(Chargefox customers)
These terms and conditions ("Terms") apply to the provision of NRMA EV (Electric Vehicle) Network Charging services to any individual user of any EV Charger operated by the NRMA Electric Highways Pty Ltd (ABN 35 659 311 163) ("NRMA", "we", "our" or "us" in these Terms). The Dictionary in paragraph 20 of this document sets out the meaning of capitalised terms used in these Terms.
1. Application of these Terms
1.1 It is a condition of us providing the Services that you accept these Terms. These Terms and your acceptance of them form the entire agreement between us in relation to the Services and your use of an EV Charger.
1.2 By using an EV Charger, you agree to be bound by these Terms and affirm that you are at least 16 years of age. If you do not agree with any of these Terms, you may not use the EV Charger or receive the benefit of the Services.
1.3 These Terms are legally binding on you and us, and we may amend these Terms from time to time and any changes are effective when posted to this page. We will also notify you of any changes to these Terms via the EV Charging App prior to receiving the Services. It is your responsibility to check this page regularly for updated versions of the Terms. If you object to any variation to these Terms, your only remedy is to immediately discontinue your use of the Services.
1.4 As long as you comply with these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, limited right to park in an EV Charger parking bay, use the EV Charger and receive the benefit of the Services.
2. Payment
2.1 The Fees payable by you for use of the EV Charger are based on the quantity of power you consume while using the EV Charger (on a kWh basis), plus any taxes and additional fees including idle fees and transaction fees where applicable (“Fees”). By charging your vehicle in a particular location, you accept the Fees communicated to you through the EV Charging App.
2.2 NRMA may alter its pricing model for provision of the Services at any time. Any updated pricing will be on the EV Charging App and must be accepted by you prior to your receipt of the Services.
3. Idle Fees
3.1 In consideration of others who need to use our EV Chargers, we ask that you move your vehicle when it is finished charging. To encourage this, you may incur an idle fee for the time your vehicle remains parked in an EV Charger parking bay or connected to an EV Charger after it is finished charging. Idle fees may apply at all our EV Chargers. We may waive the idle fee if your vehicle is moved within the period notified to you after it is finished charging. To avoid idle fees, we recommend you monitor your vehicle while using our EV Chargers and encourage you to use the EV Charging App to track your vehicle’s charge status (where available).
3.2 By remaining parked in an EV Charger charging stall or connected to an EV charger after your vehicle is finished charging, you accept the idle fee rate communicated to you on the EV Charging App.
4. EV Charger Use
4.1 You acknowledge and agree that, subject to applicable laws including the Australian Consumer Law:
(a) NRMA is not liable to you or any other person for any disruption or interruption to the Services;
(b) while we use reasonable endeavours to ensure that the Services are available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, error free, or that any defects will be corrected, or that your use of the EV Charger or the Services will provide specific results or benefits and we will not be liable for the same;
(c) we are not responsible for any loss caused by any circumstances beyond NRMA's reasonable control, including:
(i) faults or defects or circumstances that arise due to incompatibility with your vehicle including an inability to charge or mobilise your vehicle;
(ii) the actions or conduct of other users;
(iii) the enforcement of parking restrictions by law enforcement officials including any fines issued while using the EV Charger; or
(iv) any Force Majeure event;
(d) the electricity grid to which the EV Charger is connected may experience fluctuations or surges, which may affect the quality of the power our EV Charger is able to provide. You acknowledge and agree that the quality and reliability of power supplied by our EV Chargers may be a matter outside NRMA’s reasonable control; and
(e) any defect or fault with your Vehicle, its electrical system and its battery are entirely your responsibility and at your risk. You are responsible for ensuring the proper functioning of your Vehicle and its battery management system.
4.2 If there are any faults or you have any issues with any EV Charger, please contact us as soon as possible. You can call our customer services team at 1300 233 544.
4.3 You must use reasonable care when using our EV Chargers. You are liable to us for any loss or damage to any EV Charger which occurs during your use, whether caused by misuse or intentional damage by you or the passengers of your Vehicle, excluding fair wear or where such loss or damage results from matters outside of your reasonable control.
4.4 NRMA makes no representations or warranties as to the suitability, correctness or reliability of any Services supplied by NRMA. You accept that it is your responsibility to diligently check the suitability, correctness or reliability of any Services including suitability of our EV Chargers with your vehicle.
