• Our Disclosures

• Introduction
  • 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.
  • We provide a cloud-based application where you can search for an available electric vehicle charging station (EV Charge Point) which is registered by the EV Charge Point owner with us, pay for the use of the EV Charge Point, and/or connect your own eligible at-home electric vehicle charging station to obtain valuable insights and data (Platform).
  • In these Terms, you means the person or entity registered with us as an Account holder, or where you do not have an Account and are just browsing on the Platform, the person or entity who has downloaded, and who is using the Platform.
• Acceptance and Platform Licence
  • You accept these Terms by accepting these Terms on the Platform.
  • You must be at least 16 years old to use the Platform.
  • 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 Account with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Account, (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.
  • If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
  • We may use a mapping API to assist with the functioning of the Platform, including Google Maps APIs. Your use of third party APIs may be subject to their terms of use.
  • Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
  • When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
• 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;
• using the Platform to defame, harass, threaten, menace or offend any person;
• tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
• using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
• facilitating or assisting a third party to do any of the above acts.
• Exploren Services
  • We agree to provide you with access to the Platform and any other services we agree to provide as set out in your Account.
  • It is free to sign up to the Platform and browse the Platform.
  • 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.
  • 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 on 1300 755 087 or via email at hello@exploren.com.au. We will endeavour to respond to any support requests in a reasonable period.
  • 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, the EV Charge Points, and your operating system and 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.
  • 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.
  • 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.
• Accounts
  • You may register on the Platform and create an account (Account) to use the Platform. You will need to create an Account to use the Platform’s features, such as to use a paid EV Charge Point.
  • You must provide basic information when registering for an Account including your email address, and you must choose a password.
  • All personal information you provide to us will be treated in accordance with our Privacy Policy.
  • 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.
  • 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.
• Registering an RFID Card or Vehicle
  • You may connect to the Platform using an RFID card issued by us, or using an eligible electric vehicle.
  • When registering for the Platform, you will be asked to input the relevant RFID card or electric vehicle details to connect to the Platform.
  • Upon arrival at an EV Charge Point, you will then be able to use your RFID card/ connect your electric vehicle to begin charging.
  • You will still need to use the Platform to view the Charging Fees for each EV Charge Point, or to use other features of the Platform such as the reservation tool, and to pay for the Charging Fees.
• Reserving an EV Charge Point
  • It is not mandatory to reserve an EV Charge Point, however you may choose to reserve an EV Charge Point.
  • Upon logging into the Platform, you may search for available EV Charge Points. If the EV Charge Point you have selected has been enabled by the EV Charge Point owner to allow for reservation, a ‘reserve’ button will appear.
  • Upon reserving the EV Charge Point, you should take note of the EV Charge Point station identification number. This will allow you to identify the EV Charge Point you have reserved on arrival to the EV Charge Point location.
  • Your chosen EV Charge Point will be reserved for you for 60 minutes from the time you confirmed your reservation on the Platform, and no other vehicle will be able to use the EV Charge Point during this time. You must begin charging your vehicle at the EV Charge Point within the 60-minute reservation timeframe.
  • If you do not begin charging your vehicle at the reserved EV Charge Point within the 60-minute reservation timeframe, your reservation will be forfeited, and the EV Charge Point will be available for use to any other member of the Platform.
• Using an EV Charge Point
  • You may use the Platform to search for EV Charge Points near you, and view the current fees charged by the EV Charge Point owner for the use of the EV Charge Point by you (Charging Fees).
  • EV Charge Points will be available on a first come, first serve basis. We are not responsible to you for any inability for you to use an EV Charge Point for any reason, including where it is already being used, has already been booked, or the EV Charge Point is out of service.
  • When you arrive at an EV Charge Point, you can use the Platform to start the charging process and begin using the EV Charger, using the instructions set out on the Platform. You may also use the Platform to pay for the Charging Fees, as set out in the Charging Fees clause below.
• Charging Fees and Charging Credits

