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These terms of use (Terms) apply to your use of the AGL EV Charging Application (App), including the use of the information and functionality provided via the App or any related website (Site). These Terms include any other terms and conditions incorporated by reference. In these Terms, the expressions we, us and our are a reference to AGL Energy Services Pty Limited.
You may access certain services via the App which allow you to use supported electric vehicle charging stations in Australia and associated payment services if applicable. In these Terms, the expression Service is a reference to these services as well as the supply of the App and any Site to you.
To access and use the Service, you must agree to, and comply with, these Terms and by clicking accept, you agree to these Terms. You may not use the App, and we will not provide any other Service to you, if you do not accept these Terms.
We may amend the Terms from time to time. Amendments will be effective upon our posting of the updated terms on the App or Site (as applicable). By continuing to access or use the Service after an update to the terms, you agree to be bound by these Terms, as amended.
The Service is a technology platform operated by us via App and related Sites that allows you to charge your electric vehicle (EV) using a network of charging stations (Charging Station), provided and operated by us or third parties who own or operate compatible charging stations (Charging Station Operator).
A charging session starts from the time you connect your EV to a Charging Station and is started through the App (or RFID tag, if applicable) and ends when you or the Service disconnects your EV from the Charging Station. If the charging session is a paid session, pre-authorisation of payment will be required either via a stored payment mechanism, via a casual payment mechanism, or according to any billing arrangements that may apply. It is your responsibility to ensure that charging begins and completes correctly and that any required payment is successfully made by you. To ensure that the charging has begun, please refer to any instructions visible on the Charging Station or provided by the Charging Station Operator. Charging via RFID tag (if applicable) begins when you have connected the EV to the Charging Station for charging according to the instructions after the RFID tag identification process has completed.
In each case it is your responsibility to ensure that your EV has met the correct conditions to charge at the Charging Station. It is your responsibility to update the App and your details in accordance with section 3 (Your Account) below.
To use the Service, you will need to create a user account and accept these Terms.
By using the Service you warrant that you are authorised by the applicable Charging Station Operator to use the Service at the Charging Stations as authorised by us or the Charging Station Operator from time to time.
When registering for an account, you must provide us with certain personal information, such as your name, mobile phone number and car registration details, as well as payment details (as required). You agree to maintain accurate, complete, and up-to-date information in your account. Any failure to maintain accurate, complete, and up-to-date account information may result in your inability to access and use the Service or our termination of these Terms with you. We are not responsible for any decline of authorisation for charging if your payment details are not verified by an issuer bank.
You are responsible for all activity that occurs under your account regardless of whether that activity is undertaken or authorised by you. You agree to maintain the security and secrecy of your account username and password at all times and agree to inform us immediately if you have reason to believe that your password has become known to anyone else or is being, or is likely to be, misused in any way. Payment through credit card or debit card is processed through our payment processor Stripe, as set out in section 7(Fees and Charges).
You may be issued with a physical Radio Frequency Identification Device (RFID) tag by the Charging Station Operator or AGL to identify you on the charging network, subject to you providing your consent. If you are provided with a RFID tag, you are solely responsible for the custody of the RFID tag and will be responsible for any unauthorised use. If this tag is lost or stolen, please inform us immediately on 1300 001 034. Each RFID tag remains the property of the Charging Station Operator AGL, and must be returned if you are no longer using the Service. It must not be misused in any way contrary to these terms or shared with any third party without express permission from us or the Charging Station Operator.
The Service is provided to enable you to connect your vehicle to a Charging Station and to record and/or pay for the use of the Charging Station as required. These Terms are separate to any additional terms and conditions you agree with the Charging Station Operator to use a Charging Station, and separate to any additional terms and conditions you agree with your Business Fleet Manager to use a fleet vehicle.
To the extent permitted by law, we do not bear or accept any liability arising from any agreement you have with the Charging Station Operator, and you indemnify us for any loss or claim arising from your failure to comply with any separate terms and conditions with a Charging Station Operator.
The Charging Station Operator is responsible for dealing with any claims, complaints or any other issue arising out of or in connection with any agreement between that Charging Station Operator and you.
To the extent permitted by law, we and our third party partners (including agents and contractors) are not liable for any electrical safety issues associated with the Charging Station.
You are responsible for safely parking and charging your EV, and must comply with the specific parking restrictions (including any specific parking laws, regulations and terms and conditions) that apply to use of the relevant Charging Station.
We will communicate with you in connection with the Service electronically in a variety of ways, including through text message, in-app push notifications or email. You consent to receive communications from us and other third parties involved in the Service in connection with the Service.
