Terms and Conditions

Site Host Terms and Conditions

Disclosure Requirements

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy which sets out how we will handle your personal information;
• clause 6(Variations) which sets out how we may amend these Terms; and
• clause 28(Exclusions to liability) which sets out exclusions and limitations to our liability.

We may receive benefits from third parties through referrals or commissions. These Terms do not limit your Consumer Law Rights.

1. Acceptance

You accept this Agreement by clicking “I accept”, “I agree” or any similar button or checkbox on our website or application platform.

Your acceptance constitutes your agreement that:

(a)             you have read and understood these Terms;

(b)            you agree to be bound by these Terms; and

(c)             you have authority to enter into this Agreement.

Following any variation to this Agreement notified in accordance with clause 19.6, your continued use of the Services after the variation takes effect will constitute your acceptance of the varied Agreement.

 

2. Services

2.1            In consideration of your payment of the Fees, we will provide the Services in accordance with this Agreement, whether ourselves or through our Personnel.

2.2            We will not be responsible for any Services unless expressly set out in the inclusions in the Schedule.

2.3            Subject to any other provisions of this Agreement, we will commence providing the Services within a reasonable time after the Commencement Date, or as otherwise agreed between the Parties in the Schedule or otherwise.

 

3. SaaS Licence

3.1            In consideration of your payment of the SaaS Solution Fee, we will supply you with the SaaS Solution in accordance with the Schedule.

3.2            During the Term, and subject to your compliance with this Agreement, we grant you and your Authorised Users a non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the SaaS Solution solely for your business purposes and as contemplated by this Agreement (SaaS Licence).

 

4. Authorised Users

4.1            We agree to provide each Authorised User with access to the SaaS Solution in accordance with the Authorised User Permissions.

4.2            You will ensure each Authorised User complies with the terms of this Agreement.

4.3            The administrator of your Account will have rights to add or remove Authorised Users from access to the SaaS Solution.

 

5. Account

5.1            You will require an Account in order to access and use the SaaS Solution.

5.2            Each Authorised User will require a login (which is linked to your Account), in order to access and use the SaaS Solution.

5.3            You must ensure that any information provided to us for any Account or login is accurate and complete, and you warrant that you are authorised to provide this information to us.

5.4            You and your Authorised Users must keep your Account and login details secure and confidential. You agree to immediately notify us if you become aware of, or have reason to suspect, any suspicious or unauthorised access to your Account or use of any login details linked to your Account.

5.5            We may suspend access to your Account where we reasonably believe there has been any unauthorised use of or access to the SaaS Solution. Where we do so, we will notify you within a reasonable time of the suspension occurring, and the Parties will work together to resolve the matter.

 

6. SaaS Licence – Additional Conditions of Use

You must not (and you must ensure that each Authorised User does not):

(a) access or use the SaaS Solution except as permitted by the SaaS Licence, or other than through the interface that is provided by us;   

(b) access or use the SaaS Solution in any way that is improper or breaches any Laws, infringes any person’s rights (including Intellectual Property Rights and privacy rights), or gives rise to any civil or criminal liability;   

(c) interfere with or interrupt the supply of the SaaS Solution or our System, or any other person’s access to or use of the SaaS Solution;   

(d) introduce any Harmful Code into the SaaS Solution or our System;   

(e) directly or indirectly use, copy, decompile or reverse engineer the SaaS Solution;  

(f) allow others to access or use your Account (or in the case of Authorised Users, their login details), including any password or authentication details;   

(g) use the SaaS Solution to carry out security breaches or disruptions of a network;   

(h) attempt to access any data or log into any server or account that you are not expressly authorised to access;   

(i) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or  

(j) access or use the SaaS Solution to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.   

 

7. Availability

7.1            Once you have been provided access to the SaaS Solution, we will use our best endeavours to make the SaaS Solution available at all times during the Term.

7.2            From time to time, we may perform such reasonable scheduled and emergency maintenance and updates in relation to the SaaS Solution in order to continue to supply the SaaS Solution to you and our other customers (Scheduled or Emergency Maintenance). You agree that access to, or the functionality of all or part of the SaaS Solution, may need to be suspended for a time in order for us to perform Scheduled or Emergency Maintenance, and to the maximum extent permitted by law, we will not be liable to you for any interruptions or downtime to the SaaS Solution as a result of any Scheduled or Emergency Maintenance.

7.3            We will endeavour to provide you with reasonable notice, where possible, of any interruptions to access and availability of the SaaS Solution.

 

8.               Third Party Inputs

8.1 You acknowledge and agree that the Services may interact with, or be reliant on, certain Third Party Inputs, including your EV Charging Stations and internet connection.

8.2 You acknowledge and agree that, unless we have expressly agreed to provide the services described in this clause 8.2 in the Schedule or in another agreement:

(a)  you are responsible for obtaining and managing all licences for the relevant Third Party Inputs;

(b) you are responsible for paying all fees related to the Third Party Inputs; and

(c)  you agree to comply with terms and conditions applicable to the relevant Third Party Inputs at all times.

8.3 We do not make any warranty or representation in respect of any Third Party Inputs.

8.4 Despite anything to the contrary, to the maximum extent permitted by law, 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 any Third Party Inputs, subject to clause 5.

