OUR PRODUCT
Terms and Conditions
This Terms and Conditions sets forth the rules and conditions
between GOFAR and Electric Vehicle User (the "User"), regarding the services to be
provided by GOFAR to the User.
1. GENERAL PROVISIONS
1.1. About GOFAR
GOFAR is a company dedicated to the management of electric vehicle charging stations situated within the territory of the Republic of Azerbaijan. Through our mobile application and website, users are provided with convenient access to our services.
1.2. Legal Information About GOFAR and its Contact information:
Trade Name: GOFAR
Address: Narimanov District M2A, 120, Azerbaijan, Baku, AZ1008
Tax Number: 1506566211 (VOEN)
E-mail: info@gofar.az
Call Center: +994 399 37 07
2. ACCEPTANCE OF TERMS
2.1. By accessing or using our App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please refrain from using the App.
2.2. The User hereby acknowledges and affirms that they have been duly apprised of the Service, inclusive of its terms, tariff, payment particulars, rights of withdrawal, termination conditions, and all other relevant provisions. Additionally, the User confirms receipt of comprehensive and detailed information pertaining to these terms and conditions
3. ACCESS AND PROVISION OF CHARGING SERVICES
3.1. Users have the flexibility to access charging services at all GOFAR network charging stations open to the public with or without registering. For registered users, access is facilitated through the RFID card (GOFAR card) provided to the user, the GOFAR mobile application (available for free download on the Play Store or App Store), or other methods offered by GOFAR. Non-registered users can also avail themselves of charging services using the same methods. GOFAR reserves the right to modify or update its applications, including the mobile app and RFID card (GOFAR card), used during the provision of services, and may introduce new applications or discontinue existing ones.
4. SERVICES
4.1. GOFAR offers service(s) (the "Service(s)") to the User allowing them to
charge their electric vehicles at GOFAR's station network. The User will be
able to use GOFAR's mobile application and/or RFID card(GOFAR card) to be delivered to
him/her by GOFAR while receiving the Service.
4.2. The App may collect and process the following information for the purposes of providing services and improving user experience:
• Full Name (optional)
• Email Address (optional)
• Mobile Device Identifier (optional)
• Location (optional)
• Vehicle Registration Number (optional)
By using the App, you consent to the collection and processing of this information. We are committed to protecting your privacy and will handle your data in accordance with our Privacy Policy.
4.3. You agree not to engage in prohibited activities, including:
a. Copying, distributing, or disclosing any part of the Service.
b. Using automated systems to access the Service.
c. Transmitting spam or unsolicited emails.
d. Compromising system integrity or security.
e. Overloading our infrastructure.
f. Uploading harmful software.
g. Harvesting personally identifiable information.
h. Using the Service for commercial solicitation.
i. Impersonating others or hiding your identity.
j. Interfering with the Service's proper functioning.
k. Accessing content through unauthorized means.
l. Bypassing access restrictions.
We may change or discontinue the Service, impose usage limits, or suspend your access without notice or liability for any reason. You are responsible for your interactions with other users, and we have no obligation to monitor disputes. We are not liable for user interactions or actions.
5. TARIFF AND PAY SYSTEMS
5.1. Current charging service unit prices and discount rates are available on our mobile application. GOFAR reserves the right to unilaterally change the charging service unit prices, discount rates, and other terms and conditions.
5.2. GOFAR may present one or more payment systems for the User's use. If multiple systems are available, the User has the freedom to select their preferred system.
5.3. When utilizing a credit card payment system, the User's service fee is processed through a payment institution using the credit/debit card details provided in the payment section of the mobile application, following instructions of GOFAR.
5.4. GOFAR shall not be held accountable for any errors, delays, or other issues relating to payments processed through third-party payment processors.
6. RFID CARD ( GOFAR CARD )
6.1. The App have integration with RFID cards, allowing users to access EV charging stations. Users retain the autonomy to add or remove their personal RFID cards directly through the app. By utilizing an RFID card with the App, you acknowledge and agree to adhere to the Terms and Conditions herein, in addition to any supplementary terms and conditions regarding RFID card usage provided by GOFAR.
6.2. Users are solely responsible for the safekeeping and security of their RFID cards and must not disclose them to any unauthorized parties. GOFAR disclaims all liability for any unauthorized use of RFID cards.
