Ohme Website Terms and Conditions for the supply of Products and Services
Last Updated: 16/03/2020
WE PROVIDE YOU WITH A SERVICE THAT ALLOWS YOU TO CONTROL AND OPTIMISE YOUR ELECTRIC CAR CHARGING ACCORDING TO THE PREFERENCES AND CHARGE SCHEDULES YOU SET BY USING OHME PRODUCTS. WE HAVE SET OUT BELOW THE TERMS AND CONDITIONS UNDER WHICH WE SUPPLY ALL OHME PRODUCTS AND PROVIDE THIS SERVICE TO YOU.
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY AS THEY APPLY TO THE PRODUCTS AND SERVICES WE PROVIDE AND YOUR USE OF THIS WEBSITE (“Website”).
You should print a copy of these Terms for future reference.
When reviewing these Terms, please pay particular attention to the following:
• Why do we need these Terms?
• Our Charges;
• Returning your Ohme Product;
• Support and contacting us;
• Changes to these Terms;
• Restrictions on your use of the Ohme Products;
• Our responsibility to you; and
• Ending the Service.
1. Information about us.
1.1. If you purchase your Ohme Product or are registered or resident in the United Kingdom or the Channel Islands, your agreement is with Ohme Operations UK Limited of 36-38 Berkeley Square, London W1J 5AE;
1.2. If you purchase your Ohme Product or are registered or resident in the Republic of Ireland, your agreement is with Ohme Operations Ireland Limited of 74 Penrose Wharf, Penrose Quay, Cork, Republic of Ireland;
1.3. If you purchase your Ohme Product and are registered and resident elsewhere your agreement is with Ohme Operations Ireland Limited of 74 Penrose Wharf, Penrose Quay, Cork, Republic of Ireland.
In each case, the relevant Ohme entity is referred to in these terms as “Ohme”, “we”, “us” or “our”..
2. Our Contract with you.
2.1. These Terms apply to any order placed by you for the supply of Ohme Product(s) by us to you and your use of the Service (defined below). No other terms are implied by trade, custom, practice or course of dealing.
3. What we do.
3.1 We aim to enable you to save you money, help the environment and extend your electric vehicle battery life by helping you to control the timing and speed of charging when you recharge your electric vehicle.
3.2. We do this by supplying an Ohme intelligent EV products (“Ohme Products”) which must be used with our mobile software application ‘Ohme – Intelligent EV charger’ and integrations with devices such as the Ohme Alexa Skill (“App”) to remotely set your preferred profile for charging your electric vehicle battery (“Service”).
4. Why do we need these Terms?
4.1. Where we refer to “you” in these Terms this means any person who purchases a Ohme Product and accesses or uses the Service and/or the Website and any person who creates an account with us (please see the ‘How do you access the Service?’ section below and https://www.ohme-ev.com/terms-conditions/ for more information).
4.2. These Terms apply to access and use of the Website, the App, the purchase of Ohme Product(s) and your use of the Service and together with the App end user terms (“App Terms”) which are available here (https://www.ohme-ev.com/terms-conditions/) and Privacy Notice which together form the contract between you and us.
4.3. The App Terms will apply in addition to these Terms when you are using the App to access the Service.
4.4. The App Terms also contain important information about the limitations of our responsibilities in respect of third party content and restrictions on your use of the App. These provisions also apply to the operation of the Website. Please review these carefully before using the Website or the App.
4.5. Our Privacy Notice is available here (https://www.ohme-ev.com/privacy-policy/) and explains how we may use your personal data in relation to the Website, the Service, the App and your purchase of the Ohme Product(s).
5. How do you access the Service?
5.1. When you receive an Ohme Product you will need to download the App and create a user account (“Account”) in order to access the Service.
5.2. You must keep your Account login details confidential. You are responsible for all activities that occur under your Account.
5.3. All information you input into your Account or the App including any vehicle registration information must be accurate at all times.
5.4. If you know or suspect that anyone other than you knows your Account login details, please notify us as soon as possible by emailing email@example.com.
