Terms of use
1. WHO WE ARE AND HOW TO CONTACT US
1.1 We are Zapmap Limited a company registered in England and Wales under company number 05960749. Our registered office is at 33 Colston Avenue, Bristol, England, BS1 4UA.
1.2 To contact us, you can visit our 'contact us' page, which contains the email addresses of our different areas of the business, as well as our customer support form.
2. TERMS OF USE
2.1 We use a number of definitions within these terms of use – a full list of these definitions can be found at Section 15.
2.2 By using the Website, the App and/or the Services, you confirm that you acknowledge, agree to and accept these terms of use and that you agree to comply with and be bound by them.
2.3 If you do not agree to these terms of use, you are not permitted to use the Website, App or Services, and you must immediately uninstall the App from your Mobile Device and refrain from using the Website and any Services.
2.4 If you access or use the Website, the App or the Services on behalf of a company/corporate entity, you represent and warrant that you have authority to bind such company/corporate entity to these terms of use and that it is fully binding on that company/corporate entity. In such case, the term “you” will refer to such company/corporate entity. If you do not have authority, you are not permitted to use the Website, App and/or Services.
3. CHANGES AND UPDATES
3.1 We may amend these terms of use from time to time. These terms of use were most recently updated in August 2024. Every time you wish to use the Website, the App or the Services, please check these terms of use to ensure you understand the terms that currently apply at that time of use.
3.2 You may not be able to use the App or some aspects of the Services until you download the latest version of the App, you accept the latest version of these terms of use or you accept any new or additional terms related to a specific aspect of the Services.
4. ACCESSING THE WEBSITE, APP AND SERVICES
4.1 You may only use the App or Services if you are 17 years of age or older. If you are under 18, you represent and warrant that your parent or legal guardian has reviewed and agreed to these terms of use on your behalf.
4.2 The Website, App and Services may only be used by individuals or authorised representatives of businesses, organisations or legal entities in good standing (and which possess the ability to enter into legally binding contracts). We do not represent or warrant that the Website, App or Services or content available on or through the Website and App are permitted by law, or is appropriate or available in any location in which we operate or from which such Website, App or Services or content are, or can be, accessed. We may limit the availability of the Website, App and Services to any person or geographic area at any time at our discretion.
4.3 You may only download and use the App on Mobile Devices which belong to you or are under your control. You are required to have a compatible Mobile Device with supported software on it to use the App, and we may ask you to update your Mobile Device or may decide to no longer support certain devices, operating systems or software.
4.4 You agree to receive push notifications from us while using the App. You may turn these notifications off at any time by selecting the appropriate menu settings on your Mobile Device. Certain Services or features of the App may use information about your physical location sent from your Mobile Device or provided by your Mobile Provider. By using the App and any Services you are providing consent to us, your Mobile Provider, and other associated third parties to access, monitor, transmit, collect, maintain, disclose, process, and use your location data to enable the relevant functionality of the App. You may withdraw this consent at any time by turning off location services, or amending your location access for the App, in the settings menu on your Mobile Device.
4.5 You may not use the Website, App or Services if:
4.5.1 you are located in a country which is subject to UK, EU, or US sanctions or embargo which impact the Website, App or Services or the use of similar services, or which has been designated a "terrorist supporting country;" or
4.5.2 you are listed on any UK, EU, or US sanctions list or list of prohibited or restricted persons.
4.6 In using the Website, App or Services, you are not permitted to:
4.6.1 use the Website, App or Services in a fraudulent or malicious way, or in any way which is unlawful or in breach of these terms of use;
4.6.2 change, modify, attempt to reverse-engineer or otherwise infringe any intellectual property rights in the Website, App or Services;
4.6.3 attempt to unencrypt or otherwise intercept any transmission of data between the Website or App and our servers;
4.6.4 use or attempt to use the Website, App or Services in any way which could disable or compromise our security or the Services or interferes with the use of the Website, App or Services by other users; or
4.6.5 download the App from anywhere other than a Store approved by us, or instal or use the App on a Mobile Device that has been jail-broken or rooted.
5. REGISTRATION, LOGIN AND SECURITY
5.1 We offer a mixture of free and 'paid-for' Services via our Website and App. Where you wish to access a paid-for service, you may need to have signed up to a subscription with Zapmap and, if so, will be able to access the paid-for services for the duration of your subscription. Any subscription renewals or cancellations must be managed directly by you through your Store account.
5.2 The Website, the App and certain free Services can be accessed by users without creating an Account. To use certain enhanced features of the Website, the App or Services, you will be required to complete a registration form to create an Account and become a Registered User.
5.3 When you register for an Account, you will create or obtain Login Details which may include a username and password. Please choose an appropriate username that does not contain any confidential or private information. You may also be asked to provide additional information as required as part of our security procedures.
5.4 We may ask you to change your Login Details from time to time as a security measure. If using your Mobile Device's stored biometric data (such as fingerprint or facial recognition data), we may ask you to manually enter your Login Details from time to time as a security measure. We do not recommend using biometric data to access the App if multiple people can access your Mobile Device.
5.5 You must treat your Login Details as confidential. You must not disclose your Login Details to anyone that is not authorised to access your Account.
5.6 You agree to provide true, accurate, current and complete information about yourself when using the Website, the App and the Services (including, without limitation, if you create an Account) and you agree to keep this information up to date and accurate at all times.
