These terms and conditions (‘Terms’) govern Your use of Simon Johnson Information Technology Pty Ltd ACN 612 413 831 trading as ChargerMate (‘ChargerMate’) application and software as a service (‘Application’).

The Application is owned by ChargerMate. In these Terms, the following terms have the following meanings (unless otherwise indicated):

1. ‘We’, ‘Us, ‘Our’ and ‘ChargerMate’ refer to ChargerMate;
2. ‘Subscriber’, ‘You’ and ‘Your’ refer to subscribers of the Application (including ‘Charge Point Operators’ and ‘Drivers’ (as defined below)) as well as employees, contractors, invitees and agents of Subscribers of the Application who, pursuant to these Terms, are permitted to use the Application;
3. ‘Charge Point Operator’ refers to an operator of an outlet which provides EV Charging Services for electric vehicles;
4. ‘EV Charging Services’ means the provision of a charging point for electric vehicles; and
5. ‘Driver’ refers to a driver of an electric vehicle.

Your use of the Application constitutes acceptance of these Terms (as revised from time to time) and these Terms constitute a binding agreement between You and ChargerMate which governs Your use of the Application. By downloading, installing, accessing or using the Application, You acknowledge You have read, understood and agree to be bound by these Terms. If You do not agree to these Terms You should uninstall and/or cease to access and use the Application immediately.

We may modify these Terms at any time at Our sole discretion and any such modification shall be deemed effective when We publish them on the Application. Your continued use of the Application shall constitute Your acceptance of the modified Terms. We encourage You to check regularly for updates and changes to these Terms.

The Application connects Drivers with Charge Point Operators, allowing Drivers to access and, in some circumstances, pay for EV Charging Services.

1. Subscriber warranties, undertakings and eligibility

1. By using the Application:
   1. You warrant that:
      1. You possess the legal capability and authority to enter into the Terms and to use the Application in accordance with the Terms;
      2. You are at least 18 years old.;
      3. any registration information You submit is truthful and accurate and You will maintain the accuracy of such information; and
      4. Your use of Our Application does not violate any applicable law or regulation.
   2. You acknowledge and agree:
      1. to abide by the Terms;
      2. not to provide the Application to any third party;
      3. a breach or violation of any of the Terms may result in an immediate termination of Your subscription of the Application;
      4. that ChargerMate has the right to:
         1. refuse You any and all current or future use of the Application;
         2. include or exclude entry to, or remove a Subscriber from the Application; and
         3. download and install upgrades, updates, and additional features to improve, enhance, and further develop the Application.
2. Using the Application may be prohibited or restricted in certain countries. If You use the Application outside of Australia, You are responsible for complying with the laws and regulations of the territory from which You access or use the Application.

2. Right to refuse

We reserve the right to refuse the Application to anyone for any reason at any time.

3. Charge Point Operators

1. Charge Point Operators can submit details about their home charge point or work charge point for inclusion on the Application thereby making such charge points available for use by Drivers.
2. Each Charge Point Operator represents and warrants that they are either the owner of the property where the charge point is located or are permitted to submit the details and to agree to these Terms on behalf of the owner.
3. Each Charge Point Operator acknowledges and agrees:
   1. the provision of access to each charge point is made solely at the discretion of the applicable Charge Point Operator and any contractual or financial agreement to use the charge point is made between the Charge Point Operator and the Driver;
   2. ChargerMate is not party to the agreement between each Charge Point Operator and each Driver accessing the relevant charge point and purchasing EV Charging Services and that such agreement does not confer or result in any benefit, right, obligation or liability whatsoever on ChargerMate;
   3. ChargerMate takes no responsibility for vetting Drivers;
   4. ChargerMate does not recommend or endorse any Driver;
   5. to provide safe access to or share the charge point and provide EV Charging Services to Drivers;
   6. that all details submitted (including any personal data) can be displayed on the Application and may be made available to Subscribers;
   7. their charge point location can be displayed on the Application and be visible to all Subscribers;
   8. to keep their information up to date and to inform ChargerMate promptly if their charge point is no longer available, is not in good working order or is decommissioned, or if they otherwise wish their charge point to be removed from the Application; and
   9. they offer and provide the EV Charging Services and their share charge point at their own risk and ChargerMate takes no responsibility and will not be liable for any direct, indirect, special, incidental, punitive, consequential, or exemplary damage, including, without limitation, damage to property, loss of goodwill, lost profits, loss of earnings, loss of business opportunity or theft however arising (including negligence) in connection with offering and providing the EV Charging Services or being a Subscriber of the Application.

