Terms and Conditions of Use for EVQuick PTY Ltd EV Charging Sites
Effective Date: October 1, 2025
These Terms and Conditions of Use ("Terms") govern your access to and use of the electric vehicle (EV) charging stations, equipment, and related services ("Services") provided by EVQuick PTY Ltd ("we," "us," or "our") at our EV charging sites ("Sites") in South Africa. By accessing or using the Services, including initiating a charging session, you ("you," "your," or "User") agree to be bound by these Terms. If you do not agree, you must not use the Services.
These Terms incorporate our Privacy Policy and any pricing schedules, user guides, or safety instructions posted at the Sites or on our website. We may update these Terms at any time, with changes effective upon posting at the Sites or online at www.evquick.co.za. Your usage of the Services after such changes constitutes acceptance.
1. Acceptance of Terms
By using our Services, you confirm that you have read, understood, and agree to be bound by these Terms, including any referenced policies. You are responsible for maintaining the confidentiality of any account information used to access the Services and for all activities under your account.
2. Eligibility and Authorized Use
Eligibility: You must be at least 18 years old and hold a valid driver’s license to use the Services. The Services are designed solely for charging standard, industry-manufactured automotive electric vehicles compatible with our charging standards (CCS2). Use with non-standard vehicles (e.g., electric boats, home-built vehicles, or incompatible EV connectors) is prohibited.
Authorized Use: You agree to use the Services only for lawful purposes, in compliance with South African laws, including the Consumer Protection Act 68 of 2008, and all traffic and parking regulations at the Sites. You must follow all posted instructions, safety guidelines, and operating manuals for the charging equipment and your vehicle.
Prohibited Conduct: You agree not to engage in any conduct that is harmful, fraudulent, deceptive, or disruptive to the operation of the Services. This includes, but is not limited to, tampering with, damaging, or misusing charging equipment, cables, or stations; using unapproved adapters; reselling charging access; or accessing the Services without authorization. You must ensure your vehicle is parked securely in designated spots with the parking brake engaged during charging.
3. Payment and Billing
Fees for charging sessions are based on kilowatt-hours (kWh) delivered, time-based rates, or fixed session fees, as displayed at the Site or our website. You agree to pay all applicable fees, taxes, and surcharges via the payment method on file.
Refunds are issued at our sole discretion, typically only for verifiable session failures.
4. Equipment and Safety
We strive to provide charging stations and cables in good working order but do not guarantee uninterrupted or error-free operation due to factors such as power outages, network issues, or scheduled maintenance. You must report any equipment faults immediately via our website contact details.
Our CCS2-compliant charging cables include breakaway mechanisms designed to detach under moderate force (e.g., during accidental drive-offs) to minimize damage, in compliance with IEC 62196-3 and IEC 61851-1 standards. However, you remain liable for any resulting equipment damage, and we disclaim liability for vehicle damage from such events.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EVQUICK PTY LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
Your access to or use of, or inability to access or use, the Services.
Damage to your vehicle, its battery, charging port, or any other property, including due to electrical surges, compatibility issues, drive-offs, or accidental disconnections.
Any unauthorized access to or use of our Services or your account.
Any interruption or cessation of the Services due to external factors, including force majeure (e.g., natural disasters, strikes, power outages, Load shedding or third-party actions).
Any damage to your vehicle while parked at our charging station sites whether unattended or not this including, theft and or vandalism.
Our total liability under these Terms shall not exceed the fees you paid for the specific charging session or R2,000, whichever is greater. These limitations do not apply to liability for gross negligence, wilful misconduct, death, or personal injury caused directly by our actions, as required by the Consumer Protection Act 68 of 2008.
6. Customer Responsibilities and Indemnification
YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO OUR CHARGING EQUIPMENT, STATIONS, CABLES, OR SITES CAUSED BY YOUR ACTIONS OR NEGLIGENCE, INCLUDING BUT NOT LIMITED TO VEHICLE IMPACTS, BUMPING, DRIVE-OFFS, OR IMPROPER USE. This includes all repair, replacement, and cleanup costs, which you agree to pay promptly upon receipt of an invoice. We may charge a minimum assessment fee of R2,000 for equipment inspections following incidents, plus the cost of actual damages and repairs.
You agree to defend, indemnify, and hold harmless EVQuick PTY Ltd and its affiliates, and their employees, contractors, agents, officers, and directors, from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys’ fees) arising from:
Your use of the Services, including any negligent, reckless, or intentional acts, such as vehicle accidents or collisions at the Site.
Damage to third parties or their property caused by your use of the Services.
Your breach of these Terms, including failure to comply with parking rules, safety instructions, or proper vehicle securing during charging.
You must maintain adequate vehicle insurance coverage, including comprehensive 3rd party insurance and comprehensive auto insurance covering EV charging-related incidents for a minimum of R500,000 ZAR. Proof of valid insurance must be provided upon request.
7. Termination and Suspension
We may suspend or terminate your access to the Services immediately, without notice or liability, if you breach these Terms, including non-payment or causing damage to our equipment. Upon termination, you remain liable for all outstanding fees and damages and your vehicle VIN will be blacklisted from our network until such time any debts or pending payments have been settled.
8. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") shall be resolved as follows:
Negotiation: The parties shall first attempt to resolve the Dispute through good faith negotiations within 30 days of written notice.
Arbitration: If unresolved, the Dispute shall be referred to binding arbitration in Johannesburg, South Africa, under the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted by a single arbitrator, and the parties shall share costs equally, unless otherwise agreed. The arbitrator’s decision shall be final and binding.
9. Miscellaneous
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
Entire Agreement: These Terms, together with any referenced policies, constitute the entire agreement between you and us regarding the Services.
Notices: All notices under these Terms must be in writing and delivered via email to info@evquick.co.za or as posted at the Sites.
Contact Us: For questions or support, contact us at info@evquick.co.za or visit www.evquick.co.za.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
