ESG
Blink is committed to sustainability.Learn More
Date of Last Revision: 02 August 2024
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE ‘TICK’ BUTTON, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR APP.
1. Who we are and what this agreement does
We are Blink Charging UK Limited, a company registered in England and Wales. Our company registration number is 09444771 and our registered office is at 45 Grosvenor Road, 1st Floor, St. Albans, AL1 3AW. Our registered VAT number is 206616035.
On these terms, we license you to use the ‘Blink Charging’ mobile application software (the App) and any updates or supplements to it. Where the context permits this interpretation, ‘the App’ also includes the content we provide to you through or within it.
2. Your privacy
We only use any personal data we collect through (and in connection with) your use of the App in the ways set out in our privacy policy. Our privacy policy will apply instead of these terms where there are differences between the two.
3. Terms and Conditions of Sale
We provide charging services booked through the App (the Services) both to consumers (i.e. individuals acting for purposes that are wholly/mainly outside of their trade, business, craft or profession) and to organisations.
Where we sell the Services to:
consumers, we do so on our standard consumer terms and conditions of sale (the Ts & Cs of Sale). If you are a consumer, the Ts & Cs of Sale and these terms form two separate contracts between us and you. However, the Ts & Cs of Sale will apply instead of these terms where there are differences between the two;
organisations, we do so on separate terms with each organisation. If:
we have a contract with an organisation;
you are engaged/employed by that organisation; and
you have been authorised by that organisation to use the App and the Services in the course of your engagement/employment by/with that organisation and are doing so,
these terms still form a contract between us and you. In this case, you legally promise (warrant) that:
the device(s) on which you have installed the App belongs to that organisation;
you will only use the App installed on those device(s) for purposes related to (and in the course of) your employment/engagement by/with that organisation; and
you will not use the App installed on those device(s) for any personal purpose. However, you are free to download and use the App on your personal devices when acting as a consumer.
4. You
To accept these terms, you must be – and you legally promise (warrant) that you are – aged 18 or older.
Unless:
we have a contract with an organisation for the provision of the Services;
you are engaged/employed by that organisation; and
you have been authorised by that organisation to use the App and the Services in the course of your engagement/employment by/with that organisation and are doing so,
you legally promise (warrant) that you:
are a consumer (i.e. an individual acting for purposes that are wholly/mainly outside of your trade, business, craft or profession);
do not intend to (and will not) use the App or the Services on behalf of anyone else;
own the device(s) on which you have installed the App.
5. Store terms also apply
The ways in which you can use the App may also be controlled by:
in the case of Apple devices, by the App Store’s rules and policies;
in the case of Android devices, by the Google Play store rules and policies.
In each case, those rules and policies will apply instead of these terms where there are differences between the two.
6. Support for the App and how to tell us about problems
If you think the App is faulty or mis-described or wish to contact us for support or any other reason, please email our customer service team at Support.UK@BlinkCharging.com.
If we have to contact you, we will do so by email using the contact details you have provided to us.
7. How you may use the App
In return for your agreeing to comply with these terms, you may:
download a copy of the App onto:
your own devices where you are a consumer; or
your own devices or those of your employer where you are engaged/employed by an organisation with whom we have a contract to provide the Services and have been authorised by that organisation to use the App and the Services in the course of your engagement/employment by/with that organisation,
and may view, use and display the App on those devices for the purposes of using the Services only;
provided that you comply with the licence restrictions (see section 13), make copies of the App for back-up purposes; and
receive and use any free update of the App (for example, incorporating ‘patches’ and corrections of errors) that we make available.
8. You may not transfer the App to someone else
We are giving you alone the right to use the App, as set out above (see section 7). You may not otherwise transfer or share the App with/to someone else (whether for money, for anything else or for free).
Before:
transferring any device on which the App is installed to someone else; and/or
allowing anyone else to use a device on which the App is installed,
you must first remove the App from it.
9. Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If you do not accept any changes, you will not be permitted to continue to use the App.
10. Account Login details
If you choose login details or use a third party login (e.g. ‘Sign in with Apple’) to create a user account via the App, you must treat the relevant login details as confidential and must not disclose them to anyone else or otherwise allow anyone else to use your user account.
Where you create a user account:
and promised (warranted) that you are a consumer, you must not use that user account for purposes related your trade, business, craft or profession;
when not acting a consumer, you must not use that user account for your personal purposes (i.e. that user account may only be used for purposes related to your trade, business, craft or profession).
If you know or suspect that anyone else knows your login details, you must promptly notify us at Support.UK@BlinkCharging.com.
11. Updates to the App
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates, you may:
not be able to use the most recent version the App;
continue to use the version of the App currently installed on your device(s).
12. We are not responsible for other websites you link to
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for them. You will need to make your own independent judgement about whether to visit/use any such independent sites, including whether to buy any products or services offered on them.
13. App Licence restrictions
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form (in whole or in part) to any person without prior written consent from us;
not copy the App, except as part of the normal use of the App (or where it is necessary for the purpose of back-up or operational security);
not:
translate, merge, adapt, vary, alter or modify, the whole or any part of the App;
permit the App (or any part of it) to be combined with (or become incorporated in) any other programs,
except as necessary to use the App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (the Permitted Objective) and provided that the information obtained by you during such activities:
is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective.
14. Acceptable use restrictions
You must:
not use the App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms;
not act fraudulently or maliciously (for example, by hacking into or inserting malicious code (such as viruses or harmful data) into the App or any operating system);
not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms).
15. Intellectual property rights
All intellectual property rights in the App throughout the world belong to us and/or our licensors and the rights in the App and are licensed (not sold) to you. You have no intellectual property rights in/to the App other than the right to use them in accordance with these terms.
‘Blink’, ‘blink’, & are all trade marks of Blink Charging Holdings UK Limited and/or Blink Holdings BV (group companies of Blink Charging UK Limited), some/all which are registered in the United Kingdom. You are not permitted to use them without our approval.
16. Our responsibility for loss or damage suffered by you
If you have promised (warranted) to us that you are a consumer (see section 4):
and use the App and/or the Services for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity;
if defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that:
you could have avoided by following our advice to apply an update offered to you free of charge; or
was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us;
and we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
If you have not promised (warranted) to us that you are a consumer. In other words, if: (a) we have a contract with an organisation for the provision of the Services; (b) you are engaged/employed by that organisation; and (c) you have been authorised by that organisation to use the App and the Services in the course of your engagement/employment by/with that organisation and are doing so, to the extent legally permissible (see the following paragraph), we shall have no liability whatsoever to you. This is because, among other things: (a) as promised (warranted) by you, the device(s) on which you installed the App belongs to that organisation; and (b) our relationship with your employer is governed by a separate contract and we and your employer have separately agreed the losses and damages for which we will be liable that arise out of, and in connection with, that contract.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors or for fraud or fraudulent misrepresentation.
Limitations to the App. The App is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking (or refraining from) any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees (whether express or implied) that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App in order to protect yourself in case of problems with the App.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the App Store) meet your requirements.
17. We may end your rights to use the App if you break these terms
We may end your rights to use the App at any time by contacting you if you have broken in a serious way any of these terms and/or any of the Ts & Cs of Sale. If we end your rights to use the App:
you must stop all activities authorised by these terms, including your use of the App;
you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
18. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
20. Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
21. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these clauses operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
22. Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we:
do not insist immediately that you do anything you are required to do under these terms; or
delay in taking steps against you in respect of your breaking this contract,
that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live outside of England and Wales, you can also bring proceedings in the courts of the jurisdiction where you are habitually resident.
