Ohme Terms and Conditions (Ireland)

1. Information about us

1.1. Your agreement is with Ohme Operations Ireland Limited of Unit 74 Penrose Wharf, Penrose Quay, Cork, Republic of Ireland.

This Ohme entity is referred to in these terms as “Ohme”, “we”, “us” or “our”.

2. Our Contract with you

2.1. These Terms apply to any order placed by you for the supply of Ohme Product(s) by us to you and your use of the Service (defined below). No other terms are implied by trade, custom, practice or course of dealing.

3. What we do

3.1 We aim to enable you to save you money, help the environment and extend your electric vehicle battery life by helping you to control the timing and speed of charging when you recharge your electric vehicle.

3.2. We do this by supplying an Ohme intelligent EV products (“Ohme Products”) which must be used with our mobile software application ‘Ohme – Intelligent EV charger’ and integrations with devices such as the Ohme Alexa Skill (“App”) to remotely set your preferred profile for charging your electric vehicle battery (“Service”).

4. Why do we need these Terms?

4.1. Where we refer to “you” in these Terms this means any person who purchases a Ohme Product and accesses or uses the Service and/or the Website and any person who creates an account with us (please see the ‘How do you access the Service?’ section below and https://ohme-ev.com/terms-conditions/ for more information).

4.2. These Terms apply to access and use of the Website, the App, the purchase of Ohme Product(s) and your use of the Service and together with the App end user terms (“App Terms”) which are available here (https://ohme-ev.com/terms-conditions/) and Privacy Notice which together form the contract between you and us.

4.3. The App Terms will apply in addition to these Terms when you are using the App to access the Service.

4.4. The App Terms also contain important information about the limitations of our responsibilities in respect of third party content and restrictions on your use of the App. These provisions also apply to the operation of the Website. Please review these carefully before using the Website or the App.

4.5. Our Privacy Policy is available here and explains how we may use your personal data in relation to the Website, the Service, the App and your purchase of the Ohme Product(s).

5. How do you access the Service?

5.1. When you receive an Ohme Product you will need to download the App and create a user account (“Account”) in order to access the Service.

5.2. You must keep your Account login details confidential. You are responsible for all activities that occur under your Account.

5.3. All information you input into your Account or the App including any vehicle registration information must be accurate at all times.

5.4. If you know or suspect that anyone other than you knows your Account login details, please notify us as soon as possible by emailing [email protected].

5.5. All information within your Account and generated by your use of the App will be available to us.

5.6. We can disable your Account at any time if we find out that your Account is being used in a way that is not compliant with these Terms.

6. How do you use the Service?

6.1. You can create charge schedules based on your daily routine and monitor the charging of your vehicle. Please be aware that the App may automatically update a charge profile if it determines that the charge schedule you have chosen is not achievable within the given timeframe.

6.2. Cost based charging schedules will only apply when you are using a time-of-use electricity tariff at the charging point.

6.3. The Service may also adjust charging based on the electricity system conditions.

6.4. Ohme Product is designed to operate in co-ordination with grid demands and the charging rate may be limited for brief periods to facilitate the need to manage the electrical demand.

7. Support and contacting us

7.1. If you experience problems purchasing the Ohme Product, using the Website, the Service, or the Ohme Product you can get in touch using the App’s integrated chat function which is available between 09:00 to 18:00 (GMT) or email our support team at [email protected].

7.2. We may ask you to complete short surveys from time to time when you log into the App to assist us in improving your user experience and fix issues that arise with the App or Website.

8. Our charges

8.1. The price of our Ohme Product (which includes VAT) will be the price indicated on the order pages when you placed your order or will be communicated to you by us or an Ohme partner.  All price information may be subject to change.

8.2. Ongoing GSM connectivity costs are included in the price of any Cable or Wall Charger ordered before 1 March 2020 for the lifetime of the Product. Ongoing GSM connectivity costs for 3 years are included in the price of any Cable or Wall Charger ordered on or after 1 March 2020. Ongoing GSM connectivity costs included in the pricing of any Cable or Wall Charger ordered on or after 1 July 2020 will be indicated on the order pages when you placed your order or will be communicated to you by us or an Ohme partner.

