1. About the Website
1. 1.Welcome to www.elanga.com.au (the ‘Website’). The Website EV Charging,
E’mobility Management, Payment, User Identification, System Design,
Consulting, Project Management, Educational (the ‘Services’).
1. 2.The Website is operated by Elanga PTY. LTD. (ACN 642431829) . Access to and use
of the Website, or any of its associated Products or Services, is provided by
Elanga. Please read these terms and conditions (the ‘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 Services, immediately.
1. 3.Elanga reserves the right to review and change any of the Terms by updating this page
at its sole discretion. When Elanga 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
2.1.You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Elanga in the user interface.
3. Subscription to use the Services
3. 1.In order to access the Services, you must first purchase a subscription through the
Website (the ‘Subscription’) and pay the applicable fee for the selected
Subscription (the ‘Subscription Fee’).
3. 2.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.
3. 3.Once you have purchased the Subscription, you will then be required to register
for an account through the Website before you can access the Services
(the ‘ Account’).
3. 4.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:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password
(f) Make and Model of EV
3. 5.You warrant that any information you give to Elanga in the course of completing the
registration process will always be accurate, correct and up to date.
3. 6.Once you have completed the registration process, you will be a registered member of
the Website (‘Member’) and agree to be bound by the Terms. 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 (the
‘Subscription Period’).
3. 7.You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Elanga; or
(b) 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.
4. Your obligations as a Member
4. 1.As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties,
is strictly prohibited. You agree to immediately notify Elanga of any
unauthorised use of your password or email address or any breach of
security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Elanga providing
the Services;
(e) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Elanga;
(f) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result
in termination of the Services. Appropriate legal action will be taken by
Elanga for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
5. Payment
5. 1.Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a) Electronic funds transfer(‘ EFT ‘) into our nominated bank account
(b) Credit Card Payment (‘Credit Card’)
(c) Pre Payment or Invoice based
5. 2.All payments made in the course of your use of the Services are made using Stripe.
In using the Website, the Services or when making any payment in relation to
your use of the Services, you warrant that you have read, understood and
agree to be bound by the Stripe terms and conditions which are available on
their website.
5. 3.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 .
5. 4.You agree and acknowledge that Elanga 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 Period.
6. Refund Policy
Elanga 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 Elanga 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 (the ‘Refund’).
7. Copyright and Intellectual Property
7. 1.The Website, the Services and all of the related products of Elanga 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, code, scripts, design elements and interactive features) or the Services
are owned or controlled for these purposes, and are reserved by Elanga or its
contributors.
7. 2.All trademarks, service marks and trade names are owned, registered and/or licensed
by Elanga, who grants to you a worldwide, non-exclusive, royalty-free, revocable
license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial
use.
Elanga does not grant you any other rights whatsoever in relation to
the Website or the Services. All other rights are expressly reserved by
Elanga.
7. 3.Elanga 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:
(a) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(c) a 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.
7. 4.You may not, without the prior written permission of Elanga and the permission of any
other relevant rights owners: broadcast, republish, up-load 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.
8. Privacy
8. 1.Elanga takes your privacy seriously and any information provided through your use of
the Website and/or Services are subject to Elanga’s Privacy Policy, which is
available on the Website.
9. General Disclaimer
9. 1.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.
9. 2.Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) Elanga 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), in equity, pursuant to statute or
otherwise.
9. 3.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 Elanga make any express or
implied representation or warranty about the Services or any products or Services
(including the products or Services of Elanga) referred to on the Website, includes
(but is not restricted to) loss or damage you might suffer as a result of any of the
following:
(a) 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;
(b) 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);
(c) costs incurred as a result of you using the Website, the Services or any of
the products of Elanga; and
(d) the Services or operation in respect to links which are provided for your
convenience.
9. 4. If any charging adaptors are used at public stations, Elanga will not take liability for any damages.
10. Limitation of liability
10. 1. Elanga’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.
10. 2. You expressly understand and agree that Elanga, its affiliates, employees, agents,
contributors and licensors shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred
by you, however caused 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 and any other intangible loss.
11. Termination of Contract
11. 1. The Terms will continue to apply until terminated by either you or by Elanga as set
out below.
11. 2. If you want to terminate the Terms, you may do so by:
(a) providing Elanga with 30 days days’ notice of your intention to terminate;
and
(b) closing your accounts for all of the services which you use, where Elanga
has made this option available to you.
Your notice should be sent, in writing, to Elanga via the ‘Contact Us’ link on our
homepage.
11. 3. Elanga may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Elanga is required to do so by law;
(c) the provision of the Services to you by Elanga is, in the opinion of Elanga,
no longer commercially viable.
11. 4. Subject to local applicable laws, Elanga reserves the right to discontinue or cancel
your membership 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 Elanga’s name or reputation or violates the rights of those of another
party.
12. Indemnity
12. 1. You agree to indemnify Elanga, 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 or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
13. 1. Compulsory:
If a dispute arises 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).
13.2. 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.
13.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a) Within 2 weeks 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, 30 days days after the date of the Notice, the Dispute
has not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the Australian
Mediation Association or his or her nominee;
(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 pre-condition to the mediation
commencing. The Parties must each pay their own costs associated with
the mediation;
(d) The mediation will be held in Gold Coast, QLD, Australia.
13.4. 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.
13.5. Termination of Mediation:
If 2 Weeks 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.
14. Venue and Jurisdiction
The Services offered by Elanga is 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, Australia.
15. Governing Law
The Terms are governed by the laws of Queensland, Australia. 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.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and
declare the Terms are not against public policy on the grounds of inequality or bargaining
power or general grounds of restraint of trade.
17. 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.
Approved by
Full Name: William Wepener
Date: 25/11/2020