Terms and Conditions

Blink Account Agreement and Terms of Us

Effective Date: July 1, 2020

This Blink Network, LLC (“Blink,” “we,” or “us”) Account Agreement (“Agreement”) and its terms and conditions (“Terms and Conditions”) apply between all users (“Users,” “User,” “you,” or “your”) of this website (“Website” or “Site”) the Blink mobile application (“Mobile Application”), Blink Charging Stations, the Blink Network, and/or the Blink API, including but not limited to registered members, and, Blink Charging Co. (and its subsidiaries and affiliates), the owner of this Website and the Mobile Application.

Additionally, by installing and operating a Blink EV Charger on the Blink Network; opening a Blink account and/or using a Blink-issued user card and/or using a Blink-provided user code or guest code (“Code”), and/or using the Blink networked EV charging services (“Blink Network”), you agree to the terms specified in this Agreement. These Terms and Conditions apply to the use of and (where applicable) purchase of products and services, including but not limited to use of supportive services and information posted to the Site and/or the Mobile Application. Please read these Terms and Conditions carefully, as they affect your legal rights.

Upon entering into this Agreement with Blink, you may have recently purchased a Blink Charging Station, purchased and/or were provided with one or more radio frequency identification (“RFID”) card(s) and/or you may have received a Code that will allow you access to the public and/or residential Electric Vehicle (“EV”) charging stations on the Blink Network (each, a “Blink Charging Station”). This Agreement applies to and is made part of each application you may submit to open an account with the Blink Network (“Blink Account”). By submitting an application to open a Blink Account, you acknowledge and consent to the Terms and Conditions of this Agreement, and to Blink’s Privacy Policy (www.blinkcharging.com/privacy-policies), all of which may be updated from time to time without giving notice to its Users. In addition, this Agreement may be changed at any time without prior notice. All such changes shall be posted on this Website and/or on the Mobile Application. You should check the Website and/or Mobile Application for such changes frequently. Your continued access to, and use of, the Blink Charging Stations and any applicable ancillary services, including, but not limited to the use of and/or access to the Blink Network and/or the Blink’s Website, API, or Mobile Application (the “Services”), after such changes are posted, conclusively demonstrates your acceptance of those changes. You acknowledge and agree that Blink may collect, on behalf of itself and/or its clients (“Hosts”) non-personally identifying data relating to the usage of Blink Charging Stations and the fees charged to Users by such Hosts for access to the Blink Charging Stations. All such information may be shared by Blink with third parties at Blink’s sole and absolute discretion. The way we use your information is detailed in the Blink Privacy Policy.

Fees. You agree to pay all applicable fees (“Fees”) for connecting to the network, accessing Blink Charging Stations, or those fees associated with any use of the Services, including using your RFID card(s) at a Blink Charging Station, or remotely, through a customer service agent at your request, or by using a Code or any application embedded in a smartphone or in similar technology.

Use the Services solely in accordance with instructions provided to you by Blink. You hereby agree to comply with all applicable laws and regulations, as well as any policies and rules set by a Host (either the owner of the Blink Charging Station or the owner of the property on which the Blink Charging Station is located) when using Blink Charging Stations and/or Services.

Statements. You are required to promptly review your Blink statements and/or other payment method statements related to the Services (such as your credit card statement) and notify Blink’s customer service in writing of any issues you might haveregarding the Fees. All Fees not contested within 30 days of the corresponding statement date will be: (i) in the case of Fees not yet paid, deemed due and payable; and (ii) in the case of Fees already paid, non-refundable.

Update Your Information. You are required to promptly update your online account information, including changes to your name, email address, mailing address, telephone number, credit card information (including credit card number, expiration date, and billing address) upon the occurrence of any change to such information. Failure to update your information may result in account cancellation. You will remain liable for all Fees billed to your Blink Account until the date your Blink Account is canceled by you or Blink.

Blink Billing: You may use an RFID card or a Code to pay Fees on any Blink Charging Station you are allowed to use (with explicit or implicit permission from the Host). When using your RFID card for payment of Fees, the Blink EV Charging Station will read your RFID card or accept your Code, and a record of your transaction will be created. Fees will be charged to your Blink Account in accordance with the price configured by the Host and/or Blink for that specific Blink Charging Station. It is your responsibility to be made aware of the prices charged to your Blink Account and/or to your credit card. Make sure to keep your RFID card or Code secure, if you or any other person uses your RFID card or Code at a Blink Charging Station, you agree to pay the Fees specified thereof. You agree that Blink may share with its Hosts or another duly authorized party, any information specified in this Blink Account Agreement regarding your usage and payments for the purposes of processing and collecting fees and enforcing Blink Network’s policies and related contractual obligations.

