Terms & Conditions

End User Licence Agreement

This Agreement is entered into between enevi Pty Limited (enevi) ABN 69 668 430 797 and You. By accessing the enevi Application(s), you agree to these Terms and Conditions, which include enevi's Privacy Policy. You should review the Privacy Policy and this Agreement carefully and immediately refrain from accessing or using enevi Application(s) and enevi OCPP Charge Point(s) if you do not agree to the terms in this Agreement.

Definitions

enevi Application(s) means enevi's OCPP Charge Points, website, mobile application or any application where enevi's core activities are interacted with, by you.

enevi OCPP Charge Point(s) means Open Charge Point Protocol and is where enevi operates the EV Charger.

Fees means for charging sessions including connection fee, cost of session per kWh, transaction fees, idle fees and any other fees as outlined as the commencement of EV Charger charging session.

User means any employees, agents, contractors or any other representatives of the Customer, who has been provided with access to the enevi Application(s).

Your Company means your employer, agent or head contractor, or affiliated organisation.

We, our, us means enevi.

Registration

As an End User (User), you have either registered to use the enevi Applications, or our Customer (your Company) who you have authorised, has provided your details to enevi.

Upon activation, your personal information of name and email address will be supplied to enevi. You must ensure that this information is accurate and current. enevi will handle all personal information collected in accordance with enevi's Privacy Policy.

enevi provides you with a User Identification and password, and/or a registration card (RFID card). You are responsible for keeping these details secure and are responsible for all use and activity carried out under this User Identification. Your User Identification is non-transferable and cannot be shared within your Company.

Non-registration

There may be instances where we will allow Users to access the enevi Applications without registration. In this instance we may collect personal information such as the information you access through the enevi Application(s), and payment information.

Your responsibilities and obligations

As a User, you agree that:

For enevi Applications, that:

• You will not display, disclose, sell, resell, transfer, licence, or distribute all or any portion of the enevi Applications to any third party.
• You will never attempt to alter, interfere, disrupt or reverse engineer any function available in the enevi Applications.
• Where the enevi Applications is web based, you must maintain your own contractual arrangements with an Internet provider and/or mobile phone provider. enevi will not be responsible for any loss that may result from your use of the Internet through your provider.
• All data uploaded into the enevi Applications complies with all applicable laws, regulations and codes of conduct. If enevi believes unacceptable content has been uploaded, a request will be made to remove the content. If the content is not removed within the advised timeframe, enevi reserves the right to disable access. enevi will not be liable for any loss incurred by the Customer as a result of your access being disabled.

For enevi OCPP Charge Points:

• We are liable to you for any disruption or interruption with the Applications and/or EV Charger.
• You will use reasonable care when using the EV Chargers. You are obligated to contact us immediately for any loss or damage to an EV Charger due to your use, whether intentionally or unintentional misuse/damage has occurred.
• Where an external charging cable is required to plug into the EV Charger, you agree to use quality, compatible charging cables. We are not liable for any disruption or interruption to your charging session due to faulty/incompatible cables.
• You are responsible for proper functioning of your vehicle and battery management system. If you believe there may be a defect or fault in either of these, you agree not to utilise any enevi OCPP Charge Points until the issue is resolved.
• The electricity grid to which the EV Charger is connected to, may experience fluctuations or surges, which may affect the quality of the power. You agree that the reliability of power supply is out of our reasonable control.

Payment

Prior to commencing a charging session, where payment is required, the Application will advise of any Fees payable. These may include, but not limited to:

• Connection fees
• Cost per kWh
• Idle fees
• Transaction fees

All Fees are subject to GST.

By agreeing to the charging session, you agree to this Agreement, privacy policy, the advised Fees and Stripe terms and conditions.

Payment options

Where the OCPP Charge Point requires payment, a valid payment method must be included in the Application. These include:

• Credit card or debit card
• enevi voucher

Credit card information is encrypted during transmission that prevents unauthorised access without specific permission. enevi does not have access to the credit card number and details.

You permit us to store, maintain and recover Fees from your specified payment method, as outlined in this Agreement.

We reserve the right to suspend access to the Application(s) if the payment method is inaccurate, invalid or has expired.

Online payments

We use Stripe, a global payment processing platform, to accept card payments securely through our Applications. By agreeing to the charging session, you agree to the Stripe terms and conditions, available through its website. You acknowledge that we have no responsibility for and not liable in relation to any information to Stripe or the transaction through the payment platform.

In the event a fee transaction fails, you agree that we are permitted to recover the Fees directly from you, and any Fees, costs or expenses incurred by us from attempting to recover the outstanding fees payable.

If we are unable to collect payment of any outstanding fees, we will automatically disable your enevi account through our Applications, until full payment is made.

We may contact you through any of the contact information provided in registration, to collect payment.

enevi reserves the right to amend Fees charged at any OCPP Charge Point at any time, without notice.

Idle fees

Some OCPP Charge Points incur an idle fee. This is in the event your vehicle is not moved after the charging session has completed. This is to encourage you, and other Users, to move the vehicle so that others can utilise the EV Charger.