5.5. All information within your Account and generated by your use of the App will be available to us.
5.6. We can disable your Account at any time if we find out that your Account is being used in a way that is not compliant with these Terms.
6. How do you use the Service?
6.1. You can create charge schedules based on your daily routine and monitor the charging of your vehicle. Please be aware that the App may automatically update a charge profile if it determines that the charge schedule you have chosen is not achievable within the given timeframe.
6.2. Cost based charging schedules will only apply when you are using a time-of-use electricity tariff at the charging point.
6.3. The Service may also adjust charging based on the electricity system conditions.
6.4. Ohme Product is designed to operate in co-ordination with grid demands and the charging rate may be limited for brief periods to facilitate the need to manage the electrical demand.
7. Support and contacting us.
7.1. If you experience problems purchasing the Ohme Product, using the Website, the Service, or the Ohme Product you can get in touch using the App’s integrated chat function which is available between 09:00 to 18:00 (GMT) or email our support team at firstname.lastname@example.org.
7.2. We may ask you to complete short surveys from time to time when you log into the App to assist us in improving your user experience and fix issues that arise with the App or Website.
8. Our Charges.
8.1. The price of our Ohme Product (which includes VAT) will be the price indicated on the order pages when you placed your order or will be communicated to you by us or an Ohme partner. All price information may be subject to change.
8.2. Ongoing GSM connectivity costs are included in the price of any Cable or Wall Charger ordered before 1 March 2020 for the lifetime of the Product. Ongoing GSM connectivity costs for 3 years are included in the price of any Cable or Wall Charger ordered on or after 1 March 2020. Ongoing GSM connectivity costs included in the pricing of any Cable or Wall Charger ordered on or after 1 July 2020 will be indicated on the order pages when you placed your order or will be communicated to you by us or an Ohme partner.
8.3. We do not currently charge a fee to download the App or for using the Service.
8.4. We may decide to introduce a fee for downloading the App or using the Service in the future. We will always let you know in advance of any changes in our fees and will give you the opportunity to decide whether you want to continue using the Service.
9. Placing an order and how to pay.
9.1. You can purchase Ohme Products from us by placing an order through our Website or one of our Ohme partners.
9.2. If you are purchasing an Ohme Product through our Website, please follow the onscreen prompts to place an order.
9.3. Our order process allows you to check and amend any errors before submitting your order to us. Each order placed is an offer by you to buy Ohme Product(s) subject to these Terms. Please check the order carefully before confirming it. You are responsible for
ensuring that your order is complete and accurate.
9.4. You will receive an email from us to confirm we have accepted your order. This email will make reference to the order number that we will assign when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
9.5. If we cannot accept your order, we will email you to let you know and will not charge you for the Ohme Product. A reason for not accepting your order might be because:
9.5.1. the Ohme Product is out of stock;
9.5.2. of unexpected limits on our resources which we could not reasonably plan for;
9.5.3. we have identified an error in the price or description of the Ohme Product;
9.5.4. we are unable to meet a delivery deadline you have specified.
9.6. By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
10. Delivery of the Ohme Products.
10.1. We aim to send all orders within 2 working days (subject to stock availability) from acknowledgment of your order. You will receive an email once your order has been sent. We can only post orders to mainland Great Britain. Any delivery charges will be brought to your attention before you submit your order.
10.2. Delivery is complete once the Ohme Product(s) have been delivered to the address for delivery set out in your order and the Ohme Product will be your responsibility from that time.
10.3. We do not accept any responsibility for late delivery of the Ohme Product(s).
10.4. You own the Ohme Product(s) once we have received payment in full, including of all applicable delivery charges.
11. Changing your order.
11.1. We are unable to make any changes or amendments to orders once they have been processed.
11.2. If you wish to add items to your order, you will have to place a separate order. Any additional orders will be subject to separate postal charges.
12. Returning your order.
12.1. You have a legal right to change your mind and receive a full refund for any Ohme Product you buy from us up to 14 days from the date you receive it.