5.7 Unless caused by us, you are responsible for, and agree to indemnify us against, any loss or damage we incur arising from any unauthorised access or changes to your Account (including subscriptions purchased on your behalf) arising from shared or unauthorised access to your Mobile Device or other individuals having access to your Login Details.
5.8 If you know or suspect that anyone other than you knows your Login Details, you must promptly: (i) notify us at support@zap-map.com; (ii) change your Login Details; and (iii) inform any linked organisations, such as your Store, that the security of your Account may have been compromised.
6. INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights in the Website, App and Services
6.1 We are the owner or the licensee of all intellectual property rights in the Website, App and Services and in any material or data published on the Website and/or the App and the owner of all intellectual property rights of any nature arising out of or in connection with the use of the App, the Website or provision of the Services, including all trademarks, copyright, database rights, and other intellectual property rights (including the appearance and branding of the App and Services). Those works are protected by laws and treaties around the world. All such rights are reserved.
6.2 The intellectual property rights associated with the branding or name of the Stores remain with the applicable companies, and you may not use that intellectual property without first obtaining explicit consent to do so from the relevant company.
6.3 The Website or App may utilise or include open source software code of third party software and copyrighted material or may be subject to third party or open source licences.
6.4 We grant you a non-exclusive, revocable, non-transferable, non-sublicensable and limited right to access and use the Website, App and Services solely: (i) for your personal use (or if you are accessing and using the Website, App or Services in your capacity as an authorised representative of a business, solely for the internal business purposes of that business) and (ii) in accordance with these terms of use. At no time do you have permission to use our name or branding. Except for the limited rights to the Website, App or Services expressly granted to you under these terms of use, all other rights of Zapmap are fully reserved.
6.5 You must not (nor attempt to), nor allow any third parties to:
6.5.1 make or distribute copies of the content on the Website or App, the output of any Service or any related or underlying material, information or data (except for any content on our Website which we expressly state on our Website may be copied and distributed, in which case, you may only copy and distribute such content in accordance with the terms stated and these terms of use);
6.5.2 copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate any aspect of the Website, App or Services;
6.5.3 attempt or undertake any activity involving text or data mining, web scraping or the use of any bot, spider, scraper or automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the data used by the Website, App or Services;
6.5.4 create derivative works relating to, publicly display or perform, broadcast, stream or transmit any aspect of the Website, App or Services or any related or underlying material, information or data;
6.5.5 remove or tamper with any copyright notice attached to or contained on the Website, App or Services;
6.5.6 rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify any part of the Website, App or Services;
6.5.7 make alterations to, or modifications of, the Website or the App, or permit the Website or the App to be combined with, or become incorporate in, any other programmes;
6.5.8 sell or otherwise use or exploit for any commercial purpose any content on the Website or the App, the output of any Service or any related or underlying material, information or data; nor
6.5.9 mirror or frame any part of the Website, App or Services.
6.6 In using the Website, the App or any Services, you are solely responsible for compliance with any technology control or export laws and regulations which may apply to the technology used or supported by the Website or App.
6.7 Any materials, information or data which can be downloaded from the Website, or the App are provided to you for your information and record-keeping purposes only. You must not modify in any way any materials, information or data you have downloaded or accessed from the Website or the App and you must not use separately from any accompanying text, any illustrations, photographs, video or audio sequences or any graphics which you are permitted to use under these terms of use. Our status (and that of any identified contributors) as the authors of content on the Website and App must always be acknowledged. You must not use any part of the content on the Website or the App for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, screen shot, copy, download or use any part of the Website or the App in breach of these terms of use, your right to use the Website, the App and the Services will cease immediately and you must permanently destroy any copies of the materials you have made.
Content generated by you
6.8 You own the information, data, text, photographs, messages, posts, tags or other materials you share, send or otherwise make available on or using the Website or App or otherwise in connection with the Services (Content). You grant Zapmap an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, sub-licensable, perpetual and worldwide licence to use in any way, modify, publish and/or transmit, and to authorise third-parties to use in any way, modify, publish and/or transmit any Content and on any platform, currently available or invented in the future. We have the right to cut, crop, edit, modify or refuse to publish your Content at our sole discretion.
6.9 You agree to be bound by any code of conduct or terms of use which are applicable from time to time to any chat services, chat room, forum or similar platform we may make available from time to time and follow the applicable code of conduct or terms of use when submitting Content to, or otherwise using, such services, room, forum or platform. In addition, you represent, warrant and undertake that, in relation to all Content:
6.9.1 you are responsible for the Content, and acknowledge and agree that Zapmap has advised you not to post any confidential or personal data within any Content;
6.9.2 you have created the Content, or have received permission from, or are authorised by the owner of any part of the Content to submit it to the Website or the App;
6.9.3 the Content does not and will not infringe the intellectual property rights of any third party;
6.9.4 the Content is lawful, true, accurate and not misleading;
6.9.5 the Content is not marketing, advertising or promotional in nature nor otherwise intended to perform any form of commercial purpose; and
6.9 the Content complies with these terms of use and any applicable code of conduct or terms of use referred to above,
and you agree that you will be liable to and must indemnify Zapmap for any breach any loss or damage we incur as a result any breach of these warranties.
