer’s Virtual Wallet in the App in order to pay for
EV Charging Services.
3.3 We reserve the right to refuse to authorise a charging session at any Egg Charge Point should any of the following apply;
(a) we reasonably suspect fraud or illegal activity;
(b) your payment card has been reported as lost or stolen;
(c) we reasonably consider this is necessary to protect the security of your account;
(d) we cannot reasonably meet you request;
(e) you do not pay us any payment owed to us in full by the date it is due; or
(f) that in providing our EV Charging Services to you this would cause us to break any law, regulation, code or other duty which applies to us.
3.4 You are entitled to cancel your request to use our EV Charging Services up until you connect your charging cable or your electric vehicle to the Egg Charge Point, after which point you will be required to pay for the electricity used and any other fees incurred as a result of connecting to the Egg Charge Point.
4 Price
4.1 The price of the EV Charging Service is calculated based on:
(a) the amount of electricity consumed (charged on the basis of either kilowatt-hours of electricity consumed and/or the amount of time that your electric vehicle was connected to an Egg Charge Point); and
(b) the location of the Egg Charge Point (including any idle or other fees that may apply).
4.2 The current prices for using each of our Egg Charge Points can be found in the App and all prices are inclusive of VAT. Prices can change from time to time and will vary dependent on Egg Charge Point. You acknowledge that the final and payable price of the EV Charging Service is directly dependent on use, for example on the amount of consumed energy, and is therefore not always automatically provided before the start of the charging process.
4.3 Unless clearly stated to the contrary in the App in relation to a particular Egg Charge Point, any parking fees due at that Egg Charge Point location are not included in the price of the EV Charging Services and it is your responsibility to ensure that any parking fees payable at that Egg Charge Point location are paid.
5 Card Payments via the App
5.1 When paying for EV Charging Services via the App you can either pay by credit or debit card or by using funds deposited in your Virtual Wallet (which is dealt with in Part 4 of these Terms below).
5.2 Where you pay by credit or debit card, we will process your card details, including those entered into the App solely for the purpose of sharing these details with our third party payment provider.
5.3 Your debit or credit card details are not saved by us and we do not store them in our own database. Your payment details are processed and stored only by certified service providers. The IT platform that we use to provide the Services only saves tokens, which are used for communication between the payment services provider and Egg. All payment information is secured with cryptographic protocols when sent over the internet so the information cannot be read in transit by a third party. Where you are an Account Holder and have registered a card with us, your card details are stored and processed by our third party payment services provider.
5.4 In order to verify that your credit card or your bank account (for debit cards) has sufficient funds to make payment for the charging session, when you provide and verify your credit or debit card on our App, our third party payment services provider will take a pre-authorisation holding payment on your card or your bank account until the price for your charge has been calculated and your payment has been settled.
5.5 If a pre-authorisation holding payment cannot be taken for any reason, for example, if the relevant account does not have the funds necessary for the pre-authorisation holding payment, you will not be able to proceed with the purchase of electricity for your electric vehicle at the Egg Charge Point unless you select another payment option.
5.6 Once your charging session has ended, the pre-authorisation holding payment will be adjusted to reflect the total cost of the purchased electricity. Where your finalised payment for the EV Charging Service is more than the pre-authorisation holding payment, your bank or credit card provider will refund the pre-authorisation holding payment in full and take payment of the finalised payment amount. Where your finalised payment for the EV Charging Service is less than the pre-authorisation holding amount, your bank or credit card provider should release the remainder of the pre-authorisation holding payment promptly following the purchase of electricity, although this could take 2-3 business days. Please contact your bank or credit card provider if you have any questions regarding this.
5.7 All credit/debit card payments are subject to authorisation by your credit/debit card issuer.
6 Contactless Payments
6.1 When we refer to a contactless payment, we are referring to a payment made using a debit card, credit card, prepaid card, charge card, smart phone, smart watch or other card or device that is used to transmit contactless payment information to or from a payment account (such as a credit card account, current account, electric money account or digital wallet).
6.2 Where we offer contactless payments and you decide to use this payment method to pay for the EV Charging Services, you agree that it is your responsibility to check the tariff for the EV Charging Services at the Egg Charge Point before you begin charging your electric vehicle.
6.3 To use a contactless payment card or device, you must touch it on the card reader at the selected Egg Charge Point at the start and end of each time you use our electric vehicle charging service. To pay the correct amount for the charge, you must always touch in and out using the same contactless payment card or device.
