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Terms Of Use

Terms of Use

Effective Date: 15/05/2024

1. Acceptance of Terms

This agreement ("Agreement") is between Alchemy Charge PTY LTD ("Provider," "We," "Us") and you, the user of our services ("User," "You"). It covers your use of and subscription to the Alchemy Charge Services ("Services") which include our website, mobile applications, and related services. By using our Services, you agree to comply with all the terms, conditions, and notices contained or referenced in this Agreement ("Terms of Use").

2. Definitions

  • Service(s): Includes the website, mobile applications, and all related services provided by Alchemy Charge.
  • User: Any individual or entity using the Services.
  • Host: Individuals or entities offering EV charging stations through the Services.

3. Description of Services

We offer various services to you, including but not limited to a platform for payment-based access to electric vehicle charging stations. You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, mobile device, internet access, and associated fees. We reserve the right to modify or discontinue our Services at any time with or without notice to you.

4. User Accounts

You may need to create an account to use certain features of our Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Responsibilities

You agree not to use the Services in any way that is unlawful, harms us, our service providers, suppliers, your end users, or any other person. You must comply with all laws, rules, and regulations applicable to your use of the Services.

6. Prohibited Activities

You agree not to:

  • Use the Services for any illegal or unauthorized purpose.
  • Interfere with or disrupt the Services or servers or networks connected to the Services.
  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.
  • Engage in any activity that could damage, disable, overburden, or impair the Services.

7. Intellectual Property Rights

We own all rights, title, and interest in and to the Services, including all intellectual property rights. You agree not to copy, modify, or reverse engineer any part of the Services or our trademarks and logos.

8. Privacy

We respect your privacy and are committed to protecting your personal data. Our Privacy Policy explains how we handle your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use your data in accordance with our Privacy Policy.

9. User Content

If you submit or upload any content to the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content.

10. Limitation of Liability

In no event will we be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits, even if we have been advised of the possibility of such damages.

11. Changes to the Terms

We may modify these Terms of Use from time to time. We will notify you of any changes by posting the new Terms of Use on our website. Your continued use of the Services after any such changes will constitute your consent to such changes.

12. Commission Fee

A commission fee of 10 cents per kWh will be added to the price that hosts charge users for using the charging stations. This commission is a service fee for facilitating the transaction and maintaining the platform. The price shown to users on the app includes this commission, ensuring transparency and no hidden costs.

Hosts are responsible for setting their base price per kWh, and the final price displayed to users will be the sum of the host's base price and the 10 cents per kWh commission. For example, if a host sets a base price of 30 cents per kWh, the price shown to users will be 40 cents per kWh.

The commission fee is automatically deducted from the payments made by users, and the remaining amount is transferred to the host's account. This process ensures that hosts receive their earnings promptly and without the need for manual calculations or adjustments.

Alchemy Charge reserves the right to change the commission fee payable at any time. Any changes to the commission fee will be communicated to hosts at least 30 days in advance and will be reflected in the prices shown to users on the app.

13. Host Payments

Hosts will be reimbursed at the start of each month for the previous month's usage collected, less our commission which was already added to the fee paid by the user. The reimbursement process is as follows:

  • Calculation: At the end of each month, the total amount collected from users for the use of the host's charging station will be calculated.
  • Deduction of Commission: The total commission amount (10 cents per kWh) will be deducted from the collected amount.
  • Payment: The remaining balance will be transferred to the host's designated bank account at the start of the following month.
  • Notification: Hosts will receive a email detailing the previous month's usage, the total amount collected, the commission deducted, and the net amount reimbursed.

14. Refund Policy

Hosts are entitled to a refund for the SmartPoint as per the Australian Consumer Law. The following conditions apply for refunds:

  • Faulty Product: If the SmartPoint is faulty, not of acceptable quality, or not fit for the purpose it was designed for, hosts are entitled to a replacement or refund.
  • Change of Mind: Refunds are not provided for change of mind unless otherwise specified by Alchemy Charge.
  • Refund Process: To initiate a refund, hosts must contact us at hello@alchemycharge.com.au with proof of purchase and details of the issue. We will assess the request and, if approved, process the refund within 30 days.
  • Return Shipping: If a return is required, Alchemy Charge will cover the cost of return shipping for faulty products. Instructions for return shipping will be provided upon approval of the refund request.
  • Refund Method: Refunds will be issued to the original payment method used for the purchase.

15. Payment Gateway

We use PayPal as our payment gateway for processing transactions. Users are required to provide their own payment details directly to PayPal when they top up their accounts. Alchemy Charge does not store or handle any payment information provided by users.

16. Dispute Resolution

If you have any issues or disputes regarding the Services, you agree to first contact us at hello@alchemycharge.com.au to attempt to resolve the issue informally. We will try to resolve the dispute through good faith discussions within 30 days of your initial communication.

If we are unable to resolve the dispute informally, any disputes arising out of or relating to these Terms of Use or the Services shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall take place in Sydney, Australia, and the language of the arbitration shall be English. Each party shall bear its own costs and expenses of the arbitration, and an equal share of the arbitrator's fees and administrative costs.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

17. Termination by Alchemy Charge

We reserve the right to terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

18. Termination by User

Hosts may cancel the service at any time without any minimum commitment. Upon cancellation, the SmartPoint will revert back to a normal powerpoint. To cancel the service, hosts must contact us at hello@alchemycharge.com.au. We will process the cancellation promptly, and any outstanding payments or obligations will be settled in accordance with these Terms of Use.

19. Indemnification

You agree to indemnify, defend, and hold harmless Alchemy Charge PTY LTD, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms of Use or any applicable laws, rules, or regulations. Alchemy Charge reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

20. Force Majeure

Alchemy Charge PTY LTD shall not be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, government orders, pandemics, natural disasters, or any other force majeure event. In such cases, Alchemy Charge's obligations will be suspended for the duration of the event.

21. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

22. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

23. Entire Agreement

These Terms of Use constitute the entire agreement between you and Alchemy Charge PTY LTD regarding the use of the Services and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms of Use.