7. NO RELIANCE ON INFORMATION
7.1 The EV Charge Points included on our Website, App and Services are owned and controlled by CPOs who are third parties and are located on sites owned and/or operated controlled by the relevant CPOs. Information about EV Charge Points is therefore not controlled by Zapmap. We try to ensure our Website and App contains accurate and up-to-date information on the location, features and availability of the EV Charge Points shown on the Website, App and Services. However, as we are reliant on third parties, including the CPOs and other users, to inform us of any changes to location, features and availability, you acknowledge and agree that we cannot guarantee the accuracy of this information.
7.2 Our Website, App and Services also includes information and content generated by users of our Website, App and Services. We do not verify the accuracy of, nor shall we have any liability of any sort for, such user generated information or content. Any views expressed in any user generated information or content do not represent the views of Zapmap.
7.3 More generally, although we make reasonable efforts to update the information on the Website, App and Services, we make no representations, warranties or guarantees, whether express or implied, that any content or information provided on the Website, App or Services from time to time is accurate, error-free, complete or up to date.
7.4 The Website, App and Services are provided on an "as is" and “as available” basis and without warranty, representation or condition of any kind. You agree to bear all risks associated with the content made available to you via the Website, App and Services including, without limitation, any risks related to your reliance on the accuracy, completeness or usefulness of such content.
8. AVAILABILITY, SUSPENSION OF SERVICES AND TERMINATION
8.1 We do not guarantee that the Website, App or Services (or any particular content on the Website, App or Services), will always be available to you or be uninterrupted.
8.2 We may suspend, limit, withdraw, discontinue or change all or any parts or features of the Website, App and/or Services without notice. This includes the right to add or remove CPOs and to add, remove or change the details of specific EV Charge Points, as well as the right to remove Content from the App, Website or Services from time to time.
8.3 We do not guarantee that the Website, the App or the Services will be secure or free from Viruses. You are responsible for configuring your Mobile Device in order to access the App and use the Services safely. You should use and maintain your own virus protection software. You must not misuse the Website, App or Services by knowingly introducing Viruses. You must not gain (nor attempt to gain) unauthorised access to the Website or App, the server(s) on which the Website or App is stored or hosted, or any server, computer or database connected to the Website or App. You must not attack or target the Website or App via a denial-of-service attack or a distributed denial-of service attack.
8.4 We may, at any time, suspend, limit or terminate your use of the Website, App or Services (in whole or in part) temporarily or permanently. We may do this:
8.4.1 if we are making repairs, updates, or conducting maintenance on our systems;
8.4.2 if we have concerns about the security of the Website, App or Services;
8.4.3 if we know or suspect that your Login Details have been compromised or used fraudulently or in an unauthorised way;
8.4.4 if we suspect that you may be using the Website, the App or Services in a fraudulent or unauthorised way or in violation of these terms of use;
8.4.5 if there are legal obligations which we have to meet;
8.4.6 if we are prevented from providing the Website, App or Services (or any part of them) for any reason beyond our reasonable control; or
8.4.7 for any other reason at our absolute discretion.
8.5 We will endeavour to give you advance notice of any suspension or termination but may not be able to do so in all circumstances. We will not provide notice to you if providing that notice would compromise our security measures or is unlawful.
8.6 You may request the reactivation of your Account if we suspended or terminated it, but we are under no obligation to do so.
8.7 We will not be liable to you if for any reason any part of the Website, App or Services are unavailable at any time or for any period.
8.8 You can terminate your use of the App or Services at any time by uninstalling or otherwise deleting the App from your Mobile Device. It is your responsibility to remove the App from your Mobile Device if you change your Mobile Device or otherwise dispose of it. If you would like to request your Account is permanently deleted, please send us an email at support@zap-map.com with the heading Account Deletion Request.
9. LIMITATION OF LIABILITY
9.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
9.2 We shall have no liability to you under or in connection with these terms of use or otherwise in respect of your use of the Website, the App or Services (whether in contract, tort (including negligence) or any other cause) in respect of any cause of action which arises from your breach of these terms of use, your wrongful or unlawful actions or omissions (including your fraudulent activity) or as a result of us following your instructions.
9.3 We shall have no liability to you for any loss or damage which you incur under or in connection with these terms of use or otherwise in respect of your use of the Website, the App or Services which arises due to circumstances beyond our control or our need to comply with legal requirements.
9.4 Notwithstanding the provisions of these terms of use, should a court of competent jurisdiction find us liable to you in relation to your use of the Website, the App or Services and that liability:
9.4.1 relates to us not having met our obligations under applicable law to protect your personal information or keep it secure, or it relates to any obligation under applicable law which we cannot exclude (or limit, to the extent it cannot be limited), then we will be liable to the extent required by law; or
9.4.2 relates to any other cause (regardless of the form of action or timing), which arises from or relates to any free Services which we have provided to you (including, but not limited to, the Website, the App or any free Services made available through them), then we will only be liable to you for loss or damage which you personally suffer under any claim or series of connected claims arising from the same cause up to a maximum of £5.00 in the aggregate; or
9.4.3 relates to any other cause (regardless of the form of action or timing) and arises from or relates to your use of any paid for Service(s) which we have provided to you, then we will only be liable to you for loss or damage which you personally suffer under any claim or series of connected claims arising from the same cause up to a maximum amount of the actual amount paid by you to us for the relevant paid for Service(s) in the six months before the cause of action in question occurred.
