Innovation_Vicinity-ENGIE-Charger
Electric Vehicle Charging Station
Terms and Conditions

Overview

Welcome to this electric vehicle charging station (‘Charging Station’). This Charging Station is operated by Vicinity Centres ('Vicinity', 'we' ‘us’ or 'our').

Vicinity Centres owns, develops and manages shopping centres and mixed-use properties across Australia and is made up of Vicinity Limited ABN 90 114 757 783, Vicinity Centres Trust ARSN 104 931 928 and their respective controlled entities, including Vicinity Centres PM Pty Ltd ABN 96 101 504 045. 

By accessing and using one of our Charging Stations, including to charge your electric vehicle (‘EV’), you acknowledge that you have read and agree to these terms and conditions (‘Terms’) which may be updated from time to time.

If you do not agree to these Terms, you must not access or use our Charging Stations. 

1. Charging Station instructions, charges and account creation

Always follow the step-by-step instructions provided in connection with the Charging Station. You must set up an account with Chargefox prior to using the Charging Station.   

You understand and acknowledge that you are financially responsible for your use of our Charging Stations and agree to pay all applicable fees.  

2. Availability of Charging Stations

We endeavour to make our Charging Stations available for use. However, you understand and acknowledge that sometimes things happen which may impact the availability of our Charging Stations.

We reserve the right, at our sole and absolute discretion and at any time, to change, restrict, refuse or suspend access to any or all our Charging Stations to any person:

a) if we have reason to believe that person is, or will be, in breach of these Terms;

b) if a Charging Station requires updates, maintenance or upgrades;

c) if we have reason to believe that a Charging Station is being used unethically or contrary to law;

d) if a Charging Station has an error, interruption, defect, delay in operation or any other circumstances beyond our reasonable control, impacting the availability of that Charging Station;

e) in any other circumstance which we feel, in our discretion, and subject to any laws, is appropriate.

3. Use of Charging Stations and Fair Use

When using a Charging Station, you must:

a) take reasonable care for your own health and safety and the health and safety of those around you;

b) comply with the Charging Station instructions; and

c) ensure your EV and charging cable (if required) is compatible with the Charging Station and in good working order.

4. Idle Fee

In consideration of others who may need to use a Charging Station, you agree that you will move your vehicle when it has finished charging.

We may notify you of an idle fee, which you agree to pay if your vehicle is occupying the Charging Station space, but no longer charging.

5. Liability

Some consumer guarantees cannot be excluded under the Australian Consumer Law (‘ACL). Where permitted by law, our liability under those guarantees are limited to the replacement, re-supply or repair of the relevant goods or services. To the fullest extent permitted by law and subject to your statutory rights, the Charging Stations are provided to you "as is" and "as available" without any voluntary warranty of any kind and your use of a Charging Station is at your own risk.

Subject to clause 6 and liability that cannot be excluded, the maximum aggregate liability of either party to the other for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability in negligence or in tort or for any other common law or statutory action, is limited to the greater of $10,000 and the insurance proceeds actually received by for the purposes of compensating for those losses, damages and claims.

6. Indemnity

You indemnify us against all loss arising directly from your deliberate misconduct, criminal act or breach of these Terms relating to your access and use of our Charging Stations, except to the extent that such loss is directly caused by our negligence, act or omission.

7. Miscellaneous

Our rights under these Terms may only be waived in writing signed by us.

If any of these Terms are determined to be invalid, unlawful or unenforceable, such terms must be read down to the extent necessary to prevent that part of these Terms being invalid, voidable or unenforceable, and if a term would not be invalid, unlawful or unenforceable if a word or words were removed, then those words will be deleted.

These Terms and your use of our Charging Stations are governed by the laws of the state of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria with respect to all matters concerning these Terms and or Charging Stations.