BERTHMASTER.ONLINE TERMS AND CONDITIONS OF SERVICE

1. THESE TERMS & CONDITIONS

1.1 What these terms cover. These are the Terms &Conditions on which we supply services. By using our services you agree that these are the terms and conditions of the contract between us and you.

1.2 Why you should read them. Please read these terms carefully before you submit your account registration to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or you require any changes, please contact us to discuss.

2. PARTIES

2.1 Who we are. We are BERTHMASTER.ONLINE, which is a trading style of Power Portal Limited a company registered in England and Wales. Our company registration number is 09995904 and our registered office is at Hangland Farm, Thorpe Road, Upper Wardington, United Kingdom, OX17 1SU.

2.2 How to contact us. You can contact us by writing to us at info@berthmaster.online.

2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when registering.

3. DEFINITIONS

3.1 "writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.2 “our website” means berthmaster.online

3.3 “site” unless otherwise described means a marina, dock, or other mooring site at which the berthmaster.online service is available.

4. OUR CONTRACT WITH YOU

4.1 How we will accept your registration. Our acceptance of your registration will take place when we email you a validation email during the on-line registration process. A contract will come into existence between you and us when you confirm your registration on our website using the link given in the validation email

4.2 If we cannot accept your registration. If we are unable to accept your registration, we will inform you and will not charge you for the service.

4.3 Your customer number. We will assign a customer number to your account and tell you what it is when we accept your registration. It will help us if you can tell us the customer number whenever you contact us about your account.

4.4 Your password. You must decide on a password to access our website and your account. You agree to keep this password secret and to inform us immediately if you believe or have reason to suspect that your password may have become known to a third party.

4.2 If we cannot accept your registration. If we are unable to accept your registration, we will inform you and will not charge you for the service.

5. OUR SERVICES

5.1 We facilitate the use and purchase of products and services at and from participatingsites.

(a) We, acting as your agent, accept the payment ofmoney from you for the purposes of paying to third party suppliers for products and services they supply to you.

(b) We do not provide or supplythose products and services. The products and services will be provided to you by participating sites or third parties directly. Our service is only to facilitate advance payment for such supply.

(c) We will send remote signals for the switching on or off of services (e.g. electricity of water) at the supply point you specify, subject to the over-riding control of the site operator.

(d) On your behalf, we will pay the charges raised by sites for the products and services supplied to you, up to the amount credit balance on your account with us.

6. PROVIDING THE SERVICE

6.1 How we will provide the service

(a) You may open an account with us by registeringon our web site using the on-line registration form and completing the validation process.

(b) You will be able to pay money to us on-line via our web site. We will allocate that money to your account with us for the purposes of paying for products and servicessupplied to you by any participating site, after having deducted the transaction charge shown at the time of making payment.

(i) The money will be held in our own bank accounts in GBP (Pounds Sterling) or EUR (Euros), at your election when registering, and will belong to us and be accounted for by us.

(ii) The payment gateway on our website is provided by Stripe and you must abide by any terms and conditions Stripe requires at the time.

(iii) You may notify us at any time if you wish us to close your account with us and to return any unused money to you, which we will do in accordance with these Terms & Conditions.

(c) You may open as many accounts as you wish, for instance, for use in connections with different vessels. Each account will be accounted for separately. You may only have one account for each unique email address you have.

(d) As long as your account is in credit, when we receive an electronic signal from you to enable or disable the supply services to a particular supply point we will send an electronic signal to the site to enable or disable the service at the supply point.

(i) You may send us an electronic signal by using the feature for doing so on our website.

(ii) You may send us an electronic signal by using local facilities provided by the site operator if the site operator provides them.

(e) When we receive notice from a sitethat payment is due for products and services you have used, we will pay the amount due on your behalf, up to the current credit balance of your account with us.

(i) Payments in currency other than the currency you elected for your account will be made by way of purchasing the currency required at the time of payment. Your account will be debited with the price paid in your elected currency.

(f) When the balance of your account falls below the limit set by you via our website we will notify you using the method you have chosen.

(g) We will record the amount of metered services used by you and the price paid and the location it was used at and make that information available to you via our website.

(i) If you think that usage or price information is wrong you must let us know within 7 days and raise a query with the site in question.

(ii) If the think that the location information is wrong you must notify us immediately and tell us the location

6.2 We are not responsible for delays outside our control. If the supply of ourservice is delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract in accordance with these Terms & Conditions.

6.3 We are not responsible if there is a problem due to incompatibility with our website software and your browser or device. You must make sure our website works correctly with your device before registering and before starting to use a new device or browser.

6.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the service to you, for example to comply with legal requirements or to meet the technical or administrative requirements of a participating site. We will not be obliged to supply the service if we are unable to supply the service effectively because you have not given us the information we need within a reasonable time of us asking for it.

