Pod Point Installer App Terms of Use

These terms were updated on 1st March 2024.

These terms and conditions govern your use of Pod Point Limited’s installer app (as may be updated from time to time) to be used by installers of Pod Point electric vehicle chargers to install and commission (hereafter called the ‘Installer App’)

You should read these terms and conditions carefully before you accept them, along with our Privacy Notice which sets out the ways in which we may collect, store and process data (including for marketing purposes) relating to your use of our Installer App and covers your rights to access and request correction of any of your personal information that we hold.

Who we are and how to contact us

We are Pod Point Limited and the Installer App is accessible via our website or via the relevant app store on your mobile device (namely Apple’s App Store or Google Play App Store).

This section details the terms and conditions which you are agreeing to by signing up to and using our Installer App.

We are registered in England and Wales under company number 06851754 and have our registered office at 222 Grays Inn Road, London, WC1X 8HB. Our VAT number is 278743455.

We are a limited operating company and a wholly owned subsidiary of Pod Point Group Holdings PLC.

To contact us you can:

• Visit our Help Centre and raise a support enquiry

• Phone us on (+44) 0207 247 4114

• Send a letter to: Pod Point Limited, 222 Grays Inn Road, London, WC1X 8HB.

How we will contact you

We will send you any agreements, statements and other notices using the Installer App, email, or phone. If any of your contact details change you should let us know as soon as possible.

Joining

There is no cost to download the Installer App, which you can access by downloading, registering for an account and confirming your acceptance of these terms and conditions. Upon the successful registration of your account, a contract will come into existence between you and us.

Use of the Installer App will require you to download the Installer App on mobile phone or other appropriate mobile device operating the required operating system (as specified in the relevant app stores).

As users of our Installer App, you agree to use the Installer App and/or undertake the installation of Pod Point chargers safely and with reasonable skill and care. In using the Installer App, you warrant that you have and maintain all the reasonably expected professional qualifications and expertise applicable to use of the Installer App and to the installation of all relevant chargers within the jurisdiction in which you operate (including where relevant those described in Pod Point's relevant installer guide, which is available on our website or on https://pod-point.com/technical/installation).

Using the Installer App

In using the Installer App, you agree to:

• create an Installer App account in accordance with these terms and conditions, using your genuine personal information details (we may need to contact you about from time to time). Installer App accounts are individual to you and you should only use your own Installer App account;

• login as directed by the Installer App (recognising that any login to the Installer App will require access to the internet);

• establish a Wi-fi connection between your relevant mobile device and the charger you are installing (using the QR code provided as part of the Pod Point charger which you are installing);

• hand over the relevant QR code to the relevant customer as part of handover of documentation provided to the customer;

• validate and input the relevant settings applicable to each customer and their charger into the Installer App (in accordance with relevant professional installer standards & Pod Point’s relevant installer guide, available on our website or on https://pod-point.com/technical/installation);

• As directed by the Installer App, take and submit in the Installer App photos of and other information relating to the installation of each relevant charger; and

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Installer App s nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Installer App to obtain the information necessary to create an independent program that can be operated with the Installer App or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:

• is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the Installer App;
• is kept secure; and
• is used only for the Permitted Objective;
• Complies with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Installer App.

How our pricing works

Use of the Installer App is free of charge, however we can make changes from time to time in respect of charging and will give you reasonable notice of any proposed changes.

Cancellation

After you have registered to use the Installer App, you have a right to cancel this contract at any time.

To cancel the contract please either delete your account from within your Installer App or contact us at any time through our contact form stating that you would like to cancel your Installer App account. You can also use the model cancellation form available below or you can go through the “Account” page in the Installer App.

If you cancel this contract, the contract will end and we will close your Installer App account.

Closing your account

You can close your Installer App account with us at any time through our contact form stating that you would like to close your Installer App account. You can also use the model cancellation form available below or you can go through the “Account” page in the Installer App.

We reserve the right to close your account if you behave in any way that is not in accordance with these terms or applicable law in relation to the use of our chargers.

On closing your account, we will delete your data in accordance with our data retention policy. However, we may be required to retain some of your information to comply with legal requirements and financial regulations. Please see our Privacy Notice for further information about how we retain your information.

