Terms and Conditions

Website Terms and Conditions of Use

Elanga (Pty)Ltd

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.

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