1 § Electric Vehicle Charging Service
Stark Charge (via Stark Software International Limited, registered in England with company number 02911704, Address Sentinel House, 10-12 Massetts Road, Horley, Surrey, RH6 7DE. Contact: [email protected] hereinafter “Stark Charge”) offers via ChargePanel (ChargePanel AB, corporate identity number 556963-3182, Skeppsbron 34, 11130 Stockholm, Sweden. Contact: [email protected]) a charging service for the public (hereinafter the “Customer”) at charging stations as a third party connected to Stark Charge to control and monitor charging of electric current in public as well as private networks of charging stations.

These general terms and conditions (hereinafter the “Terms”) are aimed towards the charging service and the Customer's use of Stark Charge and apply to charging stations in networks connected to Stark Charge. Stations that are part of Stark Charge’s network can be found in the mobile application Stark Charge (hereinafter the “App”).
When using a given charging station the Customer must also comply with any terms and conditions implemented by the owner or operator of the charging station and the site on which the charging station is located.

2 § Use of the mobile application Stark Charge
Stark Charge offers a mobile application that makes it possible to find charging stations and to pay for charging at charging stations connected to Stark Charge’s network.
To use the Stark Charge App you must create a user account on the App to allow you access to the services and have an internet enabled eligible mobile device which is connected to the internet and uses a software version that supports the App.
The Customer must ensure that all account information provided is maintained as accurate, up to date and not misleading (including updating account information where details change).
The Customer is responsible for ensuring they are the only person that users their account – the Customer must not authorise anyone else to use the account on the Customer’s or anyone else’s behalf and the Customer must not assign or otherwise transfer their account.
The Customer must comply with all applicable laws.
The Customer will not:

• Use the App, services or Stark Charge network for any unlawful purpose or in any way that interrupts, impairs, damages the App, services or Stark Charge’s network or renders the same less efficient, or transfer files that contain viruses, trojans or other harmful programmes, to access or attempt to access the accounts of other Customers or to penetrate or attempt to penetrate any security measures; or
• Do anything Stark Charge reasonably considers to be disreputable or capable of damaging the reputation of Stark Charge, the App, services or Stark Charge network.

Stark Charge is under no obligation to check that any action, confirmation or instruction is made by the Customer and Stark Charge is not liable for any loss or damage arising from actions, confirmations, instructions or use of the Customer’s account and it is the Customer’s responsibility to notify Stark Charge as soon as possible where they become aware of unauthorised access to their account, their password becomes known by another person or their mobile device is lost or stolen.

Stark Charge does not have any obligation to take any action on your behalf or to notify your bank of fraudulent or unauthorised charge activity.
Stark Charge reserves the right to implement or enforce any security measures as it sees fit at the sole discretion of Stark Charge.
Stark Charge cannot guarantee that the App will be fault-free and secure or free from viruses or other harmful programmes. The Customer acknowledges and accepts this risk including without limitation the risk that a third party may gain access to the Customer’s account and account information.

The Customer may incur and is solely responsible for charges form their mobile phone network operator for downloading and using the App and the services.
Stark Charge reserves the right to at any time, without compensation to the customer, change the format, content or functionality or remove, shut down or deactivate the mobile application Stark Charge. The customer is not entitled to damages due to the outage of the Stark Charge mobile application.
Updates to the App may be issued from time to time. The Customer may not be able to use some or all of the App until they have downloaded and installed the latest version of the App and accepted any new terms. The Customer mobile device will require a suitably up to date operating system to support the App (as updated from time to time).

3 § Use of charging stations in Stark Charge’s network
The customer is responsible for connecting the correct equipment between the vehicle and the charging socket. Respective charging station owners and operators within the Stark Charge network are responsible for the charging stations compliance with applicable standards, laws, and regulations. The charging capacity is dependant on several factors, such as the technical conditions of the electric vehicle, the vehicle battery charge level and charging station capacity, of which the component with the lowest capacity will be decisive for what effect the electric vehicle can utilise.
Stark Charge cannot guarantee that it will be possible for the charging of an electric vehicle to be carried out within a maximum specified time limit or with a certain minimum effect.

4 § Availability
The charging service is available to the Customer around the clock, but in practice the possibility to charge can be limited e.g. some charging stations are not accessible at certain times due to special restrictions.
The availability of charging stations in Stark Charge's network is communicated through the App.
Stark Charge strives that the charging stations in Stark Charge’s network shall be operational to the highest extent possible. In case the charging station should be affected by technical error, Stark Charge will attempt to correct the error as soon as possible.
Stark Charge reserves the right, without compensation to the Customer, to change, limit access to, or turn off the charging service or charging station for e.g. updates, maintenance, and error correction or due to force majeure conditions outside Stark Charge’s control.

