1.Your acceptance

1.1 These are the terms and conditions “Terms” on which iCharge (referred to as iCharge, we, our or us) permits users (referred to as you or your) to:

(a) use the iCharge open-platform network of electric vehicle charging stations (Charging Stations), including all electric vehicle service equipment (EVSE), the electric vehicle charging applications it delivers, and all support network infrastructure and services supplied by ICharge in respect of the Charging Stations (iCharge Network); and

(b) access and use the iCharge apps which provide data in respect of the iCharge Network (iCharge Apps) and the iCharge website, located at iCharge.com (Website).

1.2 You agree to be bound by these Terms when you:

(a) apply for a subscription or register an account to use the iCharge Network;

(b) use any piece of EVSE located at a Charging Station; or

(c) use, browse or access any part of the iCharge Apps or Website.

1.3 If you access a Charging Station using an electric vehicle (EV) which does not belong to you, the act of doing so will also bind the owner of the EV you are driving and warrant your authority to do so.

1.4 iCharge may from time-to-time review and update these Terms and the iCharge Privacy Policy (a copy of which can be found on the Website) to take account of new laws, regulations, products, technology or other relevant changes in circumstances. Your use of the iCharge Network, iCharge Apps and Website will be governed by the most recent Terms posted on the Website. By continuing to use the iCharge Network, iCharge Apps or Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

2. Registering an Account

2.1 You may be required to register an account in order to use the iCharge Network (Account).

2.2 You warrant that all information and data provided by you in the process of registering an Account is accurate, complete and up to date. You will promptly inform iCharge if there is any subsequent change to your information or data.

2.3 By registering an Account, you warrant to us that:

(a) you are authorised and have full power and capacity to register and control all EVs whose VINs are associated with your Account and will notify iCharge, through the iCharge App or using the contact details outlined in clause 19, in the event that you are no longer authorised to register or control an EV so that the VIN can be removed from your Account; and

(b) you are at least 16 years of age and possess the legal authority to enter into and use the iCharge Network, the iCharge Apps and the Website in accordance with these Terms and the law.

2.4 You agree to be financially responsible for all use of the iCharge Network (as well as for use by others of the iCharge Network to charge your EV), and to pay all applicable Fees (as defined in clause 2.5) for access to a Charging Station initiated by you or attributed to an EV or iCharge RFID card (RFID Card) which is associated with your Account. In particular, you agree to:

(a) promptly review your payment method statement (such as your credit card statement) and notify iCharge customer service in writing of any questions regarding Fees. Fees not questioned by this method within 30 days of the applicable statement date will be deemed valid; and

(b) promptly update your 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 through the iCharge Apps or the Website (if applicable).

2.5 For the purposes of these Terms, the amount payable by you for your use of the iCharge Network includes:

(a) your usage fee, being the kWh rate advertised with respect to each Charging Station plus any applicable taxes; and

(b) any applicable Idle Fees (as defined in clause 5.2) charged in accordance with these Terms,

(collectively, the “Fees”).

2.6 In the event that payment on your credit card or other payment method is declined you must rectify this immediately and failure to do so may result in iCharge terminating your Account. In the event iCharge terminates your Account, iCharge may institute collection proceedings in order to collect any unpaid balance on your Account and any fees, costs or other expenses incurred by iCharge in connection with its collection efforts.

2.7 In the event that your RFID Card is lost, stolen or damaged, you must promptly notify iCharge in accordance with the contact details provided in clause 19. ICharge will, within seven (7) days, remove the RFID Card from your Account (Notice Period). You agree that any usage associated with your RFID Card during the Notice Period remains a Fee payable by you.

2.8 You agree to not attempt to scrape, decompile, data-mine, reverse engineer, disassemble, or otherwise deal with the iCharge App, Website, iCharge Network or any Charging Stations or EVSE, in any way other than as it is intended to be used and as is permitted by these Terms.

2.9 iCharge reserves the right to modify and/or apply different prices and fees for charging services, depending on the type of charging point (EVSE), its location, and the time intervals of usage.

2.10 For the same charging point (EVSE) and the same time interval, iCharge may apply different prices to different users, in accordance with its commercial policies and/or the performance criteria of the user.

