Please note that only the English version of these terms and conditions is legally binding. The Welsh translation is provided for information only.
Definitions used in this document
“Account” refers to a Member’s account with TrydaNi.
“Business Account” refers to an organisation held account with TrydaNi.
“Car Club” the membership-based care hire club operated by TrydaNi.
“Credits” are driving credits added to the TrydaNi App via a debit or credit card payment by the member (or in the case of Business Accounts added according to the agreement between TrydaNi and the Business Account holder) in order to facilitate bookings using the above pricing. Credits are priced at £0.01 each.
“Home Zone” refers to the designated parking location of a Vehicle.
“Member” refers to an individual who is a member of the Car Club.
“Member Coordinators” are Members who choose to earn driving credits by assisting in the running of their local club by performing tasks such as cleaning vehicles or performing basic monthly safety checks.
“Regional Coordinators” are the first point of contact for new car club Members. There is a Regional Coordinator assigned to each local car club and Members will be given their contact details after joining.
“The App” refers to the mobile application or Website used for booking Vehicles, developed by The Mobility Factory and licensed to TrydaNi.
“Vehicles” refers to the electric vehicles hired by the Members via the Car Club.
“Website” refers to TrydaNi’s website at trydani.org.
About TrydaNi – Charge Place Wales Ltd.
TrydaNi is a Community Benefit Society, a type of not-for-profit enterprise that is legally constituted to benefit the community. It aims to provide affordable and easy access to electric vehicles and to support the establishment, operation and growth of locally-based EV electric vehicle car clubs across Wales.
TrydaNi provides a community car club by offering Members shared use of an electric hire car based in their local area, including online booking, the App, optional smart card, and user support. Vehicles are fully maintained and insured for use by Members.
TrydaNi leases the Vehicles from its community finance partner, Robert Owen Community Banking Fund, on a lease-to-buy basis. The intention is that the Vehicles will eventually be owned by TrydaNi, enabling it to provide a low-cost, shared-ownership proposition for Car Club Members.
The rules of TrydaNi, including details of governance, election of directors and asset lock provisions are available from the FCA Mutuals Register.
Membership eligibility and prices
Membership is available to anyone who:
is legally allowed to drive
is between the ages of 25 and 80 (applications outside of these ages will be considered but cannot be guaranteed, for insurance eligibility reasons)
meets our insurance criteria as specified by our insurer
has a driver risk profile deemed acceptable by TrydaNi at its absolute discretion (for example, applications may be rejected if the applicant has a poor driving history)
is able to use our online booking system
Current Vehicle hire prices are available on our website at trydani.org/pricing or by contacting us.
There is no joining fee or monthly fees (except for Business Accounts, see below).
Insurance
TrydaNi ensures that the Vehicles are fully taxed, have a valid MOT certificate and are appropriately insured for legal use on public roads.
For TrydaNi to provide you with an insured vehicle you must first complete an application form (including providing a Driving Licence Check Code and a copy/image of the front and back of your driving licence), and also the Declaration at the end of this document.
We then use these details to check your eligibility for membership against our insurer’s conditions for approval. We will usually contact you within 1 working day to confirm whether or not your application for membership has been successful.
If you do not meet our standard insurance criteria we will need approval from our underwriters, which can take up to two weeks.
Based on your driving and claims history, our insurers may require us to pay an extra premium and/or instigate an additional excess before we can approve your application. In this case we will review your situation and may ask you to pay the extra premium and/or pay a refundable deposit, the amount of which will be no less than 25% of the value of your total insurance excess at the time. If you do not agree to paying the extra premium and/or the deposit for the excess, your membership application will not be approved.
Use of your personal information
The information we will ask you for in relation to your membership application is used for the following purposes:
to check that you can be covered by our insurance to drive the Vehicles
to be able to contact you in relation to any bookings you make
to add you to our booking and payments system/application
to inform the relevant authorities e.g. the DVLA if we receive a notification of any driving offences, i.e. speeding, parking
to keep you up to date about any important changes to how our service works, including new functionality, changed prices or expanding our service provision to new areas
When you sign up as a Member you will be invited to consent to receive marketing communications. If you consent, we will send marketing emails (approximately monthly) and you can unsubscribe at any time.
