General Terms and Conditions:
This document is introduced and approved by 'Electrify Georgia' LLC (Identification Number 405663802) (hereinafter referred to as the 'Company'). Contact Information: Phone: +995 32 2 055 100 (WhatsApp); Email: info@electrify.ge; Address: Al. Kazbegi Ave. #24, Tbilisi, Georgia
"Electrify Georgia" LLC (I/N 405663802) is a company with the highest corporate responsibility, which cares about the environment, ecology, consumer rights, and the provision of safe, high-quality services. These terms and conditions are mandatory for you to receive the services of "Electrify Georgia" LLC (I/N 405663802). Accordingly, by expressing your consent, you give your full and informed consent to all and any of the following terms;
These Terms and Conditions constitute a set of mandatory contractual provisions that define a legally and financially binding document between the Company and the Customer
Accordingly, by providing your consent, you acknowledge and confirm that you give your full, informed, and unambiguous agreement to each and every one of the terms and conditions set forth below, as well as to the Company’s Privacy Policy.
1.1. The present terms and conditions and constitute a binding agreement between you and "Electrify Georgia" LLC (I/N 405663802) and govern your use of services through the application of "Electrify Georgia" LLC (I/N 405663802). Also, the provision of services to you by "Electrify Georgia" LLC (I/N 405663802), legal, technical, and/or financial issues necessary for the provision of services, rules, bases, and standards of personal data processing.
1.2. Please read these terms and conditions and their appendices (if any) carefully.
1.3. The Company is the lawful owner of the website and mobile applications through which the services are offered. For these purposes:
● Website – means https://electrify.ge;
● Application – means the electronic platforms through which the Customer accesses the Company’s services, namely:
o iOS: https://apps.apple.com/il/app/electrify-georgia-ev-chargers/id6480051671;
o Android: https://play.google.com/store/apps/details?id=ge.electrifygeorgia.app2&pcampaignid=web_share
2.1. By agreeing to these terms and conditions, the user confirms that:
2.1.1. The user has full authority to agree to these terms and conditions, sign an agreement with the company and fulfill the obligations under the agreement. Accordingly, consent to these terms and conditions is considered as signing of the contract by the user, as an expression of consent to the contractual conditions, and the company is authorized to provide services to the user in accordance with the established conditions;
2.1.2. The user declares that they are a capable person and acts on the basis of free will and they are not under the influence of alcohol, narcotic, psychotropic, or any other drug that excludes their free will. The user also confirms that they have not been subjected to any illegal actions, such as threats, pressure, violence, etc., and they are fully aware of the content of the expression of their will and the legal consequences arising from it. Any and all liability in connection with this shall rest with the user;
2.1.3. The user will fulfill the obligations under the contract in a timely manner, in good faith, at the appointed time and place;
2.1.4. All data shared by the Customer with the Company and registered on the Company’s platform shall be accurate. In the event of any changes to such data, the Customer shall be responsible and/or obliged to make the corresponding updates in the program/application;
2.1.5. The Company enters into an agreement based solely on the representations, warranties, and obligations contained in these terms and conditions and considers them to be the terms of the agreement. Accordingly, the user's acceptance of these terms and conditions implies the conclusion of the contract without exception to any rule and/or condition. Violation of any of the rules and conditions by the user is a sufficient reason for the company to unilaterally refuse to provide all or any of the services provided for in the agreement and conditions.
3.1. In order to receive services through the application, the user is obliged to register in the application. In order to realize the aforementioned:
3.1.1. The user indicates the following data: name, surname, e-mail, mobile number, date of birth, and country. Also, in order to simplify the payment process for the received services and to enable the electronic and automatic deduction of funds, the Customer provides the platform with their bank card details. At the same time, the Customer is always entitled to request detailed information regarding the automatic deductions — including the services received, the fees paid or payable, and the dates of the services rendered;
3.1.2. In order to complete the registration, the user must agree to the presented terms and conditions;
3.1.3. The user is obliged to always keep their personal account access codes safe and never disclose them to third parties;
3.1.4. The user assumes full responsibility for any actions performed under their account. If a person accesses a user's account in the name and at the direction of another person, it is assumed that they have sufficient authority to impose certain obligations on the user. The company fully disclaims responsibility for damage caused by access to the user's account by a third party;
3.1.5. The user is obliged to ensure the accuracy of the information in their personal account and its updating. The company will not be responsible for any damage caused by the user's non-fulfillment of the said obligation. The company has the right to request from the user at any time confirmation of the correctness of the information or presentation of documents or other evidence;
3.1.6. After the user registers in the application, the user can use the website through authentication.
3.2. The user is entitled to refuse to receive the service at absolutely any time. This applies both to the service process itself and to any period outside of the service process. The user shall only pay for the flawlessly rendered services that they (the user) received from the Company. Withdrawal from the contract does not require any additional procedure. The user is entitled to deactivate the application on their electronic device. The user is also authorized not to activate the application, not to receive the service, and not to charge the vehicle in accordance with their own decision. The user shall not be charged any fee (including any membership fee) if they (the user) do not receive the service and do not charge the vehicle
4.1. The company is responsible for:
4.1.1. Correct and accurate calculation of the tariff;
4.1.2. Proper and legal processing of personal data;
4.1.3. Timely and accurate posting and reflection of changes to the rules and conditions;
4.1.4. Liability for compensation of damages caused to the user intentionally and/or due to gross negligence;
4.1.5. Liability for defects/deficiencies caused by the company's unlawful and/or culpable action (faulty conduct);
4.1.6. To comply with the present rules and conditions, as well as the applicable legislation of Georgia.
4.2. The Company bears no responsibility for:
4.2.1. Theft, vandalism, robbery, and/or any other crime;
4.2.2. Falling of trees, earthquake, hail, flood, and/or other natural disasters;
4.2.3. In no case of imposition of responsibility and/or accrual of fines and/or fines by authorized persons of the state;
4.2.4. Power fluctuations, voltage, any kind of electrical charge, current, and/or voltage fluctuations and/or supply interruptions and/or any other technical fault that may and/or may not cause harm, damage to the vehicle and the like;
4.2.5. An accident, an emergency situation, any damage caused/to be caused by any third party, action, and/or wrongdoing;
4.2.6. Any kind of action, action, fact, and/or event that is beyond the company's powers, competencies, influence, and means of influence.
