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Terms of Service

BRAUMS Pty Ltd. ("Us" or "We" or “BRAUMS”) provides the BRAUMS evCHARGE App, web based app and various related services (collectively, the "App") to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you.

In addition, when using particular services or materials on this App, Users shall be subject to any posted rules, guidelines and policies applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. For the avoidance of doubt, this includes our Privacy Policy located at https://www.braums.com.au/privacy (“Privacy Policy”). All such guidelines, policies or rules are hereby incorporated by reference into these Terms of Service. These Terms of Service will take precedence to the extent of any inconsistency with any other such guidelines, policies or rules.

These Terms of Service are effective as of 22 July 2024. By creating an account or accessing or using the App, you agree to be bound by the most current version of these Terms of Service and our Privacy Policy. We expressly reserve the right to change these Terms of Service from time to time either by email notice to you (using the contact email address provided by you when you create your account) or by publishing the updated version of the Terms of Use on our website located at https://www.braums.com.au/termsofservice . Changes to these Terms of Service will be effective on the earlier of the date the updated Terms of Service are published on our website and the date we notify you by email. You acknowledge and agree that it is your responsibility to review this App and these Terms of Service from time to time and to familiarize yourself with any modifications.

Your continued use of this App after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. 

We reserve the right to refuse your request to create an account or your access to the App for any reason at our discretion. We also reserve the sole right to either modify or discontinue the App, including any of the App’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this App shall also be subject to these Terms of Service.

 

Our Services

These Terms of Service cover services that the App provides to you, in particular, but not limited to:

  • Your BRAUMS evCHARGE app;

  • BRAUMS evCHARGE web app;

  • BRAUMS EV OS web app

  • BRAUMS EV OS app

  • Your BRAUMS evCHARGE app account;

  • Processing of fees on behalf of owners of BRAUMS evCHARGE EV enabled charging stations. 

You acknowledge and agree that the App may only be available through use of compatible devices which meet specific system or software requirements. You are solely responsible for ensuring that any device you use meets system, software or other requirements for access and use of the App.

Subject to BRAUMS’ acceptance of your application to create an account for the App and your compliance with these Terms of Service, BRAUMS grants you a limited, non-exclusive, non-transferable right to access and use the App only for your own use and in accordance with the terms set out in these Terms of Service and any other requirements BRAUMS may specify from time to time.

Whereby your access to the App that does not require an application to create an account, rather provides direct access to the App, your compliance with these Terms of Service, BRAUMS grants you a limited, non-exclusive, non-transferable right to access and use the App only for your own use and in accordance with the terms set out in these Terms of Service and any other requirements BRAUMS may specify from time to time.

 

Your Obligations

You agree to:

  • Pay all fees incurred by using the App for access to BRAUMS enabled charging stations. 

  • Pay any fees associated with parking services and other fees charged by the site owner.

  • Use the App in accordance with these Terms of Service along with any additional instructions provided by us. 

  • Only access and use the App for lawful purposes.

  • Obey all applicable laws and regulations associated with the location where the BRAUMS evCHARGE enabled charging station is located.

  • Not access and/or use the App in a manner or for any purpose which (i) is improper, immoral, illegal or fraudulent; or (ii) restricts or interferes with the provision of the App by BRAUMS to any other persons.

  • Not enter into any transaction relating to access or use of the App with, or disclose any part of the App (or your account information or access credentials) to any person other than BRAUMS, without the written consent of BRAUMS.

  • Not gain, attempt to gain or assist or request any person to gain unauthorised access to the App or computer systems or networks connected to the App, including through hacking, password mining or any other means.

  • Promptly review your session invoices and notify us of any issues. If you do not notify us of any fee issues within 12 weeks, the fees will be deemed valid. 

  • Never share your App with any other third party, and you agree to keep your login information and payment information secret at all times. If you find that your login credentials have been compromised you promise to contact us immediately.

  • Take your own precautions to ensure that the process you use for accessing the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or device systems or software.

