Electric Vehicle fast charger network terms and conditions

NRMA EV Charging Network
Terms and Conditions

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 22 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, as also appearing on our website, 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 NRMA 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”). You agree to pay the Fees, together with any further charges applied by us related to the Services notified prior to you using the Services or the Charger, without set off or deduction. All Fees and charges must be paid via the NRMA EV Charging App through an NRMA EV Charging Account, by authorising automatic or one-time payments.

2.2 When you add a payment method to your NRMA EV Charging Account, such as a credit card, certain information including device location, device identification number, and card information may be shared with our payment processor and our banking partners to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues. Card information is encrypted during the transmission that prevents unauthorized access without specific permissions and we will not have access to the actual card number. For information on how we handle your payment information, please see NRMA’s Privacy Policy here: www.mynrma.com.au/privacy-policy.htm.

2.3 You must maintain at least one valid payment method in your NRMA EV Charging Account. You permit us to store, maintain, and recover funds from your specified payment method in accordance with these Terms. If you fail to maintain accurate, complete, and up-to-date payment information, including by not updating an invalid or expired payment method, we reserve the right to restrict your access to the functionality of the EV Charger or to suspend your use of the Services.

2.4 You are entirely responsible for all and any activities which occur on your NRMA EV Charging Account as a result of your failing to keep your login information for the NRMA EV Charging App secure and confidential (including unauthorised use of your credit card or other payment details, if applicable). You acknowledge and agree that any Services received via your NRMA EV Charging Account may result in Fees being applied to your saved payment method, including taxes as required by law.

2.5 All payments will be made using the Stripe online payments platform. By using the NRMA EV Charging App, the Services or when making any payment in relation to your use of the EV Charger, you must accept Stripe’s terms and conditions here: https://stripe.com/au/legal/consumer. Your use of the payment services provided by Stripe is subject solely to Stripe’s terms and conditions and we are not responsible to you for your use of their payment platform. You acknowledge that we have no responsibility for and are not liable in relation to any information provided to or via Stripe’s payment platform.

2.6 In the event that any attempt to take payment of the Fees from you should fail using the payment method saved in your NRMA EV Charging Account, you agree that we are permitted to recover directly from you all or less than all of the amount owed for the Services, and any fees, costs or other expenses incurred by us in connection with our collection efforts including banking fees and charges.

2.7 If we are unable to collect payment of our Fees, we may:

2.8 NRMA may alter its pricing model for provision of the Services at any time. Any updated pricing will be on the NRMA EV Charging App and must be accepted by you prior to your receipt of the Services.

3 Refund Policy

3.1 Subject to applicable laws including any rights you may under the Australian Consumer Law, NRMA will only provide you with a refund of the Fee in the event we are unable to continue to provide the Services or if we make a decision that it is reasonable to do so under the circumstances.

4 Idle Fees

4.1 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 by text message 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 NRMA EV Charging App to track your vehicle’s charge status.

4.2 By remaining parked in an EV Charger charging stall or connected to a charger after your vehicle is finished charging, you accept the idle fee rate communicated to you on the NRMA EV Charging App.

5 Non-NRMA Members

5.1 Non-NRMA members may access our charging network on a pay per use basis. To charge your vehicle if you are a non-NRMA member, you must download the NRMA EV Charging App, create an NRMA EV Charging Account and store a valid payment method in your NRMA EV Charging Account. We will place a temporary payment authorisation hold on your payment method at the start of each charge session, and will release the authorisation when your charge session is complete and successfully paid. NRMA offers NRMA membership that may allow you to charge your vehicle at lower Fees than would otherwise apply. NRMA membership pricing and signup details are available on the NRMA website.

5.2 The pay per use billing unit and rate may change from time to time, and the latest information is provided in the NRMA EV Charging App. NRMA Member and non-member pricing will be shown in NRMA EV Charging App (whichever applies to you). By charging your vehicle in a particular location, you accept the price of charging communicated to you through the NRMA EV Charging App.

6 Charger Use

6.1 You acknowledge and agree that, subject to applicable laws including the Australian Consumer Law:

6.2 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 or contact us online via the NRMA EV Charging App.

6.3 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.

6.4 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 Chargers with your vehicle.

6.5 If you access a 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.

6.6 You agree to promptly update your NRMA EV Charging Account information with any changes to your name, email address, mailing address, telephone number and any applicable credit card information. Account information can be updated by contacting NRMA at mynrma.com.au or through the NRMA EV Charging App.

6.7 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.

6.8 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.

6.9 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.

7 Carbon Abatement

7.1 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.

7.2 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.

8 Termination

8.1 NRMA may by written notice terminate the agreement 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.

8.2 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.

8.3 Following any termination, you will remain responsible for any and all unpaid Fees payable up to the date of termination. If such unpaid Fees are not promptly remitted, you may become liable for additional service charges, fees or penalties as described in paragraph 2.7.

8.4 You may terminate our agreement at any time by providing us with written notice or by uninstalling the NRMA EV Charging App.

9 Suspension

9.1 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:

9.2 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.

9.3 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.

10 Data and Intellectual Property

10.1 You acknowledge that the EV Chargers will collect Customer Data including but not limited to the details about the vehicle, charging capacity of the Vehicle and the Vehicle’s location.

10.2 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, such as your name, email address, phone number, membership number and details of your charging session.

10.3 You acknowledge and agree that unless otherwise agreed in writing, all Intellectual Property Rights:

11 Use of Customer Data

11.1 You agree that Customer Data (including Personal Information) may be used by us to:

11.2 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.

11.3 You agree that NRMA may use and analyse your customer data for the purpose of improving the Services and including your customer data in aggregated anonymous databases.

11.4 You acknowledge that some of our agents, contractors, service providers or related companies may be located in jurisdictions other than Australia, 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.

12 Exclusions

12.1 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.

12.2 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.

12.3 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.

13 Indemnity

13.1 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:

13.2 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.

14 Exclusions and limitations

14.1 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:

14.2 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:

14.3 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.

15 Variation

15.1 NRMA reserves the right to amend these Terms. We will use reasonable endeavours to notify you of any changes to the Terms by placing a notice on our website and displaying the updated Terms upon login to the NRMA EV Charging App.

15.2 Without limitation, NRMA reserves the right to implement one or more user validation processes for the Services, which verifies that the user is an NRMA Member before allowing access (conditional or not) to the EV Chargers, including restricting access to NRMA EV Charging App subscribers.

16 Severability

16.1 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.

17 Waiver

17.1 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.

18 Governing law

18.1 These Terms are governed by the laws of the state of New South Wales.

18.2 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.

19 Contacting Us

19.1 If there are any questions regarding these Terms provided by NRMA you may contact NRMA using the information below.

How to contact us:
Online: via the NRMA EV Charging App
Phone: 1300 233 544

20 NRMA Membership Terms and Conditions

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

21 NRMA Group Privacy Policy

NRMA collects, uses and discloses your personal information in accordance with NRMA’s Privacy Policy, which is available at www.mynrma.com.au/privacy-policy.htm

22 Dictionary

22.1 In these Terms:

22.2 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.

“Customer Data” means any information (including Personal Information) relating to you or a Vehicle that is collected, stored or disclosed in the course of the 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 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.

“NRMA EV Charging Account” means your account with NRMA on the NRMA EV Charging App for the provision of the Services.

“NRMA EV Charging App” means the My NRMA mobile application used by NRMA for the provision of Services.

“NRMA Member” means any person who has agreed to become a Member of the NRMA whose name is entered on the NRMA Register of Members, and who has purchased any of the Available Subscription Packages.

“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.

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