2.11 Based on the user’s performance, usage history, or other criteria determined by iCharge, the company reserves the right to apply higher or lower prices compared to other users.

2.12 iCharge does not guarantee full consistency between the price displayed in the application and the price that may be shown on the screen of the charging point (EVSE). In the event of any discrepancy, including those arising from technical circumstances or agreements with Charging Point Operators (CPOs), the final and binding price shall be the one applied through the iCharge application.

2.13 The provisions of this section apply to all charging points where iCharge provides services through agreements with third-party Charging Point Operators (CPOs), both within and outside the territory of the Republic of Albania, collectively referred to as the “Roaming” network.

3. Provision of Charging Stations

3.1 iCharge provides access to Charging Stations which are owned and maintained by third parties. Nothing in these Terms or otherwise inferred by your use of the Charging Stations places any obligation on iCharge to maintain Charging Stations. Such obligation is borne solely by the third-party charge point operator (CPO) who owns the Charging Stations (subject to any relevant third-party CPO terms and conditions as detailed under clause 7).

3.2 iCharge may, from time to time, make available the Charging Stations for use by Account holders to charge their EV. iCharge reserves the right, at its discretion (acting reasonably), to refuse or suspend access to any or all Charging Stations to any person (including but not limited to any person found to be in breach of these Terms).

3.3 You acknowledge that in the event iCharge refuses or suspends access to any or all Charging Stations, iCharge will (if practicable) generally attempt to provide notice to the contact details associated with an Account, however, in certain circumstances it is not practicable for ICharge to provide notice. In such circumstances, iCharge reserves the right to not provide notice.

3.4 iCharge may refuse or suspend the use of the iCharge Network, or any Charging Station or EVSE, at any time and will endeavour to update the iCharge App or Website, in the event:

(a) one or more piece of EVSE requires maintenance or upgrading; or

(b) a provision of the iCharge Network is disrupted or prevented as a result of an event outside iCharge’s reasonable control or for safety reasons, (being Service Interruptions), however iCharge does not guarantee that prior notice of Service Interruptions will be provided to you.

3.5 iCharge may refuse or suspend the use of the iCharge Network, or any Charging Station or EVSE, at any time and without notice to you, if we have a reasonable belief that the iCharge Network or a Charging Station is being used unethically, unlawfully or contrary to any law or regulation.

3.6 iCharge does not guarantee, and is under no obligation to ensure, the availability, compatibility with your EV, or performance of Charging Stations, nor does it promise to provide an uninterrupted electricity supply to Charging Stations. iCharge cannot guarantee that connecting your EV to one of our Charging Stations will result in a successful and timely recharge of your EV’s battery or batteries.

3.7 If there are any faults or you have any issues with any Charging Station, please contact us as soon as possible using the contact details outlined in clause 18.

4. Use of Charging Stations and fair use

4.1 Your use of the Charging Stations and any prepaid charging packs, e-vouchers, gift cards (if applicable) must be fair, reasonable, not excessive and in an acceptable manner. If we consider, in our reasonable discretion, your usage to be unfair, unreasonable, excessive or in an unacceptable manner (collectively, Unreasonable Conduct), without limiting clause 3 above, we may immediately suspend, terminate, modify or restrict your access to any or all Charging Stations.

We may consider your use of the Charging Stations to be Unreasonable Conduct if you use Charging Stations in a manner other than they are intended for. Below are some examples of uses that we consider Unreasonable Conduct. This is not intended to be an exhaustive list:

(a) using or accessing the Charging Stations in a manner that breaches these Terms or any applicable laws and regulations;

(b) using the Charging Stations for any fraudulent purpose;

(c) in the case of iCharge’ subscription charging service, using your Account to provide anyone other than yourself, access to free charging on the iCharge Network; or

(d) using the Charging Stations and iCharge Network in a manner that could interfere with the service, our networks, the assets and equipment of us or a CPO or our ability to provide services to you or another person.

4.2 You agree not to use, or attempt to use, Charging Stations for any purpose other than to charge your EV and then only to the extent that your EV is compatible with the Charging Stations.

