Effective Date: February 14, 2014
Please read this ChargePoint Account Agreement carefully. ChargePoint offers ChargePoint Cards branded with the ChargePoint name, or, in some instances, with the brand of a third party (each, a “Branding Affiliate”). Regardless of such branding, ChargePoint remains solely responsible for the operations of ChargePoint, including, ChargePoint Cards. Except with respect to the negligence or wilful misconduct of a Branding Affiliate, you agree to release and hold harmless all Branding Affiliates from any causes of action related to the ChargePoint Cards. By opening a ChargePoint account and/or using the ChargePoint Card, you agree to the following terms:
General: ChargePoint is in the business of, among other things, collecting, on behalf of owners (“Hosts”) of charging stations for electric vehicles, fees charged to users by such Hosts for access to their charging stations. By entering into this ChargePoint Account Agreement (“Agreement”) with ChargePoint, you may purchase one or more radio frequency identification card(s) known as “ChargePoint Cards” that will permit you access to those charging stations on ChargePoint (each, a “ChargePoint Enabled Charging Station”) that you are authorised to use. This Agreement accompanies and is part of each ChargePoint Account Application. By submitting a ChargePoint Account Application, you acknowledge and consent to the terms of this Agreement.
ChargePoint Flex Billing: Your ChargePoint Card may be used to pay Session Fees on any publicly accessible ChargePoint Enabled Charging Stations, and on any private ChargePoint Enabled Charging Station you are allowed to use. When using your ChargePoint Card for payment of Session Fees, your card will be read by the applicable ChargePoint Charging Station and a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured by the Host. It is your responsibility to be aware of the price charged by the Host for access to the applicable ChargePoint Enabled Charging Station. If you use, or allow another person to use, your ChargePoint Card on any ChargePoint Enabled Charging Station, you agree to pay the fees specified by the Host. You agree that ChargePoint may share with the Host any information contained in this ChargePoint Account Agreement for purposes of processing and collecting session fees, and enforcing Network policies.
Minimum Account Balances, Fees and Charges:
In the event that the balance in your ChargePoint Account cannot be replenished because payment on your credit card is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, ChargePoint may close your account and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at ChargePoint’s sole option, all fees, costs or other expenses (including, without limitation, reasonable attorneys fees) incurred by ChargePoint in connection with its collection efforts.
Using the ChargePoint Website or Mobile Applications: You may access and use ChargePoint’s Website and mobile applications to obtain information regarding ChargePoint Enabled Charging Station locations, trip mapping and other content and features that ChargePoint may make available. Use of the ChargePoint Website and mobile apps is subject to ChargePoint’s website terms and conditions [https://www.chargepoint.com.au/terms] and ChargePoint’s mobile application terms and conditions. You are responsible for all use of the ChargePoint Website and mobile apps under your user name. You acknowledge and agree that ChargePoint may modify the ChargePoint Website and mobile apps in any way and at any time, with or without notice. You further acknowledge and agree that, while ChargePoint has attempted to provide accurate information on the ChargePoint Website and mobile apps, such information may change frequently and in no event will ChargePoint be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the ChargePoint Website or mobile apps, or that any such information, materials, or other content is the most up-to date.
Offers from ChargePoint Partners: From time to time, you may receive offers through ChargePoint from other organisations. Acceptance and performance under those offers is strictly between you and those organisations. ChargePoint does not assume responsibility for any performance by these organisations and you agree to look solely to them, and to release ChargePoint from any liability, with respect to any offers you accept. These organisations conduct business for themselves and are not part of the ChargePoint business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personally identifying information you provide to them.
Termination: Either Party may terminate this Agreement at any time and for any reason. If ChargePoint requests, or if you wish to terminate this Agreement, you must return all of your ChargePoint Cards to ChargePoint Customer Service. Upon termination and your return of your ChargePoint Card(s), your account balance will be refunded to the credit card on file with your account within thirty (30) days of ChargePoint’s receipt of your ChargePoint Card(s). Following any termination, you remain responsible for payments owed under this Agreement. If your account balance is insufficient to cover outstanding charges, you will remain liable for all such amounts. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, and you may be subject to collection actions for any unpaid balance.
Changes: ChargePoint reserves the right to change the terms of this Agreement at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with ChargePoint. You will be deemed to have received such notice ten (10) days after that notice is sent. Such changes will not be effective with respect to you unless you use a ChargePoint Card after the deemed notice date. You agree that all changes become applicable to you when you use your ChargePoint Card(s) after that date.
DISCLAIMER OF WARRANTIES: YOURUSE OF THE CHARGEPOINT CARDS IS AT YOUR SOLE RISK. THE CHARGEPOINT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHARGEPOINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHARGEPOINT MAKES NO WARRANTY THAT (i) THE CHARGEPOINT CARD WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE CHARGEPOINT CARD WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity: You agree to indemnify, protect, and hold harmless ChargePoint and its directors, officers, employees, agents and distributors, and Hosts, and their respective directors, officers, employees and agents (collectively, the "Indemnitees") from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the ChargePoint Card(s) or otherwise for your negligence or misconduct.
Limitation of ChargePoint’s Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHARGEPOINT SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHARGEPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE CHARGEPOINT CARDS.
To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnitees from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the ChargePoint Card(s) issued to you, including the use of the ChargePoint Charging Stations. You agree that none of the Indemnitees will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law. Your sole and exclusive remedy against Indemnitees will be replacement of any defective ChargePoint Card(s).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.
Governing Law; Arbitration: This Agreement is to be construed according to the laws of the State of Victoria, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law. Any dispute arising from or relating to this Agreement shall be arbitrated in Melbourne, Victoria. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees and costs.
Communications: Please address all inquiries and notices to ChargePoint Customer Service in your region:
Australia and New Zealand:
Address: 2 North Drive, 236-262 East Boundary Road, Bentleigh East 3165 Australia
Telephone: AU 1300 300 885 or NZ 0800 300 885