Terms and Conditions
BY DOWNLOADING THE HUBSTA APP YOU AGREE TO ALL OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.
PART A. General terms which apply to the use of the Hubsta App
1 Who we are and what these terms do
- Hubsta is an intelligent charging network back office mobile application supplied by Hubsta Limited a company registered in England under company number 11244092 of Unit 52 Derwentside Centre, Consett, County Durham, DH8 6BN and provides a smart charging network for public, private and domestic use by means of smartphone apps and website services.
- You can use the Hubsta App on iOS and Android devices to locate charging stations and start and stop charging processes for Your electric vehicles at selected charging stations as well as use the Hubsta App to pay for Your charging. The payment function of the Hubsta App, as well as the RFID Fob, operates only within the Hubsta network. Charging stations outside of the network require a separate contract between You and the corresponding operator or service provider of the charging station.
- These Terms regulate the relationship between the Licenced owner of Hubsta (being Hubsta Limited and the Hubsta App EV charging station user (hereinafter “You“) who is connected to the Hubsta App.
- How to contact us. You can contact us by telephoning our customer service team at 0191 406 6375 or by writing to us at firstname.lastname@example.org and postal address: Unit 52 Consett Business Park, Consett, County Durham, DH8 6BN.
- For the avoidance of doubt the term “You” refers to both legal and natural persons.
- In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
- “Identification number” means the unique number used to identify a customer.
“Partner Charging Station Operator” means Partner Charging Station Operators from the Hubsta network, as changed by Hubsta from time to time, wherein charging processes can be started using the Hubsta App and/or the RFID Fob.
“we” “our” “us” refers to the licensor of the Hubsta App to You being Hubsta Limited. (i) References to “these Terms” refer to all of the terms contained in this agreement, including Part A and Part B
3 Age restriction
You must be aged 18 or over to accept these Terms and buy the Hubsta App.
4 Licence to use the Hubsta App
(iii)By You registering, agreeing to and complying with these Terms, Hubsta Limited: a Private limited Company (Company Number: 11244092) whose registered address is: Unit 52 Consett Business Park, Consett, County Durham, DH8 6BN (“we“) license You to use Hubsta mobile application, (“Hubsta App“) and any updates or supplements to it as permitted under these Terms.
5 When these terms begin
The contractual term and therefore these Terms between Us and You shall come into force when:
- You have registered in the Hubsta App; and
- we have accepted Your registration.
- You may cancel Your Contract with us at any time by uninstalling the Hubsta App on Your mobile device.
7 Consumer Protection
All mandatory statutory consumer protection laws and regulations applicable in the country of Your residence apply, if and inasmuch as those laws and regulations provide You with a more extensive protection than the protection set out herein. These Terms shall not apply to the extent they limit Your rights as defined in such mandatory statutory consumer protection laws.
8 The Hubsta app includes:
- information via the Hubsta App or website including but not limited to the location of the charging stations of the Partner Charging Station Operators, and their availability; and
- the ability for You to charge electric vehicles at the Partner Charging Station Operators’ charging stations after authorisation through the Hubsta App.
Check that the Hubsta App and the services are suitable for You. The Hubsta App has not been developed to meet each customer’s individual requirements. You must check that the facilities and functions of the Hubsta App (as described on the app store site) meet Your requirements.
9 We are not responsible for events outside our control
If our provision of the Hubsta App availability is delayed, suspended or fails due to 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 to You for delays or failure to provide the App availability caused by such event.
10 Licence restrictions
You agree that You will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Hubsta App in any form, in whole or in part to any person without prior written consent from us;
- not copy the Hubsta App;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Hubsta App nor permit the Hubsta App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Hubsta App on devices as permitted in these Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Hubsta App nor attempt to do any such things.