5 § Payment
Use of the Charging Service in the form of charging history is saved for the Customer in the App.
The customer is liable for payments to Stark Charge for all use of the charging service as carried out.
Please refer to the App for details of the cost of electricity supplied to you through charging points, including tariffs for individual charging points along with any charging fees (subject to change as updated on the App).
Payment for charging can be made by the payment methods indicated within the App (which are subject to change from time to time) and takes place after completion of charging. When invoicing, Stark Charge has the right to charge a reasonable fee according to Stark Charge’s current price list and, where applicable, impose statutory default interest and collection costs.
Objections to debiting must be submitted by the Customer to Stark Charge ([email protected]) including as much detail about the transaction as reasonably possible within a maximum of 14 days after completed charging. Eligible repayment is made to the same payment method as was used for payment unless expressly agreed otherwise.
Stark Charge has the right under all circumstances to suspend the Customer at any time, in cases where the payment terms are not met.

6 § Personal data
For the purposes of data protection legislation and regulations as in force from time to time, Stark Charge is the ‘data controller’ (i.e. the company who is responsible for, and controls the processing of Customer personal data).
Stark Charge will save the charging history for each Customer including information about which charging station was used, withdrawn electricity, payment amount and time for usage of the charging services.

The Customer agrees that personal data (including but not limited to the Customer’s name, address, email address, log in and password details, telephone number, location data and such other information as provided by the Customer) and data linked to the Customer's use of the charging service and the charging stations will be processed and stored by Stark Charge, other concerned companies and/or Stark Charge‘s partners in accordance with applicable Data Protection Legislation (as in force from time to time) and to the extent necessary as is required for administration and performance of the Terms with the Customer and related services. Information collected will also be processed in connection with business and product development, statistics, market and customer analyses and direct marketing provided that the customer has not notified Stark Charge that they oppose direct marketing.
Stark Charge also collect personal information when the Customer sends Stark Charge feedback, post material, contact Stark Charge for any reason, sign up to a service, purchase or enquire about goods or services. Stark Charge may also obtain sensitive personal data about the Customer if the Customer volunteers such information.

Occasionally Stark Charge may receive information about the Customer from other sources (such as credit reference agencies), which Stark Charge will add to the information held about the Customer.
Stark Charge will not ask for sensitive personal information and will only collect Customer sensitive personal information where provided by the Customer and with the Customer’s explicit consent.
Stark Charge may monitor and record communications with the Customer (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.
Stark Charge collect information about the Customer so that we can:

• identify the Customer and manage any accounts held with Stark Charge;
• process Customer transactions;
• conduct research, statistical analysis and behavioural analysis;
• carry out Customer profiling and analyse Customer purchasing preferences;
• if the Customer agrees, let the Customer know about other products or services that may be of interest to the Customer;
• detect and prevent fraud;
• do a credit check;
• customise the App and its content to the Customer’s particular preferences;
• notify the Customer of any changes to the App or to Stark Charge’s services that may affect the Customer;
• improve Stark Charge’s services; and
• ensure that Customers can access services they are subscribed to.

Stark Charge would like to send you the Customer information via the App, by post, email, telephone or text message (SMS) about products and services, competitions and special offers which may be of interest to the Customer.
Other businesses within the Stark Charge group may also send you the Customer similar marketing messages, depending on what you agree with Stark Charge or the legal basis for which Stark Charge are processing Customer personal data.
The Customer can opt out of receiving marketing from Stark Charge, or a company within the Stark Charge group, at any time.
Stark Charge may do a credit check on the Customer:

• so that Stark Charge and other companies in our group can make credit decisions about the Customer, and
• to prevent and detect fraud and money laundering.

The credit check search will be recorded on the files of the credit reference agency.
Stark Charge may also disclose information about how the Customer conducts their account to credit reference agencies and Customer information may be linked to records relating to other people living at the same address with whom the Customer is financially linked.
If the Customer provides false or inaccurate information to Stark Charge and we suspect fraud, Stark Charge will record this.
Stark Charge may disclose Customer personal data to:

• other companies within the Stark Charge group;
• Stark Charge agents, service providers and regulatory authorities;
• credit reference agents;
• law enforcement agencies in connection with any investigation to help prevent unlawful activity; and
• Stark Charge business partners in accordance with the Customer marketing preferences.