 

Your Data

You acknowledge and agree that when creating an account for the App and otherwise in order to use, and in the course of using, the App and BRAUMS evCHARGE EV enabled charging stations, you may provide or input various types of information or data, including “Personal Information” as defined by the Privacy Act 1988 (Cth) (“Personal Information”) that may include details about you, vehicle registration details, details of drivers licences, financial information, bank account information, debit card and account details, credit card and account details, names, email addresses, residential addresses, phone numbers, contact details and other information or documentation as may otherwise be reasonably required to verify the identity of you or other persons. All information or data you provide or input in the course of creating an account and otherwise using the App and BRAUMS evCHARGE EV enabled charging stations is referred to as “Your Data” for the purposes of these Terms of Service.

You are solely responsible for all of Your Data, including for (i) ensuring the integrity, completeness and accuracy of Your Data; (ii) determining the purposes and means of processing Your Data, including Personal Information, by BRAUMS under these Terms of Service, and ensuring that processing conducted according to your instructions or requirements will not place BRAUMS in breach of any laws or regulations (including applicable data protection laws and privacy laws). You must not upload, create, publish or communicate via use of the App or any BRAUMS evCHARGE EV enabled charging stations any data, information, content, works or materials which infringe or breach any third party’s rights (including in respect of privacy, data protection, confidentiality and intellectual property). You agree to comply with BRAUMS’ procedures and policies in respect of uploading information, data, content, works and materials as may be specified by BRAUMS from time to time.

You warrant that:

  • you have the right to, or have otherwise obtained all licences, consents, authorisations and approvals and made all disclosures necessary to, collect, store, disclose, use, upload, reproduce, permit BRAUMS to collect, store, disclose, use, reproduce and/or transfer, Your Data using the App and any BRAUMS evCHARGE EV enabled charging stations, including any Personal Information included in Your Data;

  • Your Data will not contravene any law or regulation or violate or infringe upon the rights of any other person;

  • the collection, storage, disclosure, use, transmission and processing of Your Data (including Personal Information) by BRAUMS according to your instructions or requirements will not place BRAUMS in breach of any laws or regulations (including applicable data protection laws and privacy laws) or violate the rights of any person;

  • Your Data is complete, correct and legitimate;

  • Your Data will not contain any virus or other harmful component

  • any Personal Information that you disclose or transmit to BRAUMS under these Terms of Service, or when using the App or any BRAUMS evCHARGE EV enabled charging station, has been collected in accordance with the Privacy Act 1988 (Cth) (the “Privacy Act”); and

  • BRAUMS is authorised to collect, store, disclose and use the Personal Information disclosed to it by you for the purposes of these Terms of Service, the App and BRAUMS evCHARGE EV enabled charging stations.  

You acknowledge and agree that (i) BRAUMS may use or modify Your Data and information derived from Your Data (including by aggregation or other de-identifying techniques) to produce a compilation of aggregated data that has Personal Information removed from it (“Aggregated Data”); and (ii) BRAUMS owns all right, title and interest in and to the compilation of Aggregated Data and may use and commercialise the Aggregated Data at its absolute discretion.

 

Your Account, Credit Card Information, Fees and Charges 

You are solely responsible for all activities that occur under your account.

You acknowledge that you will be required to provide BRAUMS with certain Personal Information to create and account and access and use the App. You may create a BRAUMS evCHARGE account without providing credit card or debit card information. If you do not provide credit card or debit card information, you will be prompted to provide that information when you attempt to access a BRAUMS evCHARGE enabled charging station that requires payment. In any event, your credit card or debit card will not be charged until the first time you use the App at a BRAUMS evCHARGE enabled charging station that requires payment. 

All credit card and debit card payments are subject to validation checks and authorisation by the card issuer.

BRAUMS may close your account after giving notice pursuant to any applicable laws, regulations or statutory provisions and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at BRAUMS’s sole option, all reasonable fees, costs or other expenses (including, without limitation, legal fees (if any)) incurred by BRAUMS in connection with its collection efforts.