9.5 We will not be liable to you (or to any other person or entity) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.5.1 any unavailability of the Website, the App or the Services; or
9.5.2 use of or reliance on any materials, data, information or content displayed on the Website or the App or accessed while otherwise using the Services.
9.6 Please note that in particular, we will not be liable for:
9.6.1 loss of profits, sales, business, agreements, contracts, revenue or business interruption;
9.6.2 any loss of data, software or information, including any loss of Content submitted by you;
9.6.3 any loss in connection with any error, omission, defect, Virus or system failure;
9.6.4 loss of anticipated savings or investment gains;
9.6.5 loss of business opportunity, goodwill or reputation; or
9.6.6 any indirect or consequential loss or damage.
9.7 We will not be liable for any loss or damage caused by a Virus which may infect your Mobile Device, computer equipment, computer programs, data or other proprietary material due to your use of the Website, App or the Services or in relation to your downloading any content from the Website or the App, or on or from any third party website linked to from the Website or the App.
9.8 We will have no liability to you for damage or alterations to your Mobile Device as a result of the installation or use of the App.
9.9 We assume no responsibility for, and will not be liable for, the content of any third party websites or apps linked on the Website or the App. Such links should not be interpreted as endorsement by us of those linked websites or apps or any products or services available or marketed through them. We are not liable for any loss or damage that may arise from your use of any such website or app or in connection with any related product or service.
9.10 All information, content, and material displayed on the Website, App or Services is provided for information purposes only and is not to be considered financial or professional advice. We are not liable to you for any loss or damage arising from action or inaction resulting from your reliance on the information, content, materials or data displayed on, or which you otherwise access using, the Website, App or Services.
9.11 To the extent permitted by law, we exclude all other conditions, warranties, representations or other terms which may apply to the Website, the App or the Services or any content on them, whether express or implied.
9.12 You agree to reimburse us for any losses we incur as a result of your breach of these terms of use or if we suffer any losses as a result of your use of the Website, the App or the Services.
10. MISCELLANEOUS
10.1 These terms of use constitute the entire agreement between you and us.
10.2 If any part of these terms of use becomes or is held by a court to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining terms which will remain in full force and effect.
10.3 Ceasing to use the Website, the App or Services, including by uninstalling or deleting the App from your Mobile Device, does not affect any provision of these terms of use which is expressly or by implication intended to remain in force.
10.4 These terms of use does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of use.
10.5 We may assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal our rights and obligations under these terms of use to another organisation at any time and at our discretion.
10.6 You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these terms of use.
10.7 No attempt by you to vary these terms of use will be valid.
10.8 Notice to us under these terms of use must be sent by post to our registered office at 33 Colston Avenue, Bristol, England, BS1 4UA. Notices to you will be sent to the last known email address that you have provided or via post to the billing address provided (if applicable).
10.9 These terms of use, their subject matter and formation (and any non-contractual disputes or claims), and the use of the Website, App and Services, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England in respect of any disputes.
11. OUR SERVICES
Free of charge Services
11.1 We currently offer some Services free of charge to all users.
11.2 We also currently offer some additional, enhanced free services to Registers Users.
11.3 All Services we make available from time to time on a free of charge basis are subject to change or withdrawal at any point without notice. We have the right, at any point and without notice, to change which Services require a subscription fee (see Section 11.4 – 11.13 below) or which Services can be accessed by users or Registered Users.
Subscription Services
11.4 To enable users to make the most of Zapmap and access enhanced functionalities and the full range of Services, we may offer paid-for subscription Services from time to time.
11.5 The associated subscription fees can be paid by users on a monthly or annual basis. All subscription fees are payable by you in advance and are non-refundable. In addition, you must also pay any VAT or other tax as required by law and charged at the rate applicable from time to time. You can change from monthly to annual subscriptions, in which case the annual rate will take effect from what would have been the next monthly billing date. We reserve the right to increase subscription fees or to institute new fees at any time upon reasonable advance notice.
11.6 Unless it has been originated via a third party provider as referred to in Section 11.7, your subscription, including any payments, is set up and controlled by the relevant Store. If you are the bill payer, please read the terms and conditions provided by the relevant Store which governs the payment, cancellation and renewal terms and conditions for the subscription. If you are not the bill payer, by purchasing the subscription, you warrant that you have obtained permission from the bill payer to purchase the subscription and any renewal. You are solely responsible for any Mobile Provider costs and taxes associated with your use of the App and Services (whether in relation to a subscription Service or any other Service).
11.7 If you receive a code to access a subscription from a third party provider:
11.7.1 please ensure you follow any activation instructions provided to you and that you do so within any specified time period;
11.7.2 the payment, cancellation and renewal terms for the subscription will as set out in the terms and conditions notified to you by the third party provider; and
11.7.3 subject to Sections 11.7.1 and 11.7.2, your access to and use of the subscription and all related Services remains subject to these terms of use.
11.8 You have the right to change your mind and receive a full refund within 14 days, known as your cooling off period. This is provided you have not logged in or otherwise redeemed or started to use the Services as a subscriber during this period. If you wish to exercise your right to cancel you should do this through your Store account.
11.9 Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with other offers. If you begin your subscription with a free trial, subscription fees will automatically be charged at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period.
