Zap-Map Terms and Conditions

In this policy, ‘Zap-Map Sites and Services’, ‘Zap-Map’, ‘Sites and Services’, ‘we’ and ‘us’, all refer to the websites, mobile applications and data services operated by Next Green Car Ltd. (NGC) which include: ‘Zap-Map Websites’, also referred to as the ‘Websites’, [URL: https://www.zap-map.com], and ‘Zap-Map Applications’, also referred to as the ‘Applications’, [iOS/Android apps and related applications].

In this policy, ‘Users’, ‘you’ and ‘your’, all refer to contributors and/or users of Zap-Map and/or the information published on any of the Sites and Services, and ‘Zap-Pay’ refers to the service provided by Zap-Map which allows Users to pay for, and access, the EV charging services (CPO Services) offered by participating charging point operators (CPOs).

Zap-Map’s policies also include details about your personal data rights, your ability to manage any personal information you share across Zap-Map. Please also refer to our Privacy Policy, Cookie Policy and Data Licensing terms.

1. DISCLAIMER

While every effort has been taken to ensure that all the information provided by Zap-Map is correct, we do not accept any responsibility for the accuracy of information contained within the Sites and Services, nor for the consequences of any actions taken or not taken as a result of this information. We shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by the information contained within the Sites and Services.

In addition, we do not accept any responsibility for any loss, disruption or damage to any computer system that may occur whilst using Zap-Map or accessing linked websites included in the Sites and services. We do not guarantee uninterrupted availability of Zap-Map and cannot provide any representation that using the Sites and Services will be error free.

The information is provided on the understanding that Zap-Map is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained with the Sites and Services is provided on an ‘as is’ basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Sites and Services.

2. COPYRIGHT

All rights reserved. Other than for the personal use, no part of Zap-Map Sites and Services may be reproduced, transmitted or utilised in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without written permission from Zap-Map.

All intellectual property of Zap-Map such as trademarks, trade names, patents, registered designs, database file structure, database headings, database content, charge point images, connector images and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Zap-Map.

By using the Sites and Services, Users agree to respect the intellectual property rights of Zap-Map and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Sites and Services.

3. GENERAL USER CONTENT

Zap-Map Users may submit content, both comments and data, to the Zap-Map Sites and Services. Comments include text and images posted on Zap-Map discussion areas (including Zap-Chat) and emails; data includes information about location, performance and status relating to electric vehicle charging equipment and networks submitted via Zap-Map forms or provided via Zap-Chat or other mechanisms such as email or telephone.

While Zap-Map Users (or the owner of the content) retain the copyright of the submitted content, by submitting content to Zap-Map, Users are granting Zap-Map an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit User content in any format and on any platform, currently available or invented in the future.

For all content submitted to Zap-Map, Users confirm that they have created that content, or have received permission from, or are authorised by, the owner of any part of the content to submit it to the Zap-Map site.

While Users are invited to submit content to Zap-Map in the form of Zap-Chats (posts on Zap-Map), general comments, contributions to discussions, and/or messages to other Users, Zap-Map prohibits the sharing of any personal information within all User comments and contributions (including Zap-Chat). Examples of personal information include names, addresses, emails, phone numbers and vehicle registration marks (VRMs). Please refer to our Privacy Policy for more information.

All User content submission on Zap-Map must also comply with our content policy. As the moderator, Zap-Map reserves the right to remove or modify any posts, or block members, we feel do not adhere to the following rules:

  • Using on behalf of commercial organisations must declare this in their display name, which is editable in the User profile. While commercial posts are permitted with prior consent, Zap-Map reserves the right to delete or block commercial content, including any spam, which will be removed without notice;
  • There shall be no privileges assigned to members commercial or otherwise;
  • Text or visual material that is obscene, racist, discriminatory or violent or in any way deemed offensive is not permitted. Any material which constitutes harassment, defamation, abuse or is linked to a political or pressure group is also strictly prohibited;
  • Other than posts by Zap-Map (Admin), all opinions expressed by Users should not be considered to represent the views of Zap-Map. Users also agree that Zap-Map has no obligation to review or edit any content posted by a User on Zap-Map.

We have implemented technical safeguards to protect personal information entering the public domain via User contributions submitted on or to Zap-Map in the form of Zap-Chats, general comments, contributions to discussions, and/or messages to other Users. For example, all posts are moderated, and all Zap-Chat images and text are scanned before publishing and vehicle registration marks (VRMs) removed wherever possible using automated visual processing.

Zap-Map, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish Users’ content at their sole discretion. Zap-Map may remove User content from the Sites and Services at any time.