You acknowledge that BRAUMS engages third party payment service providers (including Stripe Payments Europe, Limited) to facilitate payment transactions in connection with use of the App and BRAUMS evCHARGE EV enabled charging stations (“Payment Service Provider”), and that BRAUMS may disclose Your Data (including Personal Information) to the Payment Service Provider for that purpose. You:

  • consent to BRAUMS entering into an agreement with the Payment Service Provider for the purpose of facilitating payment transactions in connection with your use of the App and BRAUMS evCHARGE EV enabled charging stations;

  • consent to BRAUMS disclosing to, transferring to and otherwise exchanging with the Payment Service Provider all of Your Data (including Personal Information) as may be required in order to facilitate payment transactions in connection with your use of the App and BRAUMS evCHARGE EV enabled charging stations or otherwise as may be required for the Payment Services Provider’s software, systems, applications, products or services to be used with the App and BRAUMS evCHARGE EV enabled charging stations;

  • warrant that you have the right to, or have otherwise obtained all licences, consents, authorisations and approvals and made all disclosures necessary to permit BRAUMS to disclose to, transfer to and otherwise exchange with the Payment Service Provider all of Your Data (including Personal Information) as may be required in order to facilitate payment transactions in connection with your use of the App and BRAUMS evCHARGE EV enabled charging stations or otherwise as may be required for the Payment Services Provider’s software, systems, applications, products or services to be used with the App and BRAUMS evCHARGE EV enabled charging stations; and

  • acknowledge and agree that Your Data may be subject to and collected, stored and used by the Payment Service Provider in accordance with the Payment Service Provider’s own separate terms and/or privacy policy.

 

Hosting and Supporting the App

You acknowledge and agree that BRAUMS engages a third-party service provider (currently Amazon Web Services) to provide data storage services, to host the App and to store Your Data (“Hosting Service Provider”). BRAUMS may also engage third party service providers to provide support, maintenance, development and other services in respect of the App (“Support Service Providers”). You acknowledge and agree that Your Data may be subject to and collected, stored and used by the Hosting Service Provider and Support Service Providers in accordance with their own separate terms and/or privacy policies. Servers in which Your Data (including Personal Information) may be stored by the Hosting Service Provider and Support Service Providers will be located in Australia. Additional or other locations may be used by the Hosting Service Provider or Support Service Providers in the future. We will update these Terms of Service to identify other locations if used by the Hosting Service Provider or Support Service Providers in the future. By providing BRAUMS with Your Data (including Personal Information) or by accessing or using the App, you: (a) consent to BRAUMS disclosing and transferring Your Data (including Personal Information) to its Hosting Service Provider and Support Service Providers for the purpose of allowing the Hosting Service Provider to host all data necessary to support the App, the Support Service Providers to provide support, maintenance, development and other services in respect of the App and for BRAUMS to provide the App to you. You acknowledge and agree that the transmission of Your Data (including Personal Information) between BRAUMS, its Hosting Service Provider and its Support Service Providers respectively is necessary for BRAUMS to maintain the App and to provide the App to you. BRAUMS may engage other data storage or service providers or store Your Data on servers in other locations in the future and will update these Terms of Service if that is the case.

You consent to BRAUMS, the Hosting Service Provider, Support Service Providers, Payment Service Provider and their related bodies corporate and affiliates releasing Personal Information provided by you to third parties (i) in order to comply with a valid legal or government requirement such as in compliance with any law, regulation, search warrant, subpoena, court order or government order; and (ii) in special cases, when BRAUMS believes it is necessary to share information in order to investigate, prevent or take action regarding any illegal or unauthorised activities, suspected fraud, potential threats to the physical safety of any person or violations of these Terms of Service.

 

Third Party Apps

This App may link you to other apps or websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.

These other apps, sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the App or party by us, or any warranty of any kind, either express or implied.

Notwithstanding anything to the contrary contained in these Terms of Service, you hereby (i) authorise BRAUMS to disclose anonymised data (including any Aggregated Data) to third party utilities and government authorities to the extent BRAUMS is required to share such data with such third parties under a written agreement with the applicable third party and (ii) grant to BRAUMS a royalty-free, worldwide, perpetual, non-exclusive right and license to use reproduce, distribute, and make derivative works of such data if and to the extent you retain any rights, title or interest to such data despite anything else in these Terms of Service.