4.5 If you access an EV Charger using a Vehicle which does not belong to you, the act of doing so will also bind the owner of the Vehicle you are driving and warrant your authority to bind that person.
4.6 You agree to keep the property around our EV Chargers clean and tidy, and to comply with all reasonable requests of the owner of the property provided from time to time when using the relevant EV Charger, including with any request they may make to immediately suspend, modify or restrict your access to that EV Charger.
4.7 You must comply with all applicable laws and regulations and must ensure that your acts or omissions do not adversely affect the health and safety of others while using our EV Charger. You are solely responsible for the safe use of the Services, and for your own personal safety and that of the passengers of your Vehicle, at all times while using our EV Charger.
4.8 You may only use the EV Chargers to charge a Vehicle. You are not permitted to use the EV Charges to on-sell power or to connect to any other premises or products other than a Vehicle, unless we give you prior consent in writing.
5. Carbon Abatement
5.1 Any emissions reductions, environmental attributes, carbon abatement or offset rights or activities whatsoever which are associated with, are potentially available from, or arise from or in connection with the use of our EV Chargers which could potentially give rise to the creation of Carbon Credits are hereby retained by and vested in NRMA (or persons nominated by NRMA). You agree that NRMA (or persons nominated by NRMA) will be the sole owner of such emissions reductions, environmental attributes and related rights, will have authority as the project proponent to create related Carbon Credits under any relevant Carbon Credit Scheme, and that NRMA may deal with any Carbon Credits as it sees fit, including by assignment or sale to any third party.
5.2 You agree not to take any action that would create a third party interest, ownership, encumbrance or other restriction in respect of any Carbon Credits, emission reductions, environmental attributes or related rights. \
6. Termination
6.1 NRMA may terminate the agreement with you based on these Terms and any licence created under them at any time, with immediate effect, including where:
(a) any of your acts or omissions have resulted in:
(i) damage to real property or personal property including an EV Charger; or
(ii) personal injury, illness or death;
(b) you have breached a provision of these Terms; or
(c) it is required to do so by law.
6.2 Any indemnities given by you and any limitations of our liability survive such termination. Termination does not affect the rights of either party accrued up to the date of termination. The termination or expiry of our agreement does not operate to terminate any rights or obligations that by their nature are intended to survive termination or expiration.
6.3 You may terminate our agreement at any time by providing us with written notice, by terminating the Chargefox Network Terms and Conditions, or by uninstalling the EV Charging App.
7. Suspension
7.1 NRMA may suspend the use of the Services, or any EV Chargers if it reasonably determines that it is necessary to do so, including where:
(a) one or more EV Chargers requires maintenance or upgrading;
(b) we have a reasonable belief that the Services are being used unethically, unlawfully or contrary to any law or regulation; or
(c) provision of the Services is disrupted or prevented as a result of an event outside NRMA’s reasonable control (including a Force Majeure event), or for safety reasons.
7.2 Subject to applicable laws, we will not be liable to you or any third party for any loss or damage whatsoever suffered by any person as a result of any such suspension under the Terms.
7.3 Neither party will be liable for any failure to perform or delay in performing its obligations under these Terms if that failure or delay is due to a Force Majeure event. This paragraph does not affect the obligation to make payment under these Terms.
8. Data and Intellectual Property
8.1 You acknowledge that we will collect Customer Data including but not limited to the details about the vehicle, charging capacity of the Vehicle and the Vehicle’s location.
8.2 You also acknowledge that use of the Services will generate Customer Data which is stored by or on behalf of NRMA and accessible by us via the software supporting the Services. You also acknowledge that Chargefox may provide Personal Information (including your name, location and concerns relating to your use of our EV Chargers) to us for support purposes.
8.3 You acknowledge and agree that unless otherwise agreed in writing, all Intellectual Property Rights:
(a) in the Customer Data, excluding Personal Information collected by us; and
(b) in any material created in connection with the use of the EV Chargers or as a part of our Services;
vest in, remain the sole property of, and are irrevocably assigned to NRMA and you agree that you must not infringe or use the Intellectual Property Rights of NRMA without the prior written consent of NRMA.
