THE ISLES OF SCILLY COMMUNITY VENTURE CIC – THE GO-EV CAR SHARE TERMS OF USE

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Version 1.5

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1. About our Terms

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1.1. These Terms are provided by the Isles of Scilly Community Venture C.I.C, with: 

1.1.1. its registered office at Porthmellon Enterprise Centre, Porthmellon, St Mary's, Isles of Scilly, TR21 0JY; 

1.1.2. its offices located at Unit 6, Porthmellon Enterprise Centre, St Mary’s, Isles of Scilly, TR21 0JY; and 

1.1.3. a company number of 10836250 

       (“we”, “us” or “our”). 

1.2. We are responsible for administering and operating GO-EV. 

1.3. These Terms explain how you may use this GO-EV application or website (each referred to as the “Application”) to reserve, rent or drive a GO-EV vehicle (the “Vehicle”) and they govern your use of the Vehicles, the GO-EV charging stations and support services. 

1.4. We have built and are responsible for providing the Application. The Vehicles are provided to you by us, the Isles of Scilly Community Venture, via the Application. We are responsible for verifying your identity and managing your access to and usage of our Vehicles. 

1.5. References to “you” or “your” mean someone who has created a user account with us, someone who has booked a Vehicle with us via the Application, a driver of our Vehicles or a customer, as applicable.

1.6. You should read these Terms carefully before using the Application. By accessing or using the Application or otherwise indicating your acceptance, you agree to be bound by these Terms and the documents referred to in them. 

1.7. If you do not agree with or accept any of these Terms, you should stop using the Application immediately.

1.8. If you have any questions about use of the Vehicles, please contact us by e-mail at carshare@ioscv.co.uk.

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THE APPLICATION

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2. Using the Application

2.1. You agree that you are solely responsible for:

2.1.1. all costs and expenses you may incur in relation to your use of the Application; and

2.1.2. keeping your password and other account details confidential.

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3. Your privacy and personal information

3.1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

3.2. Our privacy policy is available at https://www.ioscv.co.uk/carshare-privacy-policy.

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4. Accuracy of information and availability of the Application

4.1. While we try to make sure that the information provided via the Application is accurate and up-to-date, we cannot promise that it will be. Furthermore, we cannot promise that the Application will be fit or suitable for any purpose. Any reliance that you may place on the information on the Application is at your own risk.

4.2. We may suspend or terminate operation of the Application at any time as we see fit.

4.3. If you have any difficulties using the Application, please contact us at carshare@ioscv.co.uk.

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YOUR ACCOUNT

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5. Registration and verification

5.1. You can only rent a Vehicle via the Application  or drive a Vehicle if:

       5.1.1. you are a consumer customer and your residential address includes a TR21-TR25 postcode (with some limited exceptions, exercised by us at our sole discretion, for users who reside in the Isles of Scilly on a regular basis); or

       5.1.2. you are a commercial customer and your business address includes a TR21-TR25 postcode (although we will also consider prospective users that are conducting business in the Isles of Scilly for the benefit of the Islands, on a case by case basis);

       and

       5.1.3. you are aged between and including 21 and 75; 

       5.1.4. you have held a valid driving licence for at least twenty-four (24) months;

       5.1.5. you have no more than 6 points on your driving licence and no more than 3 points per endorsement;

       5.1.6. you have not had any major convictions in the past five (5) years; and

       5.1.7. you have passed our identification verification checks. 

5.2. In order to rent or drive a Vehicle you must register for and maintain an active account on the Application (an “Account”).   If your Account is suspended or terminated for any reason you must not drive any Vehicles.

5.3. When you register for an Account with us you will be asked to provide certain personal information, a Valid Payment Method (see “Payment” section below), a copy of both sides of your driving licence as well as a photograph of you with your driving licence and proof of address, in order for us to verify you as a user. All the information that you supply to us in creating your Account must be accurate and it is your responsibility to keep it up-to-date. 

5.4. By creating an Account with us you represent that (i) you are the person whose name and other information have been provided for the Account, (ii) you have not previously been suspended or removed from the Application; and (iii) your registration for an Account and subsequent rental of any Vehicle is in compliance with all applicable laws.

5.5. If you are a commercial customer, using the Application on behalf of an organisation or company, you represent and warrant that you have the authority to bind such organisation or company to these Terms and you agree to be bound by these Terms on behalf of such organisation or company.

5.6. Once we have verified your Account you will be able to use the Application to reserve and make payment for and drive Vehicles. 