8.5 Should any unavailability, error or change to a Third Party Input have a substantial and adverse impact on your use and enjoyment of the Services:

(a) you agree to notify us in writing within 10 days of the change coming into effect; and

(b) following receipt of such notice by us, the Parties will use all reasonable endeavours to work together to resolve the matter.

8.6 This clause 8 will survive the termination or expiry of this Agreement.

 

9. EV Charging Stations

9.1 You may connect any functional EV Charging Station with OCPP protocol capability and a stable internet connection to the SaaS Solution.

9.2 You may elect on the SaaS Solution whether you would like the EV Charging Station to be a Public EV Charging Station.

9.3 You acknowledge and agree that for all EV Charging Stations which you nominate as a Public EV Charging Station, you grant us the right to display the Public EV Charging Station on the Exploren Application, including the location and status of the Public EV Charging Station, as well as any Tariff for the use of the Public EV Charging Station.

9.4 You acknowledge and agree that Exploren Application users may locate and attend the Public EV Charging Station once you have marked it as ‘public.’

9.5 You warrant and agree that you have the right at all times during the Term to grant access to the property on which the Public EV Charging Station is located, to Exploren Application users.

 

10. EV Charging Station User Experience

10.1 The EV Charging Station Users who are using your EV Charging Station will benefit from the use of our Exploren Application.

10.2 Any EV Charging Station Users who wish to use the Exploren Application will need to accept our Exploren Application terms and conditions.

10.3 EV Charging Station Users will be required to download the Exploren Application, and create an account to access and use the EV Charging Station.

10.4 You may use the SaaS Solution to make your EV Charging Station publicly available, meaning it will be available for users to search on our Exploren Application, and use the EV Charging Station.

10.5 If requested by you, we can also provide RFID Cards to you, for the Fees set out in the Schedule. The RFID Card provides an alternative mechanism for EV Charging Station Users to access and use the EV Charging Station, without requiring the Exploren Application. However, all RFID Card holders must register the RFID Card through the Exploren Application to register the RFID Card prior to its first use.

10.6 If agreed between the Parties, we may customise the Exploren Application so that your EV Charging Station Users who use the Exploren Application can view your branding, in conjunction with our branding.

 

11. Setting Tariffs

11.1 In your discretion, you may use the SaaS Solution to set a Tariff for the use of the EV Charging Station by EV Charging Station Users.

11.2 Prior to setting any Tariff for use of the EV Charging Station through the SaaS Solution, you must provide us with bank account details, so that we may transfer the Net Tariff Revenue to you, in accordance with this clause.

11.3 You may set a Tariff for use of the EV Charging Station by time spent or energy used, and you may choose to charge a varied Tariff based on the time of the day, or day of the week.

11.4 If an EV Charging Station User uses the EV Charging Station where a Tariff has been applied by you, we will collect the Tariff on your behalf, as a collection agent.

11.5 At the end of each month during the Term, you will have access to a Tariff Report detailing the Tariffs earned by you and collected by us during this period, and setting out the deduction of payment processor fees payable by you (currently 2.5% of the Tariff revenue plus 30c per transaction) (Net Tariff Revenue).

11.6 We will notify you as soon as possible if our payment processor increases their payment processor fees. You agree that you are liable for, and we may deduct from the Tariff revenue, any fees imposed on us by our payment processor as a result of your use of this service.

11.7 You agree to provide us with an invoice for the Net Tariff Revenue promptly on receipt of the Tariff Report. Subject to clause 8, we agree to transfer the Net Tariff Revenue to you within 14 days of the invoice being received by us, to the bank account nominated by you.

11.8 We reserve the right to withhold payment of the Net Tariff Revenue until you have made full payment of any outstanding Fees owing. This does not affect our other rights or remedies under this Agreement or at law.

11.9 You acknowledge and agree that:

(a) you have full control over the setting of the Tariff for your EV Charging Station;

(b) we collect the Tariff from you as a collection agent only, and you are responsible for the provision of services to the EV Charging Station User for the use of the EV Charging Station; and

(c) you are responsible for managing any disputes between you and the EV Charging Station User, and for the provision of any refunds related to the Tariff.

11.10 Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:

(a) you charging a Tariff; and

(b) any complaints, refunds or fines as a result of your imposition of a Tariff.

 

12. Implementation Services

12.1         If applicable, in consideration of your payment of the Implementation Service Fee, we will supply you with the Implementation Services in accordance with the Schedule.

12.2         Prior to us supplying the Implementation Services, you agree to:

(a)             make a backup of any relevant data in your EV Charging Station which is to be the subject of, or to be used in the performance of, the Services;

(b)            make a written note or make a backup of any configuration settings or information stored in your EV Charging Station;

(c)             make a plan to restore your EV Charging Station in the event that they are corrupted or lost;

(d)            notify any relevant parties of any planned outages or downtime necessary for the performance of the Implementation Services; and

(e)             provide us with all information that is within your knowledge in relation to the System which would be reasonably necessary for us to know in order to perform the Implementation Services.

12.3         You acknowledge and agree that not undertaking your obligations under clause 12.2 may impact on the results or the performance of the Services, and we will not be liable to you for any Liability to the extent caused or contributed to by your failure to comply with clause 12.2.