8.3. We do not currently charge a fee to download the App or for using the Service.

8.4. We may decide to introduce a fee for downloading the App or using the Service in the future. We will always let you know in advance of any changes in our fees and will give you the opportunity to decide whether you want to continue using the Service.

9. Placing an order and how to pay

9.1. You can purchase Ohme Products from us by placing an order through our Website or one of our Ohme partners.

9.2. If you are purchasing an Ohme Product through our Website, please follow the onscreen prompts to place an order.

9.3. Our order process allows you to check and amend any errors before submitting your order to us. Each order placed is an offer by you to buy Ohme Product(s) subject to these Terms. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

9.4. You will receive an email from us to confirm we have accepted your order. This email will make reference to the order number that we will assign when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

9.5. If we cannot accept your order, we will email you to let you know and will not charge you for the Ohme Product. A reason for not accepting your order might be because:

9.5.1. the Ohme Product is out of stock;

9.5.2. of unexpected limits on our resources which we could not reasonably plan for;

9.5.3. we have identified an error in the price or description of the Ohme Product;

or

9.5.4. we are unable to meet a delivery deadline you have specified.

9.6. By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.

10. Delivery of the Ohme products

10.1. We aim to send all orders within 2 working days (subject to stock availability) from acknowledgment of your order. You will receive an email once your order has been sent. Any delivery charges will be brought to your attention before you submit your order.

10.2. Delivery is complete once the Ohme Product(s) have been delivered to the address for delivery set out in your order and the Ohme Product will be your responsibility from that time.

10.3. We do not accept any responsibility for late delivery of the Ohme Product(s).

10.4. You own the Ohme Product(s) once we have received payment in full, including of all applicable delivery charges.

11. Changing your order

11.1. We are unable to make any changes or amendments to orders once they have been processed.

11.2. If you wish to add items to your order, you will have to place a separate order. Any additional orders will be subject to separate postal charges.

12. Returning your order

12.1. You have a legal right to change your mind and receive a full refund for any Ohme Product you buy from us up to 14 days from the date you receive it.

12.2. If you would like to cancel the order, you can let us know by contacting us by email on/or before the cancellation period has expired (14 days from the date on which you received the Ohme Product(s)). We will email you to confirm we have received your cancellation. All Ohme Product(s) must be returned to us in the same condition in which you received it.

12.3. If you want to return your order because the Ohme Product(s) is faulty or was misdescribed, you have a right to get the Ohme Product(s) repaired or replaced or to get some or all of your money back.

12.4. Once you have notified us that you wish to return the Ohme Product(s), you must return the unwanted Ohme Product(s) within 14 days of notifying us of your decision to cancel. Please return the Ohme Product(s) to:

Ohme Operations Ireland Limited, Unit B2, Fota Retail Park, Carrigtwohill, Cork, Republic of Ireland T45 W677.

You are responsible for return postage costs and are liable for the Ohme Product until it is received by us.  We recommend that you use a tracked and insured returns process.

12.5. Once your return has been received by us we will contact you to arrange the refund or exchange. When your return is processed, we will send you a confirmation email. You will receive any refund within 14 days from the day on which we receive the Ohme Product(s).

12.6. If you return the Ohme Product(s) because they are faulty or for another reason set out above , we will refund the basic cost that you paid us to deliver the Ohme Product(s) to you.

12.7. If you wish to have a replacement Ohme Product or a refund, please return the Ohme Product using the process above, and we will refund the delivery costs. You are responsible at all times for the safeguarding of the faulty Ohme Product until it has been returned to us. We will email you to confirm receipt of the returned Ohme Product.  

12.8. Where you wish to have a replacement Ohme Product, we aim to send you this within 14 days of receipt of the returned product. If the replacement Ohme Product has a higher sale price, then we reserve the right to charge you the difference between the sale price of the returned Ohme Product and the replacement Ohme Product. The replacement Ohme Product is also covered by our product warranty. Replacement does not entail an extension of the warranty period, which shall be calculated from the date of the purchase of the initial Ohme Product.  