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6. Notifying us of changes

6.1. You must notify us immediately if: 

6.1.1. there are any changes to the status of your driving licence, for example any penalty points, endorsements or pending convictions; or

6.1.2. you are involved in a traffic accident whilst driving any vehicle (not just one of our Vehicles). 

6.2. Failure to provide the notifications required under clause 6.1 may invalidate the insurance in place to cover your use of the Vehicles. 

6.3. If your driving licence is revoked at any time you shall:

6.3.1. not use the Vehicles;

6.3.2. cancel all advance bookings not yet completed; and 

6.3.3. be required to pay to us all Rental Charges due in respect of the cancelled bookings, if any.

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7. Modifying or terminating your Account

7.1. These Terms shall commence when you register for an Account and shall continue until such Account is terminated by you or us.

7.2. You may modify or terminate your Account at any time by emailing carshare@ioscv.co.uk.

7.3. We may, at our sole discretion, suspend or terminate your Account or refuse access to the Vehicles at any time. Where your account is suspended or terminated under this clause it will not affect your liability to make payment of any unpaid amounts owed to us at the date of suspension or termination. 

7.4. Suspension. If we suspend your Account, you will be unable to drive any Vehicles and all Vehicle rentals and other services that have been booked via your account will be suspended or otherwise made inaccessible until your Account is reactivated at our sole discretion, once any issues are resolved by you to our satisfaction.

7.5. Inactivity. We may terminate any Accounts which have not been active for at least twelve (12) months. 

7.6. Termination. We reserve the right to delete all data contained in a terminated Account.

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VEHICLE USAGE

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8. Advance booking and vehicle cancellation 

8.1 Vehicles must be booked in advance via the Application. The booking slot shall be referred to as the “Rental Period”.  

8.2. Pre-booked Vehicles can be cancelled at any time, however additional charges of up to 100% of a days’ Rental Charges may apply if you cancel less than two (2) hours before the start of your Rental Period. 

8.3. If you do not collect a pre-booked Vehicle, up to 100% of the rental charges for the period you have booked will apply.

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9. Charging

9.1. Each Vehicle’s designated parking bay (the “Designated Parking Bay”) will be available for free-of-charge charging during the Rental Period. Alternatively, you may use third party charging points at your own cost and expense.

9.2. You are solely responsible for ensuring that your Vehicle’s battery is sufficiently charged to meet your needs and that all charging is completed in accordance with the Vehicle manufacturer’s recommendations regarding the type, frequency and duration of charging (this information can be found in the Vehicle help-guide within each Vehicle). This includes monitoring the charging level throughout the duration of the Rental Period. 

9.3. You acknowledge and agree that the manufacturer of all charging station equipment owns all intellectual property associated with the charging station equipment and that you shall take no action that would cause any impairment of any right of ownership or interest of the manufacturer in such intellectual property.

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10. Parking and return of Vehicles

10.1. The location of each Vehicle’s Designated Parking Bay is identified on the Application. 

10.2. During any Rental Period the Vehicle must be parked lawfully in accordance with the applicable highway code. At the end of the Rental Period you must return the Vehicle to the Designated Parking Bay and plug it into the charging station available there. Any extension of the Rental Period must be agreed in advance of the expiry of the existing Rental Period. 

10.3. All Vehicles must be returned in a clean and tidy condition, with all personal possessions removed, and all documents and accessories that were in the Vehicle at the start of the Rental Period left inside of the Vehicle. Failure to do so may result in a cleaning fee to cover all associated costs plus an additional £25 administration fee which represents our estimated administration costs and expenses. 

10.4. If you are going to be late returning the Vehicle to a Designated Parking Bay, you must contact us using the contact details provided in the Vehicle help-guide within each Vehicle, as soon as possible. We may charge you a late drop-off fee of:

10.4.1. if you are less than 30 minutes late, an additional hours’ Rental Charges; or 

10.4.2. if you are 30 minutes or more late, additional time will be rounded up to the relevant full hour and all additional hours will be charged at double the standard hourly rate. 

10.5. If you are unable to return a Vehicle to a Designated Parking Bay (for example, you have to leave it on your private property), and you ask that we pick that Vehicle up, we may charge you a pick-up fee to cover all associated costs plus an additional £25 administration fee which represents our estimated administration costs and expenses.

10.6. If you abandon a Vehicle and fail to return it to a Designated Parking Bay you will be responsible for all associated costs until it has been recovered plus an additional £25 administration fee which represents our estimated administration costs and expenses.

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11. Usage and restrictions

11.1. You agree to comply with all applicable laws, regulations and government guidance when accessing or using the Vehicles, and you may only access or use the Vehicles for lawful purposes.