Charging Fees: Our Fees are charged: (i) by kilowatt-hour (“kWh”) of energy dispensed to the vehicle; or (ii) by the time the vehicle is plugged into the Blink Charging Station rounded up to thirty-second intervals or 1-hour intervals, depending on the specific Blink Charging Station; or (iii) by a flat fee for the total session (“session-based rate”), depending on the location of the Blink Charging Station. Blink maintains an updated schedule of pricing rates by region on the Blink Network website(https://blinkcharging.com/drivers/pricing/). Additionally, certain Blink Charging Stations charge a non-refundable occupancy fee for cars plugged in to the Blink Charging Station after the charging session has ended.

Minimum Account Balances, Fees, and Charges: Although you provide your credit card information when you apply for an RFID card or when you request a Code, your credit card will not be charged until you utilize a Blink Charging Station. A $1.00 or $5.00 authorization fee will display on the credit card account provided for authorization purposes only. If you have a Blink Plus Account (Blink Plus Member), then our system will charge your credit card with the Fees on/after the fifteenth and last day of the month, or on the date your account reaches a balance of $100. When your account reaches $100 in accumulated Fees, our system will process the Fees and charge your credit card. If you do not have a Blink Account (Blink Guests), our system will charge the credit card you provide immediately after your charging session.

Collection. In the event that payment on your credit card is declined, Blink may suspend or terminate your account. In addition, Blink may institute collection proceedings against you for all outstanding and unpaid balances, including all fees, costs or other expenses (including, without limitation, reasonable attorney fees) incurred by Blink in connection with its collection efforts.

RFID Cards Replacement. If your RFID card fails to operate for reasons other than abuse or improper use and you return it to the Blink Customer Service Center, a replacement will be sent to you at no additional charge. If your RFID card is lost or stolen, please report the loss or theft immediately by accessing your Blink Account and updating the appropriate status, or, if you do not have access to the internet, inform Blink Customer Service immediately (see contact information at the end of this document). You remain liable for all Fees initiated with your RFID card or Blink Code until you have notified Blink that your RFID card has been lost or stolen. Blink Codes are good for use within three (3) days of purchase and are non-refundable.

Information. You agree that the information on your Service usage may be used by Blink to analyze averages, trends, and other anonymous patterns of usage, as per the Blink Privacy Policy as provided on the Blink Website. You agree that Blink may access your Blink Account your Blink Charger and/or your residential charger (if applicable) for service-related or data collection purposes and that Blink may share non-personally identifiable data with third parties in connection with government grants, private agreements, and/or other contractual obligations.

Public Nature of Charging Stations. By connecting your EV Charger to the Blink Network, unless you specifically request otherwise in writing, you are granting access to the EV Charger to all Blink members and guests. Such access is limited to utilizing the EV Charger for charging purposes.

Blink Pro Membership Account and Billing Terms.

About Your Pro Account. Once you upgrade to a Pro account, you will be unable to downgrade to a Blink Plus membership. The Blink Pro Membership Account is the default membership for any Blink Members signing up after August 11, 2020. In addition to the Blink Pro Membership Account specific terms, it is subject to all of the Terms and Conditions of a Blink Plus Membership. With your new Blink Pro Membership Account, you will be able to pre-load funds to your account. The dollar value that you load onto your Blink account is a prepayment for charging your vehicle at any charger on our Network. We recommend upgrading to the Blink Pro Membership account to make it easier for you to charge with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value you load onto your Blink Pro Membership Account is non-refundable and may not be redeemed for cash. The value on your Blink Pro Membership Account is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

The Blink Pro Membership Account is not targeted towards, nor intended for use by, anyone under the age of 15. If you are between the ages of 15 and 18, you may only sign up for a Blink Pro Membership Account under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Loading Value on Your Pro Account. In the United States and Canada, you can load value on your Blink Card by going online to BlinkCharging.com or calling (888) 998.2546. There may be a delay from the time you pay the amount to be loaded onto your account and those funds being available for use.