You must not:
- use the Hubsta App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Hubsta App;
- infringe our intellectual property rights or those of any third party in relation to Your use of the Hubsta App including by the submission of any material (to the extent that such use is not licensed by these Terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Hubsta App; and
- use the Hubsta in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
Intellectual Property Rights
11 Intellectual property
All intellectual property rights in the Hubsta App throughout the world belong to us (or our licensors) and the rights in the Hubsta App are licensed (not sold) to You. You have no intellectual property rights in, or to, the Hubsta App other than the right to use them in accordance with these Terms.
12 Data Protection
- The Hubsta App, we and/or our commissioned service providers collect, process and use data pertaining to You for the implementation of the contractual relationship under these Terms pursuant to the provisions of the General Data Protection Regulation (2016/679) and other applicable national data protection legislation.
- Identification Numbers are sent to the Partner Charging Station Operator in order to activate the charging stations.
- We may use non-personal data collected in the provision of the Service in order to:
- improve the Service and its other products and services; and/or
- share statistical information with our cooperation partners.
13 Contractual amendments
- We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
- We will inform You through the Hubsta App of amendments to these Terms at least 45 days before such changes are planned to come into effect.
- If You do not agree to the changes in the terms and conditions, You may uninstall and stop using the App.
- Provided that our proposed change to these Terms is only to reflect certain new features, functions and updates to the Hubsta App, if You do not accept the notified changes You may continue to use the Hubsta App in accordance with the existing terms but certain new features may not be available to You.
14 Updates to the Hubsta App and changes to the service
- From time to time we may automatically update the Hubsta App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask You to update the Hubsta App for these reasons.
- If You choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the Hubsta App.
- If You are a consumer and we fail to comply with these Terms, we are responsible for loss or damage You suffer that is a foreseeable result of our breaking these Terms 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 You accepted these Terms, both we and You knew it might happen.
- 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 or for fraud or fraudulent misrepresentation.
- If You use the Hubsta App for any commercial, business or resale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We shall not be responsible for, and thus, shall have no liability hereunder in respect of:
- the continuous availability and operability of:
- the Hubsta App and website; and
- the charging stations of the Partner Charging Station Operators;
- the suspension of the Hubsta App availability for reasons which ultimately prove to be incorrect, but, we had, at the time of suspension, reason to believe that there were grounds for suspension; and/or
- the consequences of Your mobile phone being lost or stolen and misused by another person.
- if you use the Hubsta App for any commercial, business or resale purposes we will have no liability to You for any loss of profit or revenue, loss of business, business interruption or loss of business opportunity.
- the continuous availability and operability of:
16 Consequences of termination for Your breach
If we terminate our relationship with You under these Terms or otherwise end Your rights to use the Hubsta App and the Services:
- You must delete or remove the Hubsta App from Your mobile device; and
- We may remotely access Your devices and remove the Hubsta App from them and cease providing You with access to the Services.
17 Our transfer of these terms
We may transfer our rights and obligations under these Terms to another organisation.
18 Consent required before You may transfer
These Terms provide You personally with the right to use the Hubsta App. You may not transfer the Hubsta App to someone else, whether for money, for anything else or for free. If You sell any device on which the Hubsta App is installed, You must remove the Hubsta App from it. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and our agreement with You.
PART A: Terms relating specifically to use of the Hubsta App
1 Complaints and feedback
We always welcome feedback from our customers and whilst we always use reasonable endeavours to ensure that Your experience as a customer of ours is a positive one, we nevertheless want to hear from You if you have any cause for complaint.
All complaints are handled in accordance with our complaints handling policy and procedure, available from email@example.com
If you wish to complain about any aspect of Your dealings with us, including, but not limited to, these Terms or the Services, please contact us in one of the following ways:
- By email, addressed to Managing Director, firstname.lastname@example.org.
- Using our complaints form, following the instructions included with the form; or
- By contacting us by telephone on 0191 4066375
If You think the Hubsta App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com or call them on +44 (0)191 406 6375.
If we have to contact You we will do so by email or by SMS, using the contact details You have provided to us.