9. Use of Customer Data
9.1 You agree that Customer Data (including Personal Information that you or Chargefox provides to us) may be used by us to:
(a) collect information and aggregate data on use of the Services;
(b) carry out the installation, activation, de-installation, disconnection, servicing, updating or testing of the EV Chargers and any associated software;
(c) provide you with any additional optional services that are or may become available, where you agree to these before or during the period of Services;
(d) carry out research and behavioural analysis;
(e) provide you with the products and services you have requested from us; and
(f) develop processes, products, services and benefits to better meet your needs.
9.2 We may provide Customer Data to our agents, contractors, service providers or related companies for the purposes of, or in connection with, the supply of products and services to you and for the same purposes above.
9.3 You agree that NRMA may use and analyse Customer Data (including Personal Information that you or Chargefox provides to us) for the purpose of improving the Services and inclusion in aggregated anonymous databases.
9.4 You acknowledge that some of our agents, contractors, service providers or related companies may be located in jurisdictions other than Australia (including the US and the EU), and that in order for the proper supply of the Services, some or all Customer Data and Vehicle Data will be transmitted, stored and processed by our agents, contractors, service providers or related companies located in jurisdictions other than Australia. You agree that APP 8.1 under the Privacy Act will not apply to such disclosures and that in the event that an overseas recipient breaches the APPs, that entity will not be bound by, and you will not be able seek redress under, the Privacy Act.
10. Exclusions
10.1 Subject to paragraph 12.3, all express or implied representations, conditions, warranties and provisions relating to these Terms that are not contained in it, are excluded to the fullest extent permitted by law.
10.2 Subject to paragraph 12.3, NRMA does not give any guarantee, indemnity or warranty or make any representation of any kind, express or implied, written or oral, arising by statute, operation of law, course of dealing, usage or trade or otherwise with respect to the supply by NRMA of any goods or services in connection with these Terms, except as expressly stated in it or under a consumer guarantee which cannot be legally excluded.
10.3 Despite anything contained in these Terms, the Australian Consumer Law may give you statutory rights including guarantees and remedies that cannot be excluded or modified by these Terms. The ACL guarantees and remedies include (depending on the type of failure, fault, or defect) repair or replacement, a refund, compensation for reasonably foreseeable loss or damage, or a resupply of the goods or services if the goods or services do not meet the standards required by the ACL.
11. Indemnity
11.1 You will fully indemnify NRMA in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) the matters for which you are responsible under clause 6.1(e); and
(c) any of your acts or omissions resulting in:
(i) damage to real property or personal property; or
(ii) personal injury, illness or death.
11.2 Your liability to indemnify NRMA under this clause 13 is reduced proportionately to the extent that an act or omission of NRMA or its officers, employees or agents contributed to the loss or liability.
12. Exclusions and limitations
12.1 Subject to paragraph 14.2 and except for any liability under any Non-Excludable Conditions, the aggregate liability of NRMA for breach of or liabilities under, in respect of and in connection with these Terms, whether in contract, tort (including negligence), under statute, as well as its duties at law and in equity (however arising) under indemnities or on any other basis including liability arising under or in connection with:
(a) NRMA’s performance or non-performance of its obligations under these Terms;
(b) any damage or loss suffered as a result of your use of our EV Chargers;
(c) the EV Chargers not being available or suitable for use by your Vehicle at any time;
(d) the accuracy, suitability or currency of the Services or any related products; and
(e) any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any NRMA EV Charging Network service supplied by NRMA by legislation, common law, equity, trade, custom or usage, including any implied warranties of acceptable quality or fitness for a disclosed purpose,
is limited to an amount equal to the Fees paid or payable by you for the Services in relation to which the relevant liability arises.
12.2 To the extent that NRMA has failed to comply with a consumer guarantee in relation to Services under the Australian Consumer Law which cannot be lawfully excluded and the Services are not PDH Goods or Services, the liability of NRMA for the failure to comply with that consumer guarantee is limited (to the extent lawful) to, at NRMA’s option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
12.3 Except for liability in relation to breach of any Non-Excludable Condition and for liability under clauses 13.1(b) and (c), neither you or the NRMA will be liable to the other for lost profits, lost revenue, lost savings, lost business, loss of opportunity, lost data or any consequential or indirect loss arising out of, or in connection with, the Services, and any claims by any third person (including any driver), or these Terms, even if either party knew the loss was possible, or the loss was otherwise foreseeable.
13. Variation
13.1 NRMA reserves the right to amend these Terms. We will use reasonable endeavours to notify you of any changes to the Terms by notifying you through the EV Charging App.