You may not have more than $500 in value loaded to your account at any time, and no more than $2,000 may be associated with your account in a single day. This means that the activity on your account cannot exceed $2,000 over the course of a day. There is a minimum amount that you may load on your account at any given time, and that amount is typically $5. We may change any of these amounts at any time without notice to you.

If you use a credit or debit card to reload your account, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or Blink may attempt to contact you for additional information prior to authorizing the Transaction amount. For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, Blink will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

All amounts loaded onto your account are denominated in the currency of the country in which it was sold (the “base currency”). When you make a purchase in a different country, the Transaction total is converted from the currency of that country (the “local currency”) to the base currency and deducted from your account balance. No fees or other charges are made to your account for the currency conversion. However, note that your bank or card provider may charge you a separate fee if you are using a credit or debit card or other accepted payment method to load your account outside of the U.S. Blink does not receive any portion of, and does not have any control over, any such fee. Although the actual balance of your account is kept in the base currency, the balance shown on your receipt will be in the local currency of the store location. Transactions that occur on our website are denominated in U.S. dollars. Currency conversions are based on currency exchange rates applicable on the date of the Transaction.

You can reload online or over the phone, to make reloading your account easier, you can link a payment method to your Blink account (which you can access at BlinkCharging.com) and reload either manually online when you choose or set up auto-reload. With automatic reload, you simply set the reload balance at which you want to trigger the reload to your account. We will charge the credit or debit card associated with your account or you can provide us with new payment information. We will send you an email confirming the automatic reload Transaction terms and bill your credit card or debit card according to the schedule and/or amount you have selected. We will also send you an email after each reload to let you know your Blink Card has been reloaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to take effect. To discontinue the automatic reload feature, you must log-in to your Blink account at least twenty-four (24) hours before the next scheduled reload. Once the dollar value is loaded, the Transaction cannot be reversed.

Low Balance. Blink reserves the right to reject a charging session if a Blink Pro Membership Account member’s balance reaches $0. Until the member’s account has been reloaded, that member will be unable to utilize any Blink charging stations or charging stations on the Blink Network.

If a Blink Pro Membership Account member’s balance reaches $0 in the middle of a charging session, Blink will utilize the user’s credit or debit card associated with their account to cover the cost of the charging session.  The charging session continues unimpeded until stopped by the Member. Immediately following the charging session in which the balance falls below $0 the credit or debit card associated with the Member’s account will be charged. The member will be emailed a receipt of the transaction. If a Blink Pro Membership Account member’s credit card on file is not active and the charge session continues the Member will be notified of the negative balance on their account. The Member’s account will be temporarily suspended until the Member adds funds to their account and clears the negative balance. At any time if member’s credit card is not active, the user will not be able to load money onto their prepaid account until they provide a valid credit or debit card.

Fees and Expiration of Card Balances. We do not charge any activation, service, dormancy or inactivity fees in connection with your account. Your account has no expiration date nor does the value on your account ever expire.

Receipts and Transaction History. When you use your account, a receipt will be made available. The receipt will indicate that the purchase was made using your account and will provide the remaining balance of your account. Please check your online Transaction history regularly to ensure that your Transaction history and account balance are correct. You can check the balance of your account or review recent Transactions on your account at BlinkCharging.com We may also send you statements of activity on your Blink Pro Membership Account.

Billing Errors, Corrections. We will correct the balance of your account if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your account, please call Customer Service. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.

Fraud Associated with Your Blink Account or Account Balance. We will not accept any account charges or will limit use of any account or account balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Blink has no liability to you for any third-party fraud or unlawful activity associated with any Blink account or account balance.

Registration, Liability for Unauthorized Transactions. To register for the Blink Pro Membership Account visit BlinkCharging.com or download the Blink Mobile app. When registering for the Blink Pro Membership Account, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your account. If you believe your account has been disabled in error, please call customer service. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your account information.

You should treat your Blink Account or the Blink Pro Membership Account and RFID card like cash and not disclose your Blink Account or the Blink Pro Membership Account or RFID card information to anyone. If your Blink RFID Card or Blink Account or the Blink Pro Membership Account information is lost or stolen, anyone who obtains possession of either may use your account. You are responsible for all transactions on your account, including unauthorized transactions. However, if your RFID card is lost, stolen or destroyed, your RFID card can be replaced with the balance remaining on it at the time you contact us. Your registered RFID card and balance is protected from the time you notify us. We will freeze the remaining balance on your Blink account or the Blink Pro Membership Account at the time you notify us, a new RFID card will be issued, and the proper security measures will be taken to protect your account.

