1. Introduction

1.1 These terms and conditions (“Terms”) govern the use of electric vehicle (“EV”) charging facilities (“Arnold Clark Charge” or “Network”) provided by Arnold Clark Automobiles Limited (“Arnold Clark”, “we”, “us”, or “our”).

1.2 For the purposes of these Terms:

• 1.2.1 Booking refers to the use of the Arnold Clark mobile application (“App”) to reserve a charging session in advance. This service includes access to booking, account management, and payment features within the App.
• 1.2.2 Pay and Go refers to the ability to access Arnold Clark Charge without a prior booking, using payment methods outwith the App, including but not limited to contactless payment.
• 1.2.3 Roaming Partners refers to the third-party providers we have agreements with that allow users to access and/or pay for Arnold Clark Charge through external platforms.

• 1.2.3.1 To view our current Roaming Partners, please follow this link: [INSERT LINK]. This is subject to change at any time without prior notice, and the availability of services through these Roaming Partners may vary depending on location, technical compatibility, and the terms and conditions of the respective provider.
• 1.2.4.2 Arnold Clark is not responsible for the availability, performance, or any issues arising from the use of services provided by Roaming Partners.

1.3 By using Arnold Clark Charge, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our EV charging services.

1.4 The Services provided through Arnold Clark Charge include, but are not limited to:

• 1.4.1 Access to the Network for EV charging, either via Pay and Go or Booking;
• 1.4.2 Use of the Arnold Clark App to access the Network’s booking system (which is only available via the App);
• 1.4.3 Pricing schemes;
• 1.4.4 Map functionality to locate charge points;
• 1.4.5 Account and payment services; and
• 1.4.6 The use of customer service helplines.

2. Setting up

If using the App, the following setup steps apply. For Pay and Go users, no app setup is required.

2.1 To use Arnold Clark Charge’s Booking service, you must:

• 2.1.1 Have downloaded and installed the App on a mobile device. Please refer to www.arnoldclark.com/app for more information;
• 2.1.2 Have a qualifying user account (“Account”) on the App;
• 2.1.3 Be logged in to your Account on the App; and
• 2.1.4 Have 4G capability on your mobile device.

2.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the App, (for example, mobile data charges).

3. Using Arnold Clark Charge

3.1 You are responsible for ensuring that your EV is compatible with Arnold Clark Charge and that you use the facilities safely and responsibly

3.2 You must follow all instructions provided by us regarding the use of Arnold Clark Charge.

3.3 You are responsible for ensuring that your EV is properly maintained and in a safe condition to use our Network.

3.4 You acknowledge that we are not guaranteeing, representing or warranting the working order or suitability of Arnold Clark Charge at any given time, or that use of the App will be uninterrupted and/or free from defects.

3.5 Access to the Network is available either through Pay and Go or via a confirmed booking via the App.

3.6 Any outstanding financial charges relating to the use of the Network must be settled within 7 days. Failure to comply may result in future Network access being denied.

3.7 Use of the Network is strictly for your own personal, non-commercial use and must not be transferred, resold or otherwise made available to third parties.

3.8 We may suspend Arnold Clark Charge without prior notice in the event of technical issues or to carry out maintenance and service improvements.

3.9 You must not:

• 3.9.1 Tamper with the charge point;
• 3.9.2 Use the charge point for any purpose other than charging an electric vehicle;
• 3.9.3 Bring into or keep in the car park or within the vicinity of the charge point any motor fuel or lubricating oil (excluding fuel or oil already contained within a vehicle);
• 3.9.4 Smoke within either the car park and/or within the vicinity of the charge point; and
• 3.9.5 Keep your vehicle in the bay following the expiry of your charging session.

3.10 It is the user's responsibility to ensure that charging is carried out safely to avoid injury to any person or damage to property. You must:

• 3.10.1 Ensure that your vehicle is stationary or when using the App at our charging stations;
• 3.10.2 Notify us immediately of any safety concerns; 
• 3.10.3 Connect and disconnect charging cables in accordance with the vehicle manufacturer’s guidelines;
• 3.10.4 Ensure that connected cables do not pose a trip hazard; and
• 3.10.5 Return the charging cable to the charger at the end of the charging session.

