End user licence agreement
Thank you for choosing Manta Ray EV to bridge the gap between public charging networks and private residential and business charger infrastructure where owners of electric vehicle chargers (hosts) and those wanting to use them (drivers) are connected on a trusted platform.
Manta Ray EV is a platform that enables Hosts to advertise the availability of their Charger to Drivers looking to use a Host’s Charger. Hosts can charge a Rate to drivers for use of their Charger and parking and the Driver pays the Host directly through the Manta Ray EV App upon completion of a charging and parking session.
Please read these terms carefully as they govern your usage of the Manta Ray EV App as a legally binding Contract.
These terms apply to both Hosts and Drivers – although a few sections apply specifically to one or the other, as you will see. This does not mean the other user should not read those parts.
Manta Ray EV may also be referred to throughout these terms as MREV.
App – means the Manta Ray EV mobile application software and the related electric documentation.
Account – means the part of the App requiring entry of information to register you as a User.
Booking – means the point at which a platform confirms a timeslot for a Session based on availability set by the Host.
Driver – means the User looking to use a Host’s Charger to charge their EV in a Session.
Charger – means the device used to charge EVs.
Contract – means the Contract between the Host and Driver for the Driver to use a Host’s Charger and pay the applicable Rate for doing so. We shall not be a party to this Contract, nor act as agent to either Host or Driver.
EV – means the Driver’s electric vehicle.
Host – means the User advertising the availability of their Charger on the App for use by a Driver in a Session.
Commission – means the 15-20% commission we take from the Driver’s payment for a charging and parking session charge.
Driver Fee – means the 5% fee Manta Ray EV of the total fee paid by the driver to the host.
Parties – means the Host, the Driver, and Manta Ray EV.
Premises – means the property to which the Charger is fixed or stored.
Profile – means the publicly displayed part of a User’s Account where Hosts can advertise the availability and Rate of their Charger, and Drivers can display the details of their EV (for Charger compatibility checks) and Users can use the messaging service to contact each other.
Rate – means the amount of money the Host charges per unit of time in relation to a Session that the Host can set from time to time on their Profile. The Host is free to change their Rate at any time, but once a Session is booked, the Host cannot change the Rate for that Session until it is cancelled.
Session – means the period of time, the start of which being confirmed in a Booking, in which the Host’s Charger is connected and charging the Driver’s EV, and the Driver shall become liable to pay the Host for the amount of time the EV was charging at the Rate applicable for that Booking or until the EVs battery is fully charged.
Session Charge – means the sum payable by the Driver through the TPPP upon the ending of a Session. The Session Charge payment sent to the Host will be subject to Our Fee, which will be made clear in the App or the TPPP’s software, systems, or terms.
Terms – means this entire document and any linked or ancillary documents or wording mentioned in this document. If These Terms conflict with any other document mentioned, then These Terms shall prevail.
User – means a Host or Driver, or any other person accessing the App. Users may also be referred to as ‘You’
WHO WE ARE AND CONTACT INFORMATION
Manta Ray EV Limited is a company registered in England and Wales under company number 14376116. Our registered office address is 167-169 Great Portland Street, 5th Floor, London W1W 5PF, United Kingdom
Our email address is email@example.com
We provide a marketplace and platform between host and driver, as described throughout these terms. We do not act as agent to either host or driver. For any agency relationship for payment processing, please refer to the terms of our TPPP – Stripe (https://stripe.com/gb/connect-account/legal")
3.2.1 You must be at least 18 years of age to register and use the app.
3.2.2 To use the app, every user must register as either a driver or host and provide all information necessary to set up an account and profile, verify via Veriff as host and driver, and enable the TPPP to process payment transactions for sessions.
3.2.3 The TPPP will require payment card or apple and google pay details from the driver, and recipient bank details from the host for the deposit of the fees.
3.2.4 An email address and password are necessary to create and log back into an account. Users are responsible for selecting and remembering a suitably safe and secure email address and password, and to keep these secret and confidential.
3.2.5 Users are responsible for all use of their account, whether by them or a third party.
3.2.6 If you ever feel the security of your account has been compromised, then please contact us immediately using our details under clause 2 and we will take all necessary steps with the account to restore security, which may involve the deletion of the account. Please note that we cannot guarantee the retention and accuracy of information held on deleted accounts being transferred to a new account.