14. Severability
14.1 The invalidity or unenforceable act of any term of or right arising pursuant to these Terms shall not adversely affect the validity or enforceability of the remaining terms and rights.
15. Waiver
15.1 A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future. Waiver of any rights under these Terms must be in writing and is only effective to the extent set out in that written waiver.
16. Governing law
16.1 These Terms are governed by the laws of the state of New South Wales.
16.2 You submit to the non-exclusive jurisdiction of the courts of New South Wales in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
17. Contacting Us
17.1 If you have any questions regarding your use of EV Chargers you may contact NRMA on 1300 233 544
18. NRMA Membership Terms and Conditions
18.1 A full copy of NRMA’s Membership Terms and Conditions including details on our Available Subscription Packages, is available at www.mynrma.com.au/general-conditions
19. NRMA Group Privacy Policy
Where you or Chargefox provides your Personal Information to us, or we otherwise collect your Personal Information, our Privacy Policy which is available at www.mynrma.com.au/privacy-policy.htm will apply. By accepting the Terms or using an EV Charger you are accepting the collections, uses and disclosures set out in our Privacy Policy.
20. Dictionary
20.1 In these Terms:
(a) the singular includes the plural and vice versa;
(b) the word person includes a firm, a body corporate, an unincorporated association, body or organisation established pursuant to international treaty, intergovernmental body, or government authority and other official authority;
(c) a reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time;
(d) the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’ or ‘such as’ or similar expressions;
(e) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns;
(f) headings are inserted for convenience and do not affect the interpretation of these Terms;
(g) no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
(h) unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars. \
20.2 The following words have particular meanings given below:
“Australian Consumer Law” or “ACL” means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
"APP” means the Australian Privacy Principles under the Privacy Act.
“Available Subscription Package” means any of the following NRMA products: My NRMA, Everyday Care, Complete Care, Ultimate Care, Classic Care, Premium Care, Premium Plus, Traveller Care, Basic Care and Free2go.
“Carbon Credit” means any right, interest, unit, credit entitlement, benefit or allowance to emit (at present or in the future) greenhouse gas or carbon emissions under any Carbon Credit Scheme.
“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.
“ChargeFox” means Chargefox Pty Ltd ACN 621 161 215.
“Customer Data” means any information relating to your use of an EV Charger or our supply of the Services and includes the Vehicle Data and the aggregation of that information.
“EV Charger” means the NRMA stationary infrastructure that supplies electric energy for the recharging of electric vehicles and may include a super-fast charger.
“Fee” means the fees applicable for use of the EV Charger and receipt of the Services, as described in paragraph 2.1.
“Force Majeure” means any cause beyond the reasonable control of the party affected, which affects the performance of these Terms, including in any case prolonged break-down of transport, telecommunication or electric current.
“Intellectual Property Rights” includes all industrial and intellectual property rights throughout the world including but not limited to the rights comprised in any copyright, design, moral rights, trade marks, patents, rights to protect confidential information and any similar rights whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those ort like rights and right to protect trade secrets and know how, throughout the world for the full period of the rights and renewals and extensions.
“Non-excludable Condition” means an implied condition or warranty the exclusion of which from a contract would contravene any statute (including the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law) or cause any part of these Terms to be void.
“NRMA”/“we”/“us”/“our” means NRMA Electric Highways Pty Ltd (ABN 35 659 311 163), and includes its officers, employees, agents and contractors.
“EV Charging App” means the [INSERT] mobile application used by Charge Fox for the provision of Services.
“Personal Information” has the meaning given to it in the Privacy Act.
“Privacy Act” means the Privacy Act 1998 (Cth).
“PDH Goods or Services” means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
“Services” means the services of providing access to and use of EV Chargers throughout Australia to charge Vehicles.
“Vehicle” means each legally registered electric vehicle (which operates on energy stored in its rechargeable batteries that are recharged by common electricity), owned or operated by you and makes use of the Services.
“Vehicle Data” means all the data and information that can be collected, processed, ascertained or inferred from use of any EV Charger or the Services (including, in respect of a vehicle, its location, the time and date, diagnostic information provided by the vehicle, and the charging consumption) or arising from or in connection with the supply of the Services.
“you”/“your” means the party who uses an EV Charger to charge an electric vehicle.