11.10 Subject to our rights under Section 11.11, for so long as you have a current, paid-up subscription, you will have the right to benefit from the features and functionality specified on our website as applicable to the relevant subscription Service and, will be entitled to use of that Service throughout your applicable subscription period (which will be a month or a year depending on the subscription you have purchased). However, your right of use is, at all times, subject to any restrictions or limitations specified on our Website as being applicable to that subscription Service from time to time. If you do not have an active subscription to a given subscription Service at any point you have no right to use that Service.
11.11 We may from time to time, and in our absolute discretion, vary the features, functionality or restrictions and limitations applicable to any subscription Service or suspend or withdraw the Service by giving you written notice of the variation, suspension or withdrawal, which may include posting such notification on our website.
11.12 No refunds or credits will be provided by us, other than as set forth in these terms of use.
11.13 Your subscription is personal to you and you are not entitled to transfer it to or share it with any other person or entity.
JustPark's ‘JustCharge’ scheme
11.18 Owners have the option to list their EV Charge Point with our partner, JustPark, under its JustCharge scheme.
11.20 Zapmap is not responsible for the JustCharge scheme offered by JustPark. If you have any questions regarding the JustCharge scheme, please contact JustPark directly.
Zapmap Spark
11.22 The Zapmap Spark platform offers third party partners the ability to provide functionality such as, EV Charge Point search, EV route planning and cross-network digital payments within their own services and mobile applications using Zapmap’s platform and technology. Zapmap is not responsible for the services and mobile applications provided by our third party partners. If you have any questions regarding these services and mobile applications, please contact the relevant third party partner.
Promotions
11.23 We may from time to time make available promotional offers or discounts to certain users (or potential users) of the Website, App or Services (Promotions). In relation to any Promotion, we have the right to:
11.23.1 make the Promotion available to certain users (or potential users) but not others, according to eligibility criteria solely determined by Zapmap; and
11.23.2 structure and use the Promotion in a way that may result in users being charged different amounts for the same or similar products or services depending on whether or not they qualify for the Promotion.
11.24 You acknowledge and agree that, unless you are eligible for a Promotion according to the criteria determined by Zapmap, the rates, pricing or features of such Promotion shall not apply to you or your use of the Website, App or Services and shall not modify or affect any associated charges you are liable to pay.
11.25 If we make a Promotion available it will be subject to the terms and conditions which we publish in conjunction with that Promotion (Promotion T&C’s). Any Promotion T&C’s shall apply in addition to these terms of use but in the event, and to the extent of, any conflict or inconsistency between these terms of use and the relevant Promotion T&C’s, the Promotion T&C’s will prevail.
11.26 We may make Promotions accessible to eligible users (or potential users) using unique or generic promotional or discount codes or tokens (Promotion Codes). Any Promotion Codes:
11.26.1 are subject to these terms of use and any applicable Promotion T&C’s;
11.26.2 must only be used by users (or potential users) who meet the applicable eligibility criteria determined by Zapmap;
11.26.3 must not be sold or transferred or shared by more than one person or entity;
11.26.4 must not copied, published or made publicly available unless expressly permitted by us;
11.26.5 are subject to being suspended or withdrawn by us for any reason and at any time without prior notice or and without any liability on our part;
11.26.6 are not redeemable for cash; and
11.26.7 may expire and no longer be valid after a specified date.
12. ZAP-PAY SERVICES
12.1 The terms of this Section 12 (Zap-Pay Services) shall apply to and govern your use of Zap-Pay in addition to the other applicable sections of these terms of use. For the purposes of this Section 12 only, EV Charge Point means equipment provided by a CPO that is used to provide EV Charging Services.
12.2 If you select ‘start charging’ in our App and use Zap-Pay, you confirm that you accept the provisions of this Section 12 (Zap-Pay Services) and that you agree to comply with, and be bound by, them. If you do not agree to the provisions of this Section 12, you are not permitted to use Zap-Pay and you must refrain from using it.
Zap-Pay and its use
12.3 Zap-Pay provides a single-app payment solution which enables its users to pay for EV Charging Services at Supported EV Charge Points using our App.
12.4 You can use Zap-Pay in the following ways:
12.4.1 as a guest user – in this case, for each separate Transaction you will need to enter your email address (so we know where to send the receipt) and provide credit card details or pay using Apple Pay or Google Pay; or
12.4.2 as a Registered User – in this case, you will need to use your existing Account or to first register for an Account. If you use Zap-Pay as a Registered User you have the option to enter and store your credit or debit card details so these can be easily used for subsequent Transactions. You must ensure that any stored credit or debit card details are updated as necessary from time to time.
Where Zap-Pay can be used
12.5 Zap-Pay can only be used at Supported EV Charge Points. Not all CPO networks or EV Charge Points shown on our Website, App or Services support Zap-Pay.
12.6 We will show the Supported EV Charge Points on the Website, App or Services and update these periodically. You acknowledge and agree that the Supported EV Charge Points will be subject to change from time to time.
Provision of EV Charging Services
12.7 To enable our users to use Zap-Pay across as many different CPO networks as we can, when using Zap-Pay you may be supplied with EV Charging Services in one of two different ways:
12.7.1 Direct Transactions – under this model, we purchase EV Charging Services from the CPO and we are responsible for paying the CPO for the electricity usage and any other charges you incur. In turn, we will provide you with the EV Charging Services on a re-sale basis and you are responsible for paying us for the associated charges under a contract between you and us. In this case, we set the Applicable Tariff (as defined below) payable and will issue you with a VAT receipt from Zapmap.