3.11 You are fully responsible for any damage caused to the charging stations due to misuse or negligence. We reserve the right to seek reimbursement for repair or replacement costs and all other direct or indirect losses we may suffer as a result of your actions or omissions.

4. Payments

4.1 Payment may be made in the following ways:

• 4.1.1 For Booking, using the App with Apple Pay or a debit/credit card;
• 4.1.2 For Pay and Go, using contactless with a debit/credit card or Apple Pay/ Google Pay, or via one of our Roaming Partners.

4.2 Before a charging session begins, a pre-authorisation fee of £35 (thirty-five pounds sterling) will be requested from your bank. The charging session will not commence until this has been authorised.

• 4.2.1 The pre-authorisation fee will be released back to your account once the charge is complete (timescales may vary depending on your bank).

5. Tariffs

7.1 The applicable tariff will be displayed and prior to pre-authorisation and commencement of a charge session:

• 7.1.1 within the App at the time of booking; or
• 7.1.2 on the charge point for Pay and Go users.

7.2 Tariffs are subject to change.

7.3 Users will be charged based on the amount of electricity consumed and/or the duration of charging, as per the rates specified by us.

6. Suspending / Cancelling Services

6.1 We may suspend or restrict access to our App or charging sites if:

• 6.1.1 Health and safety restrictions are placed on the site, either internally or by emergency services;
• 6.1.2 We believe your account has been used in a way that breaches this agreement;
• 6.1.3 We suspect fraudulent activity; or
• 6.1.4 You do anything (or allow anything to be done) that may damage or affect the operation of the charge point or Arnold Clark Charge.

7. Ending this Agreement

7.1 We may end this agreement at any time if:

• 7.1.1 You do anything (or allow anything to be done) that may damage or affect the operation of Arnold Clark Charge;
• 7.1.2 You fail to do something fundamental under this agreement within seven days of us asking you in writing; or
• 7.1.3 We are permanently unable to provide our charging services to you.

8. Liability and Exclusions

8.1 Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:

• 8.1.1 Death or personal injury caused by negligence; and
• 8.1.2 Fraud or fraudulent misrepresentation.

8.2 We will also not be legally responsible to you for:

• 8.2.1 Any inconvenience, loss or damage resulting from service interruptions or unavailability of charging stations;
• 8.2.2 Loss of income or profits;
• 8.2.3 Loss of use of services, loss of business, or missed opportunities;
• 8.2.4 Any indirect, incidental, or consequential damages arising from the use of the service; or
• 8.2.5 Any loss or damage not directly caused by us.

8.3 We will not be legally responsible to you if we cannot provide charging because of an event outside of our control.

8.4 Except in cases of fraud or where our negligence causes death or personal injury, our liability will not exceed the amount you have paid for the services.

8.5 Nothing in this agreement affect any rights you may have that cannot be excluded by law.

9. Intellectual Property

You shall not acquire any title, rights of ownership, or interest in any intellectual property rights related to Arnold Clark Charge. No intellectual property rights are transferred or licensed under this agreement.

10. General

10.1 A person who is not a party to this agreement has no right to benefit from or enforce any of its terms.

10.2 We may utilise third-party applications and service to support Arnold Clark Charge. Your use of these third-party services is subject to their respective terms and conditions.

10.3 We reserve the right to change our third-party suppliers at any time without prior notice.

10.4 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Scotland.

10.5 The courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

10.6 We may change or withdraw network access at any time, and we may introduce new Terms to this agreement at any time.

11. Contact and Support Information

11.1 If you require assistance with Arnold Clark Charge, please contact the 24/7 customer support helpline on 01917 434625.

11.2 For non-urgent queries or feedback, or if you have any questions about these Terms, please contact us at app.feedback@arnoldclark.com.