Teal Investments Limited trading as “Brite Rapid Charge” Terms and Conditions of service

1.      General

These Teal Investments Limited trading as “Brite Rapid Charge or Brite” Terms of Use (“Terms of Use”) together with the Brite Privacy Policy govern your use of the service operated by Brite (“Service”). Service may include, but is not limited to, mobile applications provided by “Fuuse Limited” and/or websites operated by Brite under its own brand and/or under its partners’ brand through which you can find and get access to charging stations that are available in your territory, order charging keys that allow you to start the charging process at available charging stations operated by charging point operators and pay applicable fees for charging sessions you have initiated. The reference to “Brite” in these Terms of Use shall be interpreted to mean a reference to Brite and/or all its business partners that are authorized to operate parts of the Service on behalf of Brite (including but not limited to billing service providers and customer service providers).

2.      Acceptance

By charging your car or registering for the Service you automatically accept and agree with these Terms and Conditions of service, furthermore you enter into an agreement with Brite which allows you to use the Service. All transactions that are part of the Service, including but not limited to ordering of charging keys and initiating charging sessions, are governed by such agreement.

Registration without explicit acceptance of the Terms of Use is not possible.

3.      Prices

All applicable prices are valid inclusive of VAT and are indicated on the Service before the start of the charging process before a charging key is ordered or before any other transaction is initiated. Prices may be displayed as fees per kWh of consumed energy, parking fees for time of parking at the charging station, charging session starting fees and fees for time of charging. You acknowledge that the final and payable price of the charging service is directly dependent on your use, for example on the amount of consumed energy, and is, therefore, not always automatically provided before the start of the charging process.

4. Your Obligations

1. You shall use the charging station correctly and in accordance with the provided instructions and ensure that the charging station is suitable for the vehicle to be charged. Further, you shall not use charging stations that show an error message or visible defects or damages.

2. It is your responsibility to ensure that the registered payment card is valid, that it has a sufficient balance and is not blocked. If debiting is not possible, Brite reserves the right to temporarily suspend your access to the Service or part of it until the overdue balance is fully paid. Brite has the right to seek payment from you by other means, such as by sending a separate invoice for your use of the Service.

3. Upon registering on the Fuuse app, you shall provide your email address and a chosen password for logging into your Fuuse account. You must take due care to protect your password against misuse by others and promptly notify Fuuse about any detected misuse. You are responsible for keeping the password secure, for not writing the password down so that third parties can understand what it is used for, and for not using the password in any other way that allows others to gain access to the information.

4. You are responsible for complying with the specific parking restrictions and regulations at the charging station (such as, for example, the written instructions shown at the charging station, or the instructions given by the personnel of the charging station operators).

5. The electric vehicle that is charged at a charging station and the tools to be provided by you (including, for example, any power converters, adapters or cables), shall be fit for their purpose, compatible for the connection with the charging station and satisfy the applicable legal provisions. Brite is not liable towards you in case the defect or damage is caused by a defect in the electric vehicle and/or the used tools, except when such liability arises directly from negligence, gross negligence or wilful misconduct of Brite or its legal representatives or vicarious agents.

5. Charging Stations

1. You can start a charging process at the charging stations that are available through the Service by plugging in your car to a charger, selecting your charger bay number on the charger display screen followed by by tapping your payment card or by clicking start in the Fuuse mobile app (after you have added a valid payment card to the app).

Scanning the QR code located on each charger will redirect you to a payment page in the Fuuse web app.

2. Overstay fees will apply and will be communicated at the charging station and in the app.

3. The availability of charging stations is subject to change.

4. The payment function of the application, as well as the charging key, operates only within the Brite network.

6. Billing and Payment

1. The invoiced amount is immediately due for payment billed per each individual charging process directly after it has been completed.

2. For business fleet customers, the billing of the charging processes activated within a calendar month takes place at the beginning of the following month (subject to credit approval and acceptance).

3. For business fleet customers Brite sends invoices to you by email. All already issued invoices are also accessible in your user account within the Service.

4. You can obtain information regarding standing balance from the current month that has not yet been invoiced by logging into your account.

5. Where a user taps their bank card without an account an amount of money will be pre-authorised on their bank card to satisfy payment at the end of the charging period. Any amounts owed at the end of the charge in excess of the preauthorised amount will be charged against the card.  

7. Notification Obligations

1. You are obligated to immediately notify Brite if you believe that your account or the charging key has been used by an unauthorized person or in an unauthorized manner.

2. In the event of the loss of your charging key or the mobile phone on which the application operated by Brite has been installed, you shall immediately notify Brite. If you do not give such notification and the charging key or the mobile phone in question remains in illegitimate use, Brite reserves the right to claim incurred losses as a damage from you in accordance with statutory law. For the sake of clarity, this clause does not constitute additional claims for damages against you as a consumer, but only reserves the right to claim damages under statutory law.

3. Brite will block the charging key following receipt of notification of its loss or theft and such blocked charging key cannot be reactivated. You will however be able to place an order for a new charging key with Brite, according to the then applicable terms and conditions.

8. Liability

Brite is liable for deliberate or negligent violations of life, body or health, as well as for other damages, insofar as they result from a violation of essential contractual obligations, or from deliberate or grossly negligent actions by Brite, its legal representatives or its vicarious agents. In the case of a slightly negligent violation of an essential contractual obligation, Brite is liable for the foreseeable damage, which will typically arise under this type of contract. Essential contractual obligations are obligations, whose fulfilment will enable the due performance under the contract or on whose fulfilment you relied and could reasonably rely. Brite shall not be liable for any other damages.

9. Force Majeure

Brite is not liable hereunder to you for any delay or non-performance of its obligations in the event such delay or non-performance is due to official action, change in law, war, sabotage, failure or delay in delivery, irregularities in the supply of electricity, telephone connections or other traffic and communications connections and transportation, strike, boycott, pandemic, epidemic or other similar circumstances beyond the control of Brite. The aforementioned also applies if Brite is the subject of a strike, boycott and/or blockade.

10. Termination

You may terminate your account at any moment if you no longer wish to use the Service. After termination, you will no longer have access to the Service. After providing you with a warning, Brite may terminate your account or restrict access to certain parts of the Service if you have breached these Terms of Use. The termination does not affect existing claims with respect to the charging processes that have previously taken place.

11. Ordering of Charging Key

1. Brite may offer the ordering of charging keys through the Service. The price for the charging key, the payment formalities and estimated delivery times will be shown to you during the ordering process.

12. Privacy

1. Brite respects its Customers’ privacy and is committed to protecting Customers’ personal data. Brite operates a privacy policy which informs Customers as to how Brite looks after their personal data when they visit the Site or App or use the rental services and tells Customers about their privacy rights and how the law protects them. Brite’s privacy policy is available here https://britemobility.com/privacy-policy

13. GENERAL

Each right or remedy of Brite under the Contract is without prejudice to any other right or remedy of Brite whether under the Contract or not. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable, and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect. Failure or delay by Brite in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. Any waiver by Brite of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract. This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Irish law, and the parties submit to the exclusive jurisdiction of the Irish courts.