ZERO CARBON CHARGE (PTY) LTD

TERMS AND CONDITIONS

Use of Chargers, Charging Stations and the Mobile Application

Last Updated: 23 July 2026

Welcome to Zero Carbon Charge (Pty) Ltd (“we”, “us”, “our”), the provider of off-grid electric vehicle charging solutions, including our network of electric vehicle charging stations and chargers (each a “Charger”, and the sites at which Chargers are located, the “Charging Stations”), accessible and manageable through our mobile application (the “App”). By downloading, accessing, or using the App, a Charger, a Charging Station, or any of our related services — including initiating and managing charging sessions, purchasing prepaid charging credits, and participating in any associated carbon abatement activity — (together, the “Services”), you agree to be bound by these terms and conditions (the “Terms”). Please read them carefully.

If you do not agree with any part of these Terms, you must not use the App, the Chargers, the Charging Stations, or our Services.

These Terms consolidate and replace all prior versions of our terms and conditions, including the “Terms and Conditions for Zero Carbon Charge (PTY) Ltd” (last updated March 2024) and the “Zero Carbon Charge (Pty) Ltd Terms and Conditions” (last updated March 2026).

1. Company Information

Zero Carbon Charge (Pty) Ltd

Registration Number: 2022/232376/07

Registered Address: 9A Wandel St, Gardens, Cape Town, 8001

Telephone: 071 607 6122

Email: [email protected]

Website: https://charge.co.za

2. Acceptance of Terms

By accessing or using the App, a Charger, or a Charging Station, you confirm that you have read, understood, and agreed to these Terms (including any referenced policies). These Terms form a binding agreement between you and Zero Carbon Charge (Pty) Ltd.

3. Definitions

In these Terms, the following words have the following meanings, unless the context requires otherwise:

  • “App” means the Zero Carbon Charge mobile application.
  • “Charger” or “Chargers” means any electric vehicle charging equipment owned, operated, or made available by us at a Charging Station.
  • “Charging Station” means any physical off-grid site at which one or more Chargers are located.
  • “Carbon Credit” and “Carbon Credit Scheme” have the meanings given in clause 11 (Carbon Abatement and Carbon Credits).
  • “Credits” means the prepaid CHARGE credits described in clause 7 (Prepaid Charging Credits).
  • “Product” or “Products” means any product or service provided by us, including the Chargers, the Charging Stations, the App and any related Services.
  • “Services” means, collectively, the App, the Chargers, the Charging Stations, and any other product or service we provide, including the Credits and any carbon abatement activity described in clause 11.
  • “you” / “your” means the person accessing or using the App, a Charger, or a Charging Station.
  • “we” / “us” / “our” means Zero Carbon Charge (Pty) Ltd.

4. Eligibility & Age Restriction

You must be 18 years or older (or have legal contractual capacity and, if under 18, parental/guardian consent) to register an account, make payments, or use the App, a Charger, or a Charging Station. By using the App or a Charger, you represent and warrant that you meet this requirement.

5. Use of the App and the Charging Stations

The App allows you to locate our Charging Stations, initiate and manage charging sessions, and purchase prepaid Credits. The Chargers and Charging Stations allow you to charge a compatible electric vehicle at our off-grid sites.

  • You must have a compatible mobile device with active data/Wi-Fi.
  • We are not responsible for mobile network fees, data charges, or device compatibility issues.
  • Charger availability, status, and location data are provided “as is” based on real-time information and may be inaccurate or unavailable due to technical issues, maintenance, or external factors.
  • You must use each Charger strictly in accordance with any on-site or in-App instructions, and only with a vehicle and cable that is compatible with that Charger.

6. Account Registration and Security

To access full features, create an account by providing accurate information (name, email, etc.) and keeping it updated.

You agree to:

  • Maintain confidentiality of your login credentials.
  • Be fully responsible for all activities under your account.
  • Notify us immediately at [email protected] of any unauthorized access or security breach.

We may suspend or terminate your account for suspected fraud, abuse, or breach of these Terms.

