Chargefox Terms & Conditions

1 Your acceptance

1.1  These are the terms and conditions (Terms) on which Chargefox Pty Ltd ACN 621 161 215 (referred to as Chargefox, we, our or us) permits users (referred to as you or your) to:

(a)  use the Chargefox 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 Chargefox in respect of the Charging Stations (Chargefox Network); and

(b)  access and use the Chargefox apps which provide data in respect of the Chargefox Network (Chargefox Apps) and the Chargefox website, located at chargefox.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 Chargefox Network;

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

(c)  use, browse or access any part of the Chargefox 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  Chargefox may from time to time review and update these Terms and the Chargefox 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 Chargefox Network, Chargefox Apps and Website will be governed by the most recent Terms posted on the Website. By continuing to use the Chargefox Network, Chargefox 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 Chargefox 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 Chargefox 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 Chargefox, through the Chargefox 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 Chargefox Network, the Chargefox 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 Chargefox Network (as well as for use by others of the Chargefox 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 Chargefox 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 Chargefox 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 Chargefox Apps or the Website (if applicable).

2.5 For the purposes of these Terms, the amount payable by you for your use of the Chargefox 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”).

2.5  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 Chargefox terminating your Account.  In the event Chargefox terminates your Account, Chargefox may institute collection proceedings in order to collect any unpaid balance on your Account and any fees, costs or other expenses incurred by Chargefox in connection with its collection efforts. 

2.6 In the event that your RFID Card is lost, stolen or damaged, you must promptly notify Chargefox in accordance with the contact details provided in clause 19.  Chargefox 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.  

2.7 You agree to not attempt to scrape, decompile, data-mine, reverse engineer, disassemble, or otherwise deal with the Chargefox App, Website, Chargefox 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. 

3 Provision of Charging Stations

3.1 Chargefox 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 Chargefox 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  Chargefox may, from time to time, make available the Charging Stations for use by Account holders to charge their EV.  Chargefox 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 Chargefox refuses or suspends access to any or all Charging Stations, Chargefox 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 Chargefox to provide notice. In such circumstances, Chargefox reserves the right to not provide notice.

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

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

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

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

3.6  Chargefox 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.  Chargefox 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 19.

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 Chargefox’ subscription charging service, using your Account to provide anyone other than yourself, access to free charging on the Chargefox Network;  or 

(d)  using the Charging Stations and Chargefox 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 Chargefox 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 Chargefox 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 Chargefox Apps to track your EV’s charge status.

6 Carbon Abatement​

6.1  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 Products (defined under clause 6.3) and/or any Charging Station that utilises our Products which could potentially give rise to the creation of Carbon Credits (defined under clause 6.3 below) are hereby retained by and vested in Chargefox (or persons nominated by Chargefox), unless otherwise provided under the CPO T&Cs.

6.2   Subject to any CPO T&Cs, you agree that Chargefox (or persons nominated by Chargefox) 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 (defined under clause 6.3 below), and that Chargefox may deal with any Carbon Credits as it sees fit, including by assignment or sale to any third party. You agree not to take any action that would create a third-party interest, ownership, encumbrance or other restriction in respect of such Carbon Credits, emission reductions, environmental attributes or related rights.      

6.3   For the purposes of this clause 6:

(a) 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; 

(b) 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 green house gas emissions or equivalence from the atmosphere, including the creation, transfer, renewal, replacement or variation of any associated Carbon Credits; and

(c) Product means any product or service provided by Chargefox including but not limited to the Chargefox Network, Chargefox Apps, Charging Stations and Website.  

7 Charging Stations owned by CPO

7.1 When using a Charging Station on the Chargefox 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).   

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

7.3 Chargefox will use reasonable endeavours to notify you of the Charging Stations on the Chargefox 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 Chargefox Website and/or Chargefox App.  

7.4  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.  

7.5  Chargefox does not guarantee that the CPO T&Cs accessible in these Terms or on the Chargefox 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.

7.6  You agree that Chargefox 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 Chargefox App or Website are not the most up to date version of the relevant CPO T&Cs, and you irrevocably release Chargefox from any such claim.

8 Use of Chargefox Apps

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

8.2  You are responsible for all use of the Chargefox Apps under your Account name.

9 Content of Chargefox Apps and Website

9.1  The Chargefox Apps and Website are owned and operated by or on behalf of Chargefox.

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

9.3  The Content in the Chargefox Apps and on the Website and any other information provided to you is for general information purposes only. You acknowledge and agree that, while Chargefox has attempted to provide accurate information through the Chargefox Apps and on the Website, such information may change frequently and in no event will Chargefox be responsible for the accuracy, usefulness or completeness of the Content in the Chargefox 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, Chargefox does not warrant or make any representations as to any third-party products or services described or referred to in the Chargefox Apps, on the Website or otherwise.  Any use of the Content by another person or organisation is at the user’s own risk.

9.4  The Content in the Chargefox 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 Chargefox Apps or on the Website is not an endorsement of any organisation, product or service.

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

9.6  If you have a complaint regarding any Content in the Chargefox Apps or on the Website, Chargefox will review any written complaint notified to it in accordance with clause 19 and may, at its sole discretion, modify or remove the relevant Content.  

10 Links on the Website

10.1  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.  Chargefox 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.

10.2  Facebook 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.  Chargefox 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.  Chargefox is not responsible for and will not be liable in respect of any incorrect link to an external website.

11 Access to Chargefox Apps and Website

11.1  Chargefox does not guarantee or warrant that you will have continuous access to the Chargefox Apps or Website.  Subject to these Terms, Chargefox will not be liable if the Chargefox 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.

11.2  Chargefox 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.

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

11.4  Chargefox does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Chargefox 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.

12 Indemnity

12.1 You will fully indemnify Chargefox 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, Chargefox Network, the Chargefox Apps and the Website; or

(c)  your communications with Chargefox,

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

12.2  Chargefox 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 Chargefox.

13 Warranties, consumer guarantees and limitation of liability

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

13.2  Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any service supplied by Chargefox 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.

13.3  Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.

13.4  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; 

13.5  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.

13.6  Chargefox 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 Chargefox’s or a CPO's instructions. To the maximum extent permitted by law, you agree to hold Chargefox 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, Chargefox’s or a CPO's instructions, or your obligations under any applicable laws and regulations.

13.7  Chargefox 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 Chargefox Network, the Chargefox 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 Chargefox; or

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

provided that such Consequential Losses are reasonably foreseeable and are not caused by something beyond Chargefox’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).

13.8  You will not be liable to Chargefox for any Consequential Losses incurred by Chargefox which arise in connection with your use of the Chargefox Network, the Chargefox 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).

13.9 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.

13.10  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.

14 Termination of your Account

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

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

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

14.4  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 Chargefox from you of any unpaid balance.

15 Privacy

15.1  In registering for an Account and using the Chargefox Network, Chargefox Apps or Website, you may provide certain personal information to Chargefox and you agree that any information collected by Chargefox may be accessed or collected for use by Chargefox or any of its related companies or business partners in the course of its business (including direct marketing activities) in accordance with Chargefox’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 Chargefox Network that is operated or owned by a third-party CPO, that CPO’s privacy policy will also apply.

15.2  By using the Chargefox Network, Chargefox App or Website you agree that Chargefox may view, monitor, and record your activity (in accordance with the Chargefox 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 Chargefox Network, Chargefox App and Website as well as for disclosures required by or under applicable law or related government agency actions.  Chargefox will also comply with all court orders or subpoenas involving requests for such data and information.

16. Competitors 

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

17. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia 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.

18 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. 

19 Contacting us

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