Terms of Service

Last updated: 24 April 2019

These terms and conditions apply to your use of electric vehicle charging equipment (the Equipment), the website located at www.goevie.com.au (the Website), and the mobile application (the Mobile App) provided to you by Fast Cities Australia Pty Limited (ACN 613 484 754) (Evie Networks).

By accessing and/or using any of the Equipment, the Website, the Mobile App and any related services we offer (collectively, the Services), you acknowledge that you have received and read these terms and conditions, and agree to and accept all of the terms and conditions which include our privacy policy located at www.goevie.com.au/privacy-policy/ (Privacy Policy) (collectively, the Terms). If you do not agree to any of the Terms, you should immediately cease using the Services.

In these Terms, ‘us‘, ‘we‘ and ‘our‘ means Evie Networks and our related bodies corporate.

  • Updates to these Terms
    • We may update these Terms from time to time on notice to you (including by posting an updated version on the Website or the Mobile App). Your continued use of, or access to, the Services following notice of any changes to these Terms constitutes acceptance of those changes. If you do not agree to any update to these Terms you must immediately cease using and accessing the Services, and may cancel your Account in accordance with clause 4(e).
    • Notwithstanding clause 1(a), if we wish to modify any subscription plans or subscription fees (in the event we elect to provide a subscription offering), we will provide you with at least 30 days’ notice, except where such change is required by any law or a regulatory authority, in which case we will try to give you reasonable notice. If you do not agree to any modification to your subscription plan or subscription fees, you may cancel your subscription or Account in accordance with clause 4(d).
  • Grant of Licence

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use and access the Services, in accordance with these Terms, for the duration of the term set out in clause 4.

  • Registration
    • You may access the Services as a guest or by registering for an account (Account). You must be an Account holder in order to take advantage of any subscription plans we offer.
    • If you are under the age of 15 years, you must not use the Services or create an Account. If you are 15 years or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an Account or otherwise use the Services, you agree to:
      • supervise the Minor’s use of the Website, the Mobile App and the Account;
      • assume all risks and liabilities associated with the use of the Services, including all use of the Equipment and all amounts payable for the Services;
      • ensure the accuracy and truthfulness of all information submitted; and
      • provide the consents contained in these Terms on behalf of the Minor.
    • If you are a Minor, we may ask you to confirm that you have your parent’s or legal guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to the Services on this basis.
    • As part of the creation of your Account, you will be prompted or assisted to create a user name and password for your Account. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under the Account.
  • Commencement, Suspension, Termination and Cancellation
    • These Terms shall apply from the time you create an Account or use the Services until:
      • you cancel your Account in accordance with this clause 4;
      • we terminate your Account in accordance with these Terms; or
      • we cease to offer the Services for your use.
    • If:
      • you breach these Terms;
      • we suspect (in our sole discretion) that you have committed or intend to commit fraud in connection with the Services; or
      • we consider that you have provided us with information that you know, or ought to know, is false or misleading;

we may (without notice):

  • immediately suspend or terminate your Account and/or access to the Services; and
  • prevent your further access to the Services.
  • To the full extent permitted by law (including Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law)), we will not be responsible for any loss, cost, damage or liability that may arise as a result of us exercising our rights under this clause 4.
  • If you wish to cancel your subscription or Account as a result of us changing your subscription plan or subscription fees or these Terms in a way that has a detrimental effect on your subscription (in the event we elect to provide a subscription offering), you must notify us within 30 days of our notice to you about that change. Your cancellation will be effective as of the later of the date the change takes effect or the date that we receive your notice, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
  • You may request to cancel your Account, or cancel or change your subscription (where applicable), at any time by contacting Evie Networks on 1300 463 843 or admin@goevie.com.au. Unless your cancellation arises under clause 4(d):
    • a cancellation or change to your subscription will take effect at the end of the then-current monthly subscription period, unless you notify us less than 5 business days before the end of the then-current monthly subscription period, in which case, the cancellation or change to your subscription will take effect at the end of the next monthly subscription period; and
    • without limiting your rights under Australian Consumer Law (including any rights to a refund), and unless expressly stated otherwise in these Terms, you acknowledge that in respect of such cancellation there is no resulting right for you to seek a refund for any services.
  • Upon termination or cancellation of your Account, you must cease all use of the Services (except as a guest or under a new Account), and we reserve the right to delete your Account and any associated data.
  • In the event that a technical problem causes system outage or account errors, we may temporarily suspend access to your Account until the problem is resolved.
  • Clauses 4(d), 4(e)(ii), 4(h), 7, 8, 12, 13, 14, 15 and any other clauses which should by their nature survive termination of these Terms, shall survive termination of these Terms.
  • Conditions of access