You may opt-out of receiving in-app push notifications by adjusting the App settings on your mobile device. You acknowledge that opting-out of in-app push notifications may impact your use of the Service. You may also opt out of text or email messages by following the instructions in that message. You will not be able to opt out of receiving service messages that are required for operation of the App or the Service.
You may communicate with us by using the functionality within the App or at commercialcharging@agl.com.au or on 1300 001 034.
When using the Service, you must not use, or attempt to use the Service or act in any way that is contrary to any law or is not permitted by the Terms.
Without limiting the above, you must not and must not attempt to:
Access and ongoing use of the Service requires a connection to the internet. You are responsible for all fees and charges associated with accessing the internet and for updating your copy of the App and operating system so as to meet the minimum requirements. These may include charges imposed by your mobile network service provider in relation to data use and messaging.
To use the Service you must download the most recent version of the App available on the Apple App Store or Google Play Store and maintain a compatible operating system (as updated from time to time).
Without limiting any non-excludable rights you have under law, including the Australian Consumer Law, we do not guarantee that the Service or any portion of it will function on any particular hardware or device. You acknowledge that the Service may be subject to bugs, glitches and other malfunctions and delays inherent in the use of the internet and electronic communications. To the extent permitted by law, we accept no liability for such issues.
Access to the Service may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control. Without limiting any non-excludable rights you have under law, including the Australian Consumer Law, we do not guarantee that the Service will be available 24x7 and reserve the right, without prior notice to you, to suspend the Service pending maintenance, repair, diagnosis, analysis or upgrade of the Service, or to modify the Service, or discontinue the Service at any time, in any event, without liability to you.
We, or our suppliers, reserve the right to, without limitation, suspend or terminate your account and/or your use of the Service (in part or in whole), acting reasonably:
You may, at any time, cancel your account, or cease using the Service. To cancel, you may either notify us in writing or contact us by phone using the details at the end of these terms. You will still need to satisfy any payment obligations for your use of the Service up to the date of cancellation.
Certain provisions of these Terms, including clauses 8, 9, 11, 13 and any other terms that by their nature survive termination, will remain in effect even after your account is terminated or otherwise cancelled.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable licence to:
in each case, subject to any other terms of use required by the Charging Station Operator, or any related terms and conditions applicable to the use of a Charging Station.
Any rights not expressly granted in these Terms are reserved by us. This includes all right, title and interest in the object code and source code of the App and the Site.
Other than to the extent necessary to use the Service, you must not, without our prior written consent:
You acknowledge that the Service and any related documents (as applicable), including all portions and copies of them are subject of copyright. You acquire no right, title or interest in the Service or any related documents other than those that the Terms expressly provides for. You will not during or any time after the expiry or termination of the Terms permit any act which infringes that copyright and you specifically acknowledge that you agree to fully indemnify us against all liabilities, costs and expenses we incur as a result of your breach of this clause. We reserve the right to change, suspend, remove, disable or limit access to the Service at any time without notice in relation to a suspected, threatened or actual breach of intellectual property rights or laws. You agree that we incur no liability for any action we take under this paragraph.
The App is provided by us to you at no additional cost and you may create an account for free. You may also be required to pay a periodic membership fee for access to the Service.
You may be required to pay for your use of the Charging Station (Usage Fees) in accordance with these Terms. These Usage Fees are subject to change – the most current price will be displayed before you commence charging. All fees are inclusive of GST.
Usage Fees may start accruing from the time you connect your EV to the Charging Station, and continue until you correctly disconnect your EV and terminate the active charging session. The final Usage Fee (which may be a fixed amount, based on the charge time, calculated on a per unit electricity consumed basis, or mix of the above) will be calculated once the charging is completed and will be debited immediately to your chosen payment method. You must ensure that your active payment method has sufficient funds to complete the transaction.
Credit or debit card payments will be processed by our third party payment processor Stripe, and will be subject to the payment terms for your selected payment method set out at https://stripe.com/payment-terms/legal (as updated or varied from time to time, including successor URLs). Some personal information may also be transmitted to Stripe, and will be subject to their Global Privacy Policy (currently accessible at https://stripe.com/en-au/privacy). It is your responsibility to ensure that the registered debit card or credit card is valid, that it has a sufficient balance and is not blocked. In the event that debiting is not possible, we have right to require payment directly from you. A card payment processing fee of 5% will be calculated on top of your Usage Fees.
When setting up your account and when otherwise using the Service, we collect information from you including (but not limited to):
We use cookies and applets which contain information by which we are able to identify your computer (or other device used to access our App or Site) to our servers. This information is collated on a non-personal, anonymous and aggregated basis for the purposes of assisting us in analysing and monitoring the usage of the App and the Site.