 

Intellectual Property

All ideas, concepts, know-how, data processing techniques, data compilations, software, documentation, trade marks, custom graphics, icons, logos, business and trading names, trade secrets, copyright and inventions and other intellectual property rights comprised in or in connection with the App and BRAUMS evCHARGE EV enabled charging stations (including their underlying technology, software, programs, as well as all their respective modifications, developments, updates and enhancements), are owned by BRAUMS, its licensors or their Affiliates (as applicable). All other marks are property of their respective owners. Except for the limited right to access and use the App under these Terms of Service, nothing in these Terms of Service grants you any right, title or interest in or to any of the above or any intellectual property rights in connection with the App or BRAUMS evCHARGE EV enabled charging stations. You agree that no transfer of BRAUMS’ (or its licensors’) intellectual property rights in connection with the App or BRAUMS evCHARGE EV enabled charging stations occurs at any time by your access to or use of the App or BRAUMS evCHARGE EV enabled charging stations.

To the extent you hold, obtain or retain any right, title or interest (including intellectual property rights) in connection with the App, any BRAUMS evCHARGE EV enabled charging stations or any Aggregated Data for any reason despite these Terms of Service, you hereby assign all such right, title and interest (including intellectual property rights) to BRAUMS or BRAUMS’ nominee.

You agree not to claim any right or title to own or use the intellectual property rights in the App, except to the extent such use is permitted under these Terms of Service. You must not dispute or challenge the entitlement of BRAUMS (or its licensors) to own, use or licence the intellectual property rights in the App (including underlying technology, software, programs, as well as all their respective modifications, developments, updates and enhancements), compilations of Aggregated Data produced BRAUMS, or join or assist any third parties to challenge or contest the validity of those intellectual property rights.

You agree to notify BRAUMS promptly of any (i) infringement, or suspected or threatened infringement, of the intellectual property rights in the App and reasonably co-operate with BRAUMS in relation to such infringement; and (ii) unauthorised, suspected or threatened third party access to or use of Your Data or the App and to reasonably co-operate with BRAUMS in relation to such unauthorised third party access or use.

We reserve the property rights and other rights over this App including the intellectual property rights and exclusivity over the services provided via this App. Unless the law specifies otherwise, you must not use, modify, replicate, print, display, reproduce, disseminate, publish, disassemble for translation, make derivative works of, re-sell or engage in reverse engineering or compiling of the App or any part of it with BRAUMS’ express written consent.

 

Disclaimer of Warranties

BRAUMS makes no guarantee, representation or warranty (express or implied) that:

  • the App or your use of the App will be error-free, secure, uninterrupted or compatible with your equipment and software configurations or that BRAUMS will be able to prevent third party disruptions or that BRAUMS will correct all defects in the App;

  • access to or use of the App will be available to or compatible with all devices, software or systems used by you;

  • information on the App is correct, current or complete; or

  • the App will be fit for your or any particular purpose or meet all of your requirements.

You understand and agree that temporary interruptions of the services available through this App may occur as normal events and also (i) to permit routine or emergency maintenance to take place; (ii) to permit upgrades or other development activity to take place; (iii) due to technical malfunctions of your software, equipment or infrastructure (such as telecommunications connectivity, network congestion or delays); or (iv) due to force majeure events beyond our control. You further understand and agree that we have no control over third party networks you may access in the course of the use of this App, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the provision of, access to, and use of the App, and the services available on this App, are on an "AS IS" basis and at your own risk. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

Under no circumstances have we guaranteed no flaw of this App under law or in fact (including security, reliability, accuracy, integrity, validity, applicability for specific purpose, security related defects, errors or program errors, and infringement) implicitly or explicitly stated. It is not our obligation to eliminate such flaws before providing this App.

We disclaim any liability for any damage to you caused by your access or use of this App to the extent permitted by law.