4. ZAP-HOME AND ZAP-WORK

Charge point owners can submit details about their home charge point or work charge point for inclusion on Zap-Map Sites and Services as part of the Zap-Home or Zap-Work networks. These networks are then available for use by other Registered Zap-Map Users. As these details include personal data, please also refer to our Privacy Policy on the publishing of personal information.

Charge point owners who display their charge point information on the Zap-Home or Zap-Work networks do so with the understanding that they agree to provide access to (or ‘share’) the charge point with other Registered Zap-Map Users under restricted access which is specified by each charge point owner for each charge point device submitted.

The provision of access to Zap-Home of Zap-Work chargers is made solely at the discretion of the charge point owner and any contractual or financial agreement to use the charge point is made between the charge point owner and the User; Zap-Map is not party to this agreement and the agreement between the charge point owner and the User confers no benefits, rights or obligations whatsoever on Zap-Map.

For avoidance of doubt, both charge point owners and Users share and/or use Zap-Home or Zap-Work charge points at their own risk. Under no circumstances is Zap-Map liable is any way for indirect, special, or consequential damages including any loss of business, revenue, profits, or data arising from the sharing or use of any Zap-Home or Zap-Work charge point.

By submitting this content, home charge point owners agree that their charge point location, charge point name, charger type and number of connectors will be displayed on all Zap-Map Sites and Services and will be visible by all Zap-Map Users, including those who are not Registered Users. In addition, home charge point owners agree that their full address details, contact email, contact telephone number, charge time availability, use of cables, access to the property, optional payment fee and optional PayPal.Me details submitted will be displayed on Zap-Map Sites and Services and will be visible by all Zap-Map Users who have a registered account.

By submitting this content, workplace charge point owners agree that the charge point location, charge point name, charger type, number of connectors, full address details, contact email, contact telephone number, charge time availability, use of cables, access to the property, optional payment fee and optional PayPal.Me details will be displayed on all Zap-Map Sites and Services and will be visible by all Zap-Map Users, including those who are not Registered Users.

By logging in to their registered Zap-Map account, charge point owners are able to edit and update their Zap-Home and Zap-Work details at any time, with changes immediately deployed across the Sites and Services. By adding their charge points to the Zap-Home and/or Zap-Work network, charge point owners agree to keep their charge point, contact, access and payment information up to date, and to inform Zap-Map directly if their charge point is no longer available or decommissioned, or if they wish their charge point to be removed from our Sites and Services.

5. ZAP-PAY

All Zap-Pay Users must accept these Zap-Map Terms and Conditions in full.

Zap-Pay is a service provided by Zap-Map which allows Users to pay for, and access, the EV charging services (CPO Services) offered by participating charging point operators (CPOs) in the United Kingdom.

While Zap-Pay is available to Zap-Map Users within the Zap-Map platform, there is no requirement for Users to access this service, nor is there any requirement for Zap-Pay Users to undertake any account registration or subscription, or to use any specific RFID or payment card(s).

Users of Zap-Pay accept that, where CPO Services are accessed by Users, Zap-Map’s roles are as follows: (i) on a non-exclusive basis, introducing Zap-Pay Users to CPO via Zap-Map for the purposes of enabling Zap-Pay Users’ access to CPO Services; (ii) a provider of payments services including the processing of payments and issuing of receipts to Users for EV charging services accessed via Zap-Pay; and (iii) a payment support service for Zap-Pay Users via a dedicated customer helpline.

By using Zap-Pay, Users accept that all payments made for EV charging services via Zap-Pay are processed by Zap-Map which takes full responsibility for processing the transactions made via Zap-Pay including pre-authorisation, settlement, refunds, chargebacks and cancellations. Furthermore, Zap-Map is the first point of contact for Zap-Pay Users regarding all Zap-Pay transactions, including any payment-related queries, requests for refunds, or payment disputes.

In the event of a payment-related dispute between a Zap-Pay User and the CPO providing the CPO Services, Zap-Map remains the first point of contact for Users. Zap-Map aims to resolve all disputes promptly and fairly and has agreed a dispute management process with CPO. In all cases, Zap-Map will be responsible for managing payment-related disputes between a Zap-Pay User and the CPO. Zap-Map will coordinate correspondence between the CPO and the Zap-Pay User in relation to a complaint and will take all reasonable steps required to facilitate an amicable resolution.