4.3 When using the Charging Stations, you agree to comply with all applicable laws and regulations. In particular, you agree to:

(a) take reasonable care for your own health and safety;

(b) take reasonable care that your acts or omissions do not adversely affect the health and safety of others;

(c) comply, as far as you are reasonably able to, with any reasonable instruction that is given by iCharge or the relevant CPO. This means complying with the relevant EV manufacturer’s handbook and any instructions for use set out at the Charging Stations (which may be updated by iCharge or a CPO from time to time and so should be reviewed by you each time you use a Charging Station); and

(d) be aware of any parking restrictions which may be being enforced nearby or attached to the Charging Station.

4.4 When using the Charging Stations, you must ensure that the EVSE located at that Charging Station is compatible with your EV, including that the charging cable is suitable for use on your EV.

4.5 You warrant to us that your EV is roadworthy and is registered for use on Australian roads, that you have read the relevant manufacturer’s EV handbook and that the EV does not present any danger or risk to other vehicles or persons or to the Charging Stations.

4.6 Where you are not the owner of the EV accessing the Charging Station, you warrant that you are authorised by the owner of that EV to use the Charging Station and that you have authority to bind the owner to these Terms.

4.7 You acknowledge that we are not supervising your use of the Charging Stations and that you and any people with you are undertaking such use at your own risk.

4.8 You acknowledge that where Charging Stations are located on private property, you agree to keep the property clean and tidy, and to comply with all reasonable requests of the owner of that property provided from time to time when using the relevant Charging Stations, including any request to immediately suspend, modify or restrict your access to that Charging Station.

5. EVSE Idle Fee

5.1 You agree that you will remove your EV from a Charging Station promptly once it is charged and ensure that access to the EVSE and Charging Station is cleared to allow other users to use the EVSE and Charging Station.

5.2 You acknowledge and agree that you may incur an idle fee for the time your EV remains parked in a charging stall after it is finished charging (Idle Fee). To avoid Idle Fees, we recommend you monitor your EV while using a Charging Station and use the iCharge Apps to track your EV’s charge status.

6. Charging Stations owned by CPO

6.1 When using a Charging Station on the iCharge Network that is operated or owned by a third-party CPO, you will be deemed to have accepted the terms and conditions of use of the third-party CPO that operates or owns the Charging Station (CPO T&Cs).

6.2 The third-party CPOs which currently own or operate Charging Stations on the iCharge Network and their terms and conditions of use can be accessed here.

6.3 iCharge will use reasonable endeavours to notify you of the Charging Stations on the iCharge Network which are operated or owned by a third-party CPO and provide access to the relevant CPO T&Cs in these Terms and on the iCharge Website and/or iCharge App.

6.4 In the event of any inconsistency between these Terms and a CPO T&Cs, the Terms which imposes a higher standard on you will prevail to the extent of any inconsistency.

6.5 iCharge does not guarantee that the CPO T&Cs accessible in these Terms or on the iCharge App or Website are the most up to date versions of those CPO T&Cs. You are solely responsible for ensuring that you have read any relevant CPO T&Cs and are aware of any updates that may be made to CPO T&Cs from time to time. By using and continuing to use a Charging Station owned or operated by a third-party CPO you agree to be bound by the most recent terms of the relevant CPO T&Cs.

6.6 You agree that iCharge is in no way liable to you (a) under any CPO T&Cs, or (b) in the event the CPO T&Cs accessible in these Terms or on the iCharge App or Website are not the most up to date version of the relevant CPO T&Cs, and you irrevocably release iCharge from any such claim.

7. Use of iCharge Apps

7.1 You may access and use the iCharge Apps or the Website to obtain information regarding Charging Station locations and other content and features that iCharge may make available. Use of the iCharge Apps and the Website is subject to these Terms, iCharge’s Privacy Policy (available on the Website), any relevant mobile application terms and conditions entered into at the time of downloading the iCharge Apps.

7.2 You are responsible for all use of the iCharge Apps under your Account name.

8. Content of iCharge Apps and Website

8.1 The iCharge Apps and Website are owned and operated by or on behalf of iCharge.

8.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, trademarks, logos, service names and trade names of iCharge, images of people or places or other content (Content) contained in the iCharge Apps, on the Website or otherwise provided to you by iCharge is owned or licensed by iCharge.