You agree:

  • to comply with all applicable laws (including any applicable privacy laws);
  • to only use your Account and the Services for your personal non-commercial use and to not allow any person to use or have access to your username or password, other than as permitted by these Terms;
  • to use the Equipment only for its intended purpose of charging an electric vehicle and in accordance with any instructions provided and to not copy, modify, alter, adapt, disassemble, deface, or tamper with any Equipment;
  • that where the Equipment is located and hosted on the property of a third party (Host), to comply with any and all rules set by such Hosts pertaining to their property and the use of the Services, including, but not limited to, general customer or visitor conduct, parking restrictions, parking time limitations and hours of operation;
  • to promptly notify us of any misuse of your Account of which you become aware, including any misuse, loss or theft of any radio-frequency identification card (RFID Card) linked to your Account;
  • to not do any act that we would consider inappropriate or unacceptable, acting reasonably;
  • to not, in connection with your Account, any payment or the Services, provide any information that you know is false or misleading;
  • to not copy, modify, merge, alter, adapt, translate, de compile, gain unauthorised access to, disassemble or reverse engineer any aspect of the Website or the Mobile App or to otherwise attempt to derive the source code relating to any aspect of the Website or the Mobile App, or to merge any software or any part of any software with any aspect of the Website or the Mobile App unless expressly permitted by these Terms;
  • to not upload files that contain viruses or other harmful code to the Website or the Mobile App or that are in violation of or detrimental to network security;
  • to not use any data mining, gathering or extraction tools (excluding tools provided by the Website or the Mobile App for your use);
  • to not use post or transmit to the Website or the Mobile App any unauthorised material including but not limited to material that is, in our sole discretion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise;
  • to not remove, modify or obscure any copyright, trade mark, service mark, tagline or other notices that appear during use of the Services; and
  • if we allow you to post any information to the Website or the Mobile App, that we have the right to take down the information at our sole discretion and without notice.
  • Payments
    • You may pay per use of the Equipment to charge your electric vehicle, either via your Account or as a guest. Where you are an Account holder, you may request an RFID Card via the Mobile App to facilitate your payments.
    • Where payment is processed on a per use basis, pricing and payment methods accepted will be listed on the Mobile App.
    • You are responsible for all payments associated with your Account (including all payments associated with the use of your RFID Card, where you have requested one).
    • Evie Networks may also elect to offer a number of subscription plans to Account holders for use of the Equipment. Subscription plans may have differing subscription fees, conditions and limitations, which will be made available during sign-up and at www.goevie.com.au.
    • Where you sign up to a subscription plan, your subscription plan will continue month-to-month until cancelled. Your subscription fees and any other charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method on the calendar day corresponding to the first payment made for your subscription. In some cases your payment date may change, for example if your payment method has not successfully settled or if your subscription began on a day not contained in a given month.
    • Where you sign up to a subscription plan and your subscription fees are not paid in a timely manner, we will use reasonable efforts to notify you of the non-payment. Late payment fees (to compensate us for our reasonable costs incurred due to your late payment) as outlined at www.goevie.com.au as updated and amended from time to time, will apply and we may disable your Account.
    • Evie Networks may offer promotions, discounts or memberships, including free periods, (Promotional Offers) including those offered in conjunction with third parties. We are not responsible for the products and services provided by third parties. We reserve the right to offer, withdraw, cancel, change or determine your eligibility for any Promotional Offer in our absolute discretion.
    • Where any payment that you make is not authorised by your credit card or bank provider, your purchase will not be processed and you will remain liable for the relevant payment.
