LINGA NETWORK PTY LTD | ELECTRIC VEHICLE CHARGERS
- Introduction to Linga’s Electric Vehicle Chargers
These terms and conditions (“T&Cs“) govern your use of Linga Network’s Electric Vehicle Charging Stations. By using an Electric Vehicle Charging Station, you agree to be bound by these T&Cs.
2. Definitions and Interpretation
In these T&Cs, unless the context requires otherwise:
“Electric Vehicle” or “EV” means a motor vehicle, regardless of whether it is owned by you, that is a battery electric vehicle or a plug-in hybrid electric vehicle, in each case which is registered for use on Australian roads;
“EV means any Linga Network owned and branded EV charging station;
“Linga“, “Linga Network“, “our“, “us” or “we” means Linga Network Pty Ltd ACN 646 164 196; and
“You” or “your” means both the person using the Electric Vehicle Chargers and / or the owner of the EV.
3. Change of T&Cs
Linga Network may amend these T&Cs from time to time at is discretion. Each time you use any Electric Vehicle Chargers you agree to be bound by the then current T&Cs, as published on the Linga Network website (www.linga.network).
4. Our Services
- We make Electric Vehicle Chargers Stations available for use by the general public to charge your EV.
- We do not guarantee, and are under no obligation to ensure, the availability, or compatibility of any EV Charging Stations with your EV, or the performance of EV Charging Stations at any particular day or time. You should refer to your EV’s owner’s manual and/or speak to your EV’s manufacturer for information regarding your EV’s compatibility.
- We reserve the right, in our absolute discretion, to control the electricity supply to, or the output (if any) of, EV Charging Stations at our convenience (primarily for maintenance or replacement).
- We reserve the right, at our discretion for any reason and at any time, to refuse or suspend access to any or all EV Charging Stations to any person (including but not limited to any person found in breach of these T&Cs).
- The main point of contact for this service is the local council or councils connected to the location of a particular EV Charging Station. Linga Network does not accept responsibility for the power supply provided by any of the local council or councils, or the power company supplying electricity to any EV Charging Stations.
- We will use reasonable endeavours to keep EV Charging Stations fit for use and free from any faults, errors or defects. If there are any faults, errors or defects, or if you have any issue with any EV Charging Stations, please contact us. You can call us on 1800 942 982.
5. Your usage
- Your use of an Electric Vehicle Charging Station must be fair, reasonable and not excessive. We reserve the right to immediately suspend, modify or restrict your access to any or all EV Charging Stations if we consider your use to be in breach of this clause.
- If your EV is compatible with EV Charging Stations, you agree to use or attempt to use EV Charging Stations only to charge your EV.
- If your EV is not compatible with EV Charging Stations, you agree that you will not use or attempt to use EV Charging Stations to charge your EV.
- If your use of any EV Charging Stations is for or in connection with the purposes of a business, you agree that, to the maximum extent permitted by law, the Australian Consumer Law does not apply.
- Each EV Charging Station may itself collect certain statistical information of a general (but not personal) nature concerning the use of that Electric Vehicle Chargers. You agree that Linga Network may collect such information so that Linga Network may use it in the course of Linga Network’s business, including statistical analysis of in-demand locations, where EV drivers are travelling, duration of stay and other such information.
6. Your obligations
- When using EV Charging Stations, you acknowledge and agree that you are obligated to take steps to ensure the health and safety of each of yourself, other members of the public and persons who maintain or deal with the EV Charging Stations (“Affected Persons“). This includes obligations which may be imposed on you by applicable Australian State/Territory and/or Federal laws and regulations from time to time.
In particular (but without limitation), you agree that at all times whilst present at the location of an EV Charging Station and whilst using (or attempting) to use any EV Charging Station, you must (including as required by applicable laws and regulations):
- exercise all reasonable care for the health and safety of all Affected Persons, as well as to not cause any damage to any Electric Vehicle Chargers or the surroundings at the location of an EV Charging Station;
- take reasonable care that your acts or omissions do not adversely affect the health and safety of Affected Persons, as well as to not cause any damage to any EV Charging Station or the surroundings at the location of an Electric Vehicle Charging Station; and
- comply, as far as you are reasonably able to, with any reasonable instruction that is given by Linga Network. (Any reasonable instruction includes, but is not limited to, you following the relevant EV owner’s manual, and the instructions for use which are set out at EV Charging Stations and on our website (which may be amended by Linga Network at our discretion)).