6.4 When you touch your contactless payment card on a card reader on the Egg Charge Point, you are giving authorisation for the cost of your use of our EV Charging Services to be charged to your payment account.
6.5 After you have finished charging your electric vehicle you will be charged for using the EV Charging Services. The amount charged to your payment account will be calculated based on the amount of electricity you have used and the applicable tariff for the Egg Charge Point and EV Charging Service you have used.
7 If there is a problem with our EV Charging Services
7.1 If you encounter any defects or difficulties in relation to our EV Charging Services or Egg Charge Points you should contact us at the number shown on the Egg Charge Point as soon as possible in order for us to have a reasonable opportunity of examine and repair or fix such defects.
7.2 If you encounter any defects or difficulties in relation to a Roaming Charge Point, you should contact the operator of the Roaming Charge Point using the contact details provided on the Roaming Charge Point.
7.3 If you have any questions about this or our Services generally, please contact us using our Contact Details.
8 Our liability to you
8.1 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the EV Charging Services.
8.2 Except for any legal responsibilities that we cannot exclude in law, we will not be legally responsible for any loss or damage you suffer, including any damage arising from:
(a) your charging cable becoming damaged when connecting and/or disconnecting from the Egg Charge Point;
(b) any damage to your vehicle as a result of any incompatibility between your vehicle and the charging cable made available for rapid charge at an Egg Charge Point;
(c) any damage to your vehicle’s battery as a result of connecting and/or disconnecting to an Egg Charge Point;
(d) any software failure resulting in an Egg Charge Point stopping and starting and the charging from being interrupted at the Egg Charge Point;
(e) any loss of access or suspension to the EV Charging Services;
(f) any damage to your vehicle as a result of parking next to an Egg Charge Point;
(g) any damage to your vehicle as a result of using the EV Charging Services;
(h) any parking charge incurred by you as result of failing to correct park at an Egg Charge Point; and
(i) any inconvenience caused by any failure of the EV Charging Services or any inability to charge your vehicle due to availability of any Egg Charge Point.
8.3 If we fail in providing EV Charging Services which comply with these Terms, we will be responsible for loss or damage you may suffer which is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
8.4 We are not liable for business losses, including, but not limited to, the losses set out in clause 8.5 below. If you are a consumer, we only supply the products for to you for domestic and private use.
8.5 In the event that you use our EV Charging Services for commercial or business purposes then in addition to the above we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any business interruption loss of profit, sales or revenue, loss of goodwill reputation or opportunity or loss of anticipated savings, or any indirect or consequential loss arising under or in connection with any contract between us.
PART 3 – APP TERMS OF USE
1 Our App
1.1 Our App is made available free of charge for users in the United Kingdom aged 18 and over only.
1.2 In order to use the App, you must have a smart device using the current standard iOS and android versions. The terms of use imposed by the app store from which you downloaded the App may also apply to your use of the App.
1.3 We do not guarantee that our App, or any content on our App, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
1.4 If you require any support when using our App, please contact us using the Contact Details.
2 Licence restrictions
2.1 We (or our licensor) are the owner of all intellectual property rights in our App, and in the material published on it, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2 You acknowledge and agree that you have no right to obtain a copy of the software behind any of the App Services and that Egg and/or its licensor has sole discretion to make updates, bug fixes, modifications or improvements to the App and/or App Services from time to time. Egg and its licensors reserve the right to change or remove features of the App and/or App Services from time to time.
2.3 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors, except where you are a business customer and subject to the Terms.
2.4 You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the App Services in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or App Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and App Services on devices as permitted in these terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or App Services nor attempt to do any such things; and
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any App Service.
3 Non-Reliance & Suitability
3.1 The content on App (other than price information) is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on App, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
3.2 The App and App Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and App Services (as described on the app store site) meet your requirements.
4 Third Party Links
Where our App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them and we have no control over or liability for the contents of those sites or resources.
5 Acceptable Use
5.1 You may not use our App:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent or malicious or has any unlawful or fraudulent or malicious purpose or effect;
(c) to bully, insult, intimidate or humiliate any person;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; or
(g) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
(h) collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5.2 You must not
(a) misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; or
(b) attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App.
