THESE TERMS AND CONDITIONS OF USE SUPERSEDE ALL PREVIOUS TERMS AND APPLY TO YOUR CARDS - PLEASE RETAIN A COPY FOR YOUR RECORDS
The agreement between you and us including the application form and applicable terms and conditions.
Approved Vehicle Category
Those models of electric and hybrid vehicles that can be charged using Charge Points, as listed on the https://ev-database.uk website, in particular, those that are licenced for use on the road by the DVLA and that were manufactured after 2016.
A card or other payment method we have issued and which can be used to purchase Goods and Services, including but not limited to Chip and PIN Cards, Non PIN Cards, Non Standard Cards, magnetic stripe cards, voucher cards, card numbers and virtual cards.
The charge (plus VAT) that we charge you for each Card.
Any person you authorise to use the Card.
As defined in clause 8 of the Agreement.
A charge point infrastructure which is part of the Charge Point Provider’s network, which can enable a plug-in electric vehicle in an Approved Vehicle Category through the use of a Card to connect to and charge from an electricity supply.
Charge Point Provider
A provider of Charge Points under the terms of the Agreement.
Chip and PIN Card
A Card that we issue and which includes chip and PIN technology.
Losses that are not a direct result of anyone breaking any of the terms of the Agreement.
The tariff of recurring and ad-hoc fees applicable to your account and Cards which forms part of the Agreement as updated from time to time.
Goods and Services
Goods and services you can buy using a Card including petrol, diesel, liquefied petroleum gas, electric, hydrogen, other alternative fuels, engine oil, vehicle-related goods, tyres, batteries, exhausts, windscreen replacements, vehicle servicing, repairs, maintenance services, vehicle breakdown recovery, tolls, and other services we may include from time to time.
Non PIN Cards
A Card that has either the name of an individual or the registration number of a vehicle (or both) embossed on it and the Cardholder signs their name or writes their vehicle registration number on the back but does not require the Cardholder to show any form of ID or enter a PIN code but where a Cardholder’s signature is required at the point of sale.
Non Standard Cards
Non PIN Cards, Cards without a driver name or vehicle registration number embossed and any other non-standard types of Cards that we issue to you and confirm are non-standard Cards.
Payment Due Date
As defined in clause 4 of the Agreement.
The personalised identification number used to validate a transaction to purchase Goods and Services using a Chip and PIN Card.
Suppliers who hold agreements with us or any of our associated companies to accept Cards to purchase Goods and Services.
The areas of our website which are protected by a password or any other website we authorise you to access in connection with the Agreement or Cards.
we, us, our
Allstar Business Solutions Limited.
The account holder set out in the Agreement.
By signing your Card and/or using it you accept these terms and conditions in full and agree to comply with them at all times. It also means that you agree to pay us for any Goods and Services our Suppliers supply to you or to the Cardholder.
2. USING THE CARD
The Card is valid until its expiry date or until you or we cancel it, whichever happens earlier. Only the Cardholder can use the Card. You must ensure that only a Cardholder knows and is able to use the PIN for any Card or if a Card does not have a PIN associated to it you must ensure that the Card can only be used for any driver name or vehicle registration embossed on the Card. You must make sure that the Cardholder signs their name or writes their vehicle registration number on the back of the Card (or does both) matching the driver name or vehicle registration embossed on the front of the Card to prevent unauthorised use which you will be liable for. The Cardholder must present the Card to the Supplier before they buy Goods and Services so that the Supplier is aware that they are about to make a sale as an agent for us. The Cardholder must make sure that the correct vehicle registration number and mileage has been recorded on a voucher for each purchase. The Cardholder must make sure that they enter the correct PIN when using a Chip and PIN Card and you are liable for all Goods and Services purchased using a Card once a correct PIN has been entered at the point of sale terminal or after the Cardholder signs to accept the transaction where a Card does not have a PIN and a signature is required. It is important that you take all reasonable steps to prevent misuse of your Cards and to identify any unauthorised or fraudulent activity relating to your Cards or your Card numbers. These steps should include: ensuring that pins are not known by anyone other than a Cardholder, checking that your Cards are correctly embossed with your company name and one or both of the Cardholder name and vehicle registration, checking your invoices and any reports that you receive for any unauthorised or unusual activity and promptly investigating any suspect/unusual transactions that we notify you of.
