1. Who we are and how to contact us

1.1 We are Pod Point Limited (trading as “Pod”) and www.pod-point.com, www.podenergy.com and all of its associated websites are operated by us. We are registered in England and Wales under company number 06851754 and have our registered office at 222 Gray’s Inn Road, London, WC1X 8HB. Our VAT number is 278743455

1.2 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 Gray’s Inn Road, London, WC1X 8HB.

2. Feasibility & Survey services

2.1 We are offering consumers like you, and you have enquired about, our Pod Drive subscription services, details of which are set out on our website https://www.podenergy.com (“Pod Drive services”) and the installation of a Pod home electric vehicle charger (a “Podpoint”) at your domestic premises.

2.2 In order to establish whether it is feasible to install a Podpoint at your domestic premises which is eligible for a Podpoint and Pod Drive services, we need to carry out certain remote survey assessment services to check whether your domestic premises are eligible to facilitate installation of a Podpoint (“Feasibility Services”, as described in more detail below). As part of these checks, you will be required to download our Pod Home mobile phone application (our “App”) and follow steps on there. Your downloading and use of our App is subject to our App terms of Use.

2.3 In return for your payment in accordance with section 5, we agree to perform various Feasibility Services with all reasonable skill, care and diligence. The Feasibility Services will include (but not be limited to):

2.3.1 Collating and analysing the survey photos you provide on the App;

2.3.2 Reviewing your submissions before and during the installation survey; and

2.3.3 Assessing the detail of your property to the extent reasonably visible from the installation survey including your parking, electricity meter and physical layout at your property.

2.4 Having completed the Feasibility Services checks, we will confirm (at our discretion) whether your domestic premises are eligible for the installation of a Podpoint through which we will provide you with Pod Drive services (a “Confirmation”) within the App and/or via e-mail. Once you have a Confirmation we can proceed with the hire of your Podpoint and its installation, which will be subject to the terms of separate hire agreement and Pod Drive T&Cs respectively.

2.5 We only use any personal data we collect through your use of the App and the Feasibility Services in the ways set out in our privacy notice contained here Privacy Notice | Pod Point (“Privacy Notice”)

3. Our agreement with you

3.1 These terms and conditions (“Terms”) cover only the performance by us of the Feasibility Services. They set out how we will provide Feasibility services to you, how you will pay for them, your cancellation and refund rights and other important information. You must confirm your acceptance of these Terms when you request that we check your eligibility for Pod Drive services.

3.2 After carrying out the Feasibility Services we will do everything reasonably possible to provide you with a Confirmation to install a Podpoint, but at our discretion if we cannot do so we will notify you and in such cases, you will be entitled to a full refund of any amount paid in accordance with section 5.

3.3 You agree to comply with the requests we make of you in App in order for us to be able to perform Feasibility Services, including submitting photos of your domestic premises for the purposes of the installation of a Podpoint and submitting details of your domestic premises.

4. Ordering

4.1 You place an order for Eligibility Services through our website or App.

4.2 Submitting your order is an offer to acquire Eligibility Services in return for payment of the fees described in section 5 below.

4.3 Following receipt of a Confirmation, you have a 14-day cooling off period in which you can change your mind, cancel your Feasibility Services and be entitled to a full refund. The cooling off period runs for 14 days from the date this agreement is made. The cooling off period for your Podpoint and/or Pod Drive services is described in different contractual terms to these.

5. Payment

5.1 You must make full payment for your Eligibility Services via our online checkout process on our website and/or App when you place your order. In certain circumstances we may contact you directly to help you through the checkout process. The price is £99 per order.

5.2 You must pay for your order in pounds sterling (£) using a credit or debit card issued in the UK. We accept the credit and debit cards specified in our customer journey. All credit and debit card payments need to be authorised by the relevant card issuer.

6. Our responsibility to you

6.1 We are responsible to you for any direct and foreseeable loss and damage which we cause if we breach these Terms or we are negligent.

6.2 We are not responsible to you for: any loss or damage not caused by our breach or negligence; or loss of profits, loss of use, lost business, wages or missed opportunities; or for any loss or damage that is not a direct result of something we did (or failed to do) and/or was not reasonably foreseeable at the time these Terms were agreed by you. Nothing in these Terms limits our liability for death or personal injury or fraud or anything else that cannot be limited by law.

6.3 To be clear, we are also not responsible to you for:

• Any loss suffered due to circumstances beyond our control, such as a force majeure event or caused by a third party for whom we are not responsible;

• Any loss suffered as a result of incorrect instructions or information that you have provided to us relating to any future installation of a Podpoint;

• For any loss suffered if the installation of a Podpoint is delayed or cannot be performed because you fail to provide accurate information to us in order to be able to perform the Feasibility Services.

7. What happens if you breach this agreement?

7.1 If you do breach these Terms/this agreement, we will contact you to try and get you back on track. This might include attempting in good faith to agree alternative payment arrangements or to guide you through submission of information for the purposes of us carrying out the Feasibility Services.

7.2 If in our opinion you materially or repeatedly breach these Terms/this agreement and that breach cannot be remedied through discussions with you, we reserve the right to terminate this agreement. In such case we will refund any amounts paid by you under section 5.

8. Other legal stuff

8.1 We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover payments under our contract with you) or obligations under this contract to someone else without your consent. This will not affect your rights under these Terms or under our warranty.

8.2 You may not transfer our contract with you or your rights under it without first getting our written consent.

8.3 Each of the paragraphs in these Terms operate separately. If any of these Terms are held invalid or unenforceable for any reason, the remainder of the Terms shall continue in full force and effect.

8.4 Pod Point may change these Terms at any time in future and will let you know about any changes by email or a notification in our App. We can make proportionate changes for one or more of the following reasons:

• To reflect updates to functionality, security, options or services provided by us or your charger;

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

• To reflect changes to any requirements of local power network operators and their conditions;

• To respond to requirements placed on us by a competent authority, including any local authority or council; or

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

9. If something goes wrong – summary of your legal rights

9.1 The Consumer Rights Act 2015 provides you with certain legal rights in relation to the provision of the services. We are under a legal duty to supply services that are in conformity with our contract with you.

9.2 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office, visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

9.3 If there is a problem with any services you have purchased from us, please contact us as soon as is reasonably possible to allow us a reasonable opportunity to repair or fix any problems.

10. Complaints and applicable Law

10.1 If you are unhappy with us, or the products and services we have provided to you, please contact us at help.pod-point.com, we will deal with your complaint in accordance with our Complaints Handling Policy which can be viewed here: Complaints and Dispute Resolution Policy PPSP-10-6

10.2 English law applies to 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.

Model Cancellation Form

(Complete and return this form if you wish to cancel your order under the cooling off period as set out above)

Model Cancellation form [*] Delete as appropriate

To: Pod Point Limited, 222 Gray’s Inn Road, London WC1X 8HB

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date