We will retain your personal information in accordance with the provisions of the Data Protection Act 2018 (GDPR).
We are advised by our insurers to keep documents relating to your driving history (including copies of your driving licence) for 4 years. Apart from the information required by our insurers, you may request the deletion of all other personal data that we hold or is held on our behalf.
Data that we hold is not always stored directly by us, and we work with partners (including The Mobility Factory cooperative, who are based in Europe) who provide the Vehicle booking technology.
Your personal data is therefore held in a number of legal jurisdictions, and is governed by the relevant data processing contracts between us and our partners (data processing agreements). When we receive a request to destroy data which is held by a partner on our behalf, we will forward the request to the relevant partners, and confirm to you when they have destroyed the relevant data.
Registering for an Account
New Members will be invited to register for an Account which facilitates and records Vehicle bookings, usage, costs incurred, billing and payments.
Members will be charged for usage of the Vehicles at the prices quoted above. Members will be informed via email of any price changes in advance of them taking effect.
Purchasing credits
Bookings through the App are made by pre-purchasing credits (using a debit or credit card) in bundles of £15, £30, £60 or £100.
Changes to contact details
It is important that we are able to contact all Members with important service updates and to comply with the terms of the insurance that Members are driving under. It is the Member’s responsibility to notify us of any changes to their physical address, phone number or email address. Failure to do so may invalidate the insurance that Members are driving under.
Changes to your main profession
You must inform us if you become involved in any one of the following:
professional sport, racing, gambling, modelling or entertainment, other than as a classical musician
hawking or general dealing
street or market trading as a full-time market trader
a student in full or part time education
a member of the armed forces of any country other than the United Kingdom.
Changes to driving history
If you are convicted of any traffic offence (including speeding), or if you are involved in an accident or other traffic incident, it is your responsibility to inform us immediately. This applies regardless of the vehicle you were driving at the time of the incident (whether it was in your own vehicle, a Vehicle, or another vehicle). You must also inform us if you ever have had or have a motor insurance proposal declined, a policy cancelled, renewal refused or special terms, conditions, exclusions or an increased premium imposed.
Making a booking
When you make a booking, the system pre-calculates your booking cost based on the fixed booking fee and hourly rate for the period you have selected. Once you have completed your booking, the App then calculates the actual cost of your time usage, as well as your mileage. The system then takes this final cost from the credits total you have in your Account. A full breakdown of the costs of your booking can be found under “My Reservations” and clicking/tapping “View details”.
Booking Records
Booking records are created when Members make bookings on our App or Website. The booked Vehicle is only available for usage by the Member during the booked period. The TMF booking system records details of when the Member unlocks or locks the Vehicle, the battery level of the Vehicle, the number of miles/km driven, and when the Vehicle is plugged in to charge.
Cancelling a Booking
If you cancel your entire booking before the start time, you are refunded for 100% of your booking but the booking fee is non-refundable.
If you cancel the remainder of your booking after the booking start time, you are refunded for 100% of the time remaining but the booking fee is non-refundable.
Amending a Booking
Vehicles will only be available for booking if not already booked for that time slot by another Member. Provided the Vehicle has not been booked by another Member, it is possible to amend the start time at any time prior to the booking commencing. The end time may be changed/extended during a booking, provided the Vehicle has not already been booked by another Member. Any amendments must be made via the App or Website.
Familiarisation sessions
Subject to the following provisions of this section, all new Members will be invited to attend an optional familiarisation session with a Member Coordinator) or a Regional Coordinator. Familiarisation sessions are recommended for Members who are unfamiliar with electric vehicles (particularly the charging process). In some cases, we may request that you attend a compulsory familiarisation session before you can drive a Vehicle. Familiarisation sessions are free and can last up to an hour.
Accessing Vehicles
Use of physical car keys is not usually required to use the Vehicles. Instead, Members use the App or optional smart card if you requested this when applying for membership. Regional Coordinators retain a spare key in case of technical issues preventing access to Vehicles.
Before driving a Vehicle for the first time you must familiarise yourself with its operation and handling so that you can use it in a safe and correct manner. You must inspect the Vehicle prior to driving and you must not use the Vehicle if you believe it to be un-roadworthy. Please report any issues to your Regional Coordinator.