Each Card will show your name and the expiry date. You must ensure that the Card is embossed to show the Cardholder’s name or the registration number of the vehicle it is used for (or both). If the signature panel on the back of the Card is marked or is not filled in correctly, a Supplier may confiscate the Card. Cards are issued with a PIN which must be used in conjunction with Chip and PIN Cards. Cardholders will have 5 attempts to enter a correct PIN at the point of validation of a transaction. If the correct PIN is not entered after 5 attempts the Card will be automatically blocked and neither you nor the Cardholder will be able to use the Card again. In the event that a Card has been blocked it will be necessary for us to issue you with a replacement Card. If a PIN is lost or misplaced, Cardholders can request a re-advice from us (please see clause 23 for our contact details or you can contact us via our Website). We may charge a fee for issuing replacement Cards. Suppliers may also refuse to accept the Card if it is not being used in line with the terms and conditions that we agree with Suppliers. If we provide you with a bearer Card, a Non PIN Card, an ID bearer Card or a voucher Card you are subject to the additional terms applicable to such Cards from time to time. These terms are available on request and you must make sure that you keep to them. We will also charge you a fee per voucher Card, bearer Card or ID bearer Card. Details of these fees are set out in our Fee Tariff.
Each week (or other period we have agreed with you in writing) we will send you an invoice, or produce an invoice on the Website, showing all purchases made using the Cards, less any credits or refunds. We may charge you a fee if you require a paper or non-standard invoice. You must pay the invoice in full, by direct debit, within 7 days (or other period we have agreed with you in writing) of the date of the invoice (the Payment Due Date). We may charge you a fee for non-standard payment methods or payment periods. If you do not pay any amount by the Payment Due Date we may charge interest at a rate of 5% over the National Westminster Bank Plc base rate. We work out interest on a day-to-day basis on any amount outstanding on the Payment Due Date (including unpaid interest) and also on any Goods and Services purchased by you with Cards but not yet invoiced to you until you pay the outstanding invoice in full. We may also charge you a late payment fee. Alternatively we may charge you interest and late payment fees in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 and the Late Payment of Commercial Debts Regulations 2002 (or any amendments to these statutory provisions). We will continue to charge interest until you have paid the amount due, whether or not the Agreement has ended or a court judgment has been made. Late payment may also trigger a risk based fee being applied to your purchases (as set out in clause 8) and/or result in the removal of any discounts you may have the benefit of (as set out in clause 7). If any amount is still unpaid more than seven days after the Payment Due Date, we may cancel any or all of your Cards and end the Agreement (clause 13 of the Agreement applies to any Cards that we cancel). We may also place your Cards on temporary stop the day that any payment becomes overdue. We may charge you an administration fee if we do not receive a payment because there is not enough money in your account to cover the direct debit or because you have cancelled the direct debit or if for any other reason that is not our fault we are unable to collect a payment due by direct debit. We will charge you a network service fee for processing all Card transactions. We may also charge a fee for any copies of invoices or sales vouchers you ask us to send you for transactions. You agree that we are not obliged to carry out any investigations into, nor provide information in relation to nor copies of, invoices or sales vouchers dating back more than six months. We may charge you a fee if you require us to provide any non-standard account management activities or for any non-standard services. We may charge a fee if you wish to transfer your account to a different type of Card issued by us or terminate the Agreement and enter into a new Agreement with us under which we will issue a different type of Cards to you. We may charge this fee for terminating or transferring your exiting account or for opening your new account, but not both. You must notify us promptly about any issue or dispute that relates to your Cards and Goods and Services purchased with Cards or Card numbers. We do not have to carry out any investigations that relate to transactions that took place more than three months before you notified us of a dispute.
We will use your payments and any credits or refunds you are entitled to first to pay off any interest you owe us and second to reduce any amounts you owe. If you make a claim against any Supplier or other supplier in relation to Goods and Services they have supplied to you or the Cardholder as our agent, you cannot take the amount of your claim from any money you owe us or claim it back from us.