12.7.2 Payment Processing Transactions – under this model, you will purchase EV Charging Services from the CPO under a separate contract for the supply and purchase of EV Charging Services between you and the CPO and you are responsible for paying the CPO for the electricity you use and any other charges you incur. Zapmap sets the Applicable Tariff payable and provides payment processing services for the CPO which means that we will collect payment from you on behalf of the CPO and we are responsible for paying the amount due to the CPO. In this case, we will issue you with a VAT receipt on behalf of the CPO.
12.8 Before you use Zap-Pay at a Supported EV Charge Point, we will inform you in the ‘start charging’ screen in the App of whether you will be purchasing the EV Charging Services under a Direct Transaction or a Payment Processing Transaction. If you select ‘start charging’ you are agreeing to the relevant type of Transaction (including the associated contractual relationships) set out in Section 12.7.1 or 12.7.2 (as applicable). If you do not agree, you are not permitted to use Zap-Pay, you must not select ‘start charging’ and you must refrain from using Zap-Pay.
12.9 We also use the Zap-Pay functionality to facilitate payment by holders of the Allstar Electric Card. If you pay for EV Charging Services with an Allstar Electric Card, Zapmap’s technology is simply being used to start and stop each charging session and the related EV Charging Services are provided under contractual arrangements between you and/or your employer and Allstar on the one hand and between Allstar and the relevant CPOs on the other. In this case, we are not party to those contracts nor involved in, or responsible for, the supply of the relevant EV Charging Services or the processing of any related payments.
Tariffs, charges and payment
12.10 The applicable tariff (expressed as the price per kWh) that you must pay when using Zap-Pay to purchase EV Charging Services will be displayed on the App under the Info. and/or Devices details for the relevant Supported EV Charge Point (the “Applicable Tariff”).
12.11 You acknowledge and agree that the Applicable Tariff:
12.11.1 is subject to change from time to time;
12.11.2 may be different (lower or higher) from the tariff payable by other users of the relevant Supported EV Charge Point who purchase EV Charging Services at that Supported EV Charge Point using a different method from Zap-Pay;
12.11.3 will vary from CPO network to CPO network; and
12.11.4 may vary between different Supported EV Charge Points within the same CPO’s network or for a given Supported EV Charge Point at different times of the day.
12.12 You authorise us to make a pre-authorisation charge on your credit or debit card for each Transaction. The amount of the pre-authorisation charge:
12.12.1 is set by us and will be displayed on the App;
12.12.2 may be different for Registered Users, non-Registered Users and subscribers to a subscription Service;
12.12.3 is subject to change from time to time;
12.12.4 will be adjusted and replaced with the actual charges payable for the relevant Transaction and the corresponding payment processed, once the charging session has been successfully completed; and
12.12.5 will automatically lapse after a set period if the payment process is not successfully completed.
12.13 You represent and warrant that, in relation to any credit or debit card you use to pay for, or attempt to pay for, Transactions using Zap-Pay, you are the named card holder or otherwise fully authorised by the named card holder to use that card.
12.14 You must ensure any credit or debit card you use to pay for, or attempt to pay for, Transactions is valid, up to date and has sufficient funds or credit available. You will not be able to use Zap-Pay to pay for EV Charging Services unless that is the case. If we are unable to process the payment for your charging session using your selected payment method, we will notify you and provide instructions for alternative ways to pay. After receiving such notification from us you must follow the steps provided and complete your payment within 7 days. Failure to complete the payment within this timeframe may result in your details being passed to a debt collection agency to assist in recovering the monies owed, and to credit reference agencies, which may impact your ability to obtain credit in the future.
12.15 Payments for all Transactions are processed using a third party payment gateway provider which is PCI DSS compliant. We therefore do not have access to or store your credit or debit card details.
12.16 You must pay all charges you incur whilst accessing and using EV Charging Services using Zap-Pay and you authorise us to charge these to your payment card. The charges are calculated, applying the Applicable Tariff, as a function of:
12.16.1 the amount of energy supplied to your vehicle (measured in kilowatt-hours or kWh);
12.16.2 the amount of time for which the EV Charging Services are supplied (if applicable);
12.16.3 any other fees or charges that are due, including but not limited to, connection fees, parking charges or overstay fees; and
12.16.4 plus, any VAT which is due (calculated at the applicable rate from time to time).
12.17 The charges payable for each Transaction will be derived from the Charge Data Record (CDR) supplied to us by the relevant CPO. Except in the case of a manifest error, the CDR will be solely determinative of the number of kWh supplied as part of each Transaction.
12.18 After a charging session has been successfully completed, we will email you a VAT receipt using the email address you provided to us. VAT receipts:
12.18.1 for Direct Transactions will be issued by us direct to you; and
12.18.2 for Payment Processing Transactions will be issued by us to you on behalf of the CPO.
12.19 In addition to the charges mentioned in Section 12.16 we also have the right to recover from you, and you must pay to us, all costs or losses we incur as a result of your breaching this Section 12 (Terms and conditions for Zap-Pay) or any other part of our terms of use when you use or attempt to use Zap-Pay.
Refunds
12.20All payments you make using Zap-Pay are final and non-refundable unless we determine otherwise. However, if you have paid for EV Charging Services using Zap-Pay at a Supported EV Charge Point but have been unable to charge your vehicle or if you have been incorrectly charged, then you can request a refund for the amount incorrectly debited from your payment card.