 

Liability and Indemnities

You agree that you do not rely on any representation, warranty, guarantee or other provision made by BRAUMS or on BRAUMS’ behalf which is not expressly stated in these Terms of Service.

Nothing in these Terms of Service do or should be interpreted as an attempt to modify, limit or exclude terms, warranties or guarantees which are imposed by statute and which cannot be modified, limited or excluded. BRAUMS otherwise excludes to the extent permitted by law all other terms, conditions, warranties and guarantees which might apply to or be implied into these Terms of Service.

Subject to the above, if BRAUMS is liable to you for a breach of any term, condition, warranty or guarantee applied to or implied into these Terms of Service by statute, that liability is limited to the supplying of the App again or the payment of the cost of replacing or having the App supplied again.

Subject to the above and to the extent that BRAUMS’ liability is not otherwise excluded or limited under these Terms of Service, the total aggregate liability of BRAUMS to you for all claims relating to or arising out of the App and/or these Terms of Service, whether such claims are based on a breach of or omission under these Terms of Service or under contract, for negligence or other tort, for breach of statutory duty, for breach of warranty or in equity or otherwise, will not exceed the total fees paid by you to BRAUMS in connection with use of any BRAUMS evCHARGE enabled charging station that requires payment during the 6 month period immediately preceding the first event which gives rise to a claim or, if no fees were paid to BRAUMS by you during that 6 month period, an amount of AU$10.00. There will be only one aggregate liability cap under these Terms of Service even if there are multiple claims and each claim will reduce the amount available in the aggregate liability.

Without limiting your obligation to pay any fees, neither you nor us are liable to each other for any indirect, incidental, special, punitive or consequential loss or damage, economic loss, loss of revenue, loss of business, loss of opportunity, loss of saving on overheads, loss arising from business interruption, loss of goodwill or loss of profits, loss of data or data use or loss of use of the App or the inability to use the App even if advised of the possibility of such damages or loss.

To the extent legally permitted, BRAUMS has no liability to you or any person for, and you indemnify and will defend and hold harmless BRAUMS and BRAUMS’ officers, directors, employees, agents, contractors, affiliates, related bodies corporate, representatives, successors and assigns from and against, any claims, damages, losses (including direct, indirect and consequential loss or damage), liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to any of the following (including but not limited to any third party claim concerning the following):

  • your access to or use of the App (including any activities by any person via your account);

  • any person’s access to or use of the App via your account, whether or not authorised by you;

  • any breach of or failure to comply with these Terms of Service (including a breach of or failure to comply with any warranty made by you in these Terms of Service and any use of the App that is not authorised by these Terms of Service) or violation of or failure to comply with any applicable law, regulations or rules (including the Privacy Act) by you or any persons employed by, engaged by, authorised by or representing you;

  • any loss of service or interruptions, disruptions, connection failures, lags and delays in respect of your access to the App;

  • the transmission of any computer viruses, Trojan horses or any other malicious or harmful computer code or software by you, any person via your account or any persons employed by, engaged by, authorised by or representing you, regardless of whether such transmission is accidental or deliberate;

  • Your Data;

  • the collection, storage, disclosure, transfer or exchange of Your Data by or between BRAUMS or BRAUMS’ Hosting Services Provider, Support Service Providers, Payment Service Provider and otherwise in accordance with these Terms of Service.

 

International Use

Although this App may be accessible worldwide, we make no representation that materials on this App are appropriate or available for use in locations outside those countries where we operate, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this App is void where prohibited.

 

Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App or cancel the App in its entirety with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination, cancellation or suspension, regardless of the reasons therefor, your right to access the App and use the services available on this App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this App. We shall not be liable to you or any third party for any claims or damages arising out of any termination, cancellation or suspension or any other actions taken by us in connection with such termination, cancellation or suspension.

 

Contact Information

If you have any questions or comments regarding this App, or the implementation of these Terms, please contact us with your comments or questions described in detail at evCHARGE@BRAUMS.com.au.

 

Governing Law

These Terms of Service and any matters, dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia without giving effect to any choice or conflict of law provision or rule and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia and their appellate courts.