Depending on your business needs and eligibility, we may price your fuel in ways such as, but not limited to, the following: retail pump price, national average price, weekly MID CIF price (fuel base cost including cost, insurance and freight into the receiving country). Both weekly national average and MID CIF prices are available on our Website. You may be eligible for our tiered discounted pricing at certain networks. We reserve the right to make changes to the network, tiers and discounts at any time.
All fees applicable to your Cards and account will be set out in the applicable Fee Tariff unless otherwise communicated to or agreed with you in writing. All references in the Agreement to fees or charges are references to the fees set out in the Fee Tariff. We may at our absolute discretion determine whether or not to invoice you for any of the fees set out in the Fee Tariff. In addition, we may grant you discounts from time to time on certain Goods and Services. The level of the discount and the Goods and Services to which it applies will be set out in the Fee Tariff. Our current Fee Tariff is published on our Website. We may vary or amend the Fee Tariff if we choose to at any time on 1 month's prior notice to you or immediately upon late payment. If we make any changes to the Fee Tariff, we will post the revised Fee Tariff on our Website indicating the date the revised Fee Tariff was posted. Notification to you of any changes to the Fee Tariff shall take effect upon the posting of the revised Fee Tariff on our Website. It is your responsibility to check our Website regularly to ensure you keep up to date with any changes to the Fee Tariff notified to you in this way. If you wish to discuss any changes to the Fee Tariff you must contact us within 7 days of the change being notified to you through us posting the changed Fee Tariff on our Website. If you do not contact us within this 7 day period, you will be deemed to have accepted the new Fee Tariff by continuing to use your Cards once the 7-day period has elapsed.
8. CREDIT AND RISK
We may terminate the Agreement or suspend your Cards in the event that you exceed any credit limit that we have set for your account. We may charge you a fee for exceeding any credit line that we have notified you of. If we suspend your account for any reason and we subsequently agree to reactivate your account, we may charge you a fee. We may also charge you a fee if you fail to comply with the terms of the Agreement or if non-standard payment terms or payment methods are operated for your account. We, or a third party, may make, or ask our agents to make, regular credit checks on you. This will involve giving information about you to licensed credit reference agencies. We will undertake periodic risk assessments of you using an industry recognised risk rating management tool and, in the event that you are neither a sole trader nor a partnership of 3 persons or less, if, following such credit risk assessment, your credit risk rating hits a specified risk rating level or if for any other reason we reasonably suspect you may pose a credit risk (including in the event of late payment where you have failed to pay an invoice at least two times over a continuous period of six calendar months) to us we shall apply a risk based fee to your purchases for the purposes of mitigating the risk. You agree we may apply such fee immediately and without prior notice to you, although if we apply a risk based fee in this way we will notify you of our decision to apply the risk based fee, together with any additional details of the fee, as soon as reasonably practicable following the decision. You agree that we may apply the fee from the point in time we receive the report indicating your risk rating has hit the specified risk rating level or when we otherwise decide (acting reasonably) to apply the fee. The rate of the risk-based fee applicable will be determined by us but will not exceed the maximum risk based fee set out in the Fee Tariff (which may vary). We shall continue to apply a risk-based fee until your risk rating has returned to below the specified risk rating level for a continuous period of six calendar months. Our decision around the risk based fee is final and there shall be no back-dating or reimbursement of risk based fees applied by us to you. Please note you may pay a security deposit in lieu of us applying a risked based fee.
In certain circumstances, for your convenience, we may (but are not obligated to) allow you to place a credit or debit card on file with us to use for automatic payment of any and all balances on your account, including balances created at or around the time that a Cardholder presents the Card to the Supplier to buy Goods and Services. If following a credit risk assessment, we determine (at our sole discretion) your credit risk rating is suitable, we shall be entitled to remove your right to place a credit or debit card on file with us and transfer you to our standard billing process outlined in clause 4. This will include a requirement for you to set up a direct debit for the payment of invoices in accordance with clause 4 when we transfer you to our standard billing process.