Installer App service issues

We will use reasonable care and skill to keep our Installer App well maintained and functioning properly where we can.

Although problems are rare, from time to time they do happen. Service can be interrupted for a number of reasons. We try to resolve issues on our Installer App as soon as possible after becoming aware of them.

Where you have an issue, or become aware of an issue with the Installer App we would ask that you inform us, so we can consider the best course of action to resolve that issue.

Accuracy of content

We will use reasonable care and skill in the preparation and ongoing running of our Installer App. However, we do not guarantee that information contained on our website and Installer App and other locations relating to our network is correct or up-to-date.

If you do see any information which is inaccurate or out of date, please let us know so we can update our map and help other users of the network.

Limitation of Liability

We provide our Installer App and our website and Installer App to you “as is” and it is your responsibility to use all of these services in an appropriate way and in accordance with applicable law. We take no responsibility for the quality, workmanship or standards to which you install any charger whilst using the Installer App.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a direct and foreseeable result of our breaking this contract or our failing to use reasonable care and skill in our provision of the services.

We are not responsible to you for the following:

• Any loss or damage that was not reasonably foreseeable to you and us when these terms were entered into;

• Any loss or damage that was not caused by any breach of duty or negligence on our part, including any loss or damage caused by:

• Something beyond our control; or

• Your failure to follow our instructions in relation to your use of a the Installer App and/or the installation of any charger;

• Any business losses or any loss of income, goodwill, opportunity, anticipated savings or profits, loss of property or loss of use of property, and any loss or damage that is not a direct result of our breach, whether foreseeable or otherwise;

• Third-party damage to vehicles or chargepoints or any other third-party property caused by you whilst using our Installer App and/or installing our chargers;

• Any out-of-date or incorrect information displayed on our Installer App, or website;

• Suspension or loss of access to our Installer App or website or to any functionality due to restrictions to your device or due to circumstances outside our control (such as network availability); and

• Unauthorised use or misuse of your account for any reason for which we are not responsible, provided we have at all times complied with our obligations to keep your account safe and secure.

Nothing in these terms and conditions excludes or limits our responsibility for death or personal injury caused by our negligence (including our agents and subcontractors), fraud or fraudulent misrepresentation, or for our breach of any of your legal rights you have as a consumer (including the right for the services to be provided with reasonable care and skill).

You will be responsible to us for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against us by any other person as a result of your use of our Installer App.

This limitation on liability clause will continue to apply after these terms have expired or have been terminated.

Complaints

If you are unhappy with us, or services we have provided to you, please contact us at the details provided above. We will deal with your complaint in accordance with our Complaints Handling Policy which can be viewed here.

Changes to our terms and conditions

We can make changes from time to time to our terms. We can make changes which are beneficial or do not have an adverse impact on you, for any reason. We can also make proportionate changes for one more of the following reasons:

• To reflect updates to functionality, security, options or services available on our Installer App or by using our mobile website;

• To reflect changes to any requirements of the hosts and owners of our Pod Point chargers and the electricity network operators and their conditions;

• To reflect changes to third-party terms and conditions that apply to us or our website or Installer App;

• To reflect changes in any relevant laws or regulations or industry codes of practice.

If we make changes that are clearly in your favour, or if they are not likely to have an adverse effect on our Installer App, we will tell you once we have made them by publishing the changes on our website or in the Installer App. Otherwise, we will give you reasonable notice of the changes in the most secure way, using one of our usual channels.

Intellectual Property

All intellectual property rights in the Installer App throughout the world belong to us (or our licensors) and the rights in the Installer App are licensed (not sold) to you on a revocable, non-exclusive, non-transferable and royalty-free basis. You have no intellectual property rights in, or to, the Installer App other than the right to use them in accordance with these terms.

Law and jurisdiction

English law applies to use of the Installer App these terms and conditions and any disputes or claims will be settled by the courts of England or Wales. If you live in Scotland or Northern Ireland, you can choose to bring a claim in the courts of England and Wales, or the courts of another part of the UK in which you live. Any disputes or claims relating to use outside of the UK will be subject to English law and to the courts of England or Wales.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.