5.3 In the event of a breach, your right to use our App will cease immediately.
5.4 You are responsible for configuring your information technology, computer programmes and platform to access our App. We do not guarantee that our App will be secure or free from bugs or viruses. You should use your own virus protection software.
6 Our responsibility for loss or damage suffered by you
6.1 If you are a consumer:
(a) you agree not to use our App 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; and
(b)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. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
6.2 If you are a business customer, we:
(a) exclude all implied conditions, warranties, representations or other terms that may apply to our App or any content on it; and
(b) 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:
(i) use of, or inability to use, our App; or
(ii) use of or reliance on any content displayed on our App.
6.3 Clause 8 of Part 2 shall equally apply to the extent applicable.
9 Cookies
The App uses cookies. Cookies are text files placed on your device to collect standard Internet log information and visitor behaviour information. For more information about how we use them please see our Privacy statement here Privacy Policy | Egg - Cracking Energy
1 Registering an account with us via the Website or App
1.1 If you choose to register an account with us, this will enable you to:
(a) store your card details for swifter payment processing when you charge at an Egg Charge Point;
(b) keep a record of your recent charging sessions using the App;
(c) receive a payment confirmation for your recent charging sessions; and
(d) unless you unsubscribe from marketing, receive notifications regarding news and services that we think may be of interest to you (for example, information about new Egg Charge Points or Services).
2 Your responsibility for your Account
2.1 If you sign up for an account with us, we will ask for your information to arrange for this such as your name, email address and payment details. You must provide accurate and complete information and keep this up to date in your account.
2.2 When using the App as an Account Holder, you are responsible for ensuring that:
(a) you are the only person who uses the App installed on your mobile device – you must not authorise anyone else to use the App installed on your mobile device;
(b) your account password and passcode (if applicable) are kept secure – for example, you must not tell anyone else your password or passcode and your password or passcode must not be kept as a written or electronic record with or on your mobile device; and
(c) you are able to access any emails and communications that we correctly send to you using the details that you provide to us. It may be necessary for you to check your email “junk mail” folders and/or make changes to your email filter settings to ensure that our emails are received directly into your email inbox folder.
2.3 We are under no obligation to check that any instruction or confirmation made by the Account Holder through the App is from you.
2.4 You must notify us immediately using our Contact Details if the security of your mobile device and/or your account information is compromised due to:
(a) your mobile device being lost or stolen;
(b) your account password and/or passcode (if applicable) becoming or likely to become known by another person; and/or
(c) unauthorised access to your mobile device and/or your account.
2.5 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.
3 Termination and/or Suspension
3.1 Where you have created an account with us these Terms have no fixed term. This means our contract with you will continue until you or we decide to cancel your account.
3.2 If you have broken these Terms we may take steps including:
(a) contacting you to notify you;
(b) immediately suspending your access to your account;
(c) taking legal action against you; and/or
(d) disclosing information to law enforcement or regulatory authorities as necessary for us to comply with our statutory or regulatory obligations.
3.3 We may also immediately suspend or end your access to your account and/or the App, and if necessary terminate these Terms, if we reasonably believe that you have infringed any intellectual property in connection with the App, there is a security risk to our network or systems, or you are in breach these Terms.
3.4 You can delete the App from your mobile device at any time. Please note that deleting the App will not close your account or delete your account data. In order to cancel your account and permanently delete your account data, you must request cancellation of your account and permanent deletion by contacting us using the Contact Details.
4 Virtual Wallet
4.1 Where you register for an account with us, you will have the option of loading funds into your Virtual Wallet to use for paying for charging sessions via the App. If your employer has an agreement with us, you may also be able to access your employer’s Virtual Wallet.
4.2 The wallet is a virtual payment method which can be used to pay for charging services by means of funds placed in your personal Egg account directly by use of the App or by use of a charge key connected to your account (Virtual Wallet). The Virtual Wallet can be loaded by means of a credit or debit card, or other accepted payment methods.
4.3 You can either credit money to your Virtual Wallet manually or set up an automatic top-up when the balance goes below a certain amount. You can withdraw the balance from your Virtual Wallet at any time into your designated account. You will not be charged any fees for the credit or withdrawal process.
4.4 If your Virtual Wallet has insufficient funds for the estimated price of the charge, you will be asked to ensure sufficient balance is available in your Virtual Wallet prior to authorization or to choose an alternative payment method. Before giving confirmation to initiate the charge in the App, you will be asked to enter your personal security 4-digit code. Once the charging session is completed, the amount corresponding to the charge price will be debited from the funds in your Virtual Wallet immediately.