Using the Blink Website, API, or Mobile Applications: You may access and use Blink’s Website, API, and Mobile Applicationto obtain information regarding Blink Charging Station locations and other content and features that Blink may make available. The use of the Blink Website, API, and Mobile Application is subject to these Terms and Conditions and the Blink Privacy Policy.You are responsible for all use of the Blink Website, API, and Mobile Applications under your username. You acknowledge and agree that Blink may modify the Blink Website, API, and mobile applications in any way and at any time, with or without notice. You further acknowledge and agree that, while Blink has attempted to provide accurate information on the Blink Website, API, and Mobile Application, such information may change frequently and in no event will Blink be responsible for the accuracy, usefulness or completeness of any information, materials or other content on or related to the Blink Website, API, or Mobile Apps, nor does it warrant that any such information, materials, or other content is the most current version thereof.

Bay Area Air Quality Management District EVSE Deployment Program Participants: Participants in the Bay Area Air Quality Management District (“DISTRICT”) Electric Vehicle Supply Equipment (“EVSE”) Deployment Program (“Program”) with Blink, hereby expressly agree and acknowledge the following:

  1. i) You purchased or leased a Vehicle that is registered in your name and at an address located within the DISTRICT’s jurisdiction;
  2. ii) You purchased EVSE that is installed at the same address as the Vehicle is registered;

iii) You obtained permits and any other required approvals from the local governing agency for the installation of your EVSE;

  1. iv) You agreed to operate your Vehicle and EVSE for a minimum of three years;
  2. v) You provide your charging usage data to Blink and DISTRICT for Program evaluation purposes;
  3. vi) You allow Blink or DISTRICT to notify the local utility of the address where the EVSE is installed;

vii) You allow Blink or DISTRICT to inspect the location where EVSE was installed;

  1. ix) Individuals may only participate in the Program once and you are not already receiving funding from the DISTRICT for participation in the Program though another Program contract provider;
  2. x) Participation in the Residential EVSE Reporting Component of the Program is voluntary;
  3. xi) “Vehicle,” under this subheading, shall mean a plug-in electric vehicle that was purchased or leased on or after December 1, 2010, with a gross vehicle rating below 14,000 pounds; and

xii) “Participant,” under this subheading, shall mean a person that, lives in the Bay Area during the term of the Program, and has to the knowledge of Blink, complied with the foregoing Program Residential EVSE Reporting Component requirements.

  1. Intellectual Property.
    1. “BlinkCharging.com,” “Blink Network,” “Blink,” and all logos related to the Services are either trademarks or registered trademarks of Blink or Blink’s licensors. You may not copy, imitate or use them without Blink’s prior written consent. Included in our intellectual property are all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Blink. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Blink website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the preceding is the exclusive property of Blink and its licensors.
    2. If you are using Blink’s software such as an API, developer’s toolkit or other software application (the “Software”) that you have downloaded to your computer, device, or other platform, then Blink is granting you a revocable, non-exclusive, non-transferable license to use the Software in accordance with the Blink licensing agreements. You may not rent, lease or otherwise transfer your rights in the Software to a third-party. You must comply with any use requirements and restrictions Blink may place on the Software and Services at Blink’s sole discretion. If you do not comply with Blink’s use requirements and restrictions you will be liable for all resulting damages suffered by you, Blink and third parties. Blink may change or discontinue any of the Software with or without notice to you.
    3. If your EV Charger is connected to the Blink Network, for the price agreed to between yourself and Blink, Blink grants you a revocable, non-exclusive, non-transferable license to use the Network and underlying Software in accordance with these Terms and Conditions.
    4. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. You acknowledge that all rights, title, and interest to the Software and Network are owned by Blink. Any third-party software application you use on Blink’s website is subject to the license you agreed to with the third-party that provides you with their software. Blink does not own, control nor have any responsibility or liability for any third-party software application you elect to use on the Blink website and/or in connection with the Services.
  2. Restricted Activities. In connection with your use of the Services or in the course of your interactions with Blink, other users, or third parties, you will not: Breach this Agreement, or any other agreement or policy that you have agreed to with Blink, or:
    1. Violate any law, statute, ordinance, or regulation;
    2. Infringe on Blink’s or any third-party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
    3. Act in a manner that is defamatory, trade libelous, threatening or harassing;
    4. Provide false, inaccurate or misleading information;
    5. Send what we reasonably believe to be potentially fraudulent funds;
    6. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
    7. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
    8. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website, mobile App, Blink API, or the Services;
    9. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
    10. Circumvent any Blink Policy or determinations about your Account such as temporary or indefinite suspensions or other limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Account(s) when an Account has been restricted, suspended or otherwise limited; creating new or additional Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Account;
    11. Harass or threaten our employees, agents, or other users.