Where you wish to have a refund, we aim to provide a refund for the faulty Ohme Product within 14 days of receipt.   

12.9. We will not repair, replace or refund any returned Ohme Products which are faulty and which are no longer covered by our warranty. By way of illustration and without limitation, we will not accept the return or replacement of a Ohme Product where the product has been been deemed faulty due to damages or defects caused by (i) improper use of the Ohme Product; (ii) exposure of the Ohme Product to environmental conditions unsuitable for its use; (iii) incorrect installation by installers who have not been expressly authorised by us; or (iv) vandalism, bad weather or damages to your own electricity supply. 

13. The Ohme product

13.1. The Ohme Product is supplied to you on the basis that it you will use it in accordance with the user manual which accompanies the Ohme Product(s). You must read, understand and comply with the terms of the user manual.  You must have sufficient mobile (3G/4G) coverage to enable intelligent charging features on your Ohme Product otherwise the Ohme Product will not work effectively.

13.2. At present the Ohme Product is to be used in countries in which Ohme operates which are the UK, Ireland, Netherlands, Belgium and France (the “Relevant Countries” and each a “Relevant Country”). These countries may be added to by Ohme from time to time as it commences operations in new countries and the list of Relevant Countries in this clause 13.2 shall be updated accordingly.

13.3. We provide a product warranty that on delivery and for a period of 12 months from delivery for Portable Charging Cables purchased in and delivered to the EU on or before 30 June 2022, for a period of 24 months from delivery for Portable Charging Cables purchased in and delivered to the EU on or after 1 July 2022, and 36 months from delivery for Home Chargers purchased in and delivered to the EU, the Ohme Product shall:

13.3.1. conform with the description of the Ohme Product described on the Website at the time of purchase; and

13.3.2. be free from material defects in design, material and workmanship;

13.4. We will not be responsible for a breach of the product warranty if:

13.4.1. you make  further use of the Ohme Product after giving notice to us that the Ohme Product does not conform with the description or is defective;

13.4.2. you alter or repair the Ohme Product;

13.4.3. you do not have sufficient mobile coverage for the Ohme Product to enable intelligent charging as described above;

13.4.4.  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

13.4.5. the Ohme Product differs from its description or specification as a result of changes made to ensure it complies with applicable statutory or regulatory requirements.

13.5. The product warranty is contingent upon the purchaser fulfilling their payment obligations in accordance with the agreed terms. In the event of non-payment, default on instalment payments, or any other breach of the payment terms outlined in the purchase agreement, the warranty coverage for the Home Charger shall be voided after 12 months from the date of delivery and Ohme thereafter reserves the right to refuse any warranty claims and deny any repair or replacement requests.

13.6. These Terms also apply to any repaired or replacement Ohme Product(s) supplied by us to you.

14. Installation

14.1.  The provisions of this Clause 14 shall only apply where Ohme provides the installation services for the Ohme Product.  These provisions will not apply, and Ohme shall not be responsible in respect of any installation matters or issues where Ohme does not offer installation services and/or where installation is carried out by a third party not arranged by Ohme.

14.2. Arranging an installation. You may request installation of your Ohme Product by requesting this through an available channel. Upon receipt of your request, we will send you a questionnaire for you to complete. You agree to do so honestly and accurately. We will use the results of the questionnaire to determine whether the installation is ‘standard’ or ‘non-standard or custom’’.  

14.3. Installation costs. For a standard installation, the cost of installation will already be included in the purchase price of the Ohme Product, or notified to you at the time of purchase, and installation will be undertaken by us at no additional cost to you. For a non-standard installation, we will send you a quote for the additional cost of installation, and when you have confirmed approval of this cost, we will book an installation time. In all cases, we will confirm your installation time by email. 

14.4. Cancelling an installation. You may cancel an installation up to 48 hours before the installation time at no cost. If you cancel an installation between 24 and 48 hours’ prior to installation, you will incur a cost equal to £50 plus VAT, and if you cancel an installation upon less than 24 hours’ notice, then you will be required to pay 100% of the installation fee.  