12.2. If you would like to cancel the order, you can let us know by contacting us by email on/or before the cancellation period has expired (14 days from the date on which you received the Ohme Product(s). We will email you to confirm we have received your cancellation. All Ohme Product(s) must be returned to us in the same condition in which you received it.
12.3. If you want to return your order because the Ohme Product(s) is faulty or was misdescribed, you have a right to get the Ohme Product(s) repaired or replaced or to get some or all of your money back.
12.4. Once you have notified us that you wish to return the Ohme Product(s), you must return the unwanted Ohme Product(s) within 14 days of notifying us of your decision to cancel. Please return the Ohme Product(s) to Ohme Operations UK Limited, Berger
House, 36/38 Berkeley Square, London, W1J 5AE.
12.5. Once your return has been received by us we will contact you to arrange the refund or exchange. When your return is processed, we will send you a confirmation email. You will receive any refund within 14 days from the day on which we receive the Ohme Product(s).
12.6. If you return the Ohme Product(s) because they are faulty or for another reason set out above , we will refund the basic cost that you paid us to deliver the Ohme Product(s) to you.
13. Ohme Product.
13.1. The Ohme Product is supplied to you on the basis that it will be used in accordance with the user manual which accompanies the Ohme Product(s). You must read, understand and comply with the terms of the user manual.
13.2. The Ohme Product(s) are intended for use only in the United Kingdom. We do not warrant that the Ohme Product comply with the laws, regulations or standards outside the United Kingdom.
13.3. We provide a product warranty that on delivery and for a period of 12 months from delivery, the Ohme Product shall:
13.3.1. conform with the description of the Ohme Product described on the Website; and
13.3.2. be free from material defects in design, material and workmanship;
13.4. We will not be responsible for a breach of the product warranty if:
13.4.1. you make any further use of the Ohme Product after giving notice to us that the Ohme Product does not conform with the description or is defective;
13.4.2. you alter or repair the Ohme Product;
13.4.3. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
13.4.4. the Ohme Product differs from its description or specification as a result of changes made to ensure it complies with applicable statutory or regulatory requirements.
13.5. These Terms also apply to any repaired or replacement Ohme Product(s) supplied by us to you.
14. Changes to these Terms.
14.1. We may need to change these Terms from time to time. We will notify you of any change by sending you an email with details of the change or notifying you of a change when you use the Website or App. Please ensure that you review any updates to the Terms before continuing to use the Website, Service or App.
15. Changes to the Website.
15.1. The Website is made available free of charge.
15.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Website may be suspended or withdrawn or the availability of all or any part of the Website may be restricted for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
15.3. You are responsible for ensuring that anyone who accesses the Website through your internet connection is aware of these Terms and that they comply with them.
16. Ownership of Rights.
16.1. We are the owner (or the licensee) of all underlying intellectual property rights in the Ohme Product (including the software embedded) and the Website (including the material published on it).
16.2. We own all the intellectual property rights in any new materials generated from your use of the App and the Service and you automatically assign all such intellectual property rights to us.
17. How you use the Website.
17.1. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
17.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
17.3. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
17.4. If you print off, copy or download any part of the Website or App in breach of these Terms, your right to use the Website, App and Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
17.5. Although the Website and Service is accessible worldwide, it can only be used with our Ohme Products which must be used on a vehicle located in the United Kingdom. Please be aware that some, or all, of the features of the Website or Service may not work when you access them from outside of the United Kingdom.
18.1. We do not guarantee that the Website, the App or your use of the Service will be secure or free from bugs or viruses.
18.2. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
18.3. You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to the Website or App. We also do not permit attempts to gain unauthorised access to the Website, the server on
which the Website is stored or any server, computer, database connected to the Website or the attachment of the Website via a denial-of-service attack or a distributed denial-of-service attack.
18.4. Anyone involved in the above mentioned activities will be restricted from using the Website or the Service and is at risk of having committed criminal offence under the Computer Misuse Act 1990. If we become aware of any such activities, we will report them to the relevant law enforcement authorities and will have to share the identity of those involved.
