End User Licence Agreement

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This Agreement is entered into between enevi Pty Limited (enevi) ABN 69 668 430 797 and You. By accessing the enevi Application(s), you agree to these Terms and Conditions, which include enevi’s Privacy Policy. You should review the Privacy Policy and this Agreement carefully and immediately refrain from accessing or using the enevi Application(s) if you do not agree to these Terms.

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DEFINITIONS

enevi Application(s) - means enevi’s OCPP Charge Points, website, mobile application or any application where enevi’s core activities are interacted with, by you.

User - means any employees, agents, contractors or any other representatives of the Customer, who has been provided with access to the enevi Application(s)

Your Company - means your employer, agent or head contractor, or affiliated organisation

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REGISTRATION

As an End User (User), you have either registered to use the enevi Applications, or our Customer (your Company) who you have authorised, has provided your details to enevi.

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Upon activation, your personal information of name and email address will be supplied to enevi. You must ensure that this information is accurate and current. enevi will handle all personal information collected in accordance with enevi’s Privacy Policy.

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enevi provides you with a User Identification and password, and/or a registration card. You are responsible for keeping these details secure and are responsible for all use and activity carried out under this User Identification. Your User Identification is non-transferable and cannot be shared within your Company.

 

NON-REGISTRATION

There may be instances where we will allow Users to access the enevi Applications without registration. In this instance we may collect personal information such as the information you access through the enevi Application(s), and payment information.

 

YOUR RESPONSIBILITES AND OBLIGATIONS

As a User, you agree that:

• You will not display, disclose, sell, resell, transfer, licence, or distribute all or any portion of the enevi Applications to any third party.

• You will never attempt to alter, interfere, disrupt or reverse engineer any function available in the enevi Applications.

• Where the enevi Applications is web based, you must maintain your own contractual arrangements with an Internet provider and/or mobile phone provider. enevi will not be responsible for any loss that may result from your use of the Internet through your provider.

• All data uploaded into the enevi Applications complies with all applicable laws, regulations and codes of conduct. If enevi believes unacceptable content has been uploaded, a request will be made to remove the content. If the content is not removed within the advised timeframe, enevi reserves the right to disable access. enevi will not be liable for any loss incurred by the Customer as a result of your access being disabled.

 

SUPPORT

enevi offers email support during normal business hours at support@enevi.com.au enevi will use its best commercial endeavours to respond to queries.

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INTELLECTUAL PROPERTY

All Intellectual Property, past, present and future, remains the sole property of enevi. Any Intellectual Property arising from any recommendations, suggestions or customised features requested are owned by enevi.

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Intellectual Property includes inventions, improvements, functions, trademarks, designs, copyright, enevi Applications, enevi website, enevi documentations, policies and Agreements.

 

APPLICATION UPDATES

enevi may provide updates (including to correct faults, errors or ‘bugs’) to the enevi Applications. Where such an update is provided:

• it will be made available by enevi, as scheduled by enevi

• by continuing to access enevi’s Applications, you agree to accept such updates, and

• this Agreement will continue to apply.

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enevi may release updates which require you to download the new version of the Application. If you do not agree to do so, you may not have access to enevi’s Applications.

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enevi is under no obligation to make any updates to (or any new versions of) the enevi Applications, to correct and fix faults, errors or ‘bugs’ or to support or maintain the enevi Applications, whether through providing support, training, error-corrections, modifications, updates new releases or enhancements or otherwise.

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enevi will create applications for a limited range of browsers and mobile phones: you must be using a enevi compliant browser and device. enevi will endeavour to stay up to date with modern browsers and devices, however is under no obligation to do so.

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enevi collects your location data when using the enevi mobile app, for the purposes of providing electronic vehicle charging location data. This occurs when:

• You are interacting with the enevi mobile app and the app is foregrounded and visible

• Up to five minutes after accessing the map, even if the application is in the background of your mobile device.

Note: enevi does not monitor your location in the background, only to provide location data for the map feature.

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Read enevi’s Privacy Policy for information about how enevi collects location data from Users.

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You may turn off some location collection through your device settings, however some features may not be available as a result.

 

APPLICATION AVAILABLITY

enevi will use its best commercial endeavours to make available the enevi Applications during business hours. However, availability of the enevi Applications is on an ‘as available’ basis. enevi does not represent or warrant that the enevi Applications will be continuously available at any particular time. enevi will not be liable if the enevi Applications are unavailable for any period.

 

LIABILITY

To the maximum extent permitted by law, and notwithstanding any other provision of this Agreement, the total aggregate liability of enevi in connection with the enevi Applications (whether arising under this Agreement or otherwise) will not exceed A$150.

enevi will have no liability to you for any loss or damage that you may suffer or incur from accessing or using the enevi Applications.

 

INDEMNITY BY YOU

You indemnify enevi against all losses, costs, expenses (including legal expenses), demands or liability, incurred or suffered by you or enevi (or the Customer’s Users) arising from or in connection with:

• Your negligent act or omission, or

• any failure by you to comply with these terms and conditions.

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ELECTRONIC PAYMENTS

You may be required to pay for some features or functionalities through enevi’s Applications. We use a third party service provider to process your payments. By using our software, you agree to comply with the terms and conditions of the third party service provider and acknowledge that we are not liable for any errors, delays, or failures in their services. You also agree that we are not responsible for resolving any disputes or claims that may arise between you and the third party service provider.

 

Electronic payment details including credit card information is not captured or stored by enevi. The transaction is between you and the third party service provider.

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We reserve the right to change fees or payment methods at any time. Your use of the Applications at time of transaction is your acceptance of the new fees or payment methods.

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TERMINATION

• You may cease to use the enevi Applications at any time without notice to enevi

• We may modify, restrict, terminate or suspend your access to the enevi Applications at enevi’s discretion and at any time and for any period

• On termination of this Agreement by enevi, you must immediately cease using the enevi Applications.

 

PRIVACY AND CONFIDENTIAL INFORMATION

At time of registration, enevi collects your name and email address as a unique identifier and for purposes otherwise set out in enevi’s Privacy Policy 

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enevi may disclose that information to third parties that help deliver the enevi Applications (including information technology suppliers, communication suppliers and business partners) or as required by law. If you do not provide this information, enevi may not be able to provide some products and services to you.

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Full details of how enevi collects, stores and uses, and how you may access your personal information is outlined in enevi’s Privacy Policy

 

GOVERNING LAW

The law in force in New South Wales governs these terms and conditions and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

 

FORCE MAJEURE

In the event which is beyond the control of either enevi or you, neither party will be liable for any delay or failure to perform any obligation under this Agreement. This includes, but is not limited to, natural disaster, industrial action, lockout, riot, war, diminishment of power or telecommunications or data networks or services, or refusal of license by a government agency.

 

TERMS OF USE

We reserve the right to amend this Agreement at any time. Any amendments shall be effective immediately upon notification through the enevi Applications.

 

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Last updated: September 2023

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