Black Tower Terms of Service

 

  1. Acceptance of the Terms of Service and Privacy Notice

These terms and conditions are entered into by and between you and Black Tower EVC (Pty) Ltd, including each of its affiliates and subsidiaries as part of the Red Rocket group of companies (collectively, “Black Tower”, “we”, or “us”). These terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service “), govern your access to and use of our Black Tower mobile application downloaded and installed on your device (App) and the products and services provided to you on or through our App, being electric vehicle charging products and services and ancillary and related services (Services).

 

Please read these Terms of Service carefully before you start using our App and Services. By using our App or ticking a checkbox to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and by our Privacy Notice [insert link], which is incorporated herein by reference. If you do not agree to these Terms of Service or our Privacy Notice [insert link], you must not access or use our App or Services.

 

If relevant, please make sure you have the necessary authority to enter into these Terms of Service on behalf of the organisation that you represent before proceeding. Nothing in these Terms of Service is intended to contravene the applicable provisions of the Consumer Protection Act, 2008. These Terms of Service must be treated as being qualified, to the extent necessary, to ensure compliance with all applicable laws.

 

  1. Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion to reflect changes in law or to deal with new features we introduce. We will notify you of the changes by email or other means. If you do not accept the changes you will not be permitted to continue to use our App or Services. This version of the Terms of Service was last updated in October 2025.

 

  1. App users

These Terms of Service apply to all users of our App and Services (each a “User”).

 

  1. App licence

 

We license you to use our App’ssoftware, any updates or supplements to it, and the content we provide to you through the App, as permitted in these Terms of Service .

 

  1. Prices

 

The prices payable for our Services are clearly set out on our App. In order to complete an order you will need to select the relevant Service (e.g., a full charge, or a charge of a defined monetary amount) and choose your payment method, before reviewing your order and proceeding to complete the payment (as prompted on our App).

 

Prices are inclusive of any applicable value added tax (to the extent that VAT applies). Any other costs, fees and expenses will be displayed before you complete your purchase in order for you to review your order and proceed to payment. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand  will be borne by you. If, by mistake, we have underpriced a Service, we will not be liable to supply that Service to you at the stated price, provided that we notify you before we provide it to you

 

All prices, fees, duties, taxes and costs are subject to change at any time, without prior notice to you. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Service availability, errors in the description or price of the Service, error in your order or other reasons. If we owe you money, we will credit your payment method as soon as reasonably practicable but, in any event, no later than 30 days from the date when we accept that repayment is due.

 

  1. Payment

 

You will pay all sums due to us by the means specified without any set-off, deduction or counterclaim. All monies paid by you to us are non-refundable and cancellation and/or termination of the contract between us by you or us at any time for any reason will not entitle you to a refund of monies paid.

 

We take care to make our App safe for you to use. Payments are not processed by us. We use one or more online payment service providers who will encrypt your payment card or payment details in a secure environment.

 

  1. If you purchase as a consumer

 

This clause 7 applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002 (“the Act”). For all purposes at law, the contract between us is not made until you have accepted these Terms of Service and we have agreed to provide the Service you want. Whether or not you have paid any money to us at that time is neither relevant to the start of the contract or your right to cancel. The contract is not made automatically at the point when you have accepted these Terms of Service. That is merely your offer. The contract is made later, when we accept and agree to provide the Service you want. Most customers want us to supply a Service before the expiry of the 7 days cancellation period. Our business system therefore operates on the basis that we supply a Service as soon as we can, without waiting for the 7 days cancellation period to expire. Before we agree to supply a Service, we therefore ask that you give up your right to cancel, as the law allow. If you do not agree, we shall not be able to provide a Service to you within 7 days of receiving your order. So far as our Service is continuing, you may cancel it at any time before we have completely provided it. If you do, we will return to you any money paid after deduction of an appropriate amount to cover any part of the Service we have supplied, including for work we may not by then have told you about.

 

  1. Using our App and account security

We reserve the right to terminate or modify our App and Services, and any content or materials we provide on the App, in our sole discretion and without notice. We will not be liable if for any reason all or any part of our App or Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all of our App or Services.