4. Drivers

1. Drivers can use the Application to locate a charge point and access and purchase EV Charging Services.
2. Each Driver represents and warrants that they are either the owner of the electric vehicle accessing the charge point and purchasing EV Charging Services or are permitted to submit the details and to agree to these Terms on behalf of the owner of the vehicle.
3. Each Driver who requests use of and uses charge points made available in the Application acknowledges and agrees:
   1. the provision of access to each charge point is made solely at the discretion of the applicable Charge Point Operator and any contractual or financial agreement to use the charge point is made between the Charge Point Operator and the Driver;
   2. ChargerMate is not party to the agreement between each Charge Point Operator and each Driver accessing the relevant charge point and purchasing EV Charging Services and that such agreement does not confer or result in any benefit, right, obligation or liability whatsoever on ChargerMate;
   3. ChargerMate takes no responsibility for vetting Charge Point Operators;
   4. ChargerMate does not recommend or endorse any Charge Point Operator;
   5. ChargerMate does not provide any representation or warranty that any charge point is fit for purpose;
   6. to safely access the charge point and purchase the EV Charging Services;
   7. all details submitted (including any personal data) can be displayed on the Application and may be made available to Subscribers;
   8. to keep their information up to date; and
   9. they access the charge points and purchase the EV Charging Services at their own risk and ChargerMate takes no responsibility and will not be liable for any direct, indirect, special, incidental, punitive, consequential, or exemplary damage, including, without limitation, damage to property, loss of goodwill, lost profits, loss of earnings, loss of business opportunity or theft however arising (including negligence) in connection with accessing or purchasing the EV Charging Services or being a Subscriber of the Application.

5. Additional terms and conditions

These Terms supplement and incorporate:

1. any policy which ChargerMate may put in place from time to time (‘ChargerMate Policy’); and
2. the Stripe Payments Australia Pty Ltd ACN 160 180 343, terms and conditions available at www.stripe.com (‘Stripe Terms’).

If any of the provisions of the Stripe Terms or any ChargerMate Policy conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Application.

6. Prohibited uses

1. In addition to other prohibitions as set out in these Terms, You are prohibited from:
   1. violating these Terms;
   2. violating the terms of any applicable third party;
   3. using the Application in any way which We consider inappropriate or which might bring Us, the Application or other Subscribers into disrepute, including (without limitation):
      1. for any unlawful, deceptive or fraudulent purpose;
      2. to solicit others to perform or participate in any unlawful acts;
      3. to violate any regulation, rule, law, ordinance or the like;
      4. to infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
      5. to harass, abuse, stalk, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or otherwise interfere, infringe or violate the rights of any other party;
      6. to upload or transmit viruses or any other type of malicious code or technology that will or may affect the functionality or operation of the Application, the Website, any other website or the Internet;
      7. to collect or track the personal information of others;
      8. to spam, phish, pharm, pretext, spider, crawl, or scrape;
      9. circumvent or manipulate Our fee structure, the billing process, or monies owed to Us;
      10. to gain or attempt to gain unauthorised access to Our computer network or Subscriber accounts;
      11. to attempt to damage, disable, overburden, or impair Our servers or networks;
      12. interfering with any other Subscriber;
      13. for any obscene or immoral purpose;
      14. to interfere with or circumvent the security features of the Application, the Website, other websites or the Internet; or
      15. facilitating or assisting a third party to do any of the above acts.
2. You must not:
   1. print, publish, modify, link to or distribute any Content (as defined in item 15 below) or any other documentation that We provide to You, unless expressly permitted under these Terms or We have authorised You in writing;
   2. breach copyright or Intellectual Property rights;
   3. republish, copy, distribute, transmit or publicly display material from the Application;
   4. alter or modify any of the code or the material on the Application;
   5. cause any of the Application to be framed or embedded in another website;
   6. collect or harvest any personally identifiable information, including phone numbers, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation or spam purposes;
   7. modify, copy, disassemble, decompile or reverse engineer, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Application;
   8. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party;
   9. make any copies of the Application;
   10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or
   11. facilitate or assist another person to do any of the above acts.
3. Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or any Content associated with the Application is prohibited.
4. We reserve the right, in Our sole discretion, to terminate any Subscriber Licence (as defined in item 9 below), remove Content or assert legal action with respect to Content or use of the Application that We reasonably believe is or might be in violation of these Terms.
5. Any failure or delay by Us in taking such actions does not constitute a waiver of Our rights to enforce these Terms.
6. Upon termination of the Terms, We have no further obligation to You, and may cease to provide the Application to You. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.