3.2.7 We may suspend or delete your account at any time if we suspect you are in breach of these terms.
3.2.8 All users are responsible for the continued accuracy of information on accounts including location and access to the charger(s). Any user suspicious of the accuracy of information on another user’s account should notify us of this.
3.2.10 We ask that users, particularly hosts, keep their account information of up to date to prevent inaccuracy of information, such as their address, in order to avoid breach of contract.
4. For Hosts
4.1.1 The host warrants to the driver that they are the legal and beneficial owner of the charger, or to the extent that they are not, warrant to the driver that they have all necessary permissions and authority in place to enter and give full effect to the relationship as agent to the legal and beneficial owner of the EV.
4.1.2 In addition to all other provisions in these terms, the host agrees to use the app and conduct themselves in relation to its use in the following ways, to:
Ensure the specification of their charger is accurately described and in safe and good working order to comply with any laws and regulations, insurance policies, and these terms and the contract.
Ensure the premises and surrounding area is in a safe condition and does not pose any additional health and safety hazard above that to be reasonably expected during a session (which, for the avoidance of doubt, does not take into account specific circumstances or features in relation to any particular premises, including adverse weather conditions).
Subject to any other bookings, to make the charger available for use up to 15 minutes before and during a booking.
Conduct themselves in a polite and neighbourly fashion and be as helpful and as accommodating as possible in relation to the driver’s arrival and session – MREV is designed to be contact-less and automated payments.
To make it clear to a driver any charges over and above the EV charge usage that apply to EVs, such as parking charges or the removal of the EV, which must be conducted lawfully and safely. It is entirely at the discretion of the host and the driver to agree upon any such conditions, as these terms do not provide for overstays once a booked session has ended.
4.1.3 The host agrees not to entice a driver or use the app in any way as to bypass our rights under these terms to receive our commission for your use of the app. Breach of this will involve an investigation of your activity and a right accruing to us in compensation for commission and fee that would be due to us but for your breach, plus recovery costs.
5. For Drivers
5.1.1 The driver warrants to the host that they are the legal and beneficial owner of the EV, or to the extent that they are not, warrant to the host that they have all necessary permissions and authority in place to enter and give full effect to the contract as agent to the legal and beneficial owner of the EV.
5.1.2 The driver also warrants to the host that it has all necessary insurance policies in place to indemnify the driver of any damage, whether to property, personal injury or otherwise, that constitutes a valid insurance claim in relation to the normal activities performed under the contract. This clause does not preclude the bringing of any claim by the host against the driver under this contract not covered by insurance.
5.1.3 In addition to all other provisions in these terms, the driver agrees to use the app and conduct themselves in relation to its use in the following ways, to:
Satisfy themselves that by the information provided by the host in relation to the charger, that the charger is suitable and compatible for the EV. Chargers will normally be wall mounted with an accompanying cable and plug but may require the driver to use their own cable and plug, or a ‘granny cable’. A host may refuse use of a charger if it is incompatible with the EV or could be foreseen as being misused in any other way.
Always ensure their EV when using the app complies with all laws and regulations, including but not limited to roadworthiness, vehicle tax and insurance.
Always ensure when using the app that they comply with all laws and regulations, including but not limited to a suitable driving licence and insurance, and not under the influence of drugs or other intoxicating or debilitated state as to render their use of the EV unsafe.
Arrive at any premises the charger is situated at in a safe and orderly fashion no earlier than 15 minutes before the time of the booked session, but no later than this time for the EV to be plugged in to the charger by this time to start the session in line with the booking.
Not conduct themselves in any antisocial way, including the playing of any loud or offences music.
Conduct themselves in a polite and neighbourly fashion.
Only use the charger as permitted by normal and safe operating standards. If the driver is ever unsure of how to use the charger correctly, then they should enquire with the host. If there is any foreseeable risk that use of the charger will pose a health and safety hazard, such as a damaged charging port or cable, then the driver must not connect the charger and should cancel the session in line with the cancellation policy in clause 8.
