These Terms and Conditions (Terms) govern your access to and use of the e-Charg mobile application, website, and related services (collectively, the Services) provided by EV Network Australia Pty Ltd, ABN 69 703 208 039 (we, us, our). By creating an account or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Important: Nothing in these Terms excludes, restricts or modifies any rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Where any provision of these Terms is inconsistent with such rights, that provision is read down or severed to the extent of the inconsistency.
1. Definitions
Account means the user account you create to access the Services.
Charging Session means a session in which your electric vehicle is connected to a Charging Station and electricity is dispensed, started or managed via the App.
Charging Station means any electric vehicle charging hardware accessible through the App, whether owned and operated by us or by a third party (Site Operator).
Wallet means the prepaid balance held within your Account and used to pay for Charging Sessions and other fees.
2. Eligibility and account registration
2.1 You must be at least 18 years of age and have legal capacity to enter a binding contract to use the Services.
2.2 You must provide accurate, current and complete information when registering and keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.
2.3 You must notify us immediately at support@evna.com.au if you become aware of any unauthorised use of your Account.
2.4 You may only hold one Account unless we expressly agree otherwise in writing.
3. The services
3.1 The Services allow you to (a) locate Charging Stations, (b) initiate, monitor and end Charging Sessions, (c) make payments via your Wallet, and (d) access related features such as session history and notifications.
3.2 We do not guarantee that any particular Charging Station will be available, operational, compatible with your vehicle, or capable of delivering any specific charging speed at any given time. Availability and performance depend on factors outside our control, including Site Operator systems, network connectivity, grid conditions and vehicle capability.
3.3 We may modify, suspend or discontinue any part of the Services at any time. We will provide reasonable prior notice of material changes where practicable.
4. Charging sessions
4.1 Your responsibilities
You are responsible for:
- ensuring your vehicle is compatible with the Charging Station and connector you select;
- safely connecting and disconnecting the charging cable in accordance with the vehicle manufacturer’s and Charging Station instructions;
- complying with all on-site signage, safety requirements and operating instructions;
- the conduct of any person you permit to use your Account or your vehicle to charge using the Services; and
- any parking fees, idle fees, or penalties imposed by the Site Operator or property owner.
4.2 Third-party charging stations
Many Charging Stations are owned and operated by third parties. While we facilitate session initiation and payment, the supply of electricity and the operation of the Charging Station is the responsibility of the relevant Site Operator. To the maximum extent permitted by law, we are not liable for the acts, omissions, or equipment of any Site Operator.
4.3 Session interruptions
A Charging Session may be interrupted or terminated due to network outages, hardware faults, safety triggers, vehicle behaviour, or actions of the Site Operator. Where a session is interrupted through no fault of yours and no electricity (or only a partial amount) was supplied, you may be entitled to a refund of the unused portion in accordance with clause 6.
5. Paying for charging
5.1 Wallet
Your Wallet holds a prepaid balance in Australian dollars. The Wallet is non-transferable, does not earn interest, and may only be used to pay for the Services.
5.2 Manual top-up
You may add funds to your Wallet at any time using a payment method we accept. Top-ups are processed by our third-party payment provider and are subject to that provider’s terms.
5.3 Auto top-up authorisation
If you enable auto top-up, you authorise us to automatically charge your nominated payment method for the top-up amount you select, each time your Wallet balance falls below the threshold you set. This is a recurring authorisation that continues until you disable auto top-up or remove your payment method.
5.4 You may disable auto top-up at any time through the App. Disabling auto top-up takes effect immediately for future triggers but does not reverse top-ups already processed.
5.5 You are responsible for ensuring your nominated payment method is valid and has sufficient funds. If an auto top-up fails, we may suspend your ability to start Charging Sessions until your Wallet is funded.
5.6 Refunds and unused balances
You may request a refund of your unused Wallet balance by contacting support@evna.com.au. Refunds will be paid to the original payment method where possible. We may deduct reasonable processing costs or amounts owing to us before issuing a refund. Wallet balances do not expire, but inactive Accounts may be closed in accordance with clause 12, in which case any remaining balance will be refunded to you at your last-known payment method or held in accordance with applicable unclaimed money laws.
5.7 Per-session card payment
You may pay for an individual Charging Session using a payment card instead of your Wallet. When you start a Charging Session this way, you authorise us to place a hold on your card for the amount shown in the App before the Charging Session begins, and you authorise us to charge that card for the amount payable for that Charging Session, including after the Charging Session has ended.
5.8 Holds
A hold is not a payment. When the Charging Session is finalised we charge only the amount payable for the electricity and fees you actually used, and release the remainder of the hold. The time taken for a released hold to appear in your available balance is determined by your card issuer, not by us.
5.9 Charging Sessions exceeding the hold
If the amount payable exceeds the hold, we will charge the full amount payable to the same card and release the hold in full.
5.10 Failed payment and outstanding amounts
If that charge fails, we will take the held amount and issue you an invoice for the difference. Until that invoice is paid, you may not start further Charging Sessions funded by card. You may continue to start Charging Sessions funded by your Wallet, and you may continue to top up your Wallet.