You hereby authorise us (and will promptly provide us documentation evidencing your authorisation upon our request) to: (a) charge or debit such credit or debit card automatically immediately in £GBP (or on the date any amount otherwise becomes due to us), based on your use of our products and services and related purchases and any other charges due as per the Fee Tariff; (b) to obtain credit authorisations from the issuer of your credit or debit card; and (c) to obtain credit reports about you and/or the beneficial owners of your business from time to time. We may set limits on the amount of goods and services you can purchase using the Cards, depending on the credit limit on your credit card, or any other factors in our assessment of credit risk. It is your responsibility to ensure that your credit or debit card information on file with us is always up to date. If such credit or debit card is declined for any reason, your account must be paid by you by other means by the due date stated on your invoice, and we may charge you an administrative handling fee of in connection with such decline.
“Chargeback” is a mechanism for your credit or debit card issuer (at their discretion) to reclaim money from a service provider’s bank. This can allow your card issuer to provide you with a refund in a number of circumstances, including: (a) if you do not get the product you paid for; (b) if you are charged the wrong amount, or charged twice by mistake; or (c) if the payment was made fraudulently.
You agree to contact us prior to raising a request for a Chargeback or any dispute with your bank or card issuer in relation to any transaction with us, and to provide us with any information reasonably requested by us in order for us to research the transaction associated with the proposed Chargeback.
We recognise that Chargebacks can happen for a variety of reasons. However, if you make a card payment through us, and later dispute a legitimate charge by raising a Chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we may provide the bank compelling evidence to refute your invalid Chargeback request, and reserve the right to terminate the Agreement or suspend your Cards. The following shall be due and payable by you within 7 days for each instance of a Chargeback made without merit or legitimate reason: (a) the charges due and payable by you for the Goods and Services used in the period covered by the Chargeback; (b) such Chargeback costs as are levied upon us by your bank or card issuer; (c) Chargeback fee of £50; and (d) our reasonable costs and losses incurred in recovering the above-mentioned fees including debt recovery costs, legal fees and debt collection costs.
In addition to the Chargeback fee outlined in the preceding paragraph, we may also charge you an administration fee for any Chargebacks. If you effect a Chargeback on a valid charge from us, you will owe us the full amount of such charge and it must be paid promptly by other means, and shall accrue interest from the original date due, at a monthly interest rate noted on the Fee Tariff published on our Website.
If we find that you have given us false or incomplete information, or that you have broken any of the terms and conditions of the Agreement, we will demand that you pay us any money you owe us immediately. By doing this we will not lose any of our rights under clause 13 of the Agreement. You agree to indemnify and hold us harmless against any and all claims, losses, costs, penalties, expenses and liabilities which we may suffer or incur which in any way, directly or indirectly, arise from or relate to any claim whether in contract, delict or tort (including negligence or breach of statutory duty) in respect of any use of a Card.
10. LOST OR STOLEN CARDS AND UNAUTHORISED USE
If your Card is lost or stolen, or someone who is not (or is no longer) authorised to use your Card has it or the Card number is being used fraudulently, you should report this immediately via the Website and hotlist the Card. If you are unable to notify us via the Website you must telephone or email us immediately. Please see clause 23 for our contact details. Where you report a Card as lost or stolen or report unauthorised use, you will not be responsible for any purchases made using that Card from 2 working days after the notification. You should tell us all you know about the circumstances of the loss, theft or unauthorised use of the Card and, where possible, take all reasonable steps to help to get the missing Card back. This includes contacting the police and getting a crime reference number and giving that to us. You must also make sure that anyone who is no longer authorised to use a Card does not keep their Card.
11. OUR WEBSITE
You must tell us immediately in writing if your name, address or bank details change. We will assume that any information we send by pre-paid post to the address we currently hold for you will reach you the day after we post it (not including Sundays or bank holidays). You must advise us of the e-mail addresses that we should use to contact you and, if different, for us to send invoices to you. It is your responsibility to keep this information up to date and to advise us of any changes.