14.5. Installation on-site requirements. You, or if you are not present a person authorised by you who is 18 years or older (“Authorised Person”), must be on-site at the time of installation. You give permission to the Authorised Person to make any necessary on-site decisions around the installation, such as the placement of the Ohme Product or location of the cabling, on your behalf.  

14.6. You must ensure the site is safe and secure for installation prior to the installation time, and you warrant, represent and undertake to ensure that all health and safety laws have been complied with prior to the arrival on-site of the person authorised by Ohme for installation (the “Installer”).  

14.7. You are responsible for securing all appropriate permissions necessary for the installation to take place and, in some cases, we may require you to submit copies of these permissions to us for our approval in advance of installation. As part of the installation process, together we may review the cable route and on-site you may be asked to sign off digitally on the cable route agreed.  

14.8. In some circumstances, additional works may be required to be undertaken before your Ohme Product can be installed. This includes circumstances where a local distribution network operator (DNO) has notified you or us that additional work is required before the installation can go ahead. You acknowledge that such delays are outside our control. We will not be liable for any losses incurred as a result of such delays, and we are under no obligation to proceed with installation until such required works have been completed.   

14.9. Post-installation costs. Where an Ohme Product has already been installed, and additional works are required regarding that installation, for example in relation to moving the Ohme Product (and where such works are not covered by warranty), then such additional works will be chargeable and we will provide you with a quote prior to undertaking the works.  

14.10. Aborted visits. If, at the arranged time for installation, the Installer is denied entry, has waited on-site for 10 minutes or more with no response or access, or has safety concerns (including on-site safety or unsafe weather conditions) regarding the intended installation going ahead, then the Installer may choose to abort installation with no liability to you. We may choose to recover from you any reasonable costs incurred as a result of an aborted visit caused by you.  

14.11. Installation times are estimates only. You understand and agree that installation times are estimates only, and we will not be liable for any losses incurred by you or anyone else where an Installer does not arrive on-site by the arranged installation time.  

14.12. Reasonable skill and care. We will carry out the installation, or we will ensure that the installation is carried out by the Installer, with reasonable skill and care.  

14.13. Guarantee. We provide a 3-year guarantee on installation works carried out by or on behalf of Ohme, provided always that no additional work (which has not been authorised by us) has been undertaken since the original installation.  

15. Changes to these Terms

15.1. We may need to change these Terms from time to time. Any changes we make will be posted on this page. We may notify you of any change by sending you an email with details of the change or notifying you of a change when you use the Website or App. Please ensure that you review any updates to the Terms before continuing to use the Website, Service or App.

16. Changes to the Website

16.1. The Website is made available free of charge.

16.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Website may be suspended or withdrawn or the availability of all or any part of the Website may be restricted for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

16.3. You are responsible for ensuring that anyone who accesses the Website through your internet connection is aware of these Terms and that they comply with them.

17. Ownership of Rights and use of data

17.1. We are the owner (or the licensee) of all underlying intellectual property rights in the Ohme Product (including the software embedded) and the Website (including the material published on it).

17.2. We own all the intellectual property rights in any new materials generated from your use of the App and the Service and you automatically assign all such intellectual property rights to us.

17.3. We own and have the rights to use any data or information generated during or in connection with your use of the Website, the Ohme Product and our Services. For any personal data comprised within this data or information, we will only use your personal data in accordance with and as set out in our Privacy Policy.

18. How you use the Website

18.1. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

18.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

18.3. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

18.4. If you print off, copy or download any part of the Website or App in breach of these Terms, your right to use the Website, App and Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

18.5. Although the Website and Service is accessible worldwide, it can only be used with our Ohme Products which must be used on a vehicle located in a Relevant Country. Please be aware that some, or all, of the features of the Website or Service may not work when you access them from outside of a Relevant Country.

19. Viruses

19.1. We do not guarantee that the Website, the App or your use of the Service will be secure or free from bugs or viruses.

19.2. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

19.3. You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to the Website or App. We also do not permit attempts to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer, database connected to the Website or the attachment of the Website via a denial-of-service attack or a distributed denial-of-service attack.