Once the EV is plugged into the charger, then swipe the Manta Ray EV NFC tag on or near the charger to start the charging. If you have allowed the car to be connected to Manta Ray EV this will happen automatically.
Ensure the EV is safe and secure to be left and unoccupied during the charging and parking session and does not pose any additional health and safety hazard above that to be reasonably expected during a session (which, for the avoidance of doubt, does not take into account specific circumstances or features in relation to any particular premises, including adverse weather conditions).
Using app and if your car was connected you can monitor the charge and arrive back at the EV and premises in a timely manner to disconnect the charger immediately after your booked Session has ended, or at any reasonably earlier time, but not to remain at the host’s premises in any way as to reasonably be considered loitering, causing a nuisance, or unwelcome by the host in any other way;
Promptly remove the EV once a booked session has ended. If an EV is left at premises after a session has ended, it is entirely at the discretion of the host and the driver to agree upon any conditions for the parking of the EV beyond the booked session, which may result in additional parking charges or the host removing the EV at cost to the driver, although these terms do not impose any penalties if the driver fails to comply with this subsection it can lead to poor reviews which affect ability to book MREV platform;
The driver shall swipe the Manta Ray EV tag attached or near the charger to end the session in the app, so that the session charge used, and parking can be calculated, and payment taken either through set payment method of apple / google pay. Failure to swipe and end session will result in the default calculation of a full battery charge reached before starting the session.
5.1.4 Not to entice a host or use the app in any way as to bypass our right under these terms to receive our commission for a session. Breach of this will involve an investigation of your activity and a right accruing to us in compensation for our commission that would be due to us but for your breach, plus recovery costs.
6.1.1 Payments are processed by our TPPP. Their terms can be found here - (https://stripe.com/gb/connect-account/legal) and may also be displayed on payment processing pages. They are set and enforced by the TPPP and we have no control over them.
6.1.2 It is the host’s responsibility to set their own pricing rate. Once a charging and parking session has been booked, the host cannot change the rate for that charging session.
6.1.3 Upon the ending of a session, as described in clause 5.3 n), the Driver’s payment card will be debited by the TPPP for the Session Charge. The TPPP will add the drivers 5% fee and deduct the commission from the host charge and the remainder of the session charge will be sent to the host.
6.1.4 Manta Ray EV Limited warrants that sufficient instructions have been provided for the TPPP to process payments as described above. We cannot be held liable for any failure by the TPPP to process payments as described above.
7. Referral Programme
7.1.1 To be eligible for the Referral Reward Programme:
You must have an active User account on Manta Ray EV;
You may not refer yourself for the Referral Program;
The referred user should not already have a user account (active or inactive) on Manta Ray EV;
The referred user should sign up for a user account using the activation link of the Referral Invitation;
You won't receive rewards if you're the driver or host on a booking with a person you refer. Additionally, if both a driver and host are referred by you, you won’t receive rewards if they book with one another.
If you refer a driver: the reward will be issued to your Manta Ray EV token balance within 14 days of your referred user's first booking beginning.
If you refer a host: the reward will be issued to your Manta Ray EV account within 14 days of the referred user's first received booking beginning.
Rewards issued to your Manta Ray EV balance can be used on the platform for discounts.
We reserve the right to close customers’ accounts of Referring or Referred Customers, if these have acquired rewards by fraud or have used or attempted to use the acquired rewards in a way that violates these terms of applicable laws.
We reserve the right to terminate the Programme or change the terms at its own discretion at any time
Fraud or abuse relating to the accrual of rewards on the platform may result in forfeiture of accrued rewards as well as cancellation of a user's account and any Manta Ray EV customer account.
Our failure to enforce a particular term does not constitute a waiver of that terms by us.
All questions or disputes regarding eligibility for the in-app rewards or the eligibility of rewards for accrual will be resolved by Manta Ray EV in its sole discretion.
8. Cancellation Policy and closing of accounts
8.1.1 Both host and driver must endeavour to honour bookings, failure to timely cancel session booked or no show will lead to negative reviews on the platform and hosts may decline your requests based on your rating. We encourage users to give at least 12 hours’ notice of a cancellation or amendment.