7. Prepaid Charging Credits (Vouchers / Wallet Balance)

Our Services use a prepaid credit system where 1 CHARGE credit equals 1 ZAR. Credits are deducted in real-time according to the pricing mechanism applicable at the Charging Station (e.g., based on energy delivered, time used, flat fees, or other rates as shown in the App). Credits function as prepaid vouchers under the Consumer Protection Act.

  • Purchase/Loading: Credits are purchased in-App via stored payment methods or other available options.
  • Non-refundable & Non-transferable: Credits are non-refundable (except as required by law), non-transferable, and cannot be exchanged for cash.
  • Expiry: In compliance with CPA section 63, Credits do not expire until the earlier of: (a) full redemption/use, or (b) three (3) years from the date of issuance/purchase. We may offer longer validity at our discretion.
  • Unused Balances: On account closure, termination, or prolonged inactivity (as defined in our policies), unused Credits remain redeemable for the CPA-mandated period but may be subject to administrative handling.
  • Deduction: Credits are deducted in real-time upon starting a charging session based on actual usage.
  • No Interest: No interest accrues on Credit balances.

8. Payments and Billing

You may store payment methods (e.g., credit/debit cards or other supported options) in the App to purchase prepaid Credits and pay for charging. By doing so, you represent and warrant that:

  • You have the legal right and authority to use those payment methods.
  • The information you provide is accurate and complete.

Where your card details are held: We do not store your card number, expiry date, or CVV on the App or on our own servers. When you add a payment method, that information is captured directly by, and stored solely with, our third-party payment gateway provider, who processes and safeguards it on our behalf. We only receive limited, non-sensitive information from the gateway (such as a tokenised reference and the last four digits of your card) needed to identify your saved payment method and process your purchases and charging sessions.

We use secure third-party payment processors to handle all transactions. These processors are subject to their own terms and conditions, which you agree to when making a payment.

To the extent permitted by law (including the Consumer Protection Act):

  • We are not liable for errors, delays, unauthorized transactions, declined payments, or other issues caused by third-party payment processors, your financial institution, or your failure to secure your account (e.g., using strong passwords, not sharing credentials, enabling two-factor authentication where available).
  • You remain responsible for securing your account and promptly notifying us at [email protected] of any suspected unauthorized access or fraudulent activity.

We implement reasonable technical and organisational security measures (in line with industry standards such as PCI-DSS compliance where applicable) to protect stored payment information. However, no method of electronic transmission or storage is 100% secure.

9. User Conduct

You agree not to misuse the App, our Chargers, our Charging Stations, or our Services. Prohibited conduct includes, but is not limited to:

  • Damaging, tampering with, or attempting to overload charging equipment or circuits.
  • Engaging in fraudulent, deceptive, harmful, abusive, or disruptive behavior (including attempts to defraud payment systems or interfere with other users’ charging sessions).
  • Reverse-engineering, decompiling, copying, modifying, or creating derivative works of the App or any related intellectual property.
  • Using the Services in any way that violates applicable laws, endangers safety, or breaches these Terms.

Misuse or prohibited conduct may result in:

  • Charges for any proven damage or repair costs (limited to actual, reasonable losses caused by your actions).
  • Temporary or permanent suspension/termination of your account (with notice where reasonably possible).
  • Legal action if the conduct constitutes a criminal offence or material breach.

We will act reasonably and proportionately in response to any suspected breach, and you will have an opportunity to explain or dispute allegations where appropriate.

10. EV-Charging Specific Disclaimers

  • Charging at our Chargers and Charging Stations is at your own risk.
  • We disclaim liability for vehicle damage (e.g., from power surges, incompatibility), personal injury, or property loss unless caused by our gross negligence or wilful misconduct.
  • You are responsible for safe use (correct cable handling, vehicle compatibility, supervision).
  • Third-party data (maps, charger status) is “as is” — no warranty of accuracy or availability.

11. Carbon Abatement and Carbon Credits

We reserve the right, where eligible, to participate in carbon abatement projects, enabling certification of the positive contributions that the Chargers, the Charging Stations, the App and our other Products and Services are making for the local community and environment. This clause 11 applies in all circumstances unless we agree otherwise with you in writing.