Members agree not to operate a Vehicle while under the influence of drugs or alcohol and that the Vehicle must not be taken outside of the UK, i.e. Wales, England, Scotland and Northern Ireland.
Location of the Vehicles
The Home Zone for each Vehicle is viewable (marked in red) on the map on the App or Website. This red marking indicates where you can begin your booking with the Vehicle, and where you must return the Vehicle before you will be able to finish your booking.
The App will prevent bookings from being ended if the Vehicle is not returned to the correct designated Home Zone, and Members are liable for any extra time duration charges incurred if the Vehicle is not returned to the Home Zone and locked before the booked end time (See “Return of Vehicles” section below).
Unlocking and locking the Vehicle
At the beginning of a booking, the Vehicle can be unlocked via the App or smart card associated with the Member. In case of any problems unlocking the Vehicle and starting a booking, Members should contact their Regional Coordinator.
The Vehicle can be locked and unlocked multiple times during the booking using the App or smart card. Alternatively, the physical key can be used (located in the glovebox of the Vehicle) and must be replaced before the booking is ended. Members will be charged for any costs and losses incurred by TrydaNi in relation to the replacement of a lost key.
Ending a booking
Before ending a booking, the physical key must be returned into the glove box, and the App or smart card must be used to end the booking.
Recharging Vehicles
Charging arrangements depend on whether the Vehicle has its own dedicated charge point at the host’s parking space.
Except in cases where a journey is long enough to require public charging away from the host location, the cost of electricity is included in the per mile pricing.
Vehicles with a home charge point
Members must ensure that the Vehicle is always plugged in to recharge when returned to the designated Home Zone. After plugging the Vehicle in, the charging process is started by using the ICS smart card that can be found in the Vehicle. If you are unable to start a charge successfully, you must inform your Regional Coordinator.
Vehicles without a home charge point
Vehicles without a dedicated charge point can be charged (but not permanently parked) at the public charge point identified in your welcome pack (also detailed on the relevant location page of the Website).
To start a charge at the nominated charging point Members must use the prepayment card found in the Vehicle’s glove box and follow the instructions provided in the welcome pack when their membership was approved.
We endeavour to ensure that Vehicles have at least 80% charge when a booking starts but it may occasionally be necessary for you to charge the Vehicle at the beginning of your journey.
If you are returning the Vehicle with below 80% please use all reasonable endeavour to ensure that you charge the Vehicle before returning it to its parking space and ending your booking.
Charging away from the Home Zone during a booking
If the length of your journey requires you to charge whilst you are away from the Home Zone, you may do so at any suitable public charging point (we recommend using Zap-Map to find chargers). You must pay for this yourself and the costs cannot be reclaimed.
TrydaNi will endeavour to advise Members as best as possible about charging away from the Home Zone but any issues with third party chargers are the responsibility of the third party.
Permitted Use of Vehicles
The Vehicle’s insurance covers Members for personal trips, usage in connection with the Member’s work and activities relating to the maintenance of the Club’s Vehicles.
Members are prohibited from using Vehicles for profit-generating purposes such as paid taxi services, sales, delivery driving, providing driving lessons or illegal activities. If you are found to have used a Vehicle for any prohibited activity, your membership will be terminated with no refunds of remaining unused membership fees, and you will be liable for all relevant car insurance or repair costs.
If you want to tow a trailer and the Vehicle is suitably equipped, you must provide your own trailer and notify us first so that we can advise you of the terms of our insurance cover for such activity.
Return of Vehicles
Vehicles must be returned to their designated Home Zone location as soon as reasonably practicable after every use. The booking system will prevent you from ending your booking if the Vehicle is not returned to the Home Zone, and Members are liable for any extra costs required to return the Vehicle correctly.
Cleaning and safety checks
Out of courtesy to other Members, you must return the Vehicle with the interior in a reasonably clean condition. Please remove any rubbish and personal items.
Regional Coordinators and/or Member Coordinators are responsible for carrying out monthly cleaning/washing of the Vehicles, and for performing safety checks (e.g. tyre pressures and fluids).
Local WhatsApp groups
When Members have their application approved, they will be invited to join a WhatsApp group with other local Members and our staff including the local Regional Coordinator.
The local WhatsApp groups allow Members to communicate with each other in a semi-public way, and can be useful for sharing information about any issues with a Vehicle, booking system or charging. It can also be a convenient way to quickly contact the Regional Coordinator or our other staff members for support.