Zap-Pay includes a support service for Zap-Pay Users. The service, which is for payment-related issues and queries, is available 24/7 via a dedicated helpline (the number is displayed across all relevant Zap-Map Sites and Services) and via the Zap-Map app using the Zap-Chat messaging service. All Zap-Pay helpline calls and Zap-Chat messages are responded to promptly, and all Zap-Pay issues are aimed to be resolved within 48 hours. The telephone helpline is provided on behalf of Zap-Map by the third-party provider EVA Solutions Group Ltd, a company registered at Satakunnankatu 32, Tampere, Finland 33210, with company number 2868557-4.

Users of Zap-Pay accept that, where CPO Services are accessed by Users, the CPO provides its charging services under its existing Terms of Sale, a copy of which is available on the CPO website. When accessing Zap-Pay via the Zap-Map app, a hyperlink is always provided to the CPO Terms of Sales as provided by the CPO website. Delivery of the CPO Services remains the responsibility of the CPO at all times. Zap-Map is not a party to the CPO’s Terms of Sale, and is not responsible for the CPO services if a User decides to purchase them.

All CPO’s and CPO Services available via Zap-Pay on the Zap-Map platform are screened and verified before being made available to Zap-Pay Users. This includes a documented review of relevant CPO policies including, but not limited to: Anti-Money Laundering, Anti-Bribery, Anti-Slavery & Human Trafficking and Data Protection Policies. Zap-Map also checks that the CPO Services are not in breach of the payment gateway’s Prohibited and Restricted Products and Services List (as available from URL: https://www.adyen.com).

All CPO’s offering their Services via Zap-Pay do so under contract (‘Zap-Pay Agreement’), which details the respective roles and responsibilities of Zap-Map and the CPO, and includes the requirement to supply all necessary policy documents for screening and at regular intervals (at least annually) to monitor compliance at all times.

Zap-Pay does not require Users to undertake any account registration, subscription, or membership (with either Zap-Map or the CPO), or use of a specific payment card(s). Onboarding information is provided within the Zap-Map Sites and Services for Users new to the Zap-Pay service. While Users are encouraged to register with Zap-Map to maximise the functionality of the platform, Zap-Pay can be accessed either as a Registered User or a temporary Guest User.

To login as a Guest User only requires a User email for provision of the VAT receipt following a successful charging session. If the Guest User does not convert to a Registered User within 7 days, the email is deleted from the Sites and Services with the exception of a suppression list to allow us to respond to any follow up enquiries or complaints, and to comply with our legal obligations, resolve disputes, enforce our agreements and protect Zap-Map’s legal rights. For more information, please refer to our Privacy Policy.

All charging devices on participating CPOs and branded networks that accept Zap-Pay are clearly marked within the Zap-Map Sites and Services at each charging location, and for each charging device for which Zap-Pay can be used. This information is updated at least daily and is based on information sourced from the CPO. The Zap-Pay tariff for accessing the CPO Services will be either the CPO’s standard ‘pay-as-you-go’ (PAYG) tariff, or alternatively a specific Zap-Pay tariff agreed with the CPO.

Zap-Map will endeavour to make sure any additional fees a User incurs through use of Zap-Pay is kept to a minimum. However, as operating the service involves a cost to us, we therefore reserve the right to pass a proportion of that cost on to the User as a Zap-Pay User Fee. Users will be informed within the Zap-Map Sites and Services of both the tariff for the CPOs Services and any additional Zap-Pay User Fees that will be charged in advance of each use of the Zap-Pay service.

All payments made via Zap-Pay (including credit/debit card information) are processed by the payment gateway service provider Adyen (URL: https://www.adyen.com), a fully PCI DSS 3.2 compliant as a Level 1 Service Provider, which is the key security standard within the payments industry (URL: https://www.adyen.com/platform/certifications). Adyen N.V. is registered with the Dutch Chamber of Commerce under number 34259528 and registered address at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands.

Use of a payment gateway means that at no time does Zap-Map have access to, collect, or store Users’ payment card details which are all fully encrypted and handled by Adyen. As a result Zap-Pay conforms with all relevant PCI DSS regulations to provide a secure online payment environment.

All payment transactions via Zap-Pay are pre-authorised with a £5 charge to validate the card and to demonstrate that funds are available in the User’s bank account associated with the payment card. The pre-authorisation amount may show on a User’s account before the final amount is settled. Once the charging process has completed successfully, the final amount is then charged to the User’s card and, following full settlement, the pre-authorisation charge refunded or removed from the card transaction history. If the payment process is not completed, the pre-authorisation will automatically lapse after a set period.

