GRIDCARS WEBSITE, APPLICATION AND CHARGING SERVICES TERMS AND CONDITIONS
All contents are Copyright © 2019 GridCars®, Pty (Ltd). All rights reserved. No portion of this service may be reproduced in any form, or by any means, without prior written permission from GridCars, Pty (Ltd).
Rules and Regulations
The following Terms and Conditions govern access to and use of the GridCars website, mobile applications, customer accounts, charging network, charging services, charging tokens and any related products or services offered by GridCars ("Services"). By accessing or using any of the Services, the user acknowledges acceptance of these Terms and Conditions.
GridCars (Pty) Ltd. ("GridCars") reserves the right to amend, modify, update or replace these Terms and Conditions from time to time at its sole discretion. Continued use of the Services following publication of any amendments shall constitute acceptance of the revised Terms and Conditions.
In the event of any violation of these Terms and Conditions, GridCars reserves the right to seek all remedies available at law and in equity.
Limited License
GridCars hereby authorizes you to copy materials published by GridCars on this website solely for non-commercial use within your organization (or if you are a GridCars partner, your customer’s organization) in support of GridCars products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of GridCars or any third party.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS website MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM GridCars. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES
Trade Marks and Patents
The trade marks, logos and service marks ("Marks") displayed on this website are the property of GridCars or other third parties. Users are not permitted to use these Marks without the prior written consent of GridCars or such third party which may own the Mark. GridCars is a South African registered trade mark and service mark of GridCars. All other brand names, product names, or trademarks belong to their respective holders.
General Disclaimer
Although GridCars has attempted to provide accurate information on the website, GridCars assumes no responsibility for the accuracy of the information. GridCars may change the programs or products mentioned at any time without notice. Mention of non-GridCars products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GridCars AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. GridCars AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY GridCars PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GridCars OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclosure; Forward-Looking Statements
Some of the information on this website may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
Cookies
A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. Some parts of GridCars.net use cookies to track user traffic patterns. We do this in order to determine the usefulness of GridCars.net information to our users and to see how effective our navigational structure is in helping users reach that information. GridCars does not correlate this information with data about individual users, nor does it share this information or sell it to any third party. If you prefer not to receive cookies on GridCars.net, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of GridCars.net.
Products and Services Availability
Because international information is provided at this website, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Links to Third Party Sites
This website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and GridCars is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. GridCars provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the website, mobile applications, customer accounts and related Services is restricted to authorised users only. Unauthorised individuals attempting to access such areas may be subject to prosecution and any other remedies available to GridCars.
Software License Agreement
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating or (iii) the license terms pursuant to GridCars’s software license agreement.
Charging Services, Tokens and Account Terms
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Nature of Tokens
Charging tokens issued by GridCars constitute prepaid value instruments that provide a right to receive charging services within the GridCars charging network. Tokens remain linked to the registered user account and are redeemable solely for charging services made available through the GridCars network.
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General Refund Position
Subject to applicable law, all purchases of charging tokens are final and non-refundable once successfully processed and credited to a user account.
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Exceptional Circumstances
GridCars may, in its sole discretion and subject to verification, consider refund requests only in limited exceptional circumstances, including:
• duplicate or erroneous payments
• verified technical, system, or billing errors;
• applications submitted by a deceased estate, supported by appropriate documentation.
Changes in personal circumstances, vehicle ownership, relocation, inactivity or non-use of tokens shall not, in themselves, give rise to any entitlement to a refund. -
Validity and Account Responsibility
Charging tokens are intended to remain valid indefinitely, subject to applicable law, operational requirements and the continued availability of the relevant GridCars services.
Users remain responsible for maintaining access to their registered accounts. Unless specifically requested otherwise by the user, GridCars will generally maintain account status to facilitate continued access to available token balances. -
Transferability of Use
GridCars does not facilitate transfers of token balances, credits or value between customer accounts.
Where a registered account holder permits a third party to utilise their account, login credentials or charging privileges, such use shall remain the sole responsibility of the account holder, who shall remain liable for all activity, charging sessions, charges and obligations arising from such use. -
Compliance with Applicable Law
This policy is applied in accordance with applicable legislation, including the Consumer Protection Act 68 of 2008 where applicable. Nothing contained in these Terms and Conditions shall limit, exclude or restrict any rights or remedies available to consumers under applicable law, and such rights shall prevail to the extent of any inconsistency.
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Offline Charging and OTP Functionality
Availability of Offline Charging
GridCars may provide an offline charging functionality through the issuance and use of One-Time PINs ("OTP") to assist customers where connectivity limitations, platform access issues or network interruptions prevent normal charging session initiation.
Customers acknowledge that use of OTP functionality is voluntary and undertaken at their own discretion. - Charging Sessions and Delayed Recording
Charging sessions initiated using an OTP remain subject to the standard tariffs, fees and billing processes applicable to the relevant charging station.
Due to the nature of offline charging and subsequent system reconciliation, charging sessions completed using an OTP may not immediately appear within a customer's account, charging history, invoices or transaction records. Such sessions may only be reflected once the charging station reconnects to the GridCars network and the relevant systems have completed synchronisation and reconciliation processes.
- No Guarantee of Availability
GridCars does not guarantee the uninterrupted availability, accessibility or functionality of OTP-based charging services and reserves the right to limit, suspend, modify or withdraw such functionality at any time without prior notice.
- Billing and Validation of Sessions
Any charging session successfully initiated through a valid OTP shall be deemed a valid and chargeable transaction once recorded by the charging station and/or subsequently synchronised with GridCars systems.
Refunds, credits, reversals or adjustments will not be granted in respect of completed or partially completed charging sessions unless GridCars determines, following investigation, that a verified technical fault, system error or billing discrepancy occurred.
- Security and Use of OTPs
Customers are responsible for maintaining the confidentiality and security of any OTP issued to them.
GridCars shall not be responsible for losses, charges or unauthorised charging sessions arising from the disclosure, sharing, misuse, theft or loss of an OTP by the customer or any person acting with the customer's authority.
- Reconciliation and Adjustments
GridCars reserves the right to review, reconcile, amend, correct or adjust charging records, transaction histories, token balances and billing information following system synchronisation where discrepancies, omissions, technical errors, irregularities or suspected misuse are identified.