19. Forum and communication with other users.
19.1. We may offer functionality that allows sharing of information through an in-App chat forum (the “Forum”). All personal information you display or communicate using the Forum becomes public information and we are not responsible for any information you choose to make public.
19.2. We can remove at any time communications that we reasonably consider to be obscene, defamatory or abusive. If you publish any content that we consider of this nature you will be responsible for any loss to you or us caused as a result.
19.3. Additionally, when using the Forum, please be aware that internet transmissions are never completely private or secure. Any message or information you send using the Forum may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
19.4. If you choose to communicate or meet with any other user by exchanging postal/email addresses, telephone numbers or otherwise via the Forum, you do so at your own risk.
19.5. Any content you upload to onto a Forum will be considered non-confidential. You will still own the rights in your content, but you license that content to us for our non-exclusive use without limitation. We will not be responsible for any royalty payments or any other compensation related to such content. We may freely use and transfer the content.
20. Restrictions on your use of the Ohme Product.
20.1. You may not use the Ohme Product, the Website or the Service for commercial purposes, for any unlawful purpose or in any way that is inconsistent with these Terms.
20.2. We do not guarantee that:
20.2.1. the Ohme Product will be compatible with all vehicles; or
20.2.2. the Ohme Product will charge your vehicle in accordance with the charge schedule.
20.3. You must not:
20.3.1. tamper with or disassemble any part of the Ohme Product;
20.3.2. remove or tamper with the SIM card provided with the Ohme Product, use an alternative SIM card that was not provided by us or use the SIM card provided with any other device; or
20.3.3. use the Ohme Product if you know or suspect that it might be damaged in any way.
20.4. You understand that all repairs to the Ohme Product(s) shall be conducted by us and you must promptly notify us of any issues you have with your Ohme Product.
20.5. Where you breach any part of these Terms we may take legal action against you.
21. Our responsibility to you.
21.1. Whilst you receive this Service free of charge we will not be responsible for any losses you suffer as a result of using our Service other than where we are required by law to remain responsible for such losses.
21.2. Other than where we are required by law to remain responsible for all losses suffered by you as a result of using the Ohme Product, our total responsibility to you under or in connection with those Terms is limited to the amount you paid for the Ohme Product.
21.3. We do not have responsibility for any loss, costs, damages which are caused by the following:
21.3.1. your use and/or misuse of our Ohme Product(s), the Website, the App or the Service, except where this is caused by our negligence;
21.3.2. the way charging schedules have been configured;
21.3.3. charging constraints, adjustments to the application of your charging schedule or adjustments to your charging schedule we make based on electric distribution system requirements;
21.3.4. an incorrectly set up device used to access the Service including any time zone configuration;
21.3.5. a fault with your vehicle;
21.3.6. a failure in the power supply or electrical distribution when an Ohme Product is charging your vehicle; or
21.3.7. third-party products and services that are beyond our control which we rely on to provide part of the Service, including installation error or damage caused by installation to physical property (e.g. the wall or electricity supply).
21.4. We do not exclude or limit in any way our responsibility to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and of satisfactory quality; supplied with reasonable skill and care; and for defective products.
22. Ending the Service.
22.1. These Terms will remain in full force and effect as long as you continue to access or use the Ohme Product or the Service, or until terminated by you or us for any reason set out in these Terms.
22.2. We may suspend or close your Account and your right to use the Website, App and/or Service if you use one of them or the Ohme Product in a way that doesn’t comply with these Terms or carry out illegal activities.
23. No rights for third parties.
These Terms are between you and us. Nobody else has any rights under these Terms (except someone you pass your guarantee on to) to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
24. Governing law and jurisdiction
24.1. By purchasing or using Products, Services or the Website you are agreeing to these terms as amended from time to time.
24.2. If your agreement is with Ohme Operations UK Limited, these Terms are governed by English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
24.3. If your agreement is with Ohme Operations Ireland Limited, these Terms are governed by Irish law and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland.
Ohme Website Terms and Conditions for the supply of Products and Services