11.2. During the Rental Period you are responsible for the Vehicle as well as any parking tickets, speeding fines or other penalties issued in relation to your use of the Vehicle. If we are notified of such ticket, fine or penalty we will confirm which user this relates to before notifying the relevant authorities or other third party of the user’s identity. 

11.3. Unless agreed with us in advance in writing, the Vehicles shall not be used for the purposes of financial gain arising directly from use of the Vehicle, for example use of the Vehicles to provide taxi services. 

11.4. You shall: 

11.4.1. if you are the person responsible for making a booking via your Account, only allow additional users to drive a Vehicle where that additional user has registered for and maintains an active account; 

11.4.2. at all times use due care and skill when driving the Vehicles;

11.4.3.  familiarise yourself and use the Vehicles in accordance with the Vehicle help-guide contained within each Vehicle;

11.4.4. fully inspect the exterior and interior of the Vehicle prior to driving it and report any Vehicle damage noticed by emailing carshare@ioscv.co.uk or using the telephone number provided within the Vehicle help-guide;

11.4.5. immediately upon becoming aware of any further damage to a Vehicle, report such damage to us emailing carshare@ioscv.co.uk, whether or not such damage was caused by you (this includes damage to the Vehicle’s exterior, interior, tyres or windscreen). If any such damage will impact the next user’s ability to use the Vehicle this damage should also be notified to us using the telephone number provided within the Vehicle help-guide;

11.4.6. immediately upon becoming aware of a fault with a Vehicle, including if a dashboard warning light is displayed, report such fault to us using the contact details contained in the Vehicle help-guide;

11.4.7. ensure all passengers are wearing seatbelts before using a Vehicle; and

11.4.8. ensure that the Vehicle is locked and secured when not in use.

11.5. You shall not 

11.5.1. smoke inside the Vehicle;

11.5.2. drive a Vehicle whilst under the influence of alcohol or any drugs or other substance (whether legal or illegal) that may impair your ability to drive safely;

       11.5.3. use the Vehicle to:

                  11.5.3.1. carry out any crime, illegal activity or anti-social activity;

                  11.5.3.2. push or tow any other vehicle, trailer or object unless the Vehicle is properly fitted by us with a tow bar;

                  11.5.3.3. provide or receive driving lessons;

                  11.5.3.4. carry passengers in return for a financial gain (except that sharing the cost of rental with your passengers is permitted);

                  11.5.3.5. transport any materials or goods with a weight in excess of that recommended by the Vehicles’ manufacturer;

                  11.5.3.6. transport pets unless they are contained in a suitable and secure pet carrier or transported in the luggage area of the Vehicle and in each case you will be responsible for the removal of any residual pet hair;

                  11.5.3.7. drive off-road, on trails, dirt tracks or on beaches;

                  11.5.3.8. carry more passengers than the number of seat belts provided; or

                  11.5.3.9. carry flammable, toxic, harmful or hazardous material of any kind; or

                  11.5.4. use the Vehicle in any way:

                  11.5.4.1. prohibited by applicable laws and regulations;

                  11.5.4.2. that could cause harm, nuisance, damage or adversely affect any person;

                  11.5.4.3. that could harm or damage our reputation or property, including the charging stations available at the Designated Parking Bays; or

                  11.5.4.4. prohibited by these Terms.

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11.6 If you soil or smoke in a Vehicle, we reserve the right to charge you a cleaning fee to cover all associated costs plus an additional £25 administration fee which represents our estimated administration costs and expenses. 

11.7 You agree and acknowledge that the Vehicles may not be cleaned between users and although we require all users to leave the Vehicles in a clean and tidy condition we are unable to guarantee that there will be no allergens present in the Vehicle, for example pet hairs. 

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12. Damage

12.1. You are responsible and liable for any loss or damage suffered by us relating to your use of the Vehicles, where you have not complied with these Terms or applicable laws.  

12.2. If you cause or are responsible for any damage to a Vehicle, we reserve the right to charge you:

12.2.1. the cost to us of replacing the Vehicle, the estimated Vehicle repair costs incurred by us or if applicable, a fee equivalent to the insurance excess payment we are required to pay in respect of such damage; and

12.2.2. a £25 administration fee which represents our estimated administration costs and expenses.

12.3. If you are a commercial customer only, we reserve the right to recover any loss of revenue or profits arising out of or in connection with any Vehicle repairs or replacements that are required as a result of damage to the Vehicle caused by you.