Membership of the WhatsApp group is entirely optional and any service updates (such as a Vehicle being unavailable due to maintenance) will be shared via email as well as within local WhatsApp groups.
By joining the local WhatsApp group, Members consent to their phone number being shared with other Members of the group.
Member Coordinators
Eligible Members who wish to assist with running the Club in exchange for driving credits can put themselves forward as a “Member Coordinator” to help with the following tasks:
Cleaning the car (monthly)
Performing safety checks (monthly)
Running familiarisation sessions for new Members (as needed)
To be eligible to become a Member Coordinator, Members must:
Have been an existing Member for at least a month
Have made three successful bookings
Be a member of the local WhatsApp group
Submit a sample online monthly check form
Successfully pass a short test about how the Club (including charging) works
Once a Member has been approved as a Member Coordinator, they will be contacted (via a WhatsApp group) by the Regional Coordinator with details of the proposed rota for the upcoming quarter (three-month period).
Up to three Member Coordinators will be appointed each quarter on a first come first served basis. Appointed Members can then confirm their availability for completing the tasks according to the proposed rota.
Members will be asked to submit an online form to confirm when tasks have been completed.
Each of the above tasks is expected to take approximately one hour to complete and earns the Member Coordinator up to £40 in driving credits.
Credits will be added to the Member Coordinator’s Account within one working day upon confirmation that the relevant tasks have been completed.
In the event that there are more than three Member Coordinators available to complete tasks for their local club, appointment of Member Coordinators by the Regional Coordinator will rotate on a quarterly basis so that all eligible Members have an opportunity to earn driving credits.
Servicing
We are responsible for ensuring that all Vehicles are serviced (annual or interim) and any required repairs are carried out in accordance with vehicle maintenance schedules and by a qualified mechanic.
Breakdown and Recovery
All Vehicles have full breakdown recovery assistance, details of which are in the Club manual provided in every Vehicle, and held with the Club’s Regional Coordinator.
In the event that you require breakdown assistance you must inform the Regional Coordinator as soon as you have contacted the breakdown recovery service provided detailed in the Club manual.
Lack of care or negligence
It is the responsibility of every Member to leave the Vehicle for the next Member in a suitably usable state. Problems and faults that occur while the Vehicle is on hire to a Member should be addressed at the time by that Member. This might involve calling out the authorised breakdown recovery service and/or reporting the fault to the Regional Coordinator. In no circumstances should a Vehicle be left for the next Member to simply inherit the problem.
Should you render a Vehicle unusable due to lack of care and/or negligence you will be liable for any costs incurred. This may include such issues as:
Flat battery due to lights left on
Vehicle left unusable with fault not addressed (e.g., flat tyre, cracked windscreen, etc.)
Vehicle out of electric.
Smoking is not permitted in any of the Vehicles. If a Vehicle needs to be cleaned due to someone having smoked in it, the Member who had the Vehicle booked out at the time will be charged for the cost of cleaning and may have their membership revoked without refund.
All Members are responsible for making sure that the Vehicle remain roadworthy by not causing damage to them by bad driving. If repairs are required, in the first instance the Member should contact the Regional Coordinator who will assess whether it is necessary to take the Vehicle to a garage.
Insurance, tax, and MoT
We will ensure that:
the Vehicles are taxed, have valid MOT certificate and appropriate insurance for legal use on the public road in accordance with these terms.
the Vehicles are properly serviced and are roadworthy.
However, each Member is independently responsible for the Vehicle while they are using it.
Members must not pick up hitchhikers as this invalidates our insurance.
Insurance Excess
In the event of an accident, the Member’s liability is limited to the cost of repair, capped at £250 plus £50 to cover admin costs.
We will contact you to arrange for payment for any insurance excess. We reserve the right to set a deadline for repayment and to cancel your membership in the event that payment is not made in full by the deadline. We may also suggest alternative ways of repaying the excess, such as inviting you to participate in the Member Coordinator program (if eligible).