 

You may be asked to provide certain registration details or other information in order to use our App and Services. It is a condition of your use of our App and Services that all the information you provide on our App is correct, current, and complete.

 

If you create, or are provided with, a username (your email address), password, or any other piece of information as part of our App’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to our App or portions of it using your username (email address), password, or other security information. You will be held responsible for any action taken via your account.

 

You agree to notify us immediately of any unauthorized access to or use of your username (email) or password or any other breach of security.

 

We have the right to disable any username (email address), password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service .

 

  1. Acceptable use restrictions

You must:

  • Be 18 or over to accept these Terms of Service;
  • Not use our App or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into our App or Services or any operating system;
  • Not infringe our intellectual property rights or those of any third party in relation to your use of our App or Services;
  • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our App or Services;
  • Not use our App or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
  • Not collect or harvest any information or data from our App or Services or our systems or attempt to decipher any transmissions to or from the servers running our App or Services.

 

  1. Licence restrictions

You agree that you will:

  • Not rent, lease, sub-license, loan, provide, or otherwise make available, our App or Services in any form, in whole or in part to any person without prior written consent from us;
  • Not copy our App or Services, except as part of the normal use of our App or where it is necessary for the purpose of back-up or operational security;
  • Not translate, merge, adapt, vary, alter or modify, the whole or any part of our App or Services nor permit our App or Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use our App or Services on devices as permitted in these terms;
  • Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of our App or Services nor attempt to do any such things;
  • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by our App or Services; and
  • Not access or use our App or Services to develop competitive products or services.

 

  1. Charging bay

Our Services permit you to charge your electric vehicle in a charging bay that has our equipment. The charging bay is not a parking bay. You agree that you will remove your vehicle from the charging bay immediately following the completion of the charging of your vehicle.

 

  1. Intellectual property rights

All intellectual property rights in our App and Services belong to Black Tower or its affiliates or licensors and the intellectual property rights in our App and Services are licensed (not sold) to you. You have no intellectual property rights in, or to, our App or Services other than the right to use them in accordance with these Terms of Service.

 

If you use our App or Services in breach of the Terms of Service, your right to use our App and Services will stop immediately. No right, title, or interest in or to our App or Services or any content on our App or Services is transferred to you, and all rights not expressly granted are reserved by Black Tower. Any use of our App or Services not expressly permitted by these Terms of Service is prohibited, constitutes a breach of these Terms of Service and may violate copyright, trademark, and other laws.

 

  1. Trademarks

The Black Tower and name, trademarks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Black Tower or its affiliates or licensors. You must not use such trademarks without the prior written permission of Black Tower.

 

  1. Monitoring and enforcement; termination

We have the right to:

  • Take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of our App or Services or violation of these Terms of Service; and/or
  • Terminate or suspend your access to all or part of our App or Services for any or no reason, including without limitation, any violation of these Terms of Service ;

 

If we terminate your access to our App or Services:

  • You must stop all activities authorised by these Terms of Service , including your use of our App and Services.
  • You must delete or remove our App from all devices in your possession.
  • We may remotely access your devices and remove our App from them and cease providing you with access to the Services.

 

  1. Updates to our App and changes to the Services

From time to time we may automatically update our App or change the Services, for example to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update our App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using our App or Services. We aim to keep the content on our App up-to-date and accurate, but at times the content may not be complete or current.

 

  1. Information about you and your visits to the App

You agree that all information that you provide to register with and use our App, or otherwise provide to us, and all information  we collect on our App and Services, is subject to our Privacy Notice [insert link]. By using our App and Services you consent to all actions taken by us with respect to your information consistent with our Privacy Notice [insert link].

 

  1. Third party links and service providers

Our App and Services may, from time to time, contain links to and from third party websites, plug-ins, applications, APIs and/or services (e.g. our online payment service providers). Such websites, plug-ins, applications and/or services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy notices (if any). You will need to make your own independent judgement about whether to use any such independent third parties.