7. Accuracy, completeness and timeliness of information

1. While We use all reasonable efforts to ensure that all information on the Application (Information) is accurate and up to date, occasionally there may be Information on the Application that contains inaccuracies, omissions, typographical errors or is out of date in respect of, but not limited to descriptions, pricing, promotions, offers and availability.
2. We do not give any warranty or representation as to the accuracy, validity, reliability, completeness or timeliness of the Information.
3. The use of the Application and the Information is at Your risk and We accept no liability to any person or entity for any loss, damage or cost incurred as a result of reliance on the Information.
4. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the Information or cancel orders if any Information is inaccurate at any time without prior notice (including after You have submitted an order).

8. Registration

1. Access to the Application will require a Subscriber to register for an account (‘Account’).
2. Each Subscriber is required to provide certain information including name and email address.
3. Each Subscriber agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
4. ChargerMate reserves the right to suspend or terminate any Account and a Subscriber’s access to the Application if any information provided to ChargerMate proves to be inaccurate, not current or incomplete.
5. It is the Subscriber’s responsibility to keep its Account details and any passwords confidential. The Subscriber is liable for all activity on its Account. The Subscriber agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions. The Subscriber will change its password regularly.
6. The Subscriber will immediately notify ChargerMate of any unauthorised use of its Account.
7. You permit Us to access Your Account for the purposes of providing the Application.
8. If you wish to delete your Account, or have your associated data removed from the Application, please contact us at support@chargermate.com.au.

9. Subscriber licence

1. Subject to these Terms, ChargerMate grants each Subscriber a non-exclusive, non-transferable, limited and revocable licence to use the Application for their personal, non-commercial use only on a mobile device or, if available, other supported computer (each a ‘Device’) owned or controlled by the Subscriber as permitted in accordance with these Terms (‘Subscriber Licence’).
2. The right to use the Application is licensed to You and is not being sold to You. You have no rights in the Application other than to use it in accordance with these Terms.
3. These Terms and Subscriber Licence govern any updates to, or supplements or replacements for, this Application, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

10. Processing of Payments made through Application

1. All payments made through the Application, including all payments made for EV Charging Services, will be processed through Stripe. As such, any payments made through the Application will also be governed by Stripe’s terms of use and privacy policy. By using the Application you acknowledge that You have read and accepted Stripe’s terms of use and privacy policy available at www.stripe.com (‘Stripe Terms’).
2. All support requests relating to payments (including payment failures, incorrect monetary charges, and refund requests) should be initially be directed to ChargerMate.
3. Subscribers accept that, while all reasonable measures are made to ensure the availability of Stripe’s payment services, ChargerMate does not guarantee that the payment service will be available at all times (due to maintenance or operational issues outside of ChargerMate’s control).