 

13. Support Services

13.1         We include basic support for the SaaS Solution in the SaaS Solution Fee, as set out in the Schedule.

13.2         In order for you to receive the Support Services, you or your Authorised User must place a request over the phone at 1300 755 087, via email at help@exploren.com.au or through the SaaS Solution.

13.3         We will use our best endeavours to make the Support Services available to you during the times as set out in the Schedule.

13.4         Unless otherwise agreed, support under this Agreement is not to be used to support any other products or services and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.

13.5         If applicable, and in consideration of your payment of the Additional Support Services Fee, we will supply you with the Additional Support Services in accordance with the Schedule.

13.6         You agree to the reasonable usage of the Support Services. Where we consider your usage of the Support Services to be unreasonable, or unreasonably above average based on the number of EV Charging Stations that you have connected to the SaaS Solution:

(a)             we agree to notify you in writing of our concerns; and

(b)            following your receipt of such notice, the Parties will use all reasonable endeavours to work together to resolve the matter.

13.7         If:

(a) we have provided you with the notice in accordance with clause 6(a); and

(b) the Parties are unable to resolve the matter pursuant to clause 6(b),

we may (at our discretion):

(c) adjust our response time accordingly; and/or

(d) vary the Fees to reflect your increased use of our limited resources, effective on and from us giving you written notice of the new Fees; or

(e) terminate this Agreement by giving 30 days’ notice in writing to you, in which case clause 3 will apply.

 

14. SIM Services

14.1 If applicable, in consideration of your payment of the SIM Services Fee, we will supply you with the SIM Services in accordance with the Schedule.

14.2 You acknowledge and agree that the SIM Services are reliant on the third-party network provider, currently Telstra.

14.3 We will not be liable to you for any interruptions or downtime to the availability of a connection from the EV Charging Station to the SaaS Solution as a result of any network failures.

14.4 We recommend that you connect a back-up method of internet connection to the EV Charging Station.

14.5 You warrant and agree that you will only use the data from the SIM Card to operate the EV Charging Station, including ensuring that the EV Charging Station is not used as a router.

14.6 Each SIM Card includes a monthly data allowance of 1GB.

14.7 You agree that we will charge you additional SIM Services Fees if:

(a) the number of SIM Cards requested by you increases; or

(b) your data usage exceeds the monthly allowance.

14.8 Additional SIM Services Fees will be calculated and charged monthly in arrears.

 

15. Additional Services

15.1         You may request Additional Services, including support and assistance on a consultancy basis or bespoke customisation to the scope or functionality of the SaaS Solution, by providing written notice to us.

15.2         We may, at our discretion, provide you with written notice in the form of a statement of work, setting out (among other things) the Additional Services requested and any further fee required for us to undertake the Additional Services (Statement of Work).

15.3         If you agree to the Statement of Work for the Additional Services, we will provide the Additional Services to you in consideration for payment of the additional fee, which will form part of the Fees.

15.4         Each Statement of Work will be subject to, and will be governed by, this Agreement and any other conditions agreed to by the Parties in writing. To the extent of any ambiguity or discrepancy between a Statement of Work and this Agreement, the terms of this Agreement will prevail.

 

16. Security Incidents

16.1         If either Party becomes aware of or reasonably suspects that a security incident has occurred arising from our provision of the Services, such that Your Data has or may have been compromised (for example, unauthorised access) (each a Security Incident), that Party must promptly notify the other Party and we agree to, within a reasonable time:

(a)             conduct an investigation to determine whether a Security Incident has occurred, and where one has, the cause and impact of it on Your Data; and

(b)            where a Security Incident is deemed to have occurred, remediate the Security Incident to the extent that this is operationally, commercially and technically feasible.

16.2         You agree that we may suspend the Services where a Security Incident has or may have occurred and this is considered necessary or prudent (as determined by us, at our reasonable discretion) to address or deal with the Security Incident.

16.3         We will bear our costs in conducting any investigation or remediation required under this clause, unless the incident triggering the Security Incident was caused or contributed to by you (or any Authorised User), in which case, you will be liable for those costs reasonably and necessarily incurred by us arising from the Security Incident.

 

17.            Notifiable Data Breaches

17.1         This clause 17 will only apply to the extent the notifiable data breaches scheme under Part IIIC of the Privacy Act 1988 (Cth) (Notifiable Data Breaches Scheme) applies to us.

17.2         If as a result of our investigations in accordance with clause 16.1 of this Agreement, we believe a Security Incident has occurred that we consider to be notifiable under the Notifiable Data Breaches Scheme, we will:

(a)             promptly notify you of this by telephone or email;

(b)            provide notice to the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches Scheme; and

(c)             be the sole Party to notify the individuals who are likely to be at risk of serious harm arising from the Security Incident.

17.3         Where we do not have the contact details of affected individuals, we will provide you with a statement to provide to affected individuals.