If your vehicle remains parked in an EV Charging bay after the completion of the session, you accept the idle fees rate advised at the commencement of the session.

We recommend monitoring your charging session through the enevi Application, and/or your own vehicle's application. We may send you communications to advise your charging session has completed, however this should not be solely used to verify a session completion, if for any reason the communication was not delivered, or delivered not in a timely manner.

Refund policy

We will only provide you with a refund where it is agreed that the charging session was not successful. We may provide a partial refund of Fees if the charging session commenced. Refunds are subject to the applicable laws, including any rights you may have under the Australian Consumer Law. For refund requests, please contact us.

Support

enevi offers email support during normal business hours at support@enevi.com.au. enevi will use its best commercial endeavours to respond to queries.

Intellectual property

All Intellectual Property, past, present and future, remains the sole property of enevi. Any Intellectual Property arising from any recommendations, suggestions or customised features requested are owned by enevi.

Intellectual Property includes inventions, improvements, functions, trademarks, designs, copyright, enevi Applications, enevi website, enevi documentations, policies and Agreements.

Application updates

enevi will use its best commercial endeavours to make available the enevi Applications during business hours. However, availability of the enevi Applications is on an 'as available' basis. enevi does not represent or warrant that the enevi Applications will be continuously available at any time. enevi will not be liable if the enevi Applications are unavailable for any period.

OCPP Charge Point availability

The availability of an enevi OCPP Charge Point is determined by the Application availability, and the EV Charger. We may suspend operation where:

• The EV Charger(s) requires maintenance or upgrade, or
• The Application(s) requires maintenance or upgrade, or is not available due to limited mobile reception, or
• There is an event outside of our control, including Force Majeure, which impacts the availability of the Application and/or OCPP Charge Point.

Liability

To the maximum extent permitted by law, and notwithstanding any other provision of this Agreement, the total aggregate liability of enevi in connection with the enevi Applications (whether arising under this Agreement or otherwise) will not exceed A$150.

enevi will have no liability to you for any loss or damage that you may suffer or incur from accessing or using the enevi Applications, or enevi OCPP Charge Point.

Indemnity by you

You indemnify enevi against all losses, costs, expenses (including legal expenses), demands or liability, incurred or suffered by you or enevi (or the Customer's Users) arising from or in connection with:

• Your negligent act or omission, or
• any failure by you to comply with these terms and conditions.

Electronic payments

You may be required to pay for some features or functionalities through enevi's Applications. We use a third party service provider to process your payments. By using our software, you agree to comply with the terms and conditions of the third party service provider and acknowledge that we are not liable for any errors, delays, or failures in their services. You also agree that we are not responsible for resolving any disputes or claims that may arise between you and the third party service provider.

Electronic payment details including credit card information is not captured or stored by enevi. The transaction is between you and the third party service provider.

We reserve the right to change fees or payment methods at any time. Your use of the Applications at time of transaction is your acceptance of the new fees or payment methods.

Termination

• You may cease to use the enevi Applications at any time without notice to enevi.
• We may modify, restrict, terminate or suspend your access to the enevi Applications at enevi's discretion and at any time and for any period, including where any of your acts or omissions have resulted in:
  • Damage to real property or personal property
  • Personal injury, illness or death
  • You have breached the terms of this Agreement
  • It is required to do so by law
• On termination of this Agreement by enevi, you must immediately cease using the enevi Applications.
• Following termination, where there is any unpaid Fees payable, you will remain responsible for payment. Where Fees are not paid within 7 days, you may become liable for additional costs.

Privacy and confidential information

At time of registration, enevi collects your name and email address as a unique identifier and for purposes otherwise set out in enevi's Privacy Policy at enevi.com.au/privacy-policy.

enevi may disclose that information to third parties that help deliver the enevi Applications (including information technology suppliers, communication suppliers and business partners) or as required by law. If you do not provide this information, enevi may not be able to provide some products and services to you.

Full details of how enevi collects, stores and uses, and how you may access your personal information is outlined in enevi's Privacy Policy.

Complaint resolution

enevi values your business. For any disputes or complaints please contact us at hello@enevi.com.au. We endeavour to respond within 7 days. Where disputes are not resolved to either parties satisfaction, due process will be undertaken as per the Fair Trading Act and Australian Consumer Law.

Data and intellectual property

By using an enevi OCPP Charge Point, you acknowledge that information regarding the charging session will be collected. This may include information about your vehicle being charged, charging capacity of your vehicle and the location of your vehicle.

Governing law

The law in force in New South Wales governs these terms and conditions and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

Force majeure

In the event which is beyond the control of either enevi or you, neither party will be liable for any delay or failure to perform any obligation under this Agreement. This includes, but is not limited to, natural disaster, industrial action, lockout, riot, war, diminishment of power or telecommunications or data networks or services, or refusal of license by a government agency.

Terms of use

We reserve the right to amend this Agreement at any time. Any amendments shall be effective immediately and available through our website and applications, upon notification through the enevi Applications.

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Enevi Pty Ltd · ABN 69 668 430 797