19.4. Anyone involved in the above mentioned activities will be restricted from using the Website or the Service and is at risk of having committed criminal offence under the Computer Misuse Act 1990. If we become aware of any such activities, we will report them to the relevant law enforcement authorities and will have to share the identity of those involved.

20. Forum and communication with other users

20.1. We may offer functionality that allows sharing of information through an in-App chat forum (the “Forum”). All personal information you display or communicate using the Forum becomes public information and we are not responsible for any information you choose to make public.

20.2. We can remove at any time communications that we reasonably consider to be obscene, defamatory or abusive. If you publish any content that we consider of this nature you will be responsible for any loss to you or us caused as a result.

20.3. Additionally, when using the Forum, please be aware that internet transmissions are never completely private or secure. Any message or information you send using the Forum may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

20.4. If you choose to communicate or meet with any other user by exchanging postal/email addresses, telephone numbers or otherwise via the Forum, you do so at your own risk.

20.5. Any content you upload to onto a Forum will be considered non-confidential. You will still own the rights in your content, but you license that content to us for our non-exclusive use without limitation. We will not be responsible for any royalty payments or any other compensation related to such content. We may freely use and transfer the content.

21. Restrictions on your use of the Ohme product

21.1. You may not use the Ohme Product, the Website or the Service for commercial purposes, for any unlawful purpose or in any way that is inconsistent with these Terms.

21.2. We do not guarantee that:

21.2.1. the Ohme Product will be compatible with all vehicles;

21.2.2. the Ohme Product will charge your vehicle in accordance with the charge schedule; or

21.2.3. firmware, software or App updates or all features of such updates will be available to, or compatible with, any or all Ohme Products sold or installed prior to the release date of such updates.

21.3. You must not:

21.3.1. tamper with or disassemble any part of the Ohme Product;

21.3.2. remove or tamper with the SIM card provided with the Ohme Product, use an alternative SIM card that was not provided by us or use the SIM card provided with any other device; or

21.3.3. use the Ohme Product if you know or suspect that it might be damaged in any way.

21.4. You understand that all repairs to the Ohme Product(s) shall be conducted by us and you must promptly notify us of any issues you have with your Ohme Product.

21.5. Where you breach any part of these Terms we may take legal action against you.

22. Our responsibility to you

22.1. Whilst you receive this Service free of charge we will not be responsible for any losses you suffer as a result of using our Service other than where we are required by law to remain responsible for such losses.

22.2. Other than where we are required by law to remain responsible for all losses suffered by you as a result of using the Ohme Product, our total responsibility to you under or in connection with those Terms is limited to the amount you paid for the Ohme Product.

22.3. We do not have responsibility for any loss, costs, damages which are caused by the following:

22.3.1. your use and/or misuse of our Ohme Product(s), the Website, the App or the Service, except where this is caused by our negligence;

22.3.2. the way charging schedules have been configured;

22.3.3. charging constraints, adjustments to the application of your charging schedule or adjustments to your charging schedule we make based on electric distribution system requirements;

22.3.4. an incorrectly set up device used to access the Service including any time zone configuration;

22.3.5. a fault with your vehicle;

22.3.6. a failure in the power supply or electrical distribution when an Ohme Product is charging your vehicle; or

22.3.7. third-party products and services that are beyond our control which we rely on to provide part of the Service, including installation error or damage caused by installation to physical property (e.g. the wall or electricity supply).

22.4. We do not exclude or limit in any way our responsibility to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and of satisfactory quality; supplied with reasonable skill and care; and for defective products.

23. Ending the Service

23.1. These Terms will remain in full force and effect as long as you continue to access or use the Ohme Product or the Service, or until terminated by you or us for any reason set out in these Terms.

23.2. We may suspend or close your Account and your right to use the Website, App and/or Service if you use one of them or the Ohme Product in a way that doesn’t comply with these Terms or carry out illegal activities.

24. No rights for third parties

These Terms are between you and us. Nobody else has any rights under these Terms (except someone you pass your guarantee on to) 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.

25. Governing law and jurisdiction

25.1. By purchasing or using Products, Services or the Website you are agreeing to these terms as amended from time to time.

25.2. These Terms are governed by Irish law and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland.