AUSTRALIA

These terms and conditions (the “Terms”) govern the relationship between you as a User, and Everty (EVERTY PTY. LTD. ACN: 619 045 279) with registered office address at 2/40 Ricketty St, Mascot NSW 2020 and sets out the terms of use of the Everty Platform and Everty Services.

You should read these Terms carefully before using the Everty Platform and Everty Services. If you do not agree to these Terms please do not use the Everty Platform or Everty Services. By registering with us and by using the Everty Platform and/or Everty Services you accept these Terms and that you agree to abide by them. This acceptance forms a legally binding contract between you and Everty (the “Use Agreement”).

1. Definitions:

1.1 In these Terms the following words have the following meanings:

Charging Connection means any electrical outlet (purpose-built for charging EVs or not, single-phase or three-phase of any appropriate amperage).

Charging Fee means the amount payable to the Host in respect of the Charging Session, being equivalent to the Session Fee minus the Everty Transaction Fee.

Charging Service means the provision of access to and use of the Location which includes the amenities set out in the charger Listing, such amenities being, at a minimum, a working Charging Connection and Parking Area.

Charging Session means the period of time which the User has booked to use the Charging Service.

EV means electric vehicle, applicable to battery electric vehicles and plug-in hybrid vehicles.

Everty Account means your account, as a User, registered on the Everty Platform and giving you access to the Everty Service.

Everty Platform means our Everty Website or any other platform through which Everty makes the Services available from time to time (collectively, the “Website”) and via applications for mobile devices (collectively, the “Application” or “App”).

Everty Pty. Ltd (“Everty”, ”we”, “who”) is the provider of a platform/websites/ applications to connect Hosts and Users for the purpose of Users parking and charging their EVs.

Everty Service has the meaning given in clause 2 of these Terms.

Everty Transaction Fee means the amount payable by the User to Everty for the delivery of the Everty Service as more particularly described in clause 5.4.

Host means the Host of the Location (Charging Connection and associated Parking Area).

Listing means any area of the Everty Platform which contains information provided by Hosts relating to a Location to allow Users to assess the suitability of the Location prior to making a Booking.

Location means the Charging Connection and Parking Area.

Parking Area means the off-street parking area associated with the Charging Connection.

Removal Fee means the costs actually incurred by the Host in procuring the removal of the vehicle.

Session Fee means the total amount payable by the User in respect of the Charging Session. 

Special Terms means additional charging terms imposed by a Host on a User as expressly stated in the Listing under the “charger access instructions” section.

User means the person using the charger at a Location through the Everty Platform and using the Everty Website.

2. Agreed Terms

2.1 The Agreement is made between Everty, each User, each Host and these Terms apply to all Everty Services.

2.2 The Everty Service is provided by Everty via the Everty Platform. The Everty Platform is an application through which (a) Users can view Listings, search for Locations, and pay the Fees; (b) Hosts can post Listings.

2.3 You acknowledge and accept that Everty provides the application and Everty itself does not provide or receive the Charging Service.

2.4 We may change the Terms from time to time. By using the Everty Platform, the Everty Service, or the Charging Services you indicate your acceptance of the Terms, as amended, in force at that time. If you do not accept the changes you can terminate this Agreement, but you will be no longer be entitled to use the Everty Platform, the Everty Service or the Charging Service.

3. Registration

3.1 You must register for an Everty Account on the Everty Platform in order to use charging stations.

3.2 The registration process requires you to provide us with certain personal information, including but not limited to, title, first name, last name, address, and a valid email address. 

3.3 Everty will treat all personal information provided by you and by Hosts according to our Privacy Policy.

3.4 Everty Accounts are password protected. The password you create for your Everty Account when registering should remain confidential and should not be disclosed to anyone else. You will be liable and responsible for all actions and omissions occurring on your Everty Account whether or not authorised by or performed by you or on your behalf.

3.5 Should you suspect your Everty Account has been compromised please notify Everty