All personal information you provide to us will be treated in accordance with our Privacy Policy which can be accessed at https://www.agl.com.au/privacy-policy . Some personal information will also be handled by third party providers, including Fortum Charge and Drive B.V. to facilitate the operation of the Service, in accordance with its privacy policy (available at https://www.fortum.com/legal/privacy/privacy-notice-customers) and Stripe Payments Europe, Ltd. or its related entity to facilitate the processing of payments, in accordance with their Global Privacy Policy (available at https://stripe.com/en-au/privacy).
You agree that we may use and disclose your personal information and all information collected or generated from your use of the Service for:
You agree to allow us to share your personal information with the following parties:
You also acknowledge that we and our suppliers may collect, analyse, and use aggregated, de-identified charger data, technical data and related information, such as product or feature usage, metrics and metadata for the business purposes of us or our suppliers, to facilitate market analysis, to develop, improve and market the Service, and to provide support and maintenance services.
The Apple privacy policy and Google privacy policy also provide information about how Apple and Google collect, use and disclose your personal information. See section 12 ('App Store and Google Play Store') for more details.
The Service and any and all associated documentation is our confidential information. You must keep the information secure and not disclose it unless you are required to by an applicable law.
In using the Service, you irrevocably and unconditionally acknowledge that, to the extent permitted by law, we provide the Service on a purely ‘as is’ basis without warranty of any kind whatsoever to you and we make no warranties or representations as to the accuracy, content or quality or the information of any kind displayed on the Service and are not responsible for verifying the accuracy of any information available via the Service.
If you are a consumer under the Australian Consumer Law (set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), you are entitled to certain guarantees, rights and remedies that cannot be excluded, restricted or modified by agreement. These include consumer guarantee rights that the products and Service we provide will be of acceptable quality, fit for the purpose disclosed, and carried out with due care and skill.
Nothing in these Terms is intended to exclude, restrict or modify the application of any implied condition or warranty, any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would: (i) contravene that statute; or (ii) cause any term of this Agreement to be void. Our liability to you for failure to comply with these non-excludable obligations is set out in section 11.2 (Liability Cap).
In this section 11.1 and section 11.2, Loss includes any loss, damage, liability, cost or expense (including any legal cost and expense) on a full indemnity basis however it arises and whether it is present or future, fixed or unascertained, actual or contingent, direct or indirect.
To the maximum extent permitted under any applicable laws, in no circumstances are we (or our agents and contractors) liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you for any indirect or consequential loss (that is, any loss which does not arise naturally in the ordinary course of things), even if you have advised us of their possibility, including loss of business profits, revenue, opportunity, goodwill or anticipatory profits or business interruption, incurred by you in connection with or as a result of entering into the Terms or their performance.
To the extent permitted by law, you agree that our aggregate liability for any claims under or in connection with the Terms, however they arise and whether in contract, tort (including negligence and breach of statutory duty), shall not exceed the actual dollar amount paid by you for the Service which gave rise to such damages, Losses and causes of action.
Where we cannot exclude liability under the Terms but can limit that liability, our liability is, to the extent permitted by law, limited to the following (at our option):
With respect to the App and any other application sourced via the App Store or Google Play, additional terms and conditions may apply. You acknowledge and agree that:
In the event of a service enquiry or complaint, you may communicate with us by using the functionality within the App or at commercialcharging@agl.com.au or on 1300 001 034. We will endeavour to resolve your complaint in a timely manner.
In using the Service, you acknowledge and agree that:
These Terms are governed by the laws of the State of Victoria, Australia. The parties agree that any claim or dispute between the parties will be decided by a court of competent jurisdiction located in the State of Victoria, Australia. 13.4 Severance
If any provision of these Terms is found to be invalid, unenforceable or illegal for any reason, such provisions will be deemed deleted and the remaining provisions will remain in full force and effect.
If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You must not transfer, assign or delegate any of your rights or obligations under these Terms to anyone else without our consent. We (and to the extent relevant, our suppliers) may assign, novate or otherwise delegate all or any of our rights or obligations under these Terms to any person or entity, and this clause records your agreement to the replacement of us as a party to this agreement with any other person or entity without further notice to you. We may subcontract the provision of any part of the Service to our third party suppliers, however we will remain responsible for their performance under this agreement.
Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
Except as otherwise provided in these Terms, in the event there is any inconsistency between these terms and any other terms incorporated in the Terms or any information appearing on the Service, or any other material accessible, available or observable on the Service published by us or matters contained in any other document or representation received from any party including us, these Terms shall prevail to the extent of the inconsistency.
AGL recognises the Aboriginal and Torres Strait Islander peoples as the Traditional Owners of the lands on which we work, and we acknowledge those communities' continuing connections to their lands, waters and cultures. We pay our respects to their Elders past, present and emerging.