    • Evie Networks uses third party merchant facilities to process payments. Accordingly, Evie Networks is not responsible for, and does not have any control over, any third party merchant facilities and any transaction fees that such merchants may charge. You acknowledge and agree that to the maximum extent permitted by law (including the Australian Consumer Law), Evie Networks will not be liable for any loss or damage arising out of any use of a third party payment gateway. You should read and understand the terms of the third party merchant facilities before using them.
    • If purchasing through the iOS or Android Mobile App, the terms and conditions of the Apple App Store, Google Play (or such other Android application store), as applicable, will also apply to the purchase. This may include, for example, the prices displaying in the local currency of the App Store, Google Play (or such other Android application store) in which your mobile device was registered.
    • Unless expressly stated otherwise, all prices and subscription fees are GST inclusive.
  • Privacy
    • During the registration process, you will provide us with personal information including your name, address, email address, telephone number, payment details and car make and model.
    • We collect personal information about you in order to process your registration, allow you to use the Services, process payments in connection with the Services and offer and assess your interaction with Promotional Offers (including those offered in conjunction with third parties). We also collect your personal information from and may disclose your personal information to Hosts, in order to analyse your usage of the Services and other goods and services offered by Hosts and to promote and market their and our products and services to you, as further described in clause 7(f)
    • We may disclose that information to third parties that help us deliver our Services (including Hosts, information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with the Services. We may disclose personal information outside of Australia to our third party suppliers and service providers located in overseas countries including but not limited to the United States of America.
    • Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. Our Privacy Policy can be found at www.goevie.com.au/privacy-policy/. If you would like any further information about our privacy policies or practices, please contact us at admin@goevie.com.au or 1300 463 843.
    • By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
    • By creating an Account or using the Services, you consent to Evie Networks and its related bodies corporate using and disclosing your personal information to our trusted business partners (including Hosts) to promote and market their and our products and services, promotions and upcoming events (including for example by way of direct mail and email, telemarketing, targeted digital advertising, SMS, MMS messages, and notifications and alerts to your mobile device). If at any time you no longer want to receive such marketing or promotional offers from Evie Networks or any of its related bodies corporate or trusted business partners, you may simply opt out by changing your communication preferences for your Account on our Website or Mobile App, following the unsubscribe instructions on the relevant communication or sending an email to admin@goevie.com.au.
  • Intellectual property rights
    • Unless otherwise indicated, we own or license from third parties all rights, title and interest (including all copyright and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio and software) made available on the Website or the Mobile App (Content).
    • Your use of the Services and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Services or the Content, except for the licence expressly granted to you in these Terms. You agree that we own, and you hereby assign to us, all intellectual property rights in any suggestions, ideas, feedback or other information that you provide to us from time to time.
  • Communications
    • Communications between you and Evie Networks may be conducted by email, mail, telephone, online, or by other electronic means that we offer from time to time. Any instructions that you give to us in any such manner will have the same legal effect as if you gave them to us in original written form. You agree that all telephone calls and electronic communication may be recorded by us and kept by us as a record of your instructions.
    • You are responsible for the accuracy of your instructions. It is important that you promptly review your payment history and/or any account statements that you may receive to ensure that any payments associated with your Account and/or use of the Services are accurate.
  • Customer Support
    • For troubleshooting, please see our guide on the Mobile App and at www.support.goevie.com.au
    • In the event of any Equipment malfunction or other technical issue regarding your use of the Services, please call 1300 463 843 or email admin@goevie.com.au.
  • Updates, Enhancements and Outages
    • Planned and emergency maintenance or upgrades to the Website, the Mobile App and/or the Equipment from time to time may cause outages and may affect your ability to access the Services. We will use our reasonable endeavours to limit such incidents.