12.21 To request a refund, you should:
12.21.1 contact our Customer Support Team using the form available at: www.zap-map.com/contact-our-support-team using 'Refund request' as the subject; and
12.21.2 describe the payment issue and provide us with as much detail about the Transaction as you can, including (as a minimum) your Zapmap username (if you are a Registered User), the location, date and time of the charging session.
12.22 All refund requests must be made within 28 days of the charging session for which the claim is being made. We will have no obligation to process or pay any refund request made after that date.
12.23 You agree that, when we investigate any refund claim you make, we are entitled to check your payment history and any previous refund claims you have made.
12.24 We aim to investigate and process all refund requests within a reasonable time. If we determine that you were unable to charge your vehicle or have been incorrectly charged, we will arrange for you the amount you are owed to be refunded to your payment card.
12.25If we have determined that a refund is due and have initiated the refund process, the refund may take up to 10 days to appear on your payment card account depending on the card issuer.
Use of EV Charge Points and compliance with relevant CPO's Terms of Use
12.26 Subject to Section 12.29, when using Zap-Pay to access EV Charging Services, you must:
12.26.1 comply with any signs, notices or directions displayed at the relevant CPO’s site including, but not limited to, parking or other restrictions; and
12.26.2 comply with and will be bound by any terms and conditions which the relevant CPO imposes. These may include terms that govern the use of the relevant CPO's EV Charge Points, access to its sites and the provision, receipt and use of its EV Charging Services (CPO Terms of Use).
12.27 We will provide you with a link to the applicable CPO Terms of Use on the ‘start charging’ screen in our App before you start to access any EV Charging Services using Zap-Pay and you are advised to access and read these. If you go ahead and select ‘start charging’, you are confirming that you accept the applicable CPO Terms of Use and that you agree to comply with, and be bound by, them. If you do not agree to the CPO Terms of Use, you are not permitted to proceed and access any EV Charging Services and must refrain from doing so.
12.28 You are solely liable for any loss or damage you cause to any EV Charge Point or otherwise while you are using or accessing any EV Charging services or attempting to do so. You acknowledge and agree that we will have no liability in relation to any such loss or damage.
12.29 When using or attempting to use a Supported EV Charge Point you must:
12.29.1 ensure that the Supported EV Charge Point is compatible with the vehicle you are charging;
12.29.2 not proceed if the Supported EV Charge Point is not working, displaying an error message or visibly damaged;
12.29.3 use and access the Supported EV Charge Point only in a responsible and lawful manner; and
12.29.4 not cause any damage to it, tamper with or modify it in any way, nor gain (or attempt to gain) unauthorised access to the Supported EV Charge Point or any EV Charging Services.
12.30 In the event, and to the extent, of a conflict between the CPO Terms of Use and the terms of Sections 12.7-12.9 (Provision of EV Charging Services) and 12.10-12.18(Tariffs, charges and payment) of this Section 12 (Zap-Pay Services), the terms of Sections 12.7-12.9 (Provision of EV Charging Services) and 12.10-12.18 (Tariffs, charges and payment) (as the case may be) will prevail.
Support
12.31 You acknowledge and agree that in respect of all Transactions:
12.31.1 Zapmap is not a CPO and does not own or control any EV Charge Points;
12.31.2 all Supported EV Charge Points from which EV Charging Services are accessed are owned and controlled by the respective CPOs;
12.31.3 the CPOs (and not Zapmap) are responsible for the operation, maintenance and availability of the Supported EV Charge Points and the delivery of the EV Charging Services;
12.31.4 if you have any problem with a Supported EV Charge Point or you need help to use it or if you have a problem or dispute relating to the EV Charging Services, you must contact the relevant CPO. We confirm that the relevant CPO (and not Zapmap) will be responsible for dealing with and resolving any such problem or dispute; and
12.31.5 if you have any form of claim in relation to a Supported EV Charge Point, your use of it or the EV Charging Services, you must bring this against the CPO and not against Zapmap. On the basis that Zapmap is not responsible for the provision of the EV Charging Services, Zapmap will have no liability to you in connection with any such claim.
12.32 If you need any support related to paying for EV Charging Services using Zap-Pay (such as help with payment failures, disputes related to incorrect charges or if you believe a refund is due) (Payment-related Support) you may contact our Customer Support Team using the form available at: www.zap-map.com/contact-our-support-team using ‘Zap-Pay Support’ as the subject.
12.33 We endeavour to make Payment-related Support available to users of Zap-Pay between the hours of 9am – 5.30pm (UK time) Monday - Friday (excluding public holidays in England) and to respond promptly to all requests for such support.
13. DATA LICENSING TERMS
Zapmap database
13.1 The Zapmap database of EV Charge Points is primarily sourced directly from the CPOs or via external contributors. Once sourced, the data is modified or adapted before inclusion in the Zapmap database. These modifications and/or adaptations include changes to the data content (in order to improve quality and coverage) and the data structure (in order to improve the efficiency of the App.)
13.2 Following modifications and adaptations of the original sources, the data then forms the Zapmap database which is covered by sui generis database rights and copyright (© 2013-2024 Zapmap Limited, All Rights Reserved).
13.3 With the exception of data sourced under a Creative Commons Share-Alike licence (see Section 13.5), the database rights will be infringed by any person who, without consent, extracts or re-utilises all or a substantial part of the contents of the database without the express written permission of Zapmap.