Offers from Third-Party Organizations: From time to time, you may receive offers via your Blink Account or the Blink Pro Membership Account from other organizations (“Third Party Organizations”). Acceptance and performance under such offers are strictly between you and those Third-Party Organizations. Blink does not assume responsibility for any performance by these organizations, and you agree: (i) to look solely to the Third-Party Organizations, and (ii) to release Blink from any liability, with respect to any offers you might accept from such Third-Party Organizations or their affiliates. These Third-Party Organizations conduct business for themselves and are not part of the Blink business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personally identifying information you provide to them.

Termination: Either Party may terminate this Agreement at any time and for any reason. If you wish to terminate your Blink Account and this Agreement, you must notify Blink in writing. Following any termination, you shall remain responsible for any and all unpaid Fees associated with your Blink Account or the Blink Pro Membership Account. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance. If you are a charging station operator and you wish to terminate this Agreement your charging station will be removed from the Blink Network.

DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLINK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLINK MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity: You agree to indemnify, protect, and hold harmless: (i) Blink and its directors, officers, employees, agents and distributors, and (ii) Hosts, and their respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the Services or otherwise for your negligence or misconduct.

LIMITATION OF BLINK’S LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES.

To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnified Parties from all liability for loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Services. You agree that none of the Indemnified Parties will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law. Your sole and exclusive remedy against the Indemnified Parties will be the replacement of any defective RFID card(s). Notwithstanding anything to the contrary herein, Blink’s liability arising from Services and/or Blink Charging Stations shall not exceed the total Fees you have paid to Blink for the Services provided hereunder.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, PARTS OF, OR THE ENTIRE DISCLAIMER, LIMITATIONS, AND RELEASE MAY NOT APPLY TO YOU.

  1. AGREEMENT TO ARBITRATE.
    1. You and Blink each agree that any and all disputes or claims that have arisen or may arise between you and Blink, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
    2. YOU AND BLINK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BLINK AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BLINK USERS.
    3. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this Agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
    4. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to Blink should be sent to Blink, Attn: Legal Department, Re: Notice of Dispute, 407 Lincoln Rd., Suite 704, Miami Beach, Fl 33139. Blink will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Blink are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Blink may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. The arbitration shall be held in Miami-Dade County, Florida. If the value of the relief sought is $10,000 or less, you or Blink may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Blink subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Blink may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Blink shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Blink Users but is/are bound by rulings in prior arbitrations involving the same Blink user to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    5. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in this Agreement to Arbitrate. With the exception of any of the provisions in subsection (a) of this Section if a court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. If a court decides that any of the provisions in subsection (a) of this Section is invalid or unenforceable, then the entirety of this Section shall be null and void. The remainder of the User Agreement will continue to apply.
    6. IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO BLINK, ATTN: LEGAL DEPARTMENT, 407 LINCOLN RD., SUITE 704, MIAMI BEACH, FL 33139.
    7. You must file any opt-out notice with our legal department. Opt-outs must include the subject line “Opt-Out” and the email body must include your name, address, phone number, and the email address(es) used to log into Blink account(s) to which the opt-out applies. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this Section will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you opt out of arbitration, we reserve the right to terminate our relationship with you. If you opt out, any disputes arising out of our relationship will be governed in accordance with the laws of the State of Florida without regard to conflict of laws. By opting out of the Arbitration Agreement you expressly agree to submit to the jurisdiction and proper venue of the competent state or federal courts located in Miami-Dade County, Florida.
    8. Notwithstanding any provision in the Agreement to the contrary, you and Blink agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Blink prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Blink. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.BlinkCharging.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the thirty-day period, and you will not be bound by the amended terms.

Communications:

Telephone: Blink Customer Service at 1-888-998-2546.

Or by mail:

Blink Network, LLC

Customer Support

407 Lincoln Road, Suite 704

Miami Beach, FL 33139

 

Copyright © 2020 Blink Charging Co. All Rights Reserved.