 

18. Your Obligations and Representations

18.1         You agree:

(a) to comply with this Agreement and all applicable Laws;

(b) to provide all assistance, information, documentation, access, facilities and other things reasonably necessary to enable us to comply with our obligations under this Agreement or at Law;

(c) to provide us and our Personnel with reasonable, convenient and safe access to your premises and Systems to the extent reasonably necessary in order for us to supply the Services, and at the times agreed between the Parties;

(d) to ensure all information provided to us is kept up-to-date and the email address you provide is valid and regularly checked;

(e) to make any changes to your Systems, such as System upgrades, that may be required to support the delivery and operation of any Services;

(f) to ensure that any Systems used in connection with the Services have all necessary approvals and comply with all Laws;

(g) that you have reviewed and understand the terms of this Agreement (including our Privacy Policy), and that you (and Authorised Users) will use the Services in accordance with them;

(h) to notify us of any breach or suspected breach of this Agreement by you (or an Authorised User), within 48 hours of becoming aware of any such breach or suspected breach; and

( i) that you are responsible for all Authorised Users and other users within your organisation or within your control using the Services, including your Personnel.

18.2         You acknowledge and agree that:

(a) the technical processing and transmission of the Services, including Your Data, may be transferred unencrypted and involves transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices;

(b) you will not alter or modify the Services in any way that is not contemplated by the purposes of the Services.

18.3         You agree that you are responsible for maintaining the availability, full OCPP functionality and online status of your EV Charging Station. Should your EV Charging Station stay offline for 30 consecutive days, this will constitute a material breach of this Agreement and we may terminate this Agreement in accordance with clause 30.2(a).

 

19. Payment

19.1         You agree to pay us the Fees, and any other amount payable to us under this Agreement, in accordance with the Payment Terms.

19.2         We offer fee-free payment via direct debit.

19.3         All other payment methods (including credit card, bank transfer, and other manual payment methods) may incur merchant fees of $10 which will be automatically added to the amount payable. This will take effect immediately unless otherwise agreed between the parties.

19.4         If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion):

(a) in the case where we have not yet provided the Services, delay any Services until the Fees have been paid;

(b) after a period of 5 Business Days, cease providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so, including legal fees and/or debt collector fees; and/or

charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with the Payment Terms.

19.5         You will not be entitled to any part of the Services until the Saas Solution Fees have been paid in full.

19.6         We may vary this Agreement (including the Fees) by providing written notice to you, unless otherwise agreed in writing. The variation will take effect 30 days after we provide notice. If you do not agree to any variation, you may terminate this Agreement in accordance with clause 30.1.

19.7         To the maximum extent permitted by law, there will be no refunds or credits for any unused Services (or part thereof).

19.8         You agree that we may set-off or deduct from any monies payable to you under this Agreement, any amounts which are payable by you to us (whether under this Agreement or otherwise).

 

20. Warranties

20.1         We agree that we are properly constituted and have the right and authority to enter into this Agreement;

(a)             that we will use reasonable efforts to ensure all of our obligations under this Agreement will be carried out by suitably competent and trained Personnel and in an efficient and professional manner;

(b)            that we have legal authority to grant you the SaaS Licence;

(c)             that all pre-existing Intellectual Property Rights in the Services (with the exception of the property rights in any Third-Party Inputs) will be owned, held or licensed by us;

(d)            that the provision of the Services does not and will not infringe any other person’s Intellectual Property Rights; and

(e)             that the Services will operate and be provided in accordance with this Agreement.

20.2         You represent, warrant and agree that:

(a) you will provide us with any information that we require in order to provide the Services to you (for example, information that we need to set up the Accounts;

(b) there are no legal restrictions preventing you from entering into this Agreement;

(c) all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;

(d) you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement;

(e) you are not and have not been the subject of an Insolvency Event;

(f) if applicable, you hold a valid ABN which has been advised to us; and

(g) if applicable, you are registered for GST purposes.

 

21. Intellectual Property

Our Intellectual Property Rights

21.1         As between the Parties, you acknowledge and agree that we own all Intellectual Property Rights in:

(a) Our Materials;

(b) New Materials or Improvements; and

(c) any Feedback,

and as between the Parties, these Intellectual Property Rights will at all times vest, or remain vested, in us, and nothing in this Agreement constitutes an assignment or transfer of such Intellectual Property Rights. To the extent that ownership of these Intellectual Property Rights does not automatically vest in us, you agree to do all acts necessary or desirable to assure our title to such rights.

21.2         In the use of any Intellectual Property Rights in connection with this Agreement, you agree that you must not (and you must ensure that your Personnel and your Authorised Users do not) commit any Intellectual Property Breach. Where you reasonably suspect that such a breach may have occurred, you must notify us immediately.

21.3         You also agree that:

(a)             we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback;

(b)            you must not whether directly or indirectly, without our prior written consent:

(1) copy, modify, adapt, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble or decompile any part of the Services or otherwise attempt to discover any part of the source code of the SaaS Solution;

(2) use any unauthorised, modified version of the Services, including (without limitation) for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the SaaS Solution;

(3) unless authorised under this Agreement, use the Services in a web-enabled form for the purposes of third-party analysis or view via the internet or other external network access method;

(4) rent or sublicence the use of the Services to any third parties, without our prior written consent or as otherwise permitted under this Agreement;

(5) take any action that may compromise or jeopardise our Intellectual Property Rights in the Services or otherwise;

(6)remove or deface any confidentiality, copyright or other proprietary notice placed on the Services; or

(7) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing.

Your Intellectual Property Rights

21.4         As between the Parties, you will continue to own all Intellectual Property Rights in Your Materials.

21.5         You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, to use Your Materials, solely for the purposes for which they were developed and for the performance of our obligations under this Agreement, and as otherwise contemplated by this Agreement.

