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Exploren Terms and Conditions
Welcome to Exploren! Exploren is an all-in-one solution for managing electric vehicle charging for electric vehicle owners. We provide
the next generation of OCPP management, through our software as a solution platform.

1 Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a
customer are set out below:
• Your Membership may be subject to a minimum term, as set out in your Account. Without limiting your rights under
the Australian Consumer Law, you may only cancel your Membership at the expiry of the minimum term.
• Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing
monthly basis.
• We will handle your personal information in accordance with our privacy policy, available at https://exploren.com.au/.
• Our liability under these Terms is limited to 12 months of Fees, and we will not be liable for Consequential Loss, any
loss that is a result of a Third Party Service, or any loss or corruption of data.
Nothing in these terms limit your rights under the Australian Consumer Law.

2 Introduction
2.1 These terms and conditions (Terms) are entered into between EVE Australia Pty Ltd t/as Exploren ACN 614 095 644 (we, us
or our) and you, together the Parties and each a Party.
2.2 We provide a cloud-based, software as a service platform where electric vehicle owners can connect the platform to their
home electric vehicle charging station, maintain and set up charge point operations, including load management, and
obtain live insights on the charging of their electric vehicle (Platform).
2.3 The use of the Platform is reliant on you having and maintaining a functional electric vehicle charging station with OCPP
protocol capability (EV Charge Point) and a stable internet connection.
2.4 In these Terms, you means the person or entity registered with us as an Account holder.
2.5 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and
warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the
entity’s personnel to these Terms.

3 Acceptance and Platform Licence
3.1 You accept these Terms by accepting these Terms prior to your sign up to the Platform.
3.2 You must be at least 16 years old to use the Platform.
3.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the
Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you
do not agree to the amendment and it adversely affects your rights, you may cancel your Membership with effect from the
date of the change in these Terms by providing written notice to us. If you cancel your membership, (a) you will no longer
be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a
pro-rata refund having regard to the date of termination and the period for which you have paid.
3.4 We may use third party APIs to deliver the Platform. Your use of third party APIs may be subject to their terms of use.
3.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide,
non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our
prior written consent.
3.6 If you use our mobile application to access the Platform, you acknowledge and agree that you must accept our App Terms
and Conditions, available on sign up to our mobile application, and as updated from time to time. To the extent of any
inconsistency between these Terms and our App Terms and Conditions, these Terms will prevail.
3.7 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information
without an individual’s consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(e) facilitating or assisting a third party to do any of the above acts.

4 Connecting the Platform to your EV Charge Point
4.1 You may connect the Exploren Platform to the EV Charge Point by following the instructions set out by our staff.
4.2 Once connected, the data from the use of your EV Charge Point will connect to the Platform, allowing you to access live
insights into the use of your EV Charge Point.
4.3 You are responsible for maintaining access to an EV Charge Point with OCPP protocol capability, and which maintains a
stable internet connection.

5 Exploren Services
5.1 In consideration for your payment of the Fees, we agree to provide you with access to the Platform and any other services
we agree to provide as set out in your Account.
5.2 We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may
perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are
performing such maintenance.
5.3 Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and
enjoyment of the Platform, you must place a request over the phone, or via email between 9am and 8pm AEST on business
days. We will endeavour to respond to any support requests in a reasonable period.
5.4 You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided
by us (for example, your EV Charge Point, and your internet connection (Third Party Services). To the maximum extent
permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure
of the Third Party Services.
5.5 You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data
into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
5.6 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any
scheduled or emergency maintenance that causes the Platform to be unavailable.

6 Accounts
6.1 You must register on the Platform and create an account (Account) to access the Platform’s features.
6.2 You must provide basic information when registering for an Account including your contact name and email address and
you must choose a password.
6.3 All personal information you provide to us will be treated in accordance with our Privacy Policy.
6.4 You agree to provide and maintain up to date information in your Account and to not share your Account password with
any other person. Your Account is personal and you must not transfer or provide it to others.
6.5 You are responsible for keeping your Account details and your username and password confidential and you will be liable
for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of
any unauthorised use of your Account.

7 Memberships
7.1 You may purchase a Membership by paying the Membership fees outlined on the Platform (Fees) in advance on a yearly
basis or some other recurring interval disclosed to you prior to your payment of the Fees (Billing Cycle).
7.2 Your Membership will automatically renew at the end of the Billing Cycle for the same period of time and you will be
charged the Fees in connection with each subsequent Billing Cycle unless and until you cancel your Membership.
7.3 Free Trial: Your membership may begin with a free trial for the period specified on the Platform (Free Trial Period). Free
trials are only available for new Account holders and we may limit eligibility to prevent free trial abuse. If you don’t cancel
your Membership before the end of the Free Trial Period, the Billing Cycle will commence on the day after the Free Trial
Period and the Fees are payable on the same date.
7.4 The payment methods we offer for the Fees are set out on the Platform.
7.5 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or
credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is
made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third
party payment processor to debit your account in accordance with these Terms and you certify that you are either an
account holder or an authorised signatory on the account for which you provide details.
7.6 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are
payable by you to us in connection with the Platform.
7.7 We do not store any credit card details, and all payment information is collected and stored through our third-party
payment processor.
7.8 The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
7.9 We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated
features) from time to time. If we adversely change what is available as part of your Membership, we will provide you with
at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If
the changes adversely affect your enjoyment of the Membership, you may cancel your Membership with effect from the
date we apply the changes to your Membership by providing written notice to us. If you cancel your membership, (a) you
will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you
will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
7.10 We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the
change. After 30 days, we will apply the updated Fee to your Membership on and from your next Billing Cycle. If the
updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of
Memberships’ clause.

