Summary:
- JOLT provides Electric Vehicle Charging Services.
- You must be over 18 to use the Services.
- Any charging is subject to payment of fees, and you must provide us with an eligible credit/debit card to use the JOLT services.
- As part of our onboarding process, or before charging, we may pre-authorize your credit/debit card for the Services.
- We limit our liability to you under clause 14 of these terms.
1. About the JOLT Services
1.1 These terms of use (the “Terms”) govern your use of the Electric Vehicle Charging Services (the “Services”), the JOLT Website and the JOLT App, which are operated by JOLT Charge Inc (“JOLT”). Access to and use of the Services, the JOLT Website, the JOLT App, or any associated products or Services, are subject to these Terms.
1.2 JOLT reserves the right to review and change any of the Terms in its sole discretion. When JOLT updates the Terms, it will use reasonable endeavors to provide you with notice of the updated Terms. Where a variation to these Terms is to your detriment, including where we increase any fees, we will provide at least 30 days’ prior notice, unless it is not possible to do so. Unless otherwise notified, any changes to the Terms will take immediate effect from the date of their publication. If you do not want to be bound by any changes to these Terms you can cancel your JOLT account.
2. Acceptance of the Terms
2.1 By using the JOLT Services or the JOLT App, you agree to be bound by the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by JOLT.
3. JOLT Membership
3.1 JOLT may offer the Services through different membership options, including subscription and pay-per-use accounts. Different membership types will have different terms and conditions, costs and payment terms. You may find details about your membership type in the JOLT App.
3.2 Use of all JOLT membership types are subject to these Terms, the Privacy Policy, and JOLT’s Fair Use Policy.
3.3 If you choose to terminate a JOLT subscription membership you will be automatically moved onto JOLT’s pay-per-use membership unless you cancel your JOLT account.
4. Your obligations as a User
4.1 To use the JOLT Services and the JOLT App, you must:
(a) be over 18 years of age;
(b) only use the Services in accordance with these Terms, JOLT’s Fair Use Policy, the Jolt Privacy Policy, and applicable law;
(c) not share your account or password with any other person, allow any other person to access your account for any reason, or create multiple JOLT accounts;
(d) not use the Services or the JOLT App in connection with a commercial or business purpose, except those that are explicitly approved by JOLT;
(e) not use the Services or JOLT App for any illegal or unauthorized use; and
(f) not attempt to scrape, decompile, data-mine, reverse engineer, disassemble, or otherwise deal with the JOLT Services, the JOLT Website or the JOLT App in any way other than as it is intended to be used.
5. Payments
5.1 You agree to pay any fees by credit card or debit card (payment method). To use the JOLT Services, you must provide us with one or more current payment methods, and you authorize us to charge that payment method for any fees that are payable either on a subscription, or pay-per-use basis, or which otherwise arise under these Terms.
5.2 You agree that where a request for the payment of the fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with our recovering the payment.
6. Pre-authorization
6.1 .1 You agree that we may pre-authorize any payment method you provide us either at signup or for the purposes of providing the Services.
7. Payment for Idle Charging
7.1 If you are parked in one of our JOLT charging stations, you must be actively using the JOLT charger provided.
7.2 If you stay for more than fifteen (15) minutes after your charge is complete, or in any event where you are parked in the charging station and not charging your car, JOLT reserves the right to charge you at a specified rate.
8. Cancellation
8.1 You may cancel your JOLT account at any time. If you have a JOLT subscription, your cancellation will take effect immediately, and you will not be able to use the JOLT Services for your subscription tier from the date of cancellation.
8.2 To the extent permitted by law, payments are non-refundable, and JOLT will not provide a refund of any subscription fee or other charges paid in the event of a cancellation or termination of your JOLT account.
8.3 On cancellation of your JOLT account, we shall delete or de-identify any data we have about you.
9. Copyright and Intellectual Property
9.1 All intellectual property rights in the JOLT App, the JOLT Website, the Services and all related contents, features, functionality, and products are owned by, provided to, or licensed to, JOLT. Except where necessary to view the material on the JOLT Website or in the JOLT App on your browser, or as permitted by applicable laws or these Terms, no material on the JOLT Website or in the JOLT App may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without the specific written consent of JOLT. You must not use any trademark displayed on the JOLT Website in any way without our express written consent. These Terms permit you to use the Services for your lawful use only. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material of the Services, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
9.2 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content of the Services is transferred to you, and all rights not expressly granted are reserved by JOLT. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
10. Privacy
10.1 JOLT takes your privacy seriously and any information provided through your use of the JOLT App and/or Services is subject to JOLT’s Privacy Policy, which is available at https://joltcharge.com/us/privacy.