8.1.2 Manta Ray EV Limited does not enforce cancellation policies, and it is entirely at the host’s discretion as to how they deal with cancellations, but the review system can potentially impact your use of the platform and the availability of MREV chargers. MREV does give hosts the option of charging for all or some of the parking and charging session that was booked but not completed.
8.1.3 Any host cancellation policy should be clearly communicated by the host in writing, using text or email. Host cancellation policies and charges will be hard to enforce if not in writing. Either way, Manta Ray EV Limited cannot enforce such policies, which are entirely down to the discretion of the host, and nor shall we be liable for payment of any charges beyond the normal processing of the TPPP for Session Charges.
8.1.4 Accounts can be closed at any time, but any session fees and other rights and obligations under these terms accrued up to closure will be unaffected.
8.1.5 Should any additional terms have been agreed between host and driver conflict with terms, these terms shall prevail.
9. Complaints and disputes
9.1.1 Much like the cancellation policy above, disputes between users are to be handled directly unless the dispute concerns a material breach of our rights under terms. In which case, we may have to take legal action jointly with a user against the party in breach.
9.1.2 Although users should work with each other to resolve disputes, MREV Limited asks that they provide us with details of the nature of the dispute, particularly anything concerning the follow:
The charger being unavailable for the anticipated Session.
The charger not being as described by the host, which resulted in safety or incompatibility issues with the drivers EV.
The charger not working.
A host believing a driver is being dishonest about the time their EV was being charged.
9.1.3 If a complaint is about our conduct or the functioning of the App, then please use the contact details in clause 2, making the complaint in writing by letter or email. We will use our best endeavours to respond within 2 working days and resolve the complaint to your satisfaction.
10. Limitations and Liabilities
10.1.1 MREV Limited only acts as an independent neutral service provider and shall not be subject to any principal/agent relationship. Host and driver act on their own behalf to negotiate a contract to rent a charger and parking using the App as an online platform, and we shall not be party to, nor liable to either host or driver, for performance of that contract.
10.1.2 These terms do not create liabilities and obligations beyond that imposed by the normal laws of England and Wales in relation to EVs and other property being left at premises entirely at the owner’s risk, save as to any damage caused by a criminal act or negligence of any of the Parties.
10.1.3 Both driver and host warrant to the other and Manta Ray EV Limited that the information provided in their Account and Profile and in all correspondence in relation to a Booking are true and accurate, and not misleading in any way.
10.1.4 All Account information and user correspondence is provided by the user, and we cannot accept liability for such information.
10.1.5 Users are responsible for familiarising themselves and complying with all laws, rules, regulations, and contracts with third parties, such as insurers, in relation to these terms and the contract.
10.1.6 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 for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.1.7 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, to protect yourself in case of any problems with the App.
10.1.8 Subject to all other provisions in these terms limiting our liability, if 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.
10.1.9 Nothing in these terms limits liability where it would be unlawful to do so. This includes liability for death or personal injury caused by any party’s negligence, including the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
10.1.10 MREV Limited are not liable for business losses. Our liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in contract, tort (including negligence), misrepresentation, restitution or otherwise, is limited only to the value of any fees paid by you for a charging and parking session.
10.1.11 The app does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on 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.
10.1.12 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 and the app store) meet your requirements.
10.1.13 If our provision of the app is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
11.1.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the app may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
12.1.1 MREV Limited may need to change these terms to reflect changes in law or best practice, or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by sending you an email or SMS with details of the change or notifying you of a change when you next start the app. If you do not accept the notified changes, then you must contact us with any concerns you may have about the changes, and we will try our best to resolve any issues you may have.
12.1.2 These terms of service are meant to be read as a whole document. Each clause heading and subheading is merely there for guidance and shall not affect the interpretation of These Terms.
12.1.3 MREV Limited reserves the right to transfer and/or assign our rights and obligations under these terms by way of novation through any future merger or acquisition, or anything else. You hereby agree to any future innovation providing it will in no way affect your rights and obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
12.1.4 These terms of service shall create no third-party rights, authority, benefits, or enforceability, including any implied by the Contracts (Rights of Third Parties) Act 1999.