As part of its role as a payment service provider, Zap-Map processes and issues all VAT and sales tax information receipts to Users accessing CPO Services via Zap-Pay on behalf of the CPO. At all times, the CPO remains exclusively responsible for setting the appropriate VAT classification(s) and rates, and any other sales tax rates, and remains responsible for managing any relevant communications, submissions, or responses to HMRC. The CPO’s registered VAT number is clearly displayed on all VAT receipts issued by Zap-Map on the CPO’s behalf.

Non-payment related support requests remain the responsibility of the CPO at all times (e.g. where the payment system is working but the charging session fails in full or in part). For these requests, the User should contact the CPO (or CPO support provider) directly as instructed by the CPO Terms of Sale. For these non-payment related support requests, the CPO remains responsible for resolving the relevant issues with the customer of the CPO Services. If the Zap-Pay support is contacted for a non-payment issue, the User will either be transferred to the relevant CPO support service, or given the relevant contact details for the CPO’s support provider.

To confirm, all support requests relating to payments (including payment failures, incorrect monetary charges, and refund requests) should be directed to the Zap-Pay helpline (the number is displayed across all relevant Zap-Map Sites and Services). All support requests relating to non-payment issues (including charging unit failures, charging service issues, and other parking/site charges) should be directed to the CPO helpline.

Users accept that, while all reasonable measures are made to ensure the availability of Zap-Pay, Zap-Map does not guarantee that the payment service will be available at all times (due to maintenance or operational issues with Zap-Map Services, the payment gateway provider or with the CPO). Zap-Map also reserves the right to suspend the Zap-Pay service at any time and without giving notice to Users, and/or to suspend specific Zap-Pay Users if they fail to comply with any of the Terms and Conditions.

Users of Zap-Pay accept that: (i) payments are processed in the currency of the country in which Zap-Pay is available (e.g. Pounds Sterling for the United Kingdom), (ii) these Zap-Pay Terms and Conditions are governed by and construed in accordance with the law of England and Wales, and (iii) the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions.

As part of our Limitation of Liability terms (see section 10), Zap-Map will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data, or damage to any vehicle or battery, in relation to use of Zap-Map Sites and Services, or accessing CPO Services (which remain the responsibility of the CPO at all times, and which are provided directly by the CPO to the User under the CPO’s Terms of Sale).

If you wish to complain about any Zap-Pay related services, complaints should be made directly to the party responsible: Zap-Map for payment complaints, and the relevant CPO for CPO complaints.

6. REFUND POLICY

If you have made a payment using Zap-Pay for EV charging services on a participating CPO but have been unable to charge your vehicle or have been incorrectly charged for the service provided, then you can request a refund for the amount incorrectly debited from your payment card.

To request a refund, contact Zap-Map and describe the payment issue including as much detail about the transaction as possible including your Zap-Map username (if you are a Registered User), the location, date, and time of the charging session. Zap-Map reserves the right to check any relevant details within the User’s payment history including and any previous refund claims.

All refund requests must be received within 28 days of the charging session for which the claim is being made. Please note that while we will aim to process requests as quickly as possible, the refund process may take up to 10 days, depending on the policy of the card issuer.

To contact Zap-Map, contact support@zap-map.com (mark your email ‘Refund request’), send a message on the Zap-Map app using the Zap-Chat messaging service, or phone the Zap-Pay helpline (the number is displayed across all relevant Zap-Map Sites and Services). Alternatively you can write to: Zap-Map, Unit 66 Spike Island, 133 Cumberland Road, Bristol BS1 6UX. Mark your letter ‘Refund request’.

7. USERS UNDER 13 YEARS OF AGE

As GDPR has additional safeguards for the protection of children’s personal data, Zap-Map does not knowingly collect any personal information from children under the age of 13 and children under 13 are not permitted to register for an account on any of Zap-Map Sites or Services.

Under our Terms and Conditions, from 25 May 2018, children under 13 are only permitted to use Zap-Map as anonymous Users and must not provide any personal information and must ensure that their devices are set to block the transmission of all personal data including the devices IP address and location information.

If you believe that a child has provided us with personal information, please contact us at privacy@zap-map.com. If we become aware that a child under age 13 has provided us with personally identifiable information, we will immediately remove the data from our databases.

8. REGISTRATION

By registering on Zap-Map Sites and Services, Registered Users agree to be responsible for maintaining confidentiality of their username and passwords and to notify Zap-Map immediately if they become aware any unauthorised use of their or any other User’s username and/or password.

If a Registered User no longer wishes to have a registered account, they may terminate their account by sending an email to privacy@zap-map.com. Please refer to our Privacy Policy for more information about your personal data rights.