11. Guarantees
11.1 Nothing in the Terms limits or excludes any warranties, representations or conditions implied or imposed by law, which by law may not be limited or excluded.
11.2 Subject to this clause 11, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
11.3 Use of the JOLT App and the Services is at your own risk. Everything on the JOLT App and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of JOLT’s affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services referred to in the JOLT App. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
(b) the accuracy or suitability of any information in the JOLT App, the Services, or any related products (including third party material and advertisements in the JOLT App);
(c) costs incurred as a result of you using the JOLT App, the Services or any related products of JOLT;
(d) the Services or operation in respect to links which are provided for your convenience; and
(e) the results of using the Services with your vehicle, including the charge or discharge of your vehicle, or any related electrical or mechanical occurrences.
12. Links To Other Websites and Third Party Information or Services
The Services may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT JOLT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.
13. Competitors
If you are in the business of providing similar Services to JOLT, whether for business users or domestic users, then you are a competitor of JOLT. Competitors are not permitted to use or access any information or content on the JOLT Website or the JOLT App. If you breach this provision JOLT will hold you fully responsible for any loss that we may sustain from such a breach.
14. Limitation of liability
14.1 Subject to any rights which by law cannot be excluded, JOLT is not liable to you, whether in contract, tort (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to:
(a) your use of the JOLT Website, JOLT App or the JOLT Services (including any charge or discharge or otherwise electrical or mechanical occurrence with your vehicle); or
(b) any material on the JOLT Website or in the JOLT App.
14.2 JOLT’s total liability to you, whether for a breach of a condition or warranty implied by law, or otherwise, and which cannot be excluded, is limited to the extent possible, at JOLT’s option, to the supply of the Services again or a refund of the fees and charges for the Services paid by you.
14.3 To the extent permitted by law, JOLT will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
15. Termination
15.1 These Terms will continue to apply until terminated by either you or by JOLT in accordance with this clause 14.
15.2 If you want to terminate your JOLT account, you may do so by:
(a) closing your account via the JOLT App; or
(b) contacting our customer support team to request cancellation.
If you wish to close your account via our customer support team you should contact the team in writing via the ‘Contact’ page https://joltcharge.com/contact on the JOLT Website.
15.3 JOLT may suspend or terminate your account if:
(a) you have not paid, or JOLT is not otherwise able to recover, any fees or payments owing on your account;
(b) you have breached any provision of the Terms, including breaching the JOLT Fair Use Policy, or have otherwise contravened or broken any applicable law;
(c) your conduct impacts JOLT’s name or reputation or violates the rights of another party; or
(d) JOLT is required to do so by law.
16. Complaints
16.1 If you have a complaint with JOLT please contact our customer support team. We will acknowledge receipt of any complaints as soon as reasonably practicable, and will aim to resolve all complaints within 21 days.
16.2 We will inform you of the outcome of your dispute whenever practicable.
17. Governing Law
These Terms are governed by the laws of the state of Delaware. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Chicago, Illinois.
18. Severance
18.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the remainder shall remain in force.
19. Carbon Abatement
19.1 Any emissions reductions, carbon credits and other carbon abatement rights or activities whatsoever which are generated by the use of the Services and our charging infrastructure, are hereby assigned to and vested in JOLT (or JOLT licensees).
19.2 You agree that JOLT (or JOLT licensees) will be the sole owner of such emissions reductions, carbon credits and related rights, and the project proponent under any relevant carbon credit scheme, and that JOLT may utilize them as it sees fit, including in connection with any carbon credit scheme or by assignment or sale to any third party. You agree to take any action reasonably necessary to effect the assignment or to provide for the creation and vesting of carbon credits, emission reductions or related rights to us (or our licensees) and not to take any action that would create a third-party interest, ownership, encumbrance or other restriction in respect of such carbon credits, emission reductions or related rights.
19.3 For the purposes of this clause 19:
(a) “carbon credit” means any right, interest, unit, credit entitlement, benefit or allowance to emit (at present or in the future) greenhouse gas or carbon emissions under any carbon credit scheme; and
(b) “carbon credit scheme” means any voluntary, regulatory or legal regime, scheme or arrangement arising from or in connection with any removal, limitation, reduction, avoidance, abatement, offset, sequestration or mitigation or conservation of carbon dioxide or GHG emissions or equivalence from the atmosphere, including the creation, transfer, renewal, replacement or variation of any associated carbon credits.