Stark Charge will use technical and organisational measures to safeguard Customer personal data.
Stark Software International Limited are certified to ISO 27001. This family of standards helps us manage your information and keep it safe and secure.
While Stark Charge will use all reasonable efforts to safeguard Customer personal data, the Customer acknowledges that the use of the internet is not entirely secure and for this reason Stark Charge cannot guarantee the security or integrity of any personal data that is transferred from the Customer or to the Customer via the internet. If you have any particular concerns about your information, please contact us (see ‘Contact Us’ below).
Stark Charge may need to transfer Customer personal data outside the European Economic Area, for the purpose of providing services. Rest assured that Stark Charge will always ensure any transfer is subject to appropriate security measures to safeguard Customer personal data.

The Customer has a number of rights in relation to the personal data Stark Charge holds. These rights include:
The Customer can request a copy of Customer information which Stark Charge hold (this is known as a subject access request). If you would like a copy of some or all of it, please:

• email or write to us (see ‘Contact Us’) – please note if you call us, we will request that you put your subject access request in writing to us with reference to subject access request within the subject header of any email/letter;
• let us have proof of your identity and address; and
• let us know the information you want a copy of, including any account or reference numbers, if you have them.

The Customer can require Stark Charge to correct any mistakes in Customer information which Stark Charge hold free of charge. If you would like to do this, please:

• email, call or write to Stark Charge (see ‘Contact Us’ below)
• let Stark Charge have enough information to identify you the Customer (eg account number, user name, registration details), and
• let Stark Charge know the information that is incorrect and what it should be replaced with.

The Customer can ask us to stop contacting the Customer for direct marketing purposes. If you would like to do this, please:

• email, call or write to Stark Charge (see ‘Contact Us’ below).
• let us have proof of your identity and address, and
• let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).

In addition the Customer has the right to be forgotten, the right to object to or restrict processing (including automated decision making and profiling) and the right of data portability. If you would like to exercise any of these rights, please:

• email, call or write to Stark Charge (see ‘Contact Us’ below);
• let Stark Charge have enough information to identify you the Customer (e.g. account number, user name, registration details); and
• let Stark Charge know sufficient information about the right you would like to exercise.
• or remove your account yourself in the app under your profile on Settings > Account details > Delete account.

7 § Liability for errors, etc.
Stark Charge is not liable for damages resulting from defects in compatibility between the Customer's Vehicle and the charging station, or due to the Customer usage of the charging service or the charging station in violation of the applicable regulations at any given time, instructions and technical requirements, as set forth in these Terms or as Stark Charge otherwise made available to the Customer.
Stark Charge is not liable for indirect damages or consequential damages attributable to damages on the Customer's property and which arises as a result of the Customer's use of the charging service or charging stations.
The customer is not entitled to damages due to the closure of a charging station or that it is out of order.

The customer is responsible for following all guidelines and requirements in accordance with the instructions provided by Stark Charge from time to time. This includes responsibility for the electric vehicle that the Customer uses in connection with the Charging Service meets all requirements for charging.
Stark Charge reserves the right to suspend or terminate the Customer’s account at any time with immediate effect for misuse of the service, if there is a suspicion of unauthorised use, or risk that the Customer does not fulfil its obligations to Stark Charge (including but not limited to payment obligations).

8 § Contract transfer
The Customer agrees that Stark Charge may, on unchanged terms, transfer in whole or in part their rights and obligations under these Terms to another company within the same group or to another party who can reasonably be expected to fulfil the obligations under the Terms in a satisfactory manner.
The Customer does not have the right to transfer all or part of their rights or obligations under the Terms in whole or in part.

9 § Validity of the Terms
The Terms apply until further notice. Stark Charge has the right to terminate the Terms with immediate effect if the Customer violates these Terms of use or uses the charging service or a charging station in such a way that inconvenience or damage arises for Stark Charge.

10 § Change of Terms
Subject to the remainder of this clause, these Terms may be amended by Stark Charge from time to time by publishing an updated version on the website and in the App. Please check the terms published on the website or in the App periodically for changes. Your continued use of the website and/or App following publication of updated Terms confirms your acceptance of the updated Terms.

The changes Stark Charge can make to these Terms, without notifying you are limited to the following:

• To reflect updates to the functionality, security, options and services available on the Website and the App;
• That are generally beneficial to, or do not have any adverse impact on, users of the services, the Website and the App;
• To reflect third party terms and conditions that apply to Stark and/or the website and the App; and/or
• That are required to reflect changes to applicable law.

Stark Charge will notify the Customer and request Customer confirmation if necessary, via the App, that you agree to the updated Terms if the updated Terms incorporate any changes beyond the above. Your continued use of the services and the App will be deemed to provide confirmation that you agree to the updated Terms.