11. Payment to use Application

1. ChargerMate will not charge a Driver any fee or charge to use the Application.
2. ChargerMate will not charge a Charge Point Operator any fee or charge to use the Application where the Charge Point Operator has not enabled payments on their charge point and does not charge the Driver any fee or charge for using the charge point and accessing EV Charging Services.
3. Where a Charge Point Operator has enabled payments on their charge point and charges a Driver for using the charge point and accessing EV Charging Services (‘Charge Point Operator Charge’), the Charge Point Operator must pay ChargerMate 10% of each Charge Point Operator Charge for each charging session (‘ChargerMate Fee’).
4. Where a ChargerMate Fee is applicable and payable, the Charge Point Operator acknowledges and agrees that the ChargerMate Fee will automatically be deducted from the Charge Point Operator Charge and processed through Stripe.

12. Payment from Driver to Charge Point Operator

1. Charge Point Operator Charges are calculated per kWh.
2. All Subscribers acknowledge and agree that:
   1. Charge Point Operator Charges are set by each respective Charge Point Operator and ChargerMate has no control or authority over Charge Point Operator Charges; and
      1. it is each Driver’s responsibility to check whether any Charge Point Operator Charges are applicable, and if so the amount of any such charge, before electing to use a charge point and accessing EV Charging Services.
3. Payment of all ChargePoint Operator Charges are processed through Stripe.

13. Copyright and Intellectual Property

1. The Application contains material which is owned by or licensed to Us (or Our affiliates and/or third-party licensors as applicable) and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, design, images, graphics, layout, appearance and look of the Application.
2. ChargerMate, Our logo, and other ChargerMate material used in connection with the Application are unregistered or registered trademarks of ChargerMate (collectively ‘ChargerMate Marks’).
3. ‘Intellectual Property’ includes all code, algorithms, copyright, fees, pricing, registered and unregistered ChargerMate Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to the Application or ChargerMate (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms, goodwill in the business and Application, trade, business company or organisation names, internet domain names, images and layout.
4. You agree that, as between You and Us, We own all Intellectual Property rights in the Application and that nothing in these Terms constitutes a transfer of any Intellectual Property rights.
5. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Application.
6. The Application is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights and may have security components that protect digital information only as authorised by ChargerMate.
7. Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively ‘Third Party Marks’).
8. The Intellectual Property, ChargerMate Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of ChargerMate or the applicable trademark holder.
9. Subscribers do not obtain any interest or licence in the Intellectual Property, ChargerMate Marks or Third Party Marks without the prior written permission of ChargerMate or the applicable trademark holder.
10. Subscribers may not do anything which interferes with or breaches the Intellectual Property rights.
11. You may choose or We may invite You to submit comments or ideas about the Application, including without limitation about how to improve the Application (‘Ideas’). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place ChargerMate under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any submission, ChargerMate does not waive any rights to use similar or related ideas previously known to ChargerMate, or developed by its employees, or obtained from sources other than You.

14. Subscriber information and security

1. The Application may require the transmission of information provided by the Subscriber including usernames and passwords, addresses, e-mail addresses and financial information (such as credit card numbers) (‘Subscriber Information’).
2. If the Subscriber uses such Application functionality, the Subscriber consents to the transmission of Subscriber Information to ChargerMate, its agents and/or service providers and authorises ChargerMate, its agents and/or service providers to record, process and store such Subscriber Information as necessary for the Application functionality and for purposes described in Our Privacy Policy on Our Website.
3. You acknowledge and agree that the Application may require the transmission of Subscriber Information.
4. Subscriber Information is stored securely. If We are aware of a breach of security, We will notify affected Subscribers and We will cooperate with authorities regarding the breach.
5. The Subscriber is solely responsible for maintenance of the confidentiality and security of any Subscriber Information transmitted from or stored on a device for the purposes of the Application, for all transactions and other activities in the Subscriber’s name, whether authorised or unauthorised.
6. The Subscriber agrees to immediately notify Us of any unauthorised transactions or breach of security associated with the Application. We are not responsible for any losses arising out of the loss or theft of Subscriber Information transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with the Application.
7. You must notify ChargerMate immediately of any breach of security or unauthorised use of Your Device. Although ChargerMate will not be liable for Your losses caused by any unauthorised use of Your Account, You may be liable for the losses of ChargerMate or others due to such unauthorised use.