13.4 In addition to 'date added' information, where relevant and/or required by licence agreements, the records in the Zapmap database are attributed by the inclusion of the data source, licence type and a modification date.
Zapmap licences
13.5 Depending on its originating source, the datasets used to populate the Zapmap database are sourced under the following data agreements and licences:
13.5.1 CPO (networks) - Zapmap has partnership agreements with a wide variety of major CPOs for them to provide static data (which includes details of installed EV Charge Points) and live availability data.
13.5.2 Zapmap data contributors - additional data from Zapmap contributors is provided by contributors who have created that content or have permission from content owner to submit it to the Zapmap database. Following modifications and adaptations to the original source, the data then forms the Zapmap database (see Section 13.1-13.4).
13.5.3 National Charge Point Registry (NCR) – a small amount of data is sourced from the National Charge Point Registry and is obtained under the Open Government Licence v3.0, which is also compatible with the Creative Commons Attribution License 4.0. Following modifications and adaptations to the original source, the data then forms the Zapmap database (see Section 13.1-13.4)).
13.5.4 Open Charge Map (OCM) – some data is also sourced from Open Charge Map and is provided, with some exceptions, under Creative Commons Attribution-ShareAlike 4.0 International Public Licence which allows use and sharing of information subject to appropriate attribution. Click here for full OCM data licensing terms and conditions. Even after any modifications and/or adaptations to the original source, the Creative Commons Attribution-ShareAlike 4.0 International Public License continues to apply.
14. ADDITIONAL TERMS
14.1 To use the Website, App and Services, you will require internet connectivity and appropriate telecommunication links.
14.2 In addition to the terms set out in these terms of use, your use of the Website, App and Services will also be subject to the following terms:
14.2.1 our Privacy Policy, sets out the ways in which we collect, process and store your personal data and is deemed to be incorporated into and form part of these terms of use;
14.2.2 our Cookie Policy, sets out information about the cookies we use and the purposes for which we use them on the Website and App and is deemed to be incorporated into and form part of these terms of use;
14.2.3 the terms and conditions of the applicable Store. If you do not accept those terms and conditions, you will be unable to download the App;
14.2.4 any terms and conditions in relation to use of your Mobile Device, including those put in place by your Mobile Provider; and
14.2.5 the terms which apply to your use of the App, Website and Services under the laws of the country in which you reside and/or use the App, Website and Services.
14.3 We have the right to transfer, subcontract, assign or novate all or part of our rights or obligations under these terms of use without your consent, but this will not affect your rights under these terms of use.
15. DEFINITIONS AND INTERPRETATION
15.1 The following definitions apply to these terms of use:
Account means your personal account that is created on the Website or the App, accessible only by entering your unique and personal Login Details;
Affiliate means in relation to a Zapmap, any entity that directly or indirectly controls, is controlled by, or is under common control with Zapmap from time to time.
App means the Zapmap mobile application we make available from time to time for use by individuals and authorised representatives of businesses, and includes any Services we provide through the mobile application from time to time;
CPO means a charge point operator;
Direct Transaction means the purchase and supply of EV Charging Services under the model described in Section 12.7.1above;
EV means an electric vehicle;
EV Charge Point means the device that provides electrical charging for plug-in electric vehicles (also known as a charging station);
EV Charging Services: means charging for electric vehicles made available by a CPO at a EV Charge Point;
Login Details means the user name and password linked to your Account which you use to access the Services on the Website or App;
Mobile Device means an iOS or Android handheld mobile phone, smartphone, tablet, or other device that is made for portability;
Mobile Provider means the provider of your mobile network or other facility which you use to obtain cellular data transmission services to your Mobile Device;
Payment Processing Transaction means the purchase and supply of EV Charging Services under the model described in Section 12.7.2 above;
Registered Users means a user who has created an Account;
Services means the access we provide to you and other related services that we make available to you via the App or Website from time to time, such as search and plan functionality, Zap-Pay, and including, for the avoidance of doubt, any service we make available from time to time on a subscription basis;
Store means the digital distribution platform for mobile computer software where you downloaded the App;
Supported EV Charge Point means an EV Charge Point which supports use of Zap-Pay;
Terms of use means these terms of use as may be updated by us from time to time.
Transactions means and includes Direct Transactions and Payment Processing Transactions and a “Transaction” means a Direct Transaction or a Payment Processing Transaction;
Virus means computer viruses, trojans, worms, logic bombs, disabling code or routines, or other material which is malicious or technologically harmful;
Website means the Zapmap website which has the current URL: https://www.zap-map.com/ and any other websites we make available from time to time;
we, us, our or Zapmap means Zapmap Limited, a limited company registered in England and Wales (Registered Number: 05960749), whose registered office is at 33 Colston Avenue, Bristol, England, BS1 4UA or any Affiliate of Zapmap; and
you, your or user means the person accessing and/or using the Website, App or Services as an individual or in your capacity as an authorised representatives of a company/corporate entity.
Zap-Pay means the single-app payment solution, as made available by Zapmap from time to time, which enables its users to pay for EV Charging Services at Supported EV Charge Points;
15.2 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
15.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
15.4 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
15.5 These terms shall be binding on, and enure to the benefit of, the parties to this terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.
15.6 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
15.7 A reference to these terms of use or to any other terms or document is a reference to these terms of use or such other terms or document, in each case as varied from time to time.
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