5.11 Retention of card details
Where you pay for a Charging Session by card, we retain your card with our payment provider only while an amount remains outstanding for that Charging Session. Once the Charging Session is fully paid, the card is removed.
5.12 Minimum amounts
Where the amount payable is below the minimum our payment provider will process, we will not charge you for that Charging Session and the hold will be released in full.
6. Fees and pricing
6.1 Pricing for each Charging Session is displayed in the App before you start the session. Pricing may vary by location, time of day, connector type, Site Operator and tariff plan.
6.2 We may change our pricing, fees, and tariff structures from time to time. Changes will be displayed in the App and apply to Charging Sessions started after the change takes effect.
6.3 Idle fees, parking fees, occupancy fees or similar charges may be imposed by Site Operators and will be displayed where reasonably possible. You authorise us to deduct these amounts from your Wallet.
6.4 Tax invoices for completed Charging Sessions are available in the App.
7. Acceptable use
You must not:
- use the Services for any unlawful, fraudulent, or harmful purpose;
- attempt to tamper with, reverse engineer, decompile or disrupt the Services or any Charging Station;
- use the Services to charge a vehicle in a manner that is unsafe or contrary to manufacturer guidance;
- permit any person who is not authorised by you to use your Account;
- introduce malware or attempt to gain unauthorised access to our systems or other users’ Accounts;
- resell, sublicense, or commercially exploit the Services without our prior written consent.
8. Intellectual property
8.1 All intellectual property rights in the Services, including the App, our website, software, content, trade marks and logos, are owned by us or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services solely for the purposes contemplated by these Terms.
8.2 You retain any rights in content you submit through the Services, but you grant us a worldwide, royalty-free, sub-licensable licence to use that content to the extent reasonably necessary to provide and improve the Services.
9. Privacy and data
9.1 We collect, use and disclose personal information in accordance with our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy.
9.2 The Services require access to certain device data, including location data, to function. You can manage permissions through your device settings, but disabling certain permissions may limit functionality.
9.3 We collect telemetry from Charging Sessions (including energy delivered, duration, location and session identifiers) for the purposes of billing, service operation, troubleshooting, and product improvement.
10. Consumer guarantees and warranties
10.1 Australian Consumer Law. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service you are entitled to: cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
10.2 To the maximum extent permitted by law, and subject to clause 10.1, the Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
11. Limitation of liability
11.1 Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability under the Australian Consumer Law.
11.2 Subject to clause 11.1, to the maximum extent permitted by law:
- we are not liable for any indirect, incidental, special, consequential or punitive loss, including loss of profits, loss of data, loss of use, or loss of opportunity, however arising;
- we are not liable for any damage to your vehicle, battery, or other property caused by a Charging Station, Site Operator equipment, or your use of the Services, except to the extent caused by our negligence or wilful misconduct; and
- our total aggregate liability to you arising out of or in connection with the Services or these Terms is limited to the greater of (a) AUD $200, or (b) the total fees you paid to us through the Services in the three (3) months immediately preceding the event giving rise to the liability.
11.3 Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to the resupply of the relevant Services or payment of the cost of resupply.
12. Suspension and termination
12.1 You may close your Account at any time through the App or by contacting support@evna.com.au.
12.2 We may suspend or terminate your Account, or restrict access to all or part of the Services, if:
- you breach these Terms;
- we reasonably suspect fraudulent, unlawful or unsafe activity;
- required by law or by a Site Operator; or
- your Account has been inactive for a continuous period of 24 months.
12.3 On termination, any outstanding amounts owing to us become immediately payable, and we will refund any remaining Wallet balance in accordance with clause 5.6.
13. Changes to these terms
13.1 We may amend these Terms from time to time. We will provide reasonable notice of material changes through the App, by email, or by other reasonable means.
13.2 Changes take effect on the date specified in the notice (and in any event no earlier than 14 days after notice is given, unless the change is required by law or relates to a new feature). Your continued use of the Services after the effective date constitutes acceptance of the amended Terms. If you do not agree to the changes, you may close your Account.
14. Disputes and complaints
14.1 If you have a complaint, please contact us first at support@evna.com.au. We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days.
14.2 If we cannot resolve a dispute through good-faith discussions within 30 days, either party may pursue any remedy available at law, including referral to the relevant ombudsman or consumer protection authority.
15. Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts.
16. General
16.1 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights at any time, provided your rights under these Terms are not materially diminished.
16.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
16.3 Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
16.4 Entire agreement. These Terms, together with our Privacy Policy and any other document we incorporate by reference, constitute the entire agreement between you and us in relation to the Services.
16.5 Notices. We may give you notices through the App, by email to the address associated with your Account, or by other reasonable means. You may give us notices at support@evna.com.au.
16.6 Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, network outages, grid failures, pandemics, strikes, or government action.
17. Contact us
If you have any questions about these Terms, please contact:
EV Network Australia Pty Ltd
ABN: 69 703 208 039
Address: North Sydney, NSW, Australia · [street address to be confirmed]
Email: support@evna.com.au