11 § Third Party Terms
Stark Charge may use third party applications, services and software (the terms and conditions of which are incorporated into these Terms) in order to support the Customer’s use of the App, and services, including but not limited to payment services, third party debt collection agencies (to recover sums due to Stark Charge), location and map services software and market analytics software, all of which may gather and report information about you in connection with your use of the App (including but not limited to location information, device information and user content). By using the App, and/or services the Customer accepts Stark Charge’s use of such third party applications, services and software, including the sharing of necessary billing and payment related information, subject to the Clause 6.

Mapping services use the location services provided by your mobile device for the purpose of helping the Customer to locate charging points. To use mapping services you need to consent to Stark Charge and the third parties applications, services and software involved in the provision of the mapping services, accessing information about your current location by enabling location services through the permission system used by your mobile device.

12 § Intellectual Property
Ownership of all intellectual property rights in relation to the App or the services shall remain with Stark Charge and (where applicable) the third parties Stark Charge has obtained a licence from in relation to those intellectual property rights.
Any use of the intellectual property rights or the App not permitted under these Terms (including but not limited to reverse engineering, resale, transfer, modification or distribution) is prohibited.

13 § Termination
The Customer can contact [email protected] to request termination of their account.
Upon termination of the Customer’s account or deletion of the Customer’s personal data Stark Charge may be required to retain some Customer personal data to comply with legal and financial regulations. Please see Clause 6 for further details.
Stark Charge reserves the right to suspend or terminate Customer access to any of the services or the App (or any of the functionality of the services or the App), with or without cause or notice at any time.
Where a Customer account is suspended or terminated by Stark Charge as a result of breach by the Customer, the Customer will not be permitted to create a new account.
Indemnities, limitations of liabilities, intellectual property rights, ownership provisions, rules in relation to disputes and such other terms that should by their nature survive termination shall survive termination.

14 § Liability
Stark Charge provides the App and services to the Customer on an ‘as is’ basis and the Customer uses the App and the services at their own risk.
Nothing in these Terms shall limit or exclude Stark Charge’s liability for death or personal injury caused by Stark Charge’s negligence or for fraud or fraudulent misrepresentation.
To the extend permitted by law, all warranties, conditions and liabilities whether express, implied or statutory in relation to the App or services shall be excluded.
Stark Charge shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss (including but not limited to any loss of profit or loss of anticipated savings) arising under or in connection with these Terms.
Stark Charge’s total liability to the Customer in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed one penny (£0.01).

To the extend permitted by law, in no event will Stark Charge or its directors, employees, agents, partners, third party providers or any other party involved in creating, producing or delivering the services or App be liable under contract, tort (including negligence) or otherwise under or in connection with these Terms and/or the Customer’s use of or inability to use the App or services. This applies, without limitation, to any loss or damage which the Customer may suffer as a result of or in connection with:

• Any failure, defect of or damage including where caused by any charging point accessed via the Stark Charge network or any parking bay used in order to use a charging point;
• Any changes to the quantity, location or availability of charging points;
• Loss of access to, suspension of or termination of access to the App, services or any functionality;
• Unauthorised use or misuse of the Customer account for any reason where the Customer has not notified Stark Charge in writing;
• Unauthorised access to the Customer’s account or any information provided using the Customer’s access details including payment information;
• Third party damage to charging points, vehicles or any other third party property;
• Any third party software and services involved in the App, website and services, including but not limited to payment services;
• The actions or inactions of other App users;
• Any out of date or inaccurate information displayed on the App or website; and
• Bugs, viruses, trojans or similar (regardless of the source).

The Customer will be responsible to Stark Charge for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against Stark Charge by any other person as a result of the Customer’s use of the App, or services, any unauthorised access to the Customer’s account in breach of these Terms or any third party terms (see Clause 11).
The Customer acknowledges that the App is provided at no charge to the Customer and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.

15 § Severance and Waiver
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be amended such as to give its intention effect and the remaining provisions shall remain in force.
A failure or delay by Stark Charge to exercise any right or remedy under these Terms or by law shall not constitute a waiver of that right or remedy, not shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

16 § Disputes
Disputes will (where reasonably possible) be resolved primarily through negotiation and agreement between the parties.
The Terms and any disputes concerning the application, interpretation, subject matter or formation of the Terms (including non-contractual disputes or claims) shall be governed by and constructed in accordance with the law of England and Wales.
It is agreed that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or their application, interpretation, subject matter or formation (including non-contractual disputes or claims.

How to contact us
We welcome your feedback and questions. If you wish to contact us, please send an email to [email protected] or you can write to us at:
Stark Charge C/O Stark Software International Limited, Sentinel House, 10-12 Massetts Road, Horley, Surrey, RH6 7DE. Registered office is as above.