11.1 Any emissions reductions, environmental attributes, carbon abatement or offset rights or activities whatsoever which are associated with, are potentially available from, or arise from or in connection with the use of our Products (including the Chargers and the Charging Stations) and/or any electric vehicle or electric vehicle charger that utilises our Products, and which could potentially give rise to the creation of Carbon Credits, are hereby retained by and vested in us (or persons nominated by us).

11.2 You agree that we (or persons nominated by us) will be the sole owner of such emissions reductions, environmental attributes and related rights, will have authority to create related Carbon Credits under any relevant Carbon Credit Scheme, and that we may deal with any Carbon Credits as we see fit, including by assignment or sale to any third party. You agree to take all action reasonably necessary — including by providing access to the Products (including the Chargers) as may be needed — to effect the assignment or to provide for the creation and vesting of Carbon Credits, emissions reductions or related rights to us (or persons nominated by us), and not to take any action that would create a third-party interest, ownership, encumbrance or other restriction in respect of such Carbon Credits, emissions reductions, environmental attributes or related rights.

11.3 For the purposes of this clause 11:

“Carbon Credit” means any right, interest, certificate, emission attribute certificate, renewable transport fuel certificate and their equivalents, credit, inset, entitlement, benefit, token or allowance to emit (at present or in the future) greenhouse gas, under any voluntary, regulatory or legal regime, arising from or in connection with:

  • any removal, limitation, reduction, savings, avoidance, sequestration or mitigation or conservation of carbon dioxide equivalence from the atmosphere; and/or
  • transportation activities; and/or
  • renewable electricity production and/or consumption.

“Carbon Credit Scheme” means any scheme, mechanism or arrangement that provides for the creation and/or transfer of a Carbon Credit or any renewal, replacement or variation of them.

“Product” or “Products” has the meaning given in clause 3 (Definitions).

12. Limitation of Liability

To the extent permitted by the Consumer Protection Act (CPA) and applicable law:

  • We disclaim all implied warranties.
  • We are not liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, goodwill, or vehicle-related losses) arising from use of the App, a Charger, a Charging Station, or inability to use the Services.
  • Nothing in these Terms limits liability for death/injury caused by our negligence, or for fraud/wilful misconduct.

13. Indemnity

You indemnify and hold us (and our affiliates, directors, employees, agents) harmless from claims, losses, damages, costs (including legal fees) arising from your use of the App, a Charger, or a Charging Station, breach of these Terms, or misuse of the Chargers or Services.

14. Privacy

Your privacy is important. Please review our separate Privacy Policy at https://charge.co.za/privacy-policy, which forms part of these Terms. It details how we collect, use, store, and protect your personal information in compliance with POPIA (including data-subject rights, retention, security, and contact for complaints).

15. Termination

We may suspend or terminate your access/account at any time for breach, suspected fraud, or legal reasons. Upon termination, your rights under these Terms end, but CPA-protected credit expiry rules continue to apply.

16. Changes to Terms

We may update these Terms. Material changes will be notified via:

  • In-App notice
  • Email
  • Website posting

Changes take effect after a reasonable period (usually 30 days) unless urgent. Continued use after notice constitutes acceptance.

17. Force Majeure

We are not liable for failure or delay due to events beyond our reasonable control (e.g., natural disasters, load-shedding, strikes, government actions affecting off-grid operations).

18. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You submit to the non-exclusive jurisdiction of the South African courts (Gauteng Division, Johannesburg).

19. Complaints & Dispute Resolution

If dissatisfied:

  • Contact us at [email protected] with details.
  • We will respond and attempt resolution within a reasonable time.
  • If unresolved, refer to the National Consumer Commission (NCC), an accredited Alternative Dispute Resolution provider, or the applicable court.

20. General

  • Entire Agreement: These Terms (plus the Privacy Policy) constitute the full agreement between you and us.
  • Severability: Invalid provisions do not affect the remaining provisions.
  • No Waiver: Failure to enforce a provision does not waive our right to do so later.
  • Assignment: We may assign these Terms; you may not without our consent.

21. Contact Us

Email: [email protected]

Telephone: 071 607 6122

 

Thank you for using Zero Carbon Charge’s Services.

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