4.2.7. Damages and/or occurrences arising from the actions of a third party, including but not limited to a third party's fault, intention, gross negligence, and/or any other unlawful act;
4.2.8. Damages and/or occurrences resulting from the user's employment of equipment not factory-fitted to the vehicle during the charging process. This also includes damage caused by the malfunction/defect of the vehicle’s parts and/or various devices/equipment used by the user during the vehicle charging process;
4.3. The Company's liability extends only to the accuracy of the application, the proper functioning of the charging device, the lawful processing of personal data, and other matters explicitly provided for by these Terms and Conditions, as well as by the current legislation of Georgia (where the Company's liability is established/provided for), including compensation for damages caused by the Company's fault. Furthermore, in the event of an incorrect deduction of funds from the user's bank account, the Company is obliged to rectify the inaccuracy/error. Upon the user's request, the Company is obliged to provide the user with all/full information/documentation in its possession, excluding information/documentation that contains confidential information (Confidential information includes: personal data of third parties, state, commercial, professional secrets, and executive privilege). Should the documentation provided by the Company be unsatisfactory to the user, the user is authorized to independently obtain alternative documentation. If the Company's fault is conclusively established, the Company shall fully compensate for the damages caused by its fault.
5.1. The service fee shall be determined by the Company at its sole corporate discretion. The Customer shall be informed of the applicable fee through the application prior to commencing the service;
5.2. The Company shall be entitled to automatically and without acceptance (pre-approval) deduct the amount of the service fee for the services received by the Customer from the Customer’s bank account. For this purpose, the Customer provides the Company, via the application, with their bank card details;
5.3. The Company shall be entitled to withhold or terminate the provision of services to the Customer if the Customer does not have the minimum amount required by the Company (or that may be established by the Company) available on the indicated bank card;
5.4. The Company shall also be entitled to adjust the fee already received from the Customer. In particular, the Company may additionally deduct from the Customer’s bank account any underpaid or incorrectly charged amount, and conversely, refund to the Customer any overpaid amount. Furthermore, in the event that the user fails to pay the service fee, the Company shall be entitled, without prior acceptance or additional authorization, to deduct the due amount from the user’s account at any time when sufficient funds become available. In the event that, due to any technical reason, an excessive amount is withdrawn from the user’s account, the Company shall reimburse the overpaid amount to the user within five (5) business days from the date of receipt of a written request. For the purposes of this clause, business days shall mean the days from Monday through Friday, excluding weekends and public holidays as defined under the Organic Law of Georgia on the “Labour Code.”
5.5. The Customer shall be solely responsible for the accuracy and legitimacy of the bank details provided, as well as for the lawful use thereof and/or any other legal or financial circumstance whatsoever. The Company shall not investigate nor assume any responsibility regarding whether the specific bank details lawfully belong to the Customer.
5.6. In the event that the Customer deposits funds into the Company’s account in advance, as part of their personal balance, and subsequently requests a refund of such funds, the Customer hereby acknowledges and agrees that the servicing commercial bank may withhold from the Company a certain percentage as a transaction or service fee (approximately two to three percent (2–3%)). The aforementioned fee shall be deducted from the amount to be refunded to the Customer. Consequently, the amount reimbursed to the Customer may be two to three percent (2–3%) less than the amount originally requested, representing the applicable banking service charge;
5.7. The service fee shall be communicated to the user within the application, including prior to the commencement of the service process. If the user is dissatisfied with the service fee, or for any other reason, the user is entitled to refuse the service and decline to receive the Company's services. Furthermore, the user is authorized to cease receiving the service / refuse the service at absolutely any time, including after the service has already begun. In such a case, the user shall only pay the fee (the amount) corresponding to the services actually received. The Company shall not impose any additional and/or hidden fees on the user, including in the event of early termination of the service;
5.8. The user is entitled not to pay the service fee if the Company fails to provide the service, or if the service is provided with a material, significant defect, which shall be established/confirmed by relevant evidence.
6.1. The Company is a legal entity registered in Georgia. Its details are as follows: Electrify Georgia LLC (Identification Code: 405663802); Address: Georgia, Tbilisi, Saburtalo District, Giga Japaridze Street No. 24, Building No. 204; Email: beka@electrify.ge.
6.2. The Company shall be entitled to amend this document at any time. The updated version shall acquire legal force upon its electronic publication within the application;
6.3. Any and all legal circumstances not regulated by this document shall be governed and determined in accordance with the applicable laws of Georgia;
6.4. Any dispute arising between the Parties shall be resolved through negotiation. In the event that no agreement is reached, the matter shall be submitted to the courts of Georgia. The Tbilisi City Court shall have jurisdiction as the court of first instance.
6.5. These Terms and Conditions are public and accessible online, in electronic format. In the event that an amendment is made to the document, it (the amendment) shall be reflected therein immediately.