4.5 You may not place funds in the Virtual Wallet in excess of £210. Each transfer to top up your Wallet is capped at £130. A deposit request in excess of this amount will be rejected.
4.6 Funds in your Virtual Wallet may be used only to pay for charging services or products in the App. In the event of a negative balance, you will be required to immediately deposit funds to bring the balance back to at least zero. We may suspend access to your Virtual Wallet in the event of a negative balance which has not been credited with sufficient funds after a written notice.
4.7 You are required to use or withdraw funds placed in your Virtual Wallet within 5 years from the top-up date. We will send a reminder prior to the expiration date. Funds that are unused after the 5-year period will be lost.
4.8 You should regularly review the transactions made using your Virtual Wallet to make sure they correspond to their actual charging and notify Egg as soon as possible in the event of any incorrect records. You are liable for any payments made using you Virtual Wallet.
1 How we use your personal information
1.1 When you use our Services, we will process your personal information. Our Privacy Policy sets out the ways in which we will collect, store and process data relating to your use of our Services (including the App) and includes details of your rights to access, correct and erase of any of your personal information that we hold. Please find a link to our Privacy Policy here Privacy Policy | Egg - Cracking Energy.
1.2 If you have any queries in relation to how your personal information is processed please send an email containing your query to privacy@crackingenergy.com.
2 Intellectual Property Rights
2.1 All Intellectual Property Rights (IPR) in or arising out of or in connection with the Services, or the App shall be owned by us.
2.2 We grant to you a revocable right to use the IPR for your personal and non-commercial use in accordance with these Terms. You shall not sub-license, assign or otherwise transfer the rights granted to you under these Terms.
2.3 For the avoidance of doubt no title or any IPR are transferred to you under these Terms.
3 Changes to these Terms
3.1 We may update and change our App from time to time to reflect changes to our Services, changes to our business, or changes to operating requirements. We will notify you of any material changes to our Services or App by publishing an updated version of these Terms on the App and on our website https://crackingenergy.com.
3.2 We will try to give you reasonable notice of any major changes to these Terms. Please check the terms published in the App and the Egg website periodically for any changes.
3.3 We may change our Services for various reasons including but not limited to the following;
(a) to reflect changes in relevant laws and regulatory requirements applicable to our Services; and
(b) to implement relevant technical adjustments and improvements to the functionality of the App for enhanced for an enhanced user experience.
3.4 Your continued use of our Services and App confirm your acceptance of any updates to these Terms.
3.5 Should you want to end your contract with us due to changes to these Terms you can do this by contacting us using our Contact Details.
4 Your rights as a consumer
4.1 If you are a consumer, you have legal rights under consumer protection laws. We are under a legal duty to supply our Services which confirm to these Terms and must ensure that:
(a) the Services are carried out with reasonable skill and care;
(b) where we have not agreed a price for our Services beforehand, you must be asked to pay a reasonable price for these Services; and
(c) if we haven’t agreed a time for Services to be delivered to you beforehand, the Services must be carried out within a reasonable time.
4.2 If we do not provide the Services to you as outlined above you may have the right to ask us to repeat or fix the Services, for a reduction in the price of the Services or for a refund.
5 Events outside our control
5.1 If we are unable to meet our obligations under these Terms due to unforeseen circumstances outside of our control such as a failure of an Egg Charge Point (such as being due to failure of electricity being supplied to the Egg Charge Point or any failure caused by third parties we engage to assist in providing the EV Charging Services), we will not be responsible for any losses and costs caused to you. Where such an event affects our ability to provide our EV Charging Services to you, we will restart the EV Charging Services as soon as practicable after the event is over.
5.2 If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
6 We may transfer this agreement to someone else.
6.1 You agree that we may transfer our rights and obligations under these Terms to another organisation. We will always notify you if this happens and we will ensure that the transfer will not affect your rights under these Terms.
6.2 You may only transfer your rights or your obligations under these Terms with our prior written agreement. We may not agree if the proposed transfer affects our rights and obligations under these Terms.
7 No rights for third parties
These Terms form a contract between you and us and these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for third parties to enforce any of these Terms.
8 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
10 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
11 Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.