 

  1. Geographic restrictions

The owner of our App and Services is incorporated and registered in the Republic of South Africa and has its registered office in Cape Town, South Africa. We provide our App and Services for use by persons located within the Republic of South Africa only.

 

  1. Disclaimer of warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from app stores, the internet, our App or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF OUR APP OR SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH OUR APP OR SERVICES.

 

YOUR USE OF OUR APP AND SERVICES, AND ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH OUR APP OR SERVICES IS AT YOUR OWN RISK. OUR APP AND SERVICES, THEIR CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH OUR APP OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLACK TOWER NOR ANY PERSON ASSOCIATED WITH BLACK TOWER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR APP OR SERVICES.

 

WITHOUT LIMITING THE FOREGOING, NEITHER BLACK TOWER NOR ANYONE ASSOCIATED WITH BLACK TOWER REPRESENTS OR WARRANTS THAT OUR APP OR SERVICES, THEIR CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH OUR APP OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR SERVICES OR THE SERVER OR EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR APP OR SERVICES OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

BLACK TOWER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED BY A THIRD PARTY THROUGH OUR APP OR SERVICES AND BLACK TOWER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION, INCLUDING THE MONITORING OF ANY TRANSACTION, BETWEEN YOU AND ANY THIRD PARTY.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, BLACK TOWER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Limitation of liability

TO THE FULLEST EXTENT PROVIDED BY LAW, BLACK TOWER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR APP OR SERVICES SHALL BE LIMITED TO DIRECT DAMAGES CAUSED BY BLACK TOWER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ONLY.

 

IN NO EVENT SHALL BLACK TOWER BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOSS OF PROFITS, EVEN IF FORESEEABLE.

 

NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF BLACK TOWER FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR APP OR SERVICES,  SHALL NOT EXCEED THE amount you have paid us in the immediately preceding 3 month period for  OUR Services.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

THIS CLAUSE 20, CLAUSES 19 AND 21, and any other CLAUSE which excludes or restricts our liability or provides an indemnity to us, applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless Black Tower, its affiliates, licensors, and service providers, and its and their respective directors, officers, employees, subcontractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising directly or indirectly out of or relating to: your violation or breach of these Terms of Service; your use of our App or Services other than as expressly authorized in these Terms of Service; your use of any information obtained from our App or Services; your failure to comply with the laws of any country; any contractual claims arising from your use of our App or Services; bodily injury, death or property damage arising from your use of our App or Services (including damage to our charging equipment).

 

  1. Governing law and jurisdiction

All matters relating to our App and Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to its principles relating to conflicts of law.

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service, our App of Services shall be instituted exclusively in the courts of Cape Town, South Africa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR APP OR SERVICES MUST BE COMMENCED WITHIN 30 DAYS AFTER THE CAUSE OF ACTION OCCURS; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. Waiver and severability

No waiver by Black Tower of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Black Tower to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

  1. Further important terms

 

We may transfer our rights and obligations under these Terms of Service to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

You may only transfer your rights or your obligations under these Terms of Service to another person if we agree in writing.

 

So far as the law permits, and unless otherwise stated, these Terms of Service do not give any right to any third party.

 

Even if we delay in enforcing these Terms of Service, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Service , or if we delay in taking steps against you in respect of your breach of these Terms of Service, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

  1. Survival

On termination of these Terms of Service , the following sections along with this section shall continue in force: clauses 12, 13, 19 – 28.

 

  1. Entire agreement

These Terms of Service which incorporate our Privacy Notice [insert link] constitute the sole and entire agreement between you and Black Tower regarding our App and Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our App or Services.

 

  1. Your comments and concerns

Our App and Services are operated by Black Tower EVC (Pty) Ltd whose registered office is at 2nd Floor, Cape Town Cruise Terminal Building, V&A Waterfront, Cape Town, 8001. All notices, including those of copyright infringement, and other feedback, comments, requests for technical support, and other communications relating to our App or Services should be directed in the first instance to info@blacktower.energy.