15. Content

1. The Application may allow Subscribers to post content such as profile information, charge point descriptions and locations, comments, questions, and other content or information (‘Content’).
2. You must not post, upload, publish, submit or transmit any Content that:
   1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
      1. is fraudulent, false, misleading or deceptive;
      2. may constitute or contribute to a crime or tort;
      3. contains any information or content that We deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
      4. contains any information or content that is illegal;
      5. contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
      6. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
      7. may create a risk of any other loss or damage to any person or property;
      8. requests money from, or is intended to otherwise defraud other Subscribers;
      9. denigrates ChargerMate or the Application;
      10. transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other unauthorised mass transmission;
      11. contains videos, images or media content of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian); and/or
      12. promotes illegal or harmful activities or substances.
3. You warrant that You own or have the necessary licences, rights, consents, and permissions to use the Content and the posting of the Content on the Application will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
4. You authorise ChargerMate to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Application and these Terms.
5. By submitting the Content to the Application, You hereby grant ChargerMate a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce and distribute the Content in connection with the Application.
6. ChargerMate reserves the right to decide whether Content is appropriate and complies with these Terms.
7. ChargerMate may remove such Content and/or terminate a Subscriber's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
8. ChargerMate takes no responsibility and assumes no liability for any Content that You or any other Subscriber or third-party posts or sends over the Application. We are not responsible for the accuracy, relevancy, legality or decency of any Content or material available through the Application.
9. You are solely responsible for the Content and other information that You submit.
10. In accessing the Application, You acknowledge that You understand and agree that You may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that ChargerMate will not be liable for any damages You allege to incur as a result of Content. We hereby disclaim all liability regarding Your access to the Content.

16. Consumer guarantee

1. Certain legislation including the Australian Consumer Law (‘ACL’) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer You with rights, warranties, guarantees and remedies relating to the provision of services by Us to You which cannot be excluded, restricted or modified (‘Statutory Rights’).
2. Nothing in these Terms excludes Your Statutory Rights as a consumer under the ACL.
3. You agree that Our liability for services provided to consumers is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute (except for Your Statutory Rights).
4. Except for Your Statutory Rights, the Application, the Website, the Content and all other material, information, products and services are provided to You without warranties of any kind, either express or implied, and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

17. No representation or warranty

1. While ChargerMate makes all reasonable efforts to ensure that the Application accurately records EV Charging Services and Charge Point Operator Charges, ChargerMate does not guarantee the accuracy of any EV Charging Service logged or Charge Point Operator Charge charged through the Application.
2. Further ChargerMate takes no responsibility for any EV Charging Service logged or any Charge Point Operator Charge charged.
3. Subscribers acknowledge and agree that they are personally responsible for monitoring usage while using EV Charging Services.

18. Disclaimers General

1. We provide the Application to the Subscriber as is, and the Subscriber is using the Application at his or her own risk.
2. To the fullest extent allowable under applicable law, We disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Application is merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Application by the Subscriber is in compliance with laws applicable to the Subscriber or that Subscriber Information transmitted in connection with the Application (including as part of online payment) will be successfully, accurately or securely transmitted.
3. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information in the Application, technical accessibility, fitness or flawlessness of the Application, or that Your use of the Application will not infringe rights of third parties.
4. ChargerMate does not endorse any Content, or any opinion, recommendation, or advice expressed therein and ChargerMate expressly disclaims any and all liability in connection with the Content.
5. You are solely responsible for Your interactions with other Subscribers. We reserve the right, but have no obligation, to monitor disputes between You and other Subscribers. ChargerMate shall have no liability for Your interactions with other Subscribers, or for any Subscriber’s action or inaction.