6.5 Reasons we may suspend the supply of services to you. We may suspend provision of the service:

(a) to deal with technical problems or make technical changes;

(b) to update the service to reflect changes in relevant laws and regulatory requirements;

(d) if you owe us money.

6.6 If we suspend the supply of services then we will tell you in advance unless the reason for suspension is urgent or an emergency.

7. YOUR RIGHTS AND RESPONSIBILITIES

7.1 Asking for a refund. You may request a refund by putting your request in writing, either send by email from the account of the email address you provided when registering or if you no longer have access to that email account then by post.

(a) The request must be made no later than 22 months after you paid us the money in the first place.

(b) We will, within 2 working days, initiate an electronic refund via Stripe. If that is not possible we will contact you to agree alternative arrangements.

(c) The amount we refund will be the amount on your account less any pending or anticipated payments for the products and services used by you, less any loss incurred in consequence of exchange rate fluctuations, and less our fees (£ 5.00 per refund).

7.2 You may ask us to transfer your account balance to another account in your own name or in someone else’s name by requesting in writing that we transfer the balance. If the two accounts are not in the same currency then we will credit the new account with the amount of currency bought with the currency in the old account.

7.3 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the service or how we are performing and when you decide to end the contract. Where there is no other more specific provision applicable, you may end the contract by giving 14 days’ notice in writing.

7.4 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) belowthen we will refund any money on your account as if you had requested a refund in accordance with these Terms & Conditions and the contract will end. The reasons are:

(a) we have told you about an upcoming change to the service or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the service and you do not wish to proceed;

(d) we have to suspend the service for more than 7 days, or tell you we are going to suspend it for more than 7 days;

(e) you have a legal right to end the contract because of something we have done wrong.

7.5 Exercising your right to change your mind. For most services bought online you have a legal right to change your mind and cancel the contract without giving a reason.

7.6 How long do I have to change my mind?You have 14 days after you complete your registration. However, once you have begun to use the service you cannot change your mind, even if the14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

7.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract by giving us notice in writing in accordance with these terms and conditions.

7.8 You must use your best endeavours to ensure that your password is known only to you and that your account is not used fraudulently.

7.9 If you are supplied more products and services thancan be paid for from the amount of credit in your account with us then we will inform you of the shortfall and you must pay it to us by the end of the next working day, time being of the essence.

7.10 Telling us if your contact details change. You must tell us if you change your mobile phone number, or residential address. You must do this in writing or using the website feature for changing your contact details.

8. HOW TO END THE CONTRACT WITH US

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Email us info@berthmaster.online. Please provide your name, home address, phone number and email address, and you customer number.

(b) Write to us at ourusual address, including your name, address, email address, and customer number.

9. OUR RIGHTS TO MAKE CHANGES

9.1 We reserve the right to make changes to these Terms & Conditions at any time by posting the changes to our website and publishing a notice on our website.

9.2 You may accept the changes either by continuing to use the service.

9.3 If you do not wish to continue to use the service you may give notice in writing that you do not accept the changes, or you can just stop using the service. If your account is then in credit and you wish the money returned then you must let us know in writing that you so wish and the money will be returned according to the Terms & Conditions in force.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due, time being of the essence;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service;

(c) you attempt to interfere in any way with the functioning of our website, equipment, or electronic signalling systems;

10.2 You must compensate us if you break the contract. If we end the contract then we will refund any money due to youas if you had requested a refund. We will charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will let you know at least 60 days in advance of our stopping the supply of the service.

10.4 If you withdraw your consent to our processing of your personal data. As we are not able to perform our obligations to you without processing your personal data, if you withdraw your consent, then we may end the contract.

11. IF THERE IS A PROBLEM WITH THE SERVICE

11.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can write to us at our usual address or info@berthmaster.online.

11.2 If there is a problem with supply of products or services. At first you must inform the site operator as the problem is most likely to be a fault with the systems at the site and not with our service.

(a) We are not the supplier of the products and services supplied to you by the site operator and we are not liable for any failure or defect in the supply of those products or services, including but not limited to:

(i) Failure to supply at all;

(ii) Supply of electricity or water to the wrong supply point;

(iii) Interruption of supply;

(iv) Interception or use of supply by a third party;

(v) Failure to enable or disable supply.

(b) If the site operator is unable to resolve the problem, please inform us of the problem and tell us who you dealt with at the site and we will attempt to resolve the problem if its resolution is within our legal power.

12. PRICE AND PAYMENT

12.1 Where to find the price for the metered services. The price of metered services (e.g. electricity and water) is part of your mooring or other agreement with the site operator and is not set by us. You can view the current price for metered services via our web site. For all other services and for products it is your responsibility to find out and agree the price with the site operator or third party before accepting supply.