12.4. If you cause or are responsible for any third party property damage or personal injury suffered by third parties, including passengers in the Vehicle, this will be covered by our third party liability cover and we reserve the right to charge you a fee equivalent to the insurance excess payment that we are required to pay in respect of such damage or personal injury. 

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13. Accidents and support

13.1. In the event of an accident, emergency or any situation threatening serious injury to property or human life, immediately dial 9-9-9 and follow the instructions you are given.

13.2. If you are involved in an accident or other incident whilst using the Vehicle you must:

13.2.1. not admit any liability or guilt until you have consulted with us;

13.2.2. collect and notify us of the names and addresses of everyone involved, including witnesses;

13.2.3. photograph any damage to the Vehicle, other vehicles or other property; and 

13.2.4. provide full co-operation to us and our insurers in any investigation or subsequent legal proceedings.

13.3. In the event of any equipment malfunction or other technical issue with your Vehicle or a charging station, please call the contact number located in the Vehicle help-guide or on the charging station.

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PAYMENT

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14. Payment method

14.1. When you create an Account you will be asked to provide details of a valid debit or credit card (the “Valid Payment Method”). 

14.2. The Rental Period will be charged to the user making the booking, via their Account at our then standard hourly or day rate which will be notified to you within the Application (the “Rental Charges”). We reserve the right to change our standard Rental Charges at any time provided that the updated Rental Charges are notified to you prior to the start of your Rental Period. 

14.3. When entering your payment card details, we will submit a pre-validation request to validate your credit card.

14.4. After the end of your Rental Period, we will facilitate your payment of the applicable Rental Charges using the Valid Payment Method designated in your Account.

14.5. All charges paid by you to us under these Terms, including the Rental Charges:

14.5.1. will be inclusive of applicable taxes where required by law including VAT; 

14.5.2. are due immediately; and

14.5.3. are final and non-refundable, unless otherwise determined by us.

14.6. Your failure to maintain details of a Valid Payment Method on your Account, including having an expired payment method on file, may result in your inability to access or use the Vehicles.

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CONSUMER CANCELLATION RIGHTS

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15. Your cancellation rights if you are a consumer

You normally have the right to cancel a purchase within fourteen (14) of making it and to receive a full refund. However, you acknowledge that once you have made payment of the Rental Charges you will have already used the Vehicle and therefore will not be entitled to receive a refund. 

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INTELLECTUAL PROPERTY

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16. Legal rights in the Application

Nothing in these Terms grants you any legal rights in the Application.

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GENERAL

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17. Limitation on our liability

17.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

       17.1.1. un-insured damage to a Vehicle caused by you;

       17.1.2. any loss or damage suffered by you as a result of your failure to comply with these Terms;

       17.1.3. parking tickets, speeding fines or other traffic penalties which relate to your use of a Vehicle; or

       17.1.4. loss or damage to your personal property left in the Vehicle during or at the end of the Rental Period; and

       17.1.5. if you are a consumer:

       17.1.5.1. losses that:

       17.1.5.1.1. were not foreseeable to you and us when these Terms were formed; or

       17.1.5.1.2. that were not caused by any breach on our part;

       17.1.5.2. business losses; or

       17.1.5.3. losses to non-consumers; and

       17.1.6. if you are a commercial customer:

       17.1.6.1. loss of profits or anticipated savings; 

       17.1.6.2. loss of revenue; 

       17.1.6.3. loss or damage to reputation or goodwill; 

       17.1.6.4. loss of opportunity; 

       17.1.6.5. any loss or corruption of data or information;

in each case whether direct, indirect, special and/or consequential loss or damage; or

       17.1.6.6. for any other indirect, special or consequential loss or damage.

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18. Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; national or international pandemics; breakdown of systems or network access; or flood, fire, explosion or accident.

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19. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

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20. Variation

These Terms are dated 13th January 2023. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Application and you will be asked to accept these before proceeding to reserve or rent a Vehicle via the Application following such changes.

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21. Disputes

21.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible so that we can deal with your compliant via the following complaint handling procedure: 

21.1.1. if you wish to make a complaint, please email carshare@ioscv.co.uk; 

21.1.2. we aim to contact you within three (3) working days to acknowledge receipt of your complaint and will investigate and aim to resolve the complaint within ten (10) working days; and

21.1.3. if you are unhappy with the conclusion to your complaint, it will be passed by us to the Council of the Isles of Scilly to investigate further. If you would like to contact them directly, please email enquiries@scilly.gov.uk or write to them at Council of the Isles of Scilly, Town Hall, St Mary's, Isles of Scilly TR21 0LW.

21.2. If you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms and the law of England and Wales will apply to these Terms.