8 Our Intellectual Property
8.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the
Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property)
8.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual
Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual
Property on your personal device and web browser.
8.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to
any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying
any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be
framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
8.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media
page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or
deceptive; and
(d) you comply with all other terms of these Terms.
8.5 This clause will survive the termination or expiry of your Membership.

9 Your Data
9.1 You own all data, information or content you upload into the Platform (Your Data).
9.2 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data to:
(a) communicate with you (including to send you information we believe may be of interest to you);
(b) supply the Platform to you and otherwise perform our obligations under these Terms;
(c) diagnose problems with the Platform;
(d) enhance and otherwise modify the Platform;
(e) perform Analytics;
(f) develop other services, provided we de-identify Your Data; and
(g) as reasonably required to perform our obligations under these Terms.
9.3 You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You
represent and warrant that:
(a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are
necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
(b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your
Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual
property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9.4 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on
and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and
agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes,
provided that the Analytics do not contain any identifying information.
9.5 We do not endorse or approve, and are not responsible for, any of Your Data.
9.6 You acknowledge and agree that the performance of the Platform is reliant on the accuracy and completeness of your
electric vehicle and EV Charge Point, and the provision of Your Data that is inaccurate or incomplete may affect the use,
output and operation of the Platform.
9.7 This clause will survive the termination or expiry of your Membership.

10 Warranties
10.1 You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms; and
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete.

11 Australian Consumer Law
11.1 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 the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law
Rights).
11.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under
the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is
governed solely by the ACL and these Terms.
11.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services
(including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute,
at law or on any other basis.
11.4 This clause will survive the termination or expiry of your Membership.

12 Liability
12.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by,
arising from or connected with:
a. any interruptions or downtime to the Platform as a result of any scheduled or emergency maintenance;
b. your EV Charging Station and/or your electric vehicle; and
c. any use or application of the Services by a person or entity other than you, or other than as reasonably
contemplated by this Agreement.
(c) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant
Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel,
including any failure by that Party to mitigate its losses; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by
you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has
been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having
regard to the amount of Fees paid and the period of time).
12.2 This clause will survive the termination or expiry of your Membership.

13 Termination
13.1 Cancellation of Memberships: You may request to cancel your Membership at any time by notifying us via email, or via
‘cancel my membership’ feature in your Account. Your cancellation will take effect from the end of the current Billing Cycle
as set out in your Account.
13.2 A Membership will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied
within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
13.3 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate
the suspected breach.
13.4 Upon expiry or termination of your Membership:
(a) we will remove your access to the Platform;
(b) we will be entitled to anonymise or permanently delete all Your Data within 1 month from expiry or termination of this
Agreement; and
(c) where we terminate your Membership as a result of your unrectified default, you also agree to pay us our reasonable
additional costs directly arising from such termination, including recovery fees.
13.5 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata
basis.
13.6 Termination of a Membership will not affect any rights or liabilities that a Party has accrued under these Terms.
13.7 This clause will survive the termination or expiry of your Membership.

14 General
14.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or
obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably
withheld).
14.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection
with these Terms, to a debt collector, debt collection agency, or other third party.
14.3 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to
seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the
dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to
prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
14.4 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties
and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties,
except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications,
negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
14.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these
Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on
the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event
and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimize the duration
and adverse consequences of the Force Majeure Event.
14.6 Governing law: These Terms are 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 and any courts entitled to hear appeals
from those courts and waives any right to object to proceedings being brought in those courts.
14.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the
details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been
served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.8 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act
1988 (Cth) and any other applicable legislation or privacy guidelines.
14.9 Publicity: With your prior written consent, You agree that we may advertise or publicise the fact that you are a user of our
Platform, including on our website or in our promotional material.
14.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read
down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that
provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that
provision or the other provisions in these Terms.

15 Definitions
15.1 Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act
or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the
Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or,
any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity,
loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay
us the Fee under these Terms will not constitute “Consequential Loss”.
15.2 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
15.3 Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law,
equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how,
inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or
source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or
modifications of, the foregoing, whether or not registered or registrable.
15.4 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or
judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising,
whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party
or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
EVE Australia Pty Ltd t/as Exploren (ACN 614 095 644)
Email: hello@exploren.com.au
Last update: 11 January 2024
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