21.6         If you or any of your Personnel have any Moral Rights in any material provided, used or prepared in connection with this Agreement, you agree to (and agree to ensure that your Personnel) consent to our use or infringement of those Moral Rights.

Your Data

21.7         As between the Parties:

(a)             Your Data is and will remain your property; and

(b)            you retain any and all rights, title and interest in and to Your Data, including all copies, modifications, extensions and derivative works.

21.8         You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data during the Term (and for a reasonable period after the Term), to:

(a)             supply the Services to you and your Authorised Users (including to enable you and your Personnel to access and use the Services), and otherwise perform our obligations under this Agreement;

(b)            diagnose problems with the Services;

(c)             enhance and otherwise modify the Services;

(d)            perform Analytics;

(e)             develop other services, provided we de-identify Your Data; and

(f)              as reasonably required to perform our obligations under this Agreement.

21.9         You grant us a non-exclusive, sub-licensable, irrevocable, worldwide right and licence to copy, transmit, store, and share the location, Tariffs, and live status (i.e. if the EV Charging Station is in use) of a Public EV Charging Station with any third party.

21.10      You acknowledge and agree that:

(a)             unless otherwise agreed between the Parties, we are not responsible for the integrity or existence of any data on the EV Charging Station, network or any device controlled by you, your Authorised Users or your Personnel; and

(b)            we assume no responsibility or Liability for Your Data. You are solely responsible for Your Data and the consequences of using, disclosing, storing or transmitting it. It is your responsibility to backup Your Data.

21.11      You represent, warrant, acknowledge and agree that:

(a)             you have obtained all necessary rights, releases and permissions to provide or have Your Data provided to us and to grant the rights granted to us in this Agreement;

(b)            Your Data (and its transfer to and/or use, collection, storage or disclosure by us as contemplated by this Agreement) does not and will not violate any Laws (including those relating to export control and electronic communications) or the rights of any third party, including any Intellectual Property Rights, rights of privacy, or rights of publicity; and

(c)             the operation of the Services is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Services.

21.12      This clause 21 will survive termination or expiry of this Agreement.

 

22. Analytics

22.1         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 Services, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it:

(a)             does not contain any identifying information; and

(b)            is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

22.2         We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all Intellectual Property Rights in the foregoing.

22.3         We may use and disclose to our service providers anonymous data about your access and use of the SaaS Solution for the purpose of helping us improve the SaaS Solution. Any such disclosure will not include details of your, or any Authorised User’s, identity or personal information.

 

23. Confidential Information

23.1         Each Receiving Party agrees:

(a) not to disclose the Confidential Information of the Disclosing Party to any third party;

(b) to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and

(c) to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.

23.2         The obligations in clause 23.1 do not apply to Confidential Information that:

(a) is required to be disclosed in order for the Parties to comply with their obligations under this Agreement;

(b) is authorised to be disclosed by the Disclosing Party;

(c) is in the public domain and/or is no longer confidential, except as a result of a breach of this Agreement; or

(d) must be disclosed by Law or by a regulatory authority, including under subpoena.

23.3         Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 23.  A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 23.

23.4         This clause 23 will survive the termination of this Agreement.

 

24. Privacy

24.1         For the purposes of this clause, Personal Information and Sensitive Information have the meanings given in the Privacy Act 1988 (Cth), and also include any similar terms as defined in any other privacy law applicable to you.

24.2         You must, and must ensure that your Personnel and your Authorised Users, at all times comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any privacy or anti-spam Laws applicable to you in respect of all Personal Information collected, used, stored or otherwise dealt with under or in connection with this Agreement (Privacy Laws).

24.3         Without limiting this clause 24, you must ensure that:

(a)             you have collected, used, stored and otherwise dealt with Your Data in accordance with all Privacy Laws;

(b)            where you have connected the SaaS Solution to an EV Charging Station (including in your Personnel’s home or other residence), which will collect an individual’s Personal Information, that you have permission to collect, store, and share this Personal Information; and

(c)             we are capable of collecting, using, storing and otherwise dealing with Your Data, in the manner contemplated by this Agreement, without infringing any third party rights or violating any Privacy Laws.

24.4         Without limiting this clause 24, you agree to only disclose Your Data, to the extent it contains Personal Information if:

(a)             you are authorised by Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by this Agreement;

(b)            you have informed the individual to whom the Personal Information relates, that it might be necessary to disclose the Personal Information to third parties; and

(c)             where any Personal Information is Sensitive Information, you have obtained the specific consent to that disclosure from the individual to whom the Sensitive Information relates.

24.5         We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under this Agreement, and in accordance with any applicable Laws and our Privacy Policy.

 

25. Australian Consumer Law

25.1         Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

25.2         If the ACL applies to you as a consumer, nothing in this Agreement excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.

25.3         Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.

25.4         This clause 25 will survive the termination or expiry of this Agreement.

 

26. Carbon Abatement

26.1 If you have ‘opted-in’ to our Carbon Abatement Program, this clause 26 will apply to you.

26.2 Any emissions reductions, Carbon Credits and other carbon abatement rights or activities whatsoever which are generated by the use of our Services and your EV Charging Station, are hereby assigned to and vested in us (or persons nominated by us).