If, for any reason, Zap-Map believes that a Registered User has not complied with these Terms and Conditions, or believe that the account is spam, we may, at our sole discretion, cancel the Registered User’s access to the registration areas of Zap-Map immediately and without prior notice.

Zap-Map may terminate a User’s registered account, at the company’s sole discretion, by emailing the User at the email address provided on registration stating that the agreement has terminated.

9. THIRD PARTIES

Zap-Map Sites and Services may contain hyperlinks to websites operated by other parties. Zap-Map does not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content.

Mention of third party products, services, companies and websites on Zap-Map is for informational purposes only and constitutes neither an endorsement nor a recommendation. We assume no responsibility with regards to the selection, performance or use of these third party products or services.

The Sites and Services may include material submitted by charge point installers and other third parties. Zap-Map excludes all liability for any illegality arising from or error, omission or inaccuracy in such material.

Zap-Map publishes advertisements placed by third parties to advertise their charging point equipment and other goods and/or services. We do not own the charging points, goods and/or services advertised for sale on our Sites and Services and have no liability for these goods or services or for any losses that Users may incur as a result of purchasing a charging point, goods and/or any services advertised by third parties.

If a User chooses to purchase a charge point, goods and/or services advertised for sale by third parties on our Sites and Services, the contract will be between the User and the third party advertiser and not with Zap-Map.

Zap-Map reserves the right to demand that third parties that are linking to Zap-Map Sites and Services remove the URL link at any time.

10. LIMITATION OF LIABILITY

Zap-Map will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data, or damage to any vehicle or battery, in relation to use of Zap-Map Sites and Services, or accessing CPO Services when using Zap-Pay.

However, nothing in these Terms and Conditions limits any liability which cannot legally be limited, including liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; and breach of the terms of the Supply of Goods and Services Act 1982.

11. MODIFICATION

Zap-Map reserves the right to change any part of the Terms and Conditions without notice and use of the Sites and Services will be deemed as acceptance of the Terms and Conditions. Zap-Map advises Users to check the Terms and Conditions at regular intervals. Zap-Map has complete discretion to modify or remove any part of the Sites and Services without warning or liability arising from such action.

12. SEVERANCE

If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

13. GOVERNING LAW AND JURISDICTION

The Terms and Conditions will be governed by the laws of England and any User of the Sites and Services hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.

14. ACCEPTANCE OF TERMS

By accessing the content of the Sites and Service, Users agree to be bound by the Terms and Conditions set out herein and to accept Zap-Map’s Privacy Policy. If a User objects to any of the Terms and Conditions set out herein they should not use any of the Sites and Services and leave immediately.

Users agree not to use the Sites and Services for illegal purposes and will respect all applicable laws and regulations. Users agree not to use Zap-Map in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Sites and Services. Users also agree not to compromise the security of the Sites and Services or attempt to gain access to secured areas or sensitive information.

Users agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by Zap-Map arising from any infringement of the Terms and Conditions set out herein.

15. CONTACT INFORMATION

Zap-Map is owned and operated by Next Green Car Ltd, publisher of www.nextgreencar.com.

If you have any queries about these Terms and Conditions, please contact us via email at contact@zap-map.com, by phone on 0117 929 8855, or write to: Next Green Car Ltd & Zap-Map, Unit 66 Spike Island, 133 Cumberland Road, Bristol BS1 6UX. Mark your email or letter T&Cs Information Request.

If your enquiry is regarding personal data, please refer to our Privacy Policy for more information about your personal data rights and details on how to submit a Subject Access Request, change consent, request erasure or rectification, restrict processing, to port data to another provider, and/or to object to automated decision making.

16. ABOUT THESE TERMS AND CONDITIONS

By using the Zap-Map Site and Services offered by Zap-Map, you’re acknowledging you have agreed to our Terms and Conditions and that you have also read and understood out Privacy Policy and our Cookie Policy.

Any changes we may make to our Terms and Conditions in the future will be posted on this page and, where appropriate, notified to you. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of any of our Sites and Services.

This Terms and Conditions only cover Zap-Map Sites and Services. Any other websites that may be linked to by the Zap-Map Sites and Services are subject to their own policy, which may differ from Zap-Map’s Terms and Conditions.

Where you submit information to a third party through our site, any information that you provide will be subject to the Terms and Conditions and Privacy Policy of the third-party website and Zap-Map will bear no liability for any loss incurred or damage suffered by you as a result.

Policy last updated: 31 August 2020

© COPYRIGHT NEXT GREEN CAR LTD 2020