Effective date: 18/10/2023

1. About the Website

(a) Welcome to www.partage.com.au (Website). The Website allows you to access and use the Partage platform (Services).

(b) The Website is operated by Partage Au, ACN/ABN 67124068673. Access to and use of the Website, or any of its associated products or Services, is provided by Partage Au. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website or any of the Services.

(c) Partage Au reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Partage Au updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept and agree to the Terms.

3. About the Service

(a) Partage is a Software-as-a-Service (SaaS) platform designed to revolutionise electric vehicle (EV) charging. We provide a community-driven network that connects EV owners with home-based charging stations. Through our platform, users can list their charging points, discover available charging spots, manage bookings and points. Our innovative points system incentivises hosting and usage, creating a self-sustaining ecosystem that solves the challenges of limited public charging infrastructure.

(b) A Partage Host (PartageHost) is a registered user of the Partage Au platform who offers their home electric vehicle charging station (referred to as 'ChargeSpot') for use by other registered users (Partage Guests). Partage Hosts are responsible for maintaining their ChargeSpot in compliance with applicable laws and regulations and are bound by the terms and conditions set forth herein regarding the listing, operation, and maintenance of their ChargeSpot.

(c) A Partage Guest (PartageGuest) is a registered user of the Partage Au platform who seeks to utilize a ChargeSpot listed by a Partage Host for the purpose of charging their electric vehicle. Partage Guests are responsible for using ChargeSpots in a manner consistent with applicable laws, regulations, and the terms and conditions set forth herein, including but not limited to safety and conduct guidelines.

(d) Starter (free) plan is currently offered. Pioneer (paid subscription) and Explore (paid subscription) will be added to the plans available in the future as the Platform evolves. You acknowledge and agree that the accounts offered, as well as the account features, may change from time to time, and may be governed by separate terms which apply specifically to the account. Where special account-specific terms apply, you will be informed and must accept those terms before you are given such an account. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by account-specific terms.

(e) Some accounts may be governed by a separate Software Licensing Agreement with Partage Au, which may amend the terms of use. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

4. Acceptable use of the Service

(a) Partage, its related features, and the Website must only be used lawfully. Partage Au reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

(i) To engage in any act that would disrupt the access, availability, and security of Partage and other Partage Au services, including but not limited to:

  • (A) Tampering with, reverse-engineering, or hacking our servers.
  • (B) Modifying, disabling, or compromising the performance of Partage or other Partage Au services.
  • (C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
  • (D) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Partage Au.

(b) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

(c) To stalk, harass or threaten users and any member of the public.

(d) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Partage Au or any third party.

(e) To access or search any part of the Service, or any other Service owned by Partage Au other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

(f) To post, upload, share, or otherwise circulate content in violation of Partage's content policy.

5. Security and Data Privacy

Partage Au takes your privacy seriously and information provided through your use of the Website and/or Services is subject to Partage Au's Privacy Policy, which is available on the Website. The Privacy Policy also addresses Partage Au's processes, policies, and obligations in respect of Partage security breaches.

6. Data Use

Partage Au collects, stores, and processes your data on Partage. The data is used to provide Services to you and facilitate Partage Au's business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Partage Au. The Privacy Policy also addresses Partage Au's processes, policies, and obligations in respect of data encryption and removal requests.

7. Subscription to use the Service

(a) In order to access the Services, you must first select a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member ('Member').

(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(c) Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).

(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name, address, email address and phone number.

(e) You warrant that any information you give to Partage Au in the course of completing the registration process or after will always be accurate, correct and up to date. (f) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member, you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period). (g) You may not use the Services and may not accept the Terms if:

(i) You are not of legal age to form a binding contract with Partage Au; or

(ii) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

8. Third-Party Services

Partage and the Services integrate with third-party services such as, but not limited to, Google Maps or Mapbox Service. Partage Au reserves the right to review and change any of those services as the Services evolve. Partage Au does not control third-party services and is not responsible for their performance. We cannot guarantee the availability or accuracy of mapping data and you use such data at your own risk.

9. Payments

(a) Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

(b) Payments made in the course of your use of Partage may be made using third-party applications and services not owned, operated, or otherwise controlled by Partage Au.

(c) You acknowledge and agree that Partage Au will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Partage services. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

(d) You agree and acknowledge that Partage Au can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

10. Refund Policy

(a) Partage Au offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer's rights under the Australian Consumer Law.

