STANDARD TERMS AND CONDITIONS OF TRADE FOR A CHARGE STAR GENIE ACCOUNT.
E-Station Pty Ltd Unit 4, 146 Balcatta Rd. Balcatta WA 6021. Ph: 08 6102 1285. Fax: 08 9240 2361. ACN 141 206 840, ABN 52141206840.
E-Station is in the business of, among other things, collecting, on behalf of providers (the Provider) of charging stations for electric vehicles, fees charged to users by such providers for access to their charging stations. By entering into this E-Station Account Agreement (“Agreement”) with E-Station, you may purchase one or more radio frequency identification card(s) known as “CHARGE STAR GENIE Cards” that will permit you access to those charging stations on the E-Station network that you have been authorised to use by the Provider. This Agreement accompanies and is part of each EStation Account Application. By submitting an E-Station Account Application, you (the User) acknowledge and consent to the terms of this Agreement.
Terms Of The Agreement. The User must:
1. Pay all fees for access to a charging station initiated by the user in any manner, including, without limitation, your CHARGE STAR GENIE card(s) at a station, remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology.
2. Use the CHARGE STAR GENIE Card solely in accordance with instructions provided to you by EStation.
3. Obey all applicable laws and regulations, as well as any policies and rules of the owner of the charging station and/or the owner of the property on which the charging station is located.
4. Promptly review your statement and notify E-Station Customer Service of any questions regarding charging fees. Fees not questioned within 30 days of notice will be deemed valid.
5. Promptly update online any changes to your name, email address, mailing address, telephone number, and any applicable financial account information, including, without limitation the applicable credit card number or bank account, expiration date and billing address when that new information is first known. You remain liable for all charging fees billed to your account until you have notified E-Station Customer Service of any changes in your CHARGE STAR GENIE Card(s) or until you have cancelled your account.
6. Be aware of the price charged by the Provider for access to any charging station on the E-Station Network. If you use, or allow another person to use your CHARGE STAR GENIE Card on any charging station connected to the E-Station network you agree to pay the fees specified by the Provider. You agree that E-Station may share with the Provider any information contained in this CHARGE STAR GENIE Account Agreement for purposes of processing and collecting charging fees, and enforcing network policies.
8. Agreed to pay invoices issued by E-Station on behalf of the Provider in respect of charging fees incurred by the User on the E-Station network. Payment terms are seven days from the invoice date. Invoices are sent by email only.
9. Agree that E-Station reserves the right to unilaterally terminate an account on the E-Station network.
10. Report the loss or theft of a CHARGE STAR GENIE Card by informing E-Station Customer Service immediately. The User remains liable for all charging fees incurred on their E-Station Card until they have notified E-Station Customer Service that their CHARGE STAR GENIE Card has been lost or stolen.
Access To Website And Applications
11. You may access and use E-Station ’s CHARGE STAR GENIE website and mobile applications to obtain information regarding the E-Station network, route mapping and other content and features that E-Station may make available. Use of the E-Station CHARGE STAR GENIE Website and mobile apps is subject to the E-Station CHARGE STAR GENIE website terms and conditions and the E-Station mobile application terms and conditions. You are responsible for all use of the EStation CHARGE STAR GENIE Website and mobile apps under your user name. You acknowledge and agree that E-Station may modify the E-Station CHARGE STAR GENIE website and mobile apps in any way and at any time, with or without notice. You further acknowledge and agree that, while E-Station has attempted to provide accurate information on the E-Station CHARGE STAR GENIE Website and mobile apps, such information may change frequently and on no account will E-Station be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the E-Station CHARGE STAR GENIE Website or mobile apps, or be responsible for ensuring that this information is up to date.
12. Either Party may terminate this Agreement at any time and for any reason. If E-Station requests, or if you wish to terminate this Agreement, you must return all of your E-Station CHARGE STAR GENIE Cards to E-Station Customer Service. Following any termination, you remain responsible for payments owed under this Agreement. 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 charges.
Changes to the agreement.
13. E-Station 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 E-Station. 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 an E-Station CHARGE STAR GENIE Card after the deemed notice date. You agree that all changes become applicable to you when you use your E-Station Card(s) after that date
14. YOUR USE OF THE E-STATION CHARGE STAR GENIE CARDS IS AT YOUR SOLE RISK. THE E-STATION CHARGE STAR GENIE CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. E-STATION 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. E-STATION MAKES NO WARRANTY THAT (i) THE CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.
19. This Agreement is to be construed according to the laws of the State of Western Australia, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of legal provisions that would require application of another choice of law. Any dispute arising from or relating to this Agreement shall be arbitrated in Western Australia. 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 appropriate fees and costs.