6.3. In the event of loss or theft of the User's GOFAR Card, it is the User's responsibility to promptly deactivate the card by contacting GOFAR via the communication channels specified in section 1.2. The User must request the cancellation and deactivation of the GOFAR Card without delay. The User shall be held liable for any transactions conducted with GOFAR Cards for which no notification of loss or theft has been reported.
7. TERMINATION
7.1. GOFAR reserves the right to suspend or terminate your access to the App at any time and for any reason, without prior notice.
7.2. Users may also terminate their access to the charging station by ceasing to use the services provided and notifying us accordingly. Upon termination, users are responsible for settling any outstanding fees or charges accrued prior to termination.
Possible reasons for termination or suspension:
a. Violation of the terms and conditions outlined herein.
b. Non-payment of fees or charges associated with the use of the charging station.
c. Any activity that may compromise the security or integrity of the charging station or its users.
d. Any illegal or unauthorized use of the charging station or its facilities.
e. Failure to comply with safety instructions or regulations while using the charging station.
8. GOFAR MOBILE APPLICATION
8.1. With Android or IOS mobile application of GOFAR, the User can get
information about the locations of the stations and tariffs, start & end the
charging process and pay for the charging service with the registered credit
card. He/she can also benefit from other services offered/to be offered by
GOFAR.
9. INTELLECTUAL PROPERTY
9.1. All elements of GOFAR's platforms and tools utilized in delivering its Services, including design, text, images, HTML code, and other coding, are the exclusive property of GOFAR or are held under legal and/or contractual rights by GOFAR. Users are permitted to use GOFAR's Services, information, and copyrighted works solely for the purpose of purchasing Services from GOFAR and may not use them for any other commercial or personal purposes. Without GOFAR's permission, Users are prohibited from using, modifying, reproducing, distributing, or creating derivative works based on GOFAR's copyrighted materials.
9.2. GOFAR reserves all rights related to its Services, including property rights, commercial information, know-how, and intellectual property rights. This includes but is not limited to materials, trademarks, and any promotional or presentation materials associated with the Services.
10. LIABILITY
10.1. To the fullest extent permitted by applicable law, GOFAR shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or in any way connected with the use of the App.
10.2. In no event shall GOFAR be liable for any damages, losses, or injuries arising out of or in connection with the use of the App, including, but not limited to, any errors or omissions in the content of the station , any loss or damage caused by viruses or other harmful components, or any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or line failure.
10.3. GOFAR shall not be responsible for any damages caused by third-party actions, including but not limited to, interruptions in service, equipment malfunctions, or damages to vehicles or property while using the charge station.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. If any provision of this limitation of liability is found to be unenforceable or invalid under any applicable law, the enforceability or validity of the remaining provisions shall not be affected, and the unenforceable or invalid provision shall be replaced with a valid and enforceable provision that comes closest to the intention of the original provision.
11. GENERAL RULES
11.1. The User represents and warrants that all information provided while using the Services and/or logging in and/or signing up to GOFAR's system is always complete, true, and up-to-date in all respects.
11.2. User Responsibilities and Account Security
11.2.1. In the event of a dispute regarding the identity of the party designated as the "User," the individual who is the owner of the mobile phone number at the time of establishing the agreement shall be deemed the rightful owner of the user account. Consequently, all transactions will be conducted based on this determination.
11.2.2. The "User" is prohibited from authorizing third parties to utilize the information provided during registration and account creation. The "User" retains the right to update account information through the application or the call center channel at any time, and bears full responsibility for ensuring the accuracy and currency of such updates.
11.2.3. Users who authorize third-party access to their account confirm, declare, and undertake that all transactions conducted with the mobile phone number specified in the account information and the corresponding "OTP Code" sent to said number are performed by themselves. Users agree not to raise objections or claims denying their involvement in such transactions or evading fulfillment of their obligations based on such objections or claims. Consequently, Users are precluded from making any claims against GOFAR for damages incurred in such scenarios.