13. CANCELLING CARDS
All Cards remain our property. We may, at any time, cancel any Card, refuse to issue a new or replacement Card, or end the Agreement by sending you written notice. If we cancel your Card or end the Agreement, this will take effect immediately and you must return every Card to us straight away. If you write to us asking us to cancel a Card or where we cancel any Card, we may ask you to cut it in half for security reasons and return it to us. If you do not return the cancelled Card, you will still be responsible for any purchases made with that Card. If you cancel a Card or end the Agreement, in line with this or any other clause in the Agreement, you are still responsible for any purchases made with the Card except for a Card you have reported to us as lost or stolen, or a Card that we agree to treat as lost or stolen. We may charge you an administration fee for treating the Card as lost or stolen. If you use a Card after it has been cancelled, we may charge you an administration fee and any costs associated with getting the cancelled Card back. You may terminate the Agreement at any time by giving not less than one month's written notice to us. We may terminate the Agreement at any time by giving not less than two months' written notice to you. You agree that in the event of termination of the Agreement no pro rata refunds of any prepaid Charges will apply.
14. CARD CHARGE
All Cards issued by us are subject to an up-front Card Charge. We may change the Card Charge at any time. Any new Card Charge will be notified to you or will be set out on an invoice to you and will be valid from the date that the change was made and be applicable on any Card reissues or new requests from that date forward. When we work out the Card Charge, we assume that all of your Cards are used. If any of your Cards are not used, or are used less than we thought they would be, we may work out an amended Card Charge based on the Cards that are actually being used and apply that Card Charge to all of your Cards, regardless of whether they are used. In this case, the amended Card Charge will apply from the start of the Agreement. We may also charge you a fee if any Cards are not used or used to purchase a lower level of Goods and Services than we reasonably anticipated.
15. EXCLUSION AND LIMITS
The Agreement includes everything we are responsible or liable for. If something is not clearly mentioned in the Agreement, we do not accept responsibility or liability for it. Also, we do not accept responsibility or liability for any obligations that are expressed or implied unless the law says that we cannot exclude responsibility for such obligations. Our total responsibility for Goods and Services you buy from us at Suppliers is limited to the amount we can claim back from them, which we will then pass on to you. We are not responsible to you, and you are not responsible to us, for any loss of profits, loss of business, business disruption, loss or corruption of data, loss of goodwill, or any indirect or Consequences Losses resulting from anyone breaking any of the terms of the Agreement.
16. AGENCY, TRANSFER, CHANGE OF CONTROL AND SUBSIDIARIES
We may transfer all of our rights and responsibilities under the Agreement. This may include the right to collect any debt you owe us. If we transfer our rights and obligations under the Agreement to a third party, they will charge you a reasonable administration fee for collecting any outstanding debt. The third party will use the account details (your personal information or information about you) to help them to collect the debt. The third party will keep this information and use it to help other users of its services to make decisions about supplying future services to you. To help us carry out the Agreement, we may also appoint an agent who may be any other company in the Allstar group or anyone else who agrees to be our agent. This agent will be entitled to use any of our rights under the Agreement. You must not transfer the Agreement without our written permission. If your business changes significantly at any time during the Agreement, we have the right to end the Agreement immediately, and all of our responsibilities in it will end. If we agree, we may issue Cards to one of your subsidiary companies, which will then become your representative for the purpose of the Agreement. This makes you and the subsidiary company jointly and separately responsible for keeping to the terms of the Agreement and jointly and separately liable for any failure to do so.
17. THE AGREEMENT AND CHANGES TO IT
Changes to the Fee Tariff and Card Charge will be made by us in accordance with clauses 7 and 14 respectively. If we change any other terms set out in the Agreement, we will do so by giving you notice in advance where possible, otherwise we will notify you as soon as reasonably practicable after making the change. We will either send any notice to you by including it with your invoice, sending it to you or by notifying you that the new Agreement or variation to the Agreement has been published on our Website. If you wish to discuss any changes to the Agreement you must contact us within 7 days of the change being notified to you in accordance with this clause 17. If you do not contact us within this 7 day period, you will be deemed to have accepted the new Agreement or variation to the Agreement by continuing to use your Cards once the 7 day period has elapsed. If we transfer the Agreement to another person or organisation, its terms will still apply to you. Although we may vary the Agreement at any time, it contains all of the terms and conditions that will apply to how we supply the Goods and Services to you. The Agreement replaces any earlier written or oral agreement. We can delay enforcing, or choose not to enforce, our rights under the Agreement without losing them. You must keep all information and data relating to the Agreement, Cards, transactions made using Cards and all commercial terms confidential and not disclose any such information or data to any third party without our consent unless you are legally required to do so.