12.1.5 If any part of these terms remains to be enforced, this does not preclude any Party from enforcing that part later and should never be interpreted as a waiver in any way or to mean that any other part of These Terms will not be enforced.
12.1.6 If any part of these terms is found to be unlawful, illegal, invalid, or unenforceable, these terms will be read to the severance of those parts, unless doing so would substantially frustrate the purpose of these terms and create liabilities too detrimental and onerous to any party. In which case, these terms shall be terminated without giving any rise to further liabilities, but subject to all enforceable rights accruing up to the date of termination.
12.1.7 Any waiver, side agreement, or annexation to these terms must be affected and agreed to in writing by the parties to clearly relate to these terms.
12.1.8 These terms are governed by the exclusive jurisdiction of the courts of England and Wales.
THE FOLLOWING PARTS OF THESE TERMS APPLY TO THE LICENCE WE GRANT YOU TO USE THE SOFTWARE IN THE APP.
13. The App Store's terms also apply
13.1.1 The ways in which you can use the app may also be controlled by the app store from which the app was downloaded.
14. OPERATING SYSTEM REQUIREMENTS
14.1.1 This app requires any type of mobile telephone or handheld device with a minimum of 14 MB of available memory and an operating system of IOS 10 or later or Android 5.0 or later.
15. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
15.1.1 If you want to learn more about the app or have any problems using them, then please look at our support resources on our website.
15.1.2 If you think the app is faulty or misdescribed, or wish to contact us for any other reason, then please use our contact details in clause 2.
15.1.3 If we have to contact you, we will do so by email, SMS message or by pre-paid post, using the contact details you have provided in your Account.
16. HOW YOU MAY USE THE APP
16.1.1 In return for you agreeing to comply with these terms, users may:
Download or stream a copy of the app onto any number of handheld devices, and view, use and display the app on such devices for your personal purposes only. In addition, you may share the app in accordance with the rules set out in the app store’s rules on family sharing.
Use the app exactly as directed by us within the app’s User guide and these terms.
Provided you comply with these terms, make any number of copies of the app for back-up purposes only; and
Receive and use any free supplementary software code or update of the app incorporating “patches” and corrections of errors as we may provide to you.
17. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
17.1.1 We are giving you personally the right to use the app as set out above in clause 15. Whilst you may have sharing rights as set out above, you may not otherwise transfer the app to someone else, whether for money, for anything else, or for free. If you sell any device on which the app is installed, you must remove the app from it beforehand.
18 CHANGES TO THE APP
18.1.1 If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the app.
18.1.2 The app will always work with the current or previous version of the operating system (as it may be updated from time to time).
19. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
19.1.1 If you download or stream the app onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
20. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
20.1.1 By using the app, you agree to us collecting and using technical information about the devices you use the app on and related software, hardware and peripherals to improve our products.
21. WE WILL COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
21.1.1 The app makes use of location data sent from your devices. For instance, if you’re a host, then your name and address become visible to drivers via the app’s map. The host can set their availability and whether their address appears on that map, and whether their existence is even visible on the map.
21.1.2 By turning on location services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
22. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
22.1.1 The app may contain links to other independent websites and service providers (such as our TPPP) which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any apply).
22.1.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to install any products or services offered by them.
23. LICENCE RESTRICTIONS
23.1.1 You agree that you will:
Except in the course of permitted sharing (see clause 15 HOW YOU MAY USE THE APP) 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 to 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, nor permit the app or any part of them 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, decompile, 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 for your use of the app, 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 objective described in this subsection d); and
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 objective described in this subsection d).
Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the app.
24. ACCEPTABLE USE RESTRICTIONS
24.1.1 You must:
Not use the app in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or 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, including by the submission of any material (to the extent that such use is not licensed by these terms);
Not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the app.
Not use the app in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
Not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the app.
25. INTELLECTUAL PROPERTY RIGHTS
25.1.1 All intellectual property rights in the app throughout the world belong to us and the rights in the app are licensed (not sold) to you. You have no intellectual property rights in, or to, the app, other than the right to use them in accordance with These Terms.
26. WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
26.1.1 We may end your rights to use the app at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
26.1.2 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.
We may remotely access your devices and remove the app from them and cease providing you with the app and related service