26.3 You agree that we (or persons nominated by us) will be the sole owner of such emissions reductions, Carbon Credits and related rights and the project proponent under any relevant Carbon Credit Scheme, and that we may utilise them as we see fit, including in connection with any Carbon Credit Scheme or by assignment or sale to any third party. You agree to take any action reasonably necessary to effect the assignment or to provide for the creation and vesting of Carbon Credits, emission reductions or related rights to us (or persons nominated by us), including providing reasonable access to the Products where necessary in connection with any Carbon Credit Scheme, and not to take any action that would create a third party interest, ownership, encumbrance or other restriction in respect of such Carbon Credits, emission reductions or related rights.

26.4 For the purposes of this clause 26:

• “Carbon Credit” means any right, interest, unit, credit entitlement, benefit or allowance to emit (at present or in the future) greenhouse gas (GHG) or carbon emissions under any Carbon Credit Scheme; and
• “Carbon Credit Scheme” means any voluntary, regulatory or legal regime, scheme or arrangement arising from or in connection with any removal, limitation, reduction, avoidance, abatement, offset, sequestration or mitigation or conservation of carbon dioxide or GHG emissions or equivalence from the atmosphere, including the creation, transfer, renewal, replacement or variation of any associated Carbon Credits.

 

27. Promotions, Loyalty and Rewards Programs

27.1 We reserve the right to introduce, modify, suspend or terminate promotions, loyalty programs, rewards programs, incentive schemes and similar customer benefits at our absolute discretion.

27.2 You acknowledge that we may provide vouchers, promotional codes or discounts to EV Charging Station Users which may reduce the Tariff revenue collected from charging sessions at your EV Charging Station. We will not be liable to you for any reduction in Net Tariff Revenue resulting from our promotional activities.

27.3 Driver vouchers and promotional codes issued to EV Charging Station Users are subject to separate terms and conditions between us and the EV Charging Station Users, including our Driver Voucher Terms and Conditions.

 

28. Exclusions to liability

28.1         To the maximum extent permitted by law, 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 SaaS Solution as a result of any Scheduled or Emergency Maintenance;

(b) your Computing Environment and the EV Charging Stations;

(c) your, your Authorised Users, or your Personnel’s acts or omissions;

(d) an EV Charging Station User’s acts or omissions,

(e) any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement;

(f) any works, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us;

(g) any Third Party Inputs; and/or

(h) any event outside of our reasonable control (including a Force Majeure Event, and a fault, defect, error or omission in the Computing Environment or Your Data).

28.2         This clause 28will survive the termination or expiry of this Agreement.

 

29. Limitations on liability

29.1         Despite anything to the contrary, to the maximum extent permitted by law:

(a) neither Party will be liable for Consequential Loss;

(b) a Party’s liability for any Liability under this Agreement 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 its Personnel), including any failure by the other Party to mitigate its loss; and

(c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

29.2         This clause 29 will survive the termination or expiry of this Agreement.

 

30. Termination

30.1         Either Party may terminate this Agreement at any time by providing 30 days’ written notice to the other Party, without penalty or liability (other than for obligations already accrued).

30.2         This Agreement will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of this Agreement 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.

30.3         Upon expiry or termination of this Agreement:

(a) we will immediately cease providing the Services;

(b) we will be entitled to anonymise or permanently delete all Your Data within 1 month from expiry or termination of this Agreement;

(c) without limiting your Consumer Law Rights, you agree that any payments made by you to us are not refundable to you;

(d) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under this Agreement; and

(e) upon request by us, you agree to promptly return (where possible), or delete or destroy (where not possible to return), any information, documentation or Intellectual Property owned by us that is in your possession or control, subject to clause 21.

30.4         We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to this Agreement constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of this Agreement.

30.5         Where this Agreement is terminated by us pursuant to clause 30.2 you agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination.

30.6         Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.

30.7         This clause 30 will survive the termination or expiry of this Agreement.

 

31. GST

31.1         If GST is payable on any supply made under this Agreement, the recipient of the supply must pay an amount equal to the GST payable on the supply.  That amount must be paid at the same time that the consideration is to be provided under this Agreement and must be paid in addition to the consideration expressed elsewhere in this Agreement, unless it is expressed to be inclusive of GST. The recipient is not required to pay any GST until the supplier issues a tax invoice for the supply.

31.2         If an adjustment event arises in respect of any supply made under this Agreement, a corresponding adjustment must be made between the supplier and the recipient in respect of any amount paid by the recipient under this clause, an adjustment note issued if required, and any payments to give effect to the adjustment must be made.

31.3         If the recipient is required under this Agreement to pay for or reimburse an expense or outgoing of the supplier, or is required to make a payment under an indemnity in respect of an expense or outgoing of the supplier, the amount to be paid by the recipient is to be reduced by the amount of any input tax credit in respect of that expense or outgoing that the supplier is entitled to.

31.4         The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “recipient”, “supplier”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

31.5         Where a value-added tax in your own country is applicable, the Fees will be exclusive of such value-added tax. You are responsible for all other taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for the payment of them. We have no responsibility to them on your behalf.

 

32. General

32.1         Assignment: Subject to clause 32.2, a Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

32.2         Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.

32.3         Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument.

32.4         Disputes: You agree to notify us should you have concerns relating to our performance of the Services. A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek 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.