- You warrant to us that each time you access and/or use an Electric Vehicle Charging Station:
- your EV has a current warrant of fitness and registration;
- you have read these T&Cs, your EV’s owner’s manual, relevant instructions set out at the EV Charging Stations and our website (as most recently updated at the relevant time); and
- the EV does not present any danger or risk to any other vehicles or persons or to the condition or operation of EV Charging Stations.
- Where you are not the owner of the EV accessing and/or using the EV Charging Stations, you warrant that:
- you are authorised by the owner of that EV to use the EV Charging Stations; and
- you have authority to bind the owner to these T&Cs.
- You acknowledge that we are not supervising your use of EV Charging Stations and that you are undertaking such use using your own informed judgment and at your own risk. Subject to clause 8, to the maximum extent permitted by law you irrevocably release and hold Linga Network harmless against any and all liability, claims, proceedings, costs, expenses, damages or other loss suffered or incurred by you or any third party in connection with such use by you.
- To the maximum extent permitted by law, you also indemnify Linga Network for and against any liability, claims, proceedings, costs, expenses, damages or other loss suffered or incurred by Linga in connection with your breach of any obligation set out in this clause 6.
- In this clause, “Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth) (“Privacy Act“).
- You acknowledge and agree that any Personal Information collected by Linga Network may be accessed or collected for use by Linga Network in the course of its business (including limited direct marketing activities), for the purpose of facilitating the administration of the EV Charging Stations, analysis of data relating to site use / distance EV drivers travelled or time spent in locations; promoting new site locations to you that Linga Network reasonably believes that you may be interested in; and for such other purposes which you may, from time to time, provide your consent.
- You acknowledge and agree that we may disclose your Personal Information to third parties in connection with incidents in connection with your access and/or use of the EV Charging Stations which result in damage to you, your EV, an EV Charging Station or the surroundings at the location of an EV Charging Station.
- Nothing in these T&Cs shall affect or limit any rights that you may have under the Australian Consumer Law and/or the Competition and Consumer Act 2010 (Cth). Each of clauses 2, 8.3 and 8.4 is to be read to include a statement of “To the maximum extent permitted by law” at the beginning of each clause.
- Linga Network will not be liable to you for any damage of any kind to you or your EV; whether arising from a failure by you to comply with your obligations under clause 6 or otherwise, except to the extent provided in clauses 3 and 8.4.
- Linga Network will not be liable to you for any loss or damage to you or your EV unless, and to the extent that, such loss or damage is directly caused by:
- the gross negligence of Linga Network; or
- the wilful breach of Linga Network of any of its obligations under these T&Cs.
Any such loss or damage must be reasonably foreseeable, and not be caused by something beyond Linga Network’s control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event or any breach by you of these T&Cs).
- Where Linga Network is liable for loss or damage to you or your EV under these T&Cs, Linga Network will not be liable to you for any other loss or damage arising (whether direct or indirect, special or consequential, pecuniary or non-pecuniary, and whether arising in tort (including negligence) or contract or otherwise) as a result of, or in connection with, your access and/or use of a EV Charging Stations or these T&Cs.
- These T&Cs, together with any documents, materials laws or regulations referenced in these T&Cs, constitute the entire agreement between you and Linga Network in respect of your use of the EV Charging Stations. Any collateral negotiation, understanding, communication or agreement by or between the you and Linga Network in relation to the subject‑matter of these T&Cs, or any term of that agreement, is superseded and excluded by your entry into these T&Cs.
- You may not transfer any right or liability under these T&Cs without the prior written consent of Linga Network. Linga Network may transfer any of its rights or liabilities under these T&Cs at any time in its discretion.
- Any provision of these T&Cs which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these T&Cs or the validity of that provision in any other jurisdiction.
- These T&Cs are governed by and must be construed in accordance with the laws of Victoria, Australia. You and Linga Network submit to the exclusive jurisdiction of the courts of Victoria, Australia to resolve any disputes arising under or in relation to its subject matter or your use of any Electric Vehicle Charging Station.