8.3 The Content in the iCharge Apps and on the Website and any other information provided to you is for general information purposes only. You acknowledge and agree that, while iCharge has attempted to provide accurate information through the iCharge Apps and on the Website, such information may change frequently and in no event will iCharge be responsible for the accuracy, usefulness or completeness of the Content in the iCharge Apps and on the Website, nor does it warrant that any such Content is the most current version thereof. To the maximum extent permitted by applicable law, iCharge does not warrant or make any representations as to any third-party products or services described or referred to in the iCharge Apps, on the Website or otherwise. Any use of the Content by another person or organisation is at the user’s own risk.

8.4 The Content in the iCharge Apps and on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence or agreement. Inclusion of Content in the iCharge Apps or on the Website is not an endorsement of any organisation, product or service.

8.5 iCharge may modify any information in the iCharge Apps or on the Website (including Content) at our absolute discretion for any reason, without notice. All updates and modifications to the iCharge Apps or the Website (including Content) will be subject to these Terms.

8.6 If you have a complaint regarding any Content in the iCharge Apps or on the Website, iCharge will review any written complaint notified to it in accordance with clause 18 and may, at its sole discretion, modify or remove the relevant Content.

9. Links on the Website

9.1 The Website may contain links to other websites (including the websites of CPOs). We have not reviewed all of the third-party websites linked on the Website and are not responsible for their content or accuracy. iCharge provides those website links for reasons such as for searching for third-party goods and services on the internet and, unless otherwise stated, not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.

9.2 Social Media and other websites (including the websites of CPOs) which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access any linked sites, you do so at your own risk. iCharge is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. iCharge is not responsible for and will not be liable in respect of any incorrect link to an external website.

10. Access to iCharge Apps and Website

10.1 iCharge does not guarantee or warrant that you will have continuous access to the iCharge Apps or Website. Subject to these Terms, iCharge will not be liable if the iCharge Apps or Website are unavailable to you for any reason, including due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

10.2 iCharge does not guarantee the delivery or security of communications over the internet as such communications rely on third-party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.

10.3 Whilst iCharge takes reasonable precautions to protect information transmitted via the iCharge Apps and Website, subject to applicable laws, iCharge cannot and does not guarantee the security or confidentiality of these communications or the security of the iCharge Apps or Website.

10.4 iCharge does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the iCharge Apps or Website and, to the maximum extent permitted under applicable law, accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

11. Indemnity

11.1 You will fully indemnify ICharge in respect of all loss, damage, costs, expenses (including reasonable legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute (Loss), in connection with any of the following:

(a) any breach of these Terms or a CPO's T&Cs by you;

(b) your use or misuse of the Charging Stations, EVSE, iCharge Network, the iCharge Apps and the Website; or

(c) your communications with iCharge,

except to the extent such Loss is contributed to by the gross negligence or wilful misconduct of iCharge.

11.2 iCharge will indemnify you in respect of any Losses incurred by you to the extent such Loss arises directly from a breach of these Terms by iCharge.

12. Warranties, consumer guarantees and limitation of liability

12.1 Your use of the Charging Stations and related EVSE, iCharge Network, iCharge Apps and Website is at your own risk. iCharge’s services are provided on an ‘as is’ and ‘as available’ basis.

12.2 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any service supplied by iCharge by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.

12.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Albanian Consumer Law, set out in the Competition and Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

12.4 Our services come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled:

(a) to cancel your Account with us; and

(b) to a refund for the unused services or credit on your Account;

12.5 You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your subscription or Account with us and obtain a refund for any unused services or credit on your subscription or Account.

12.6 iCharge will not be liable to you for any damage of any kind to your EV whatsoever, arising from a failure by you to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with iCharge’s or a CPO's instructions. To the maximum extent permitted by law, you agree to hold iCharge harmless against any liability, or Losses which you may suffer or incur as a result of a failure by you to comply with one or more of the following: the EV manufacturer’s handbook, iCharge’s or a CPO's instructions, or your obligations under any applicable laws and regulations.