Based on a Member's driving and claims history, our insurers may require us to pay an extra premium and/or instigate an additional excess for the Member to continue to use Vehicles following an accident. In this case we will review your situation and may ask you to pay the extra premium and/or pay a refundable deposit, the amount of which will be no less than 25% of the value of your total insurance excess at the time. If you do not agree to paying the extra premium and/or the deposit for the excess, your membership will be terminated and any credits in your Account will be refunded.
Traffic and parking offences
You are responsible for parking tickets, tolls, speeding fines, other traffic offences or penalties and non-insured losses or damages you may have incurred or caused while using a Vehicle, plus a £25 admin fee (which can be waived at our discretion) in addition to the penalty fee for us to process it.
If a notification of a driving offence is received, we will check to see which Member had booked the car on that day/time. We will then contact the Member immediately via email and phone explaining the details of the offence.
Where permitted by the relevant authority (e.g. the case of parking fines), the Member shall then have the option of appealing the penalty notice directly or paying it directly.
Where not permitted by the relevant authority (we are legally obliged to immediately share driver details in certain circumstances), and/or where the Member has not responded within 48 hours to the notification that a penalty notice has been received, we reserve the right to notify the relevant authority to confirm who was the driver of the Vehicle at the time of the offence and to pay the fine/charge in full. We will then inform the Member that the fine was incurred and request reimbursement. If payment is not received within 30 days, the Member will have their membership terminated without refund and we will proceed to claim against you for the amount of the fine paid along with any incurred interest.
Emergency driving of the Vehicle by non-Members
The Vehicle may not be driven by anyone who is not an approved Member except in cases of genuine emergencies, when a non-Member with a full driving licence and appropriate insurance such that the Vehicle is insured whilst they are driving it may drive the Vehicle.
Disputes Procedure for mileage numbers and bills
If you think your bill is not correct at the end of your booking, please identify precisely what amount you are in dispute about. If you have a dispute, please list the mileages or receipts to justify your disagreement to the Regional Coordinator. We will reimburse any overpayment by Members by adding additional driving credits to their Account.
Late return of a Vehicle
All Members have an obligation to return Vehicles and end booking(s) punctually as a courtesy to other Members in the group and to help keep the Club running on the basis of good faith.
Please note that the App will automatically charge your Account the extra time that your booking has overrun by, and this time will be charged at 50% more than the standard pricing (i.e. an additional un-booked hour will cost £4.50 and not the standard £3).
Finishing a booking late can also incur extra costs for the next Member waiting, and both Members may need to negotiate an agreement of acceptable costs to be reimbursed personally by the offending Member. If necessary either party can seek help from their Regional Coordinator to determine the matter who, if necessary, will seek assistance from our Board.
If the Vehicle is late in being returned due to adverse road conditions, accident, breakdown, or serious illness, you must report this to the Regional Coordinator as soon as possible, and ideally prior to the end of your booking (so that any other affected Members can be informed).
TrydaNi reserves the right to terminate your membership where you repeatedly return a Vehicle late.
Disruption due to an issue with the Vehicle
If your journey is disrupted due to an issue with a Vehicle, and you wish to reclaim costs you have been forced to incur, you must provide a signed written statement explaining the circumstances and with details of any costs you have incurred and receipts (if applicable), for us to determine your claim for reimbursement. We will then reimburse you (at our absolute discretion) if we agree that you have incurred costs due to unavoidable circumstances.
Members’ personal possessions
Members’ and their passengers’ personal possessions are not covered by our insurance policy and we will not accept claims or liability for damaged, lost or stolen items. All items must be secured safely while you are operating a Vehicle.
You are responsible for ensuring that you do not leave any of your personal possessions in the Vehicle after the end of your booking. If you do, we cannot be held responsible if any such items are consequently damaged, lost or stolen.
Personal items that Members take with them in the Vehicles must not be illegal, radioactive, or toxic.
Pets
Pets (other than guide dogs) are not permitted to be in any of the Vehicles unless in a secure and suitable carrier. Members are liable for extra costs that are incurred due to pet hair or damage to the interior of a Vehicle.
Equipment provided by us
Any equipment provided by us in a Vehicle (e.g. charging cable) will be checked at regular intervals for safety and suitability. If you decide to use such equipment provided by us then it is your responsibility to do so properly and safely and to report any problems with that equipment to the Regional Coordinator as soon as possible.