32.5         Entire agreement: Subject to your Consumer Law Rights, this Agreement 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 this Agreement, and this Agreement supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

32.6         Force Majeure: A Party will not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement.

32.7         Further assurance: Each Party must  promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.

32.8         Governing law: This Agreement 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 and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

32.9         Illegal Requests: We reserve the right to refuse any request for or in relation to any Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with this Agreement.

32.10      Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. 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.

32.11      Online execution: This Agreement may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.

32.12      Publicity: You agree that we may advertise or publicise the broad nature of our provision of the Services to you, including on our website or in our promotional material.

32.13      Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

32.14      Severance: If a provision of this Agreement 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 this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

 

33. Definitions

In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:

Account means an account accessible to you and/or your Authorised Users to use the Services, including, the SaaS Solution.

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Additional Services means any Services not set out in the Services description in the Schedule which we agree to provide to you.

Agreement means these terms and conditions and any documents attached to, or referred to in, each of them.

Authorised User, if applicable, means a user permitted to access and use the Services under your Account, as further particularised in the Schedule.

Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.

Computing Environment means your computing environment including all hardware, software, information technology and telecommunications services and Systems.

Confidential Information includes information which:

(a) is disclosed to the Receiving Party in connection with this Agreement at any time;

(b) is prepared or produced under or in connection with this Agreement at any time;

(c) relates to the Disclosing Party’s business, assets or affairs; or

(d) relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

Consequential Loss includes any consequential loss, indirect loss, 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, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. The Parties acknowledge and agree that your obligation to pay us the Fees under this Agreement will not constitute “Consequential Loss” for the purposes of this definition.

Consumer Law Rights has the meaning given in clause 25.1.

Disclosing Party means the party disclosing Confidential Information to the Receiving Party.

EV Charging Station means the electric vehicle charging station that is owned and/or operated by you or your Personnel, and which is connected to the SaaS Solution, including the home electric vehicle charging station of your Personnel.

EV Charging Station User means an individual who uses the EV Charging Station to charge their electric vehicle.Exploren Application means our application which can be used by EV Charging Station Users to give access to the EV Charging Station.

Feedback means any idea, suggestion, recommendation or request by you or any of your Personnel and your Authorised Users, your customers, whether made verbally, in writing, directly or indirectly, in connection with the Services.

Fees means the price set out in the Schedule, as adjusted in accordance with this Agreement.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Harmful Code means any computer program or virus or other code that is harmful, destructive, disabling or which assists in or enables theft, alternation, denial of service, unauthorised access to or disclosure, destruction or corruption of information or data.

Improvements means any development, modification, adaptation or improvement of Our Materials or any New Materials made by or on behalf of either Party (or any of their respective Personnel), or in respect of which Intellectual Property Rights are acquired by, either Party during the Term.

Insolvency Event means any of the following events or any analogous event:

(a) a Party disposes of the whole or any part of the Party’s assets, operations or business other than in the ordinary course of business;

(b) a Party ceases, or threatens to cease, carrying on business;

(c) a Party is unable to pay the Party’s debts as the debts fall due;

(d) any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Party’s assets, operations or business;

(e) any step is taken for a party to enter into any arrangement or compromise with, or assignment for the benefit of, a Party’s creditors or any class of a Party’s creditors; or

(f) any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or any part of a Party’s assets, operations or business.

Intellectual Property means any copyright, registered or unregistered designs, patents or trade mark rights, domain names, know-how, inventions, processes, trade secrets or Confidential Information; or 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.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third-party rights, including any Intellectual Property Rights of third parties), including using or exploiting our Intellectual Property for purposes other than as expressly stated in this Agreement (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with this Agreement or the provision of the Services.

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 this Agreement or otherwise.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

New Materials means all Intellectual Property developed, adapted, modified or created by either Party or their respective Personnel in the provision of the Services, but excludes Our Materials and Your Materials.

Our Materials means all work, models, processes, technologies, strategies, materials, information, documentation, and services that we may provide to you under this Agreement, and which may contain material which is owned by or licensed to us, and is protected by Australian and international laws, including the SaaS Solution.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Premises means any premises the subject of the Services.

Privacy Laws has the meaning given in clause 24.2

Privacy Policy means any privacy policy set out at https://exploren.com.au/

Public EV Charging Station means the electric vehicle charging station that is owned and/or operated by you or your Personnel, and which:

(a) is connected to the SaaS Solution; and

(b) you have nominated as ‘public’ on the SaaS Solution.

Receiving Party means the party receiving Confidential Information from the Disclosing Party.

RFID Card means a card that you purchase from us, which is configured to give a EV Charging Station User access to an EV Charging Station.

Schedule means the schedule to this Agreement.

Services means the services that we agree to perform under this Agreement, as further particularised in the Schedule.

SIM Card means the smart card we provide to you which connects your EV Charging Station to the SIM Services.

System means all hardware, software, networks, telecommunications and other IT systems used by a Party from time to time, including a network, including in the case of you, your EV Charging Stations.

Tariff means any fee that you charge an EV Charging Station User for use of the EV Charging Station.

Tariff Report means a report available to you on the SaaS Solution setting out the Tariffs earned by you and collected by us during the reporting period.

Third Party Inputs means third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Services may be contingent on, or impacted by.