12.2 What happens if the price is wrong. It is always possible that, despite our best efforts, we may pay the wrong price for products or service supplied to you.

(a) If the price paid by us was wrong. If through our error we pay the wrong amount to a site on your behalf, then once we have been notified and have verified that an error was made we will credit your account with the amount paid in error and debit it with the correct amount.

(b) If the priced charged to you by the site was wrong. As we are acting as your agent, that means we will have paid the wrong price to the site on your behalf and so your normal recourse will be to the site. We may, at your option, deal with the price dispute on your behalf, but may charge a reasonable fee for doing so.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by usif we fail to comply with these terms or fail to use reasonable care and skill. Our liability is limited by these Terms & Conditions.

13.2 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 subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the service.

13.3 We are not liable for business losses. If you use the service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.4 We are not liable for any loss of enjoyment or opportunity. This includes where the loss of enjoyment or opportunity is caused by our fault.

13.5 We are not liable for any loss consequent on theft or loss of information provided that we have discharged our duties under the Data Protection Act 1998. We do not, in any case, store your payment card details.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the services to you;

(b) to process your payment for the services; and

(c) if you agreed to this during the registration process, to give you information about similar services that we provide, and other notices in connection with our business.

We do not store payment card details apart from the last four digits used for initiating repeat transactions with Stripe, e.g. when you make a top-up payment.

14.2 You consent to us processing your personal data in accordance with our Data Protection Policy. Our Data Protection Policy is shown below these Terms and Conditions.

15. OTHER IMPORTANT TERMS

15.1 Entire Agreement. These Terms & Conditions constitute the entire agreement between us. In particular, no additional representation made by us or any agent or representative is a contractual term.

15.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens.

15.3 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 to this in writing.

15.4 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.

15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.6 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 if we 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.

15.7 Which laws apply to this contract and where you may bring legal proceedings. These Terms & Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in another EU member state, you may bring proceedings in your national court. If you live outside the European Union, you can bring proceedings in the English courts.

15.8 Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court, for example, mediation. You agree not to issue proceedings in any jurisdiction except that you have first agreed to and concluded an ADR process, or we agree that no ADR process is suitable in the circumstances.

Data Protection Policy

INTRODUCTION

BerthMaster is a trading name for Power Portal, an electrical charging management application company for Marinas. We are committed to being transparent about how we collect and use personal data and to meeting our data protection obligations.

All references in this policy refer to either BerthMaster or the business refer to one and the same company.

BERTHMASTER is a“data controller” for the purposes of data protection legislations and this means that we are responsible for deciding how we hold and use personal information about you. Whilst your data will be processed by the BerthMaster with which you have engaged,your personal data will not be shared with any other company except for specific purposes of processing information to enable the delivery of electrical charging services.

References to 'processing' contained within this Privacy Notice can mean any operations performed on personal data, for example collection, storage, recording, alteration, retrieval, restriction or erasure.

THE PURPOSE OF THIS PRIVACY NOTICE

The purpose of this Privacy Notice is to explain how we may collect and process personal data about:

Our customers;
Individuals for the purposes of recruitment or placements;
Partners and
Suppliers;

Please refer to our Cookies Policy for details of the information we collect when you visit our website.

DATA PROTECTION PRINCIPLES

We comply with current data protection laws which stipulate that personal data we hold about you must be:

(a) Used lawfully, fairly and in a transparent way;
(b) Collected only for valid purposes that we have clearly explained to you, and not used in any way that is incompatible with those purposes;
(c) Relevant to the purposes we have told you about and limited only to those purposes;
(d) Accurate and kept up to date;
(e) Kept only for as long as necessary for the purposes we have told you about; and
(f) Kept securely.

In this context, personal data (or personal information), means any information about an individual from which that person can be identified. It does not include data which has been anonymised.

HOW WE USE PERSONAL DATA

BerthMaster collects and processes a range of personal data in a number of ways, and may use this information for:

The provision of charging purposes to our clients;

To improve our services;

Facilitating our internal business operations including accounting, billing, collections, and payments;

Fulfilling our legal obligations;

Monitoring and analysing our business including monitoring the use of our website;

Sending marketing bulletins, legal updatesand other promotional materials to our customers;

This is not intended to be an exhaustive list and we may use personal data provided to us for related and/or ancillary purposes.

HOW WE COLLECT PERSONAL DATA

Whilst you are free to decide whether to provide us with personal data, please note that we will not be able to provide you with electrical charging services without it.

We may collect personal data about you in a number of different ways including, but not limited to the following:

In the course of your registering for charging services;

When using our electrical charging services:

Participate in discussion boards or social media services;

Through third party agencies, or information available in the public domain.