18. DATA PROTECTION
19. NON STANDARD CARDS
If you request us to do so, we may, at our absolute discretion agree to supply Non Standard Cards to you. To ensure a high level of security, standard Cards benefit from “real time” authorisation controls used to validate transactions at the point of sale. Standard Cards also benefit from the security of Chip and PIN technology where a valid PIN must be entered at the point of sale. If you have requested a Non Standard Card we will apply our standard usage controls in relation such Non Standard Card. You will be required to sign an amendment to the Agreement if you wish us to apply different usage controls. You undertake to take full responsibility for the use and control of Non Standard Cards. It is and at all times remains exclusively your responsibility to ensure that Non Standard Cards (including the Card numbers associated with such Cards) are only used by Cardholders authorised by you and subject to any limitations placed by you upon such Cardholders. Non Standard Cards cannot be used at outside payment terminals. After you report a Non Standard Card as lost or stolen, we will advise our network of Suppliers of Non Standard Cards which you report to us as lost, stolen or being used in a fraudulent manner, in the usual way. We will notify you as soon as we are aware that any Non Standard Card that you have notified to us as lost or stolen, has been used. However, because Non Standard Cards are less easy to control and monitor, you will be liable in full for all purchases made with any Non Standard Card until that Non Standard Card has expired or has been returned to us irrespective of whether the Card has been reported lost or stolen or whether or not our relationship with you is terminated. You agree to indemnify and hold us harmless against any and all claims, losses, costs, penalties, expenses, damages and liabilities which we may suffer or incur which in any way, directly or indirectly, arise from or relate to any transactions using Non Standard Cards (and any associated Card numbers) issues to you however occurring (including fraudulent transactions on cloned and/or skimmed Cards). If we have issued Non Standard Cards to you, it is particularly important that you promptly review all invoices that we provide to you. Without prejudice to any other term of your Agreement with us, you must notify us within 3 working days of receipt of your invoice of any transactions where you suspect or reasonably ought to have suspected that any Non Standard Card has been compromised and/or used fraudulently, for example, where a Non Standard Card has been skimmed, cloned or otherwise copied whilst the genuine Non Standard Card is still in use. Although you will remain liable for all transactions until Non Standard Cards have expired or been returned to us, as soon as you notify us that a Non Standard Card is lost, stolen or being used in a fraudulent way we will attempt to prevent further use of such Non Standard Cards (and/or any associated Card numbers) and use our reasonable endeavours to limit your financial exposure and risk. Non PIN Cards will be charged at the same rate as the standard Cards on your account(s) and will expire after a period of 24 months when replacement Non PIN Cards will be issued to you.
20. ELECTRIC VEHICLE CHARGING
Some Charge Point Providers provide access to users only on the basis of a membership scheme. Where we provide you access to such private networks, your access is governed by the Agreement. This clause sets out the conditions of that access and lists the responsibilities that you, and any person authorised by you, have to us and any Charge Point Provider when using Charge Points made available to you by the Charge Point Providers. You are responsible for ensuring that your vehicle is: (a) suitable for using a Charge Point, that is, it is an electric vehicle licenced for use on the road by the DVLA; and (b) adequately insured including, without limitation, for any damage caused by you to the Charge Points and surrounding location (including the feeder pillar) and other connected infrastructure, bays, vehicles, and for injury to and death of persons. You are only authorised to use the Charge Points identified by Charge Point Providers from time to time. You must ensure that you park your vehicle in accordance with any signage and an applicable laws, byelaws, regulations, parking rules and policies that apply to the location at which you are charging your vehicle (including time limits on usage). These rules and policies may differ from one location to another. In particular, you must: (a) correctly park your vehicle within the boundaries of a bay when charging; (b) not incorrectly park your vehicle or park it in a way which impedes use of a neighbouring bay or Charge Point; and (c) not block any bay at any time, except when you are correctly parking to use a Charge Point to charge your vehicle. You must not park in a location which is intended only for use of a Charge Point unless you are using that Charge Point to charge your vehicle and at the time that you first park, where applicable, the light on the top of the Charge Point is green. If you park in a bay that has been reserved by another user you may be liable to pay an additional fee as set out in the Fee Tariff. You must plug in your vehicle as soon as possible after first parking at the Charge Point. You are responsible for: (a) paying any access and/or parking charges due to third parties in respect of any Charge Point; or (b) meeting the requirements for exemption from such charges (e.g. by presenting your Card); and (c) the costs of any fines or penalties imposed by the relevant parking enforcement authority and of any charge applied if your vehicle is immobilised, clamped or removed. You must follow all instructions in relation to the use of a Charge Point (which may differ from one Charge Point and/or Charge Point Provider to another, particularly where the service is different). You acknowledge and agree that any use of a rapid charge point is at your own risk as evidence suggests that use of a rapid charge point can damage your vehicle and its battery. Neither we nor the Charge Point Provider will be liable to you for damage to your vehicle resulting from the use of a rapid charge point unless this damage is caused by our negligence and not by the inherent risks of using a rapid charge point. You are also responsible for ensuring that the charging of your vehicle at a Charge Point is carried out safely so as to avoid injury to any person or damage to property. This includes, but is not limited to, ensuring that you take all reasonable care when charging your vehicle and that: (a) where connector cables are not available at the Charge Point, you have with you all necessary connector cables to enable your vehicle to be charged at a Charge Point; (b) the connector cable is safely plugged into your vehicle and the positioning of the connector cable does not create a tripping hazard to any person; (c) your vehicle is not driven with the connector cable still attached to the Charge Point; (d) the connector cable is not unplugged from your vehicle before the plug is removed from the Charge Point; and (e) once you have finished charging your vehicle, the connector cable is disconnected, and the Charge Point housing is closed. If you do not follow the correct procedure for disconnecting your vehicle from the Charge Point, causing the Charge Point to not be registered as available, you will be liable to pay an additional fee as set out in the Fee Tariff. You agree that you are responsible for any damage caused to a Charge Point or to any other property or for any injury to any person which is caused by your breach (or the breach by any person with you or using a Card with your authority (Passenger)) of the Agreement or by your or your Passenger’s misuse, lack of care or negligence or failure to comply with any instructions or guidance in relation to a Charge Point. You must notify the Charge Point Provider immediately of any injury to any person or to any damage and follow any directions they may give you. You consent to us sharing the following elements of your personal data (name of your company, registered address, company number, fleet officer, and company phone number) with the Charge Point Provider where necessary in connection with damage or injury for which you are responsible. In such circumstances, we and the relevant Charge Point Provider will be independent data controllers. If you and your Passengers do not comply with the Agreement then, in addition to our rights to take action against you, we may end your right to access and use the Charge Points with your Card. You acknowledge that neither we nor the Charge Point Providers: (a) guarantee the availability of all Charge Points; and (b) are responsible to you if a Charge Point is unavailable at any particular time as a result of an occurrence outside of our control (such as a third party parking in a bay in breach of the rules and regulations). Neither we nor the Charge Point Providers will be liable to you or to any Passenger, for any loss of, or damage to personal property whether during or after using a Charge Point, unless such loss or damage is caused by our negligence or if we have failed to use reasonable care and skill. Nothing in these terms and conditions shall limit or exclude our liability to you (or the liability of the Charge Point Providers) for death or personal injury caused by negligence or for fraud or for any other liability which cannot be excluded or limited by law.
21. LAW AND JURISDICTION
The Agreement is only governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales.
If you have a complaint or problem with a Supplier or any Goods and Services charged to your account, you must still pay all transactions on your account. If you have any complaint about your account or a Card please go to our Website for details of our complaints procedures. We take all complaints seriously. If you wish to register a complaint then please contact us as set out below in the “Contact Details” section. We will acknowledge your complaint in writing and tell you how we will handle it.
23. CONTACT DETAILS
You can contact us in the following ways.
Allstar, Post Department 45, P O Box 1463, Canberra House, Lydiard Fields, Swindon, Wiltshire, SN5 6PS.
0370 419 5165 (9.00am to 5.15pm, Monday to Friday not including bank holidays).
We may monitor and record phone calls. We do this so we can check what was said and also to help train our staff.
Cards are managed by Allstar Business Solutions Limited, P.O. Box 1463, Canberra House, Lydiard Fields, Swindon, Wiltshire, SN5 6PS.
Registered number 2631112 England.