Charging Fees

• You acknowledge and agree that we do not own or operate the EV Charge Points, and the EV Charge Points are owned and operated by independent owners, including councils and businesses. Our Platform allows the EV Charge Point owner to connect their EV Charge Point to our Platform, to make it easier for you to search for, use, and pay for the use of the EV Charge Point. All Charging Fees are set by the EV Charge Point owner.
• You should note the Charging Fees set out on the Platform which correspond to your chosen EV Charge Point. The Charging Fees imposed by the EV Charge Point owner may differ based on time of day, day of the week, or energy usage.
• The owner of the EV Charge Point may change the Charging Fees at any time.
• You must add a payment method to the Platform to pay for the Charging Fees, before you can begin using a paid EV Charge Point, or otherwise have Charging Credits available in your Account. The payment methods we offer for the Charging Fees are set out on the Platform.
• Before you begin charging using the EV Charge Point, an amount will be pre-authorised by Stripe on our behalf, from your nominated payment method (Pre-Authorisation Amount). The Pre-Authorisation Amount will be held until your charging session is finished.
• You authorise us to automatically debit the Charging Fees for your use of the EV Charge Point from the payment method you have set up on the Platform, as soon as practicable after your use of the EV Charge Point. If the Charging Fees are less than the Pre-Authorisation Amount, you will be issued a refund for the Pre-Authorisation Amount less the Charging Fees. If the Charging Fees are more than the Pre-Authorisation Amount, you will be charged the difference to your nominated payment method.
• You agree to ensure that you have sufficient funds on your nominated payment method to cover the Charging Fees.
• The Charging Fees are collected from you by us in our role as a payment agent only. We will forward the Charging Fees paid by you to the EV Charge Point owner, therefore the Charging Fees will not be retained by us. However, EVE Australia Pty Ltd t/as Exploren will show up on your statements for any payments made through the Platform.
• You must not pay, or attempt to pay, the Charging 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.
• 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.
• We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
• The Charging Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.

Adding Charging Credits to your Account

• You may choose to load onto your Account credits for Charging Fees (Charging Credits). If you choose this option, you will be asked to nominate an amount to upload into your Account, and your nominated payment method will be charged this amount immediately.
• You may use the Charging Credits in your Account to pay for any Charging Fees you incur. The Charging Fees you incur will be deducted from your Charging Credits.

• Customer support when using the Platform
  • We will use our best endeavours to assist you when utilising the Platform.
  • To get support for the use of the Platform, or for any difficulties with using an EV Charge Point, you may contact us on 1300 755 087 or via email at hello@exploren.com.au. We will do our best to assist with your enquiry. Our support services for the Platform will be available between 9-5:30pm AEST Monday – Friday.
  • Please contact us where you have any concerns or queries regarding any Charging Fees that you have been invoiced. We will work together with the relevant EV Charge Point owner to resolve any complaints.
• Our Intellectual Property
  • 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) will at all times vest, or remain vested, in us.
  • 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 you may not use Our Intellectual Property for any commercial purpose.
  • You must not, without our prior written consent:
• copy, in whole or in part, any of Our Intellectual Property;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
• 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.
  • 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:
• you do not assert that you are the owner of Our Intellectual Property;
• unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
• you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
• you comply with all other terms of these Terms.
  • This clause will survive the termination or expiry of your Account with us.
• Your Data
  • You own all data, information or content you upload into the Platform, excluding data relating to your use of the EV Charge Points (Your Data).
  • You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data to:
• communicate with you (including to send you information we believe may be of interest to you);
• supply the Platform to you and otherwise perform our obligations under these Terms;
• diagnose problems with the Platform;
• enhance and otherwise modify the Platform;
• perform Analytics;
• develop other services, provided we de-identify Your Data; and
• as reasonably required to perform our obligations under these Terms.
  • 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:
• 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
• 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.
  • 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 any business purposes, including sharing with third parties, provided that the Analytics do not contain any identifying information.
  • We do not endorse or approve, and are not responsible for, any of Your Data.
  • This clause will survive the termination or expiry of your Account.
• Warranties
  • You represent, warrant and agree that:
• you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
• there are no legal restrictions preventing you from entering into these Terms; and
• all information and documentation that you provide to us in connection with these Terms is true, correct and complete.
• Australian Consumer Law
  • 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).
  • 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.
  • 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.
  • This clause will survive the termination or expiry of your Account.
• Liability
  • 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 the higher of any unclaimed Charging Credits in your Account and $100.
  • This clause will survive the termination or expiry of your Account.
• Termination
  • Cancellation of Accounts: You may request to cancel your Account at any time via the ‘cancel my membership’ feature in your Account. Your cancellation will take effect
  • A Membership will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
• 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
• the Defaulting Party is unable to pay its debts as they fall due.
  • 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.
  • Upon expiry or termination of your Membership:
• we will remove your access to the Platform, and your Account will be deleted; and
• 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.
  • Termination of an Account will not affect any rights or liabilities that a Party has accrued under these Terms.
  • This clause will survive the termination or expiry of your Account.
• Notice Regarding Apple
  • To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
  • Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
  • If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
  • Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
  • Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
  • You agree to comply with any applicable third-party terms when using our mobile application.
  • Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
  • You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
• General
  • 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).
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
• Definitions
  • 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”.
  • Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
  • 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.
  • 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: 10 January 2023

© LegalVision ILP Pty Ltd