The types of information we collect

BerthMaster Charging services

The types of personal data we collect in the course of and in connection with the provision of electrical vehicle services may include:-

Your name, contact details, including personal email addresses and telephone numbers;

Identification documents (which may include information relating to your date and place of birth) and/or other governmental identification numbers for the purposes of complying with the Anti-Money Laundering Regulations and related regulatory or legislative requirements;

Details of your bank account/ card numbers for the purposes of billing and collections

Card payment address, this may or may not be your home address.

Recruitment

In addition to the above, if you apply to work for the business we may collect the information set out below:

Details of your qualifications and skills;

Background checks (where applicable);

Previous employment history, references, and information about your remuneration;

Details of your bank account, national insurance number or other governmental identification numbers, tax code and your right to work;

Equal opportunities monitoring information;

Information about medical or health records; and

Other personal data we may require to comply with our legislative and/or regulatory requirements.

The business processes special categories of more sensitive personal data, such as information relating to ethnic origin and sexual orientation for the purposes of equal opportunities monitoring. Data that the business uses for these purposes is anonymised or is collected with the express consent of the applicant, which can be withdrawn at any time.

PURPOSES AND LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

Our legal basis for the processing of personal data is our legitimate business interests, although we will also rely on contract, legal obligations and consent for specific uses of data.

We will rely on contract if you or the marina have utilised our services to obtain electrical charging at any marina where our applications enable charging.

We will rely on legal obligations if we are legally required to hold information on you to fulfil our legal or regulatory obligations, this will be for the purposes of monitoring payments and ensuring we comply with anti-money laundering regulations.

In addition to the above, we may use your personal datawhere you have provided your consent to such use.

Change of purpose

We will use your personal data only for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

SHARING YOUR PERSONAL DATA

We may share your personal data with:

ROLEC for the provision of electrical charging points

Third party contractors to enable delivery of services

Marinas you utilise to ensure correct billing and usage monitoring at each location

Third party personal data shared with us

Where we receive personal data relating to someone else from a third party (“discloser”), the onus is on the discloser to ensure that they have the relevant authority and/or consent to disclose that personal data to us and that the information that they have provided is accurate and up to date. On this basis, we may collect, use and disclose that personal data as described in this Privacy Notice.

INFORMATION SECURITY

The Business takes the security of your data seriously. The business has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed. We will take reasonable steps to ensure that the information that we hold about you is kept confidential and secure.

Where the business engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Transferring data abroad

Whilst we try and operate to the highest standard across each of the jurisdictions in which we have a presence, there may be local requirements which require us to take an alternative approach, however, we will always take reasonable steps to ensure the confidentiality, integrity and security of your personal data.

Your data may be transferred to countries outside the European Economic Area (EEA) and to ensure your personal datais treated in a way consistent with, and which respects EU laws on data protection, where appropriate to do so, we have adopted model contract clauses approved by the European Commission and entered into data transfer contracts with any third-party providers.

RETENTION OF YOUR PERSONAL DATA

We will only retain your personal data for as long as is reasonably necessary in the circumstances and in compliance with our legislative requirements.

In some circumstances, we may anonymise your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you.

YOUR RIGHTS OF ACCESS, CORRECTION, ERASURE AND RESTRICTION

As a data subject, you have a number of rights including the right to be informed of how your personal data is being processed. You can also:

Request access to your personal data (commonly known as a “data subject access request”).

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your personal data to another party.

Request the deletion of a certain category (or categories) of your data, if the business is no longer under a legal obligation to process such data. The business can refuse to delete your data if in its view it requires the information for defence of legal claims against it.

Should you wish to request details of the personal data that we hold on you, please contact us at support@power-portal.co.uk. On receipt of your request, we may need to clarify the scope of your request and/or to verify your identity before providing this information, however, we will do this promptly to ensure that there is no undue delay in complying with your request.

Updating your personal data

It is important that the personal data we hold on you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.Should you wish to amend the personal data that we hold for you, please contact us atsupport@power-portal.co.uk.

We will not be responsible for any losses arising directly or indirectly from any inaccurate and/or incomplete information provided to us by you.

If you wish to opt out of or amend your preferences for any of the marketing materials or related services that you have signed up to please contact support@power-portal.co.ukor alternatively you can click the “unsubscribe” link at the foot of our correspondence at any time.

If you believe that the Firm has not complied with your data protection rights, you can complain to your national supervisory authority for data protection in your jurisdiction.

Status of this Privacy Notice

We review this Privacy Notice regularly and reserve the right to revise it or any part of it from time to time to reflect changes in the law, information security and technology practices or in the way in which we process your personal data.

Contact information

If you have any questions about this Privacy Notice, or want to submit a written complaint to us about how we handle your personal data, please contact us at: support@power-portal.co.uk

TERMS OF SERVICE