Vehicles are fitted with telematic devices such as cameras and tracking devices in accordance with the insurer’s requirements. These work automatically as soon as the Vehicle is turned on. They must not be tampered with, and any issues must be reported to the Regional Coordinator immediately.
Loss and Damages
If you cause damage to the Vehicles or its contents, including loss of items, in respect of which we cannot or do not wish to claim against our insurance, we reserve the right to charge you for the repair or replacement. This includes but is not limited to replacement keys and charging cables. Your liability will be limited to a maximum of £250 for each incident.
Wear and tear, accidental damage and repairs
All Members are responsible for checking that the Vehicle is roadworthy before driving. You are required to report any accidental damage or need for repairs due to wear and tear as soon as it becomes apparent to you to the Regional Coordinator. We will be responsible for reporting accidental damage to the insurers and arranging for any necessary repairs to the Vehicle.
If immediate repairs are required, then you should in the first instance contact the Regional Coordinator (e.g. via the club’s WhatsApp group) who will arrange any necessary repairs.
TrydaNi’s Liability
We will be responsible to you for any foreseeable losses and damage caused by our or our employees’, servants’ and agents’ breach of these terms. However, there are circumstances in which we will not be liable, including where:
You breach your obligations under these terms as a Member, including in relation to ‘Permitted Use of Vehicles’, ‘Changes to Contact Details and ‘Changes to Driving History’.
Our insurer finds you at fault for any damage to a Vehicle.
Our insurer finds you at fault for a third-party claim while renting a Vehicle.
Damage or losses could have been avoided by you reporting the issue to us earlier.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
Liability for death or personal injury caused by our negligence or the negligence of our servants or agents.
Where there has been fraud or fraudulent misrepresentation on the part of us, our servants or agents.
A breach of your legal rights in relation to the hiring of a Vehicle.
If you use a Vehicle for any commercial or business purpose and you are not a part of a Business Account, we will have no liability to you for any type of consequential losses including loss of profit, loss of business, business interruption, or loss of business opportunity.
Breach of agreement
If you are found to be in breach of this agreement, we reserve the right to suspend your membership permanently.
Dispute Resolution
In the event of dispute or disagreement arising with regard to your membership or use of the Vehicles which cannot be resolved by the Regional Coordinator, the matter will be referred to our Board.
Notice period
If you wish to leave the Club you may do so at any time by sending an email to support@trydani.org. Any unused driving credits will be refunded minus a £10 admin fee. The admin fee may be waived at our discretion in special circumstances.
Disbanding TrydaNi
In the event that we are disbanded or wound-up, we will:
Provide 3 months’ written notice to you prior to the date for commencing the disbanding/winding up with details of the procedures to be adopted
Return any funds remaining in your Account that are not owed to us
Provide confirmation of termination of this agreement and deletion of your personal details except for those required to be retained for insurance purposes (these details will be stated to you)
Insolvency/administration of TrydaNi
If we become insolvent or go into any kind of insolvency process (including liquidation) this will be dealt with in accordance with our rules, which can be downloaded from the FCA Mutuals Register.
Business Accounts
Any organisation may apply to hold a Business Account with Trydani.
Business Accounts allow grouping of individual Members under a single billing account.
Business Account customers must pay a £15/month fee for a Business Account, and non-profit organisations must pay £10. The determination of non-profit status is entirely at our discretion.
Driving credits are added to the Business Account on a monthly basis on agreement with the business in question.
Business Accounts are settled in arrears on a monthly basis following provision by us of an invoice to the business customer, according to the usage that month.
Outstanding Debts
Any outstanding debts in credit on a Business Account must be paid within 30 days of the invoice being received. Any outstanding debts not paid will prevent Members linked to the Business Account from being able to make new bookings.
Should money owed by you to us be deemed unreasonably outstanding then we shall send a final demand to the business, allowing 5 working days’ notice for payment including an additional 5% administration fee which is added to the outstanding invoice.
We may make use of a range of actions available to recover any outstanding debt. These include:
Court proceedings
Permanent membership termination
It is not our policy to abandon bad debt; rather, on principle, it is in our interests to pursue any debt in all possible ways over the long term, to ensure that we look after the interests of all Members now and in the future.
Law and Jurisdiction
These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it shall be governed in accordance with the law of England and Wales.
As a Member, you agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions unless stated otherwise in these terms.