19. Limitation of liability

1. As a condition of using the Application, and in consideration of the Application provided by Us, We exclude and You agree to the fullest extent allowable under applicable law subject to Your Statutory Rights, in no event shall ChargerMate and its parent or related bodies corporate:
   1. be liable to the Subscriber or any third party with respect to use of the Application, including without limitation participation in online payment; and
      1. be liable to the Subscriber or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages to property (including but not limited to damage to vehicles and real property) for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of Subscriber Information, Content or data, the inability to use the Application or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
         1. accessing and using EV Charging Services;
         2. offering and providing the EV Charging Services;
         3. the use of the Application by You, including but not limited to damages resulting from or arising from Your reliance on the Application, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the Application;
         4. any unauthorised access to or use of Our secure servers and /or any personal information or financial information stored therein;
         5. any errors or omissions in any Content posted, emailed, transmitted or otherwise made available or any offensive, defamatory or illegal Content;
         6. the disclosure of any of Your information;
         7. the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
         8. Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond Our reasonable control.
2. To the fullest extent allowable under applicable law, the maximum aggregate liability of ChargerMate and its parent or other affiliated companies to a Subscriber, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Application, is the amount that the Subscriber pays, if any, to ChargerMate for access to or use of the Application during the six months period immediately prior to the event giving rise to such liability or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
3. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

20. Indemnification

1. By using the Application, You agree to defend and indemnify and hold Us (and Our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to Your use of or access to the Application, providing access to, accessing and using EV Charging Services, any breach by You of these Terms, any wilful, unlawful or negligent act or omission by You and any violation by You of any applicable laws or the rights of any third-party.
2. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Subscriber, in which event the Subscriber will cooperate in asserting any available defences.
3. This defence and indemnification obligation will survive these Terms and Your use of the Application. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.

21. Third-party links

1. Certain content available via the Application may include materials from third-parties.
2. Third-party links on the Application may direct You to third-party websites that are not affiliated with Us.
3. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
4. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
5. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction.
6. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