2 How You may use the app, including how many devices You may use it on
In return for You agreeing to comply with these Terms You may:
- download a copy of the Hubsta App onto Your mobile device and view, use and display the Hubsta App on such devices for Your personal purposes only and/or
- receive and use any free supplementary software code or update of the Hubsta App incorporating “patches” and corrections of errors as we may provide to You.
3 Your obligations for logging in
You shall upon registering provide Your email address and a chosen password for logging into Your Hubsta account. You are responsible for keeping the password secure, for not writing the password down so that third parties can understand what it is used for, and for not using the password in any other way that allows others to gain access to the information.
4 If someone else owns the phone or device You are using
If You download or stream the Hubsta App onto any phone or other device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not You own the phone or other device.
5 We are not responsible for other websites You link to
The Hubsta App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make You own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
PART B: Terms relating to You use of the services provided by the Hubsta App
1 Prices for electric vehicle charging
All applicable prices for the charging services are set out inclusive of VAT and shall be indicated to You on the Hubsta App and/or website before the start of the electric vehicle charging process.
If the charging prices(s) indicated on the Hubsta App and/or website does not correspond to the price shown at the charging station itself, then the price indicated on the Hubsta App and/or website shall apply for You.
You acknowledge that the total applicable price payable for a charging process is not automatically provided at the time when You initiate a charging process. Our prices may change at any time but these changes will nor affect orders that We have already accepted.
2 Your services obligations
It is Your responsibility to ensure that:
- charging begins and is completed correctly; and
- the charging station is suitable for Your vehicle to be charged.
- You must not use charging stations that show an error message or visible defects or damage and we will not be held responsible or liable for any losses or damage caused by You breaching this obligation.
- It is Your responsibility to ensure that the registered account linked to the payment card it uses to make relevant payments has a sufficient balance and is not blocked.
- In the event that debiting is not possible, we have the right to seek payment from You by other means.
- It is Your responsibility to ensure that Your payment information on Your Hubsta account is up-to-date and valid at the time of attempting to purchase a charging process. Failure to do so can result in us closing Your account and terminating these Terms with You.
- You are responsible for complying with the specific parking restrictions and regulations at the relevant charging station (such as, for example, the written instructions shown at the charging station or the instructions given by the personnel of the Partner Charging Station Operators).
3 Operation & use of EV charging facilities
Subject to these Terms, You may start a charging process at electric vehicle charging stations run by Hubsta using the Hubsta App. The charging station will then be activated, provided that such charging station is functional.
As we use various Partner Charging Station Operators who are responsible for ensuring the operation and maintenance of their charging stations and providing accurate information in respect of their charging stations we cannot guarantee (and will not be responsible for the functionality or availability of the charging stations or the accuracy of such information. We will, however, act with due care in compiling and showing the relevant information through the Hubsta App and website.
The payment function of the Hubsta App operates only within the Hubsta network.
You agree that You will be responsible for, and shall ensure that:
- You follow the relevant instructions of the Hubsta App and any other relevant instructions provided by the relevant Partner Charging Station Operator in order to use the charging Services in a responsible way, with reasonable care and to avoid any unnecessary nuisance, disruption or damage to the Partner Charging Station Operator, the charging station, the other visitors to nearby charging stations and the operators of the charging bay; and
- the electric vehicle that is charged at a charging station; and the tools to be provided by You (including, by way of example, any power converters, adapters or cables), shall be fit for their purpose, compatible for the connection with the charging station and satisfy all applicable legal provisions at the relevant times. We will not be responsible or liable in the event where damage, defect, or loss is caused by a defect in the electric vehicle and/or the used tools.
4 Your liability for unauthorised use of the service
You must immediately notify us if You believe that Your account has been used by an unauthorised person or in an unauthorised manner.
In the event of the loss of the mobile phone of You which has the Hubsta App on it, You shall immediately notify us by email (firstname.lastname@example.org). If You do not give notification of the loss or theft of the mobile phone, You shall be responsible for any reported purchase transactions in full.