(b) Partage Au will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Partage Au makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

(c) Subscribers may cancel their subscription and request a full refund of the Subscription Fee within seven (7) days of the initial purchase. The 7-day refund policy only applies to first-time purchases and not renewals. The right to cancel and request a refund within this 7-day period is in addition to any other rights under Australian Consumer Law. The refund will be processed to the same payment method used for the initial purchase and may take up to 10 business days to complete.

11. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Partage Au are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website and Platform code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Partage Au or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Partage Au, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

(c) Partage Au does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Partage Au.

(d) Partage Au retains all rights, title and interest in and to the Website and all related services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(e) You may not, without the prior written permission of Partage Au and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

12. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Partage Au will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Partage Au makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Partage Au) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services-related products (including third-party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Partage Au; and

(iv) the Services or operation with respect to links that are provided for your convenience.

13. Limitation of Liability

(a) Partage Au's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Partage Au, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, however, and under any theory of liability. This shall include but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation any other intangible loss.

(c) Partage Au is not responsible for any direct, indirect, incidental, or consequential damages arising out of or related to any third-party transactions between PartageHosts and PartageGuests. This includes, but is not limited to, damages to property, theft, bodily injury, and legal costs.

(d) Partage Au is not a party to the agreement between PartageHosts and PartageGuests and assumes no responsibility for any aspect of the relationship between the two parties. Any liability arising from the relationship or transactions between PartageHosts and PartageGuests is solely their own and not that of Partage Au.

14. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Partage Au as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) not renewing the Subscription before the end of the Subscription Period;

(ii) providing Partage Au with 14 days' notice of your intention to terminate; and

(iii) closing your accounts for all of the services that you use, where Partage Au has made this option available to you.

(c) Any notices pursuant to Clause 13.2 above should be sent, in writing, to Partage Au via the 'Contact Us' link on our homepage.

(d) Partage Au may at any time, terminate the Terms with you if:

(i) you do not renew the Subscription at the end of the Subscription Period;

(ii) you have breached any provision of the Terms or intend to breach any provision;

(iii) Partage Au is required to do so by law;

(iv) the provision of the Services to you by Partage Au is, in the opinion of Partage Au, no longer commercially viable.

(e) Subject to local applicable laws, Partage Au reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Partage Au's name or reputation or violates the rights of those of another party.

15. Indemnity

You agree to indemnify Partage Au, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the website attempts to do so; and/or

(c) information that the user posts or otherwise makes available on the Services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

(d) any breach of the Terms.

(e) any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney fees and costs, related to or arising out of your interactions with other users of the Partage Au platform, including but not limited to any injury, damage, or harm you may cause to other users or any liability arising from your violation of any law or regulation.

16. Dispute Resolution

16.1 Compulsory:

If a dispute arises between any of Partage, a PartageHost, or a PartageGuest, out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

16.2 Dispute Between Partage Users

Any dispute between PartageHosts and PartageGuests should ideally be resolved between the two parties. If a resolution cannot be found and the dispute indirectly involves Partage Au or its services, Partage Au may, but is not obligated to, assist in the resolution of the dispute, provided that both parties consent to such involvement.

16.3 Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

16.4 Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the 'Australian Mediation Association' or the 'Conflict Resolution Service'. Either service could be used, depending on the nature of the dispute;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in a location that is mutually agreed upon by both parties involved in the dispute. Mediation may occur online via secure video conferencing, at the company's primary business location, or at another agreed-upon location suitable to the nature and specifics of the dispute.

16.5 Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

16.6 Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17. Force Majeure

Partage Au shall not be held liable for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond our control and without the fault or negligence of Partage Au.

18. Safety and Conduct

(a) Partage Au is not responsible for the conduct, whether online or offline, of any user of the Services. Users are solely responsible for their interactions with others.

(b) All PartageHosts and PartageGuests are expected to:

(i) Use the Partage Au platform in a respectful, ethical manner, obeying all local, state, and federal laws.

(ii) Not misuse, damage, or make unauthorised use of any ChargeSpot listed on the platform.

(iii) Not engage in discriminatory behaviour, harassment, or abuse toward other users.

(iv) Provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.

Failure to adhere to these guidelines may result in immediate termination of your Partage Au account.

19. Insurance Requirements

It is the responsibility of the PartageHosts and PartageGuests to have valid insurance policies covering all possible damages, liabilities, and risks involved in the hosting and use of electric vehicle chargers. Partage Au is not responsible for ensuring that users maintain adequate insurance.

20. Venue and Jurisdiction

The Services offered by Partage Au are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland.

21. Governing Law

The Terms are governed by the laws of Queensland. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

22. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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