22. Privacy

1. Personal Information is information We collect and hold which is identifiable as being about You. This information includes information such as Your name, address, email address or any other type of information that can reasonably identify an individual, either directly or indirectly.
2. We collect and store the Personal Information that You provide to Us directly or give to Us in other forms.
3. Generally, We will collect Personal Information from You directly when You provide Your details to Us, for example by registering to use the Application. Additionally, We may also collect any other information You provide while interacting with Us, either electronically or in person. We will collect and use Personal Information with Your consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will also process Personal Information if it is necessary for Our legitimate interests or to fulfil a contractual or legal obligation.
4. You must not provide Us with Your Personal information if You are under the age of 18 without the consent of Your parent or guardian. We do not knowingly collect or process the Personal Information of persons under the age of 18.
5. By providing Us with Personal Information, You consent to the supply of that information subject to these Terms.
6. We may use Your Personal Information with Your consent for a specific purpose as set out in this Privacy Policy, including, but not limited to:
   1. provide You with the Application;
   2. enable You to use the Application;
   3. conduct Our business and provide You with the Application;
   4. provide, market, develop and research the Application;
   5. communicate with You to provide or promote the Application or Our products and services;
   6. purchase goods or services;
   7. carry out identity verification;
   8. help Us manage and enhance the Application, Our business, products and services;
   9. protect Our rights, privacy, safety, or property, and/or that of Our affiliates, You, or others;
   10. comply with Our legal obligations;
   11. for a related purpose, where the individual concerned would reasonably expect Us to use it for that related purpose;
   12. communicate with You by a variety of measures including, but not limited to, telephone, email, sms or mail;
   13. investigate complaints;
   14. present You with personalised offers;
   15. provide You with the opportunity to review Our products and services;
   16. provide You with information, updates, offers or advertising relating to Our products or services; or
   17. screen for potential risk or fraud (and to assist regulators, trade bodies and law enforcement agencies in relation to the same).
7. If You withhold Your Personal Information, it may not be possible for Us to provide You with the Application or for You to become or remain a Subscriber.
8. So that We can provide You with the Application, We have to share some Personal Information with trusted third parties. We do not sell Your Personal Information but We may share Your Personal Information as follows:
   1. Employees, contractors and related entities, existing or potential agents or business partners;
   2. Third party service providers: We rely on the services of third party service providers to conduct Our business. Our core service providers include (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, data analytics providers, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators. For example, purchases made through the Application are processed using Stripe. You can read more about how Stripe uses Your Personal Information here: www.stripe.com. We may use email service providers to manage Our mailing list and send out newsletters etc. You may unsubscribe from receiving Our marketing material by following the links at the bottom of Our marketing emails. Other types of emails, such as transactional, relational, and other emails related to certain service functions will not have an opt-out option as they are necessary for the use of the services.
   3. With regulators and law enforcement agencies when required to do so by law. We may from time to time need to disclose Your Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
   4. When We think it is reasonably necessary to protect You or Our business. In the unlikely event that We are the subject of attempted criminal activities, We will take all reasonable steps to protect You and Our business but sometimes We may need to share Your Personal Information where We think it is reasonably necessary to:
      1. detect, monitor, investigate or prevent any suspected illegal activities, fraud or security issue;
         1. enforce Our terms and conditions and to protect Your and Our rights and property; and/or
         2. investigate and defend any third party claims or allegations.
   5. As part of a business sale or purchase, merger or reorganisation. Although We have no current plans to do so, if there is a change of control in Our business or a sale or transfer of business assets, We reserve the right to transfer to the extent permissible at law Our user databases, together with any personal information and non-personal information contained in those databases.
9. You can always ask Us or third parties to stop sending You marketing communications. Where You opt out of receiving marketing messages, this will not apply to Personal Information You provided to Us as a result of a product/service purchase, product/service experience or other transactions.
10. While We are committed to ensuring that the Personal Information You provide to Us is secure, the transmission and exchange of information is carried out at Your own risk. Although We take measures to safeguard against unauthorised disclosures of information, We cannot assure You that Your Personal Information that We collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
11. We will not keep Your Personal Information for longer than is necessary by law or for the purposes described in this Privacy Policy. At the end of the retention period, Your Personal Information will either be completely deleted or anonymised so that it can be used in a non-identifiable way for statistical analysis and business planning.
12. You may request details of Your Personal Information that We hold in accordance with the provisions of the relevant law.
13. The Application may have links to other websites not owned or controlled by Us. These links are meant for Your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that We are not responsible for the privacy practices of other such websites. We encourage Subscribers to be aware, when they leave the Website, to read the privacy statements of each and every website that collects Personal Information.

23. Termination

The Terms are effective until terminated by Us.

24. Amendment

1. ChargerMate reserves the right to amend, change or modify these Terms or any other ChargerMate Policies related to use of the Application at any time and at its sole discretion.
2. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
3. If any change or modification is unacceptable to You, You can choose to cease to use the Application.

25. Miscellaneous

1. Headings used in these Terms are included for convenience only and will not limit or otherwise affect their meaning.
2. The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
3. Any ambiguities in the interpretation of the Terms shall not be construed against the drafting party.
4. The Application is governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
5. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
6. You agree to use Your best endeavours to resolve any dispute arising out of or relating to these Terms, with Us, prior to resorting to any external dispute resolution process. Please notify Us in writing of any dispute You may have.
7. In respect of the subject matter of the Terms, the Terms contain the entire understanding between the parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
8. For any questions or notice, please contact Us at:

ChargerMate

Address: 299 High Street, Maitland, NSW, 2230, Australia

Phone: 1300 66 99 62

Email: info@chargermate.com.au

Last updated March 2024