Your Data means the information, materials, logos, documents, qualifications and other Intellectual Property or data inputted by you, your Personnel and your Authorised Users into the SaaS Solution or stored by or generated by your use of the SaaS Solution, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with this Agreement. Your Data does not include the Analytics, or any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.

Your Materials means all work, models, processes, technologies, strategies, materials, information, documentation and services (including Intellectual Property), owned or licensed by you or your Personnel before the Commencement Date and/or developed by or on behalf of you or your Personnel independently of this Agreement.

 

34.            Interpretation

In this Agreement, unless the context otherwise requires:

(a)             a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b)            a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c)             a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

(d)            no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

(e)             a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

(f)              a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(g)             words like including and for example are not words of limitation;

(h)            a reference to time is to local time in New South Wales; and

(i)              a reference to $ or dollars refers to the currency of Australia from time to time.

access or use the SaaS Solution except as permitted by the SaaS Licence, or other than through the interface that is provided by us;access or use the SaaS Solution in any way that is improper or breaches any Laws, infringes any person’s rights (including Intellectual Property Rights and privacy rights), or gives rise to any civil or criminal liability;interfere with or interrupt the supply of the SaaS Solution or our System, or any other person’s access to or use of the SaaS Solutionintroduce any Harmful Code into the SaaS Solution or our System;7. Availability

Voucher Terms and Conditions

 

OUR DISCLOSURES Please read these terms and conditions carefully. We draw your attention to: 

• clause 4 which covers the expiration of Driver Vouchers;  

• clause 17 which sets out warranty exclusions, subject to your Consumer Law Rights; and 

• clause 18 which sets out our liability under these Terms; 

 

TERMS AND CONDITIONS 

• By purchasing or redeeming a Driver Voucher issued by EVE Australia Pty Ltd t/as Exploren ACN 614 095 644 (we, us or our), you agree to be bound and to comply with these terms and conditions (Terms). 

 

RECEIVING A DRIVER VOUCHER  

• We offer vouchers that may be redeemed for EV charging services through our network via the Exploren App (Driver Voucher). 

• You have received this Driver Voucher from a third party supplier or business. When you receive a Driver Voucher, details of the voucher including a unique code will be provided to you. The unique code on a Driver Voucher should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if a third party uses your Driver Voucher unique code. 

• Our Driver Vouchers expire 1 year from the date of issue. It is your responsibility to keep track of the expiration date. We will not send you any reminders of when your Driver Voucher will expire. Any unused credit will expire on the expiration date, and cannot be redeemed after this date. 

 

REDEEMING YOUR DRIVER VOUCHER 

• To redeem your Driver Voucher, you must: 

• download and create an account on the Exploren App (App) (available for download on Apple Store and Google Play); 

• add a valid credit/debit card to your account; and  

• enter the unique Driver Voucher code to apply the credit balance. 

• If the amount of your Driver Voucher does not cover the total cost of your EV charging session, you will need to pay the remainder of the purchase with your registered credit/debit card or another payment method.  

• Your Driver Voucher can be used in conjunction with other promotional offers, subject to the terms of those offers as set out separately in the App.  

• Driver Vouchers cannot be used to pay idle fees or any other penalty charges that you may incur while using our EV charging services 

• Driver Vouchers are not redeemable for cash and cannot be returned for a cash refund or exchanged. This clause does not seek to limit your Consumer Law Rights. Driver Vouchers cannot be used to purchase additional Driver Vouchers. 

• Any unused balance will remain as credit on the Driver Voucher and is not transferable for a cash payment. Additional values cannot be added to existing Driver Vouchers.  

• Driver Vouchers can only be redeemed at participating sites within our EV charging network, as determined at our discretion. Participating sites will be clearly identified in the App.  

• If a charging session paid for using a Driver Voucher is cancelled or returned, the portion of the payment attributable to the Driver Voucher will be refunded as credit to use on our App only. 

• Driver Vouchers are for personal use only and must not be resold, transferred to third parties for commercial purposes, or used for any commercial resale activities. Any attempt to resell Driver Vouchers may result in the voucher being cancelled without refund. 

 

LIABILITY  

• You are responsible for use and safety of your Driver Voucher and are liable for all transactions made using your Driver Voucher. 

• You must not use a Driver Voucher in any manner that states or implies that any person, website, business or product or service is endorsed or sponsored by or otherwise affiliated with us or any of our subsidiaries or affiliates. 

• Your use of the Driver Voucher may be declined where there is fraud, deception or reasonable suspicion of illegal activities in connection with your use. 

• Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or other applicable consumer protection legislation (Consumer Law Rights). Subject to your Consumer Law Rights, we exclude all express and implied warranties and provide all services (including Driver Vouchers and EV charging services) without warranties of any kind. 

• Despite anything to the contrary, to the maximum extent permitted by law: 

• neither party will be liable for Consequential Loss; 

• 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 

• our aggregate liability for any liability arising from or in connection with these Terms will be limited to $50.  

• For the purposes of these Terms, Consequential Loss means any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, and includes 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. 

• • We will provide all customer support for issues relating to your Driver Voucher. For support requests relating to your Driver Voucher, contact us directly through the App, by phone on 1300 755 087 or via email at help@exploren.com.au. Our support services for Driver Vouchers will be available between 9:00am – 5:30pm AEST Monday – Friday. We will endeavour to respond to any support requests in a reasonable period.