12.7 iCharge will not be liable to you for any loss or damage to you or your EV, that are indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) (Consequential Losses) arising in connection with your use of the iCharge Network, the iCharge Apps, the Website and all links to or from the Website unless, and to the extent, that such Consequential Losses are directly caused by:

(a) the gross negligence of iCharge; or

(b) the fraud or wilful breach by iCharge of any of its obligations under these Terms,

provided that such Consequential Losses are reasonably foreseeable and are not caused by something beyond iCharge’s control (including, for the avoidance of doubt, any act or omission of any third-party, any Force Majeure Event (defined under clause 13.10 below), any incompatibility of your EV with the EVSE, the enforcement of parking restrictions by law enforcement officials, or any breach by you of these Terms or a CPOs T&Cs).

12.8 You will not be liable to iCharge for any Consequential Losses incurred by iCharge which arise in connection with your use of the iCharge Network, the iCharge Apps and the Website unless, and to the extent that such Consequential Losses are directly caused by:

(a) your gross negligence; or

(b) your fraud or wilful breach of your obligations under these Terms,

provided that such Consequential Losses are reasonably foreseeable and are not caused by something beyond your control (including, for the avoidance of doubt, any act or omission of any third-party or any Force Majeure Event).

12.9 Subject to this clause 13, to the maximum extent permitted by law, the maximum aggregate liability of a party for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of AU$2,000,000.

12.10 For the purposes of this clause 13, Force Majeure Event is defined as a strike, riot, war, flood, bushfire, earthquake or other natural disaster event, pandemic, border closure, state of emergency, any power outage or telecommunication facilities outage.

13. Termination of your Account

13.1 iCharge may, acting reasonably, at any time and without prior notice, immediately terminate your Account, including restricting access to the iCharge Network, the iCharge Apps or any feature of the iCharge Apps or the Website, for any reason (including due to your breach or alleged breach of these Terms).

13.2 Any indemnities given under these Terms and any limitations of liability survive termination.

13.3 You may terminate your Account at any time by providing iCharge with written notice in accordance with clause 19 or by deleting your Account on the iCharge App.

13.4 Following any termination, you will remain responsible for any and all unpaid Fees and charges associated with your Account. If such unpaid Fees and charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions and fees associated with the recovery by iCharge from you of any unpaid balance.

14. Privacy

14.1 In registering for an Account and using the iCharge Network, iCharge Apps or Website, you may provide certain personal information to iCharge and you agree that any information collected by iCharge may be accessed or collected for use by iCharge or any of its related companies or business partners in the course of its business (including direct marketing activities) in accordance with iCharge’s Privacy Policy (available at the Website and as updated from time to time in accordance with its terms). When using a Charging Station on the iCharge Network that is operated or owned by a third-party CPO, that CPO’s privacy policy will also apply.

14.2 By using the iCharge Network, iCharge App or Website you agree that iCharge may view, monitor, and record your activity (in accordance with the iCharge Privacy Policy) without providing further notice or requesting your permission. Any data or information obtained by monitoring, reviewing, or recording your activity may be reviewed by law enforcement organisations in connection with investigation or prosecution of possible criminal or unlawful activity on the iCharge Network, iCharge App and Website as well as for disclosures required by or under applicable law or related government agency actions. iCharge will also comply with all court orders or subpoenas involving requests for such data and information.

15. Competitors

If you are in the business of providing similar services to iCharge, whether for business users or domestic users, then you are a competitor of iCharge. Competitors are not permitted to use or access any information or content on the iCharge Website or the iCharge App without iCharge’s written consent. If you breach this clause, iCharge may hold you fully responsible for any Loss that we may sustain from such a breach.

16. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Albania. You submit to the exclusive jurisdiction of the courts of the State of Albania and in respect of all matters arising out of or relating to these Terms, their performance and subject matter. The CPO T&Cs may be subject to different jurisdictions.

17. Severability

If any provision or part of a provision of these Terms is held or found to be void, invalid or otherwise unenforceable, it will be deemed to be severed to the extent that it is void, invalid or unenforceable and the remainder of that provision (if applicable) and the other provisions set out in these Terms will remain in full force and effect.

18. Contacting us

If you have questions about the iCharge Network, the iCharge Apps, the Website or these Terms, please contact us here.