11.2.4. Users are solely responsible for acquiring and safeguarding their account information, passwords, and associated account usage rights against third-party access. Users accept personal liability for all transactions conducted with the mobile phone number specified for their account and the corresponding "OTP Code," unless they promptly inform GOFAR of any incidents. Users acknowledge that failure to notify GOFAR about such incidents may expose them to risks, and absolve GOFAR from any liability for damages or losses incurred as a result. Users further agree that ensuring the security, storage, and protection from third-party access of elements and tools (such as username, password, and phone number) utilized to access the Services is entirely their responsibility when using the Services.
11.3. GOFAR shall not be liable for any inability to receive services and/or damages that may occur due to vehicle-related or traffic conditions, such as the malfunctioning of the User's vehicle charging systems and the inability to receive services, as well as the User's vehicle being stranded on the road due to insufficient charging and other circumstances.
11.4. The User benefiting from the Services agrees to utilize them in accordance with the law and their intended purpose, acknowledging their legal responsibility for every transaction and action conducted within the Services. GOFAR cannot be held directly or indirectly accountable for any transaction, action, or activity carried out by the User in violation of this Terms aand the applicable legislation concerning the Services. In such instances, if GOFAR makes any payment to any individual for any reason, GOFAR reserves the right to seek recourse from the relevant User for all legal claims, including interest and compensation.
11.5. In case of changes in personal/corporate information such as Name, title,
email address, mailing address, billing information, etc., the User agrees
and declares that he/she will update the relevant information on GOFAR within
a maximum of 10 days after the change. In case the information is not
updated in a timely manner, all responsibility belongs to the User.
11.6. In the event that User does not withdraw his/her vehicle from the station
for any reason following the notification at the end of the charging period,
User accepts and undertakes that he/she is obliged to pay the additional
fee to be calculated according to the time the vehicle remains at the station,
without prejudice to the rights to surplus.
11.7. The User is obliged to perform the charging process in accordance with
the legislation and the specific rules of the location of the Station.
11.8. Before each use of the charging stations, the User is obliged to carry out
the basic safety checks that are listed in this article. User accepts and
undertakes not to use the station in the absence of any of the following
conditions, including but not limited to:
a. The charging station is “available for use” on the map at the
time of use.
b. There is no warping, breakage, or damage to the end of the charging
Cable.
c. There are no signs of damage, malfunction warnings, or other clearly
visible mechanical problems at the charging station.
d. The absence of safe charging conditions, such as infrastructure work,
malfunction, fire, or not being in working hours, in a way that can be
easily detected by eye at the charging station where the service is
requested to be received
11.9. If the User detects any problems at the station during the checks that are
listed in article 11.8, he/she will disconnect the charger, take the necessary
precautions and immediately inform GOFAR via the mobile application or by
calling +994 399 37 07 phone number.
11.10. During the use of the Services, the User is responsible for the damages
that the User, GOFAR, and/or third parties may suffer due to their behavior
contrary to the 's obligations in the Terms and Conditions and legislation,
precedents, and/or fault or negligence.
12. PRIVACY POLICY
12.1. GOFAR respects the privacy of its users. For information regarding the collection, use, and disclosure of personal information, please refer to our Privacy Policy.
13. SECURITY
13.1.The company prioritizes the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never circumvent our security measures or misuse your personal information. You acknowledge that you provide your personal information at your own risk.
14. MODIFICATIONS
14.1. GOFAR reserves the right to make changes to applications such as mobile applications and/or RFID cards used in the provision of the Service, to add new applications and/or to remove these applications, and to change or amend these Terms and Conditions at its sole discretion and at any time. Any changes will take effect immediately upon posting of the updated Terms and Conditions on the App.
15. FORCE MAJEURE
15.1. In all cases that may be considered force majeure, GOFAR is not liable for the
late or incomplete performance or non-performance of any of its actions
determined by these Terms and Conditions. These and similar situations shall not be
deemed as delay, incomplete performance or non-performance, or default
for GOFAR , or any compensation shall not be claimed from GOFAR for any reason,
of any kind, and under any name for these situations. The term "force
majeure"; is considered as events beyond the reasonable control of GOFAR,
including but not limited to natural disasters, epidemic diseases, riots, wars,
strikes, communication problems, infrastructure and internet failures, power
outages, bad weather conditions.
This Terms and Conditions was last updated on 09.04.2024.