    • Subject to the Australian Consumer Law, Evie Networks shall not be liable for outages, delays, interruptions, service failures and other problems inherent in the use of the internet and electronic communications or other platforms outside our reasonable control, extent that such impairment is a direct result of our fraud, negligence or wilful default under these Terms.
  • Warranties and disclaimers
    • To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations as to the standard, reliability, timeliness, quality, suitability, availability, accuracy, adequacy or completeness of the Services, any Content, or any goods, services, content or Promotional Offers offered or provided by any third parties (including Hosts), nor do we warrant that:
      • the use of the Services will be secure, timely, uninterrupted or error-free;
      • the Services will operate in combination with any electric vehicle or other hardware, software, system, or data;
      • the Services (or any products, services, information, or other material purchased or obtained by you through the Services) will meet your requirements or expectations;
      • any stored data will be accurate or reliable or will not be lost or corrupted;
      • errors or defects will be corrected; or
      • the Website or the Mobile App (or any server(s) that make a hosted service available) are free of viruses or other harmful components.
    • The Services and all other products are provided “as is” and to the extent permitted by law, including the Australian Consumer Law, we disclaim any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express or implied.
  • Liability
    • To the maximum extent permitted by law, including the Australian Consumer Law:
      • we are not liable to you or anyone else if interference with or damage to your vehicle, computer or mobile phone occurs in connection with the use of the Services, including as a result of any viruses or harmful components (although we use reasonable endeavours to ensure that our Services are free of viruses and other harmful components);
      • we are not responsible for any loss or damage you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to access information related to your Account (and you acknowledge that information sent over the Internet may not be completely secure and that the Internet and related online systems may not function at all times);
      • although we make commercially reasonable efforts to minimise any known risks associated with the use of the Services, we are not liable to you or anyone else for any loss, injury or death which occurs in connection with the use of the Services, including where the Services are used in an unreasonable manner or other than for their intended purpose;
      • we are not liable to you or anyone else in connection with any goods, services, content (including advertising materials) or Promotional Offers offered or provided by any third parties, including Hosts;
      • we are not liable for your actions or conduct on Host sites, whether in connection with the use of the Services or otherwise; and
      • in no event shall we be liable for any Consequential Loss which may be suffered due to your use of the Services or as a result of the inaccessibility or unavailability of the Services and/or the fact that certain information or materials connected with the Services are incorrect, incomplete or not up-to-date. For the purposes of these Terms, Consequential Losses means any indirect or consequential loss (not being a loss which arises naturally as a result of a breach of these Terms or other event the subject of the relevant claim), which may include loss of profits, loss of income, loss of data, loss of or damage to goodwill, or loss of business opportunities.
    • Under Australian law, you have certain rights (including to refunds) that cannot be limited or excluded, and nothing in these Terms (including the following sentence) seeks to limit or exclude any of those rights. Subject to clause 4(d), to the extent permitted by law (including the Australian Consumer Law), payments you make to us (including all payments associated with your Account) are non-refundable, and Evie Networks’ liability for the Services shall be limited to reperformance or resupply of the Services to you.
    • You are solely responsible for any damage, fees, penalties or loss caused by your non-compliance with any Host rules.
  • Jurisdiction and governing law

These Terms and your use of the Services are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

  • Severability

If any provision of these Terms is invalid or unenforceable, such provision shall not affect the validity and enforceability of any of the remaining terms and conditions.

  • Contact us

If you have any questions in relation to these Terms, please do not hesitate to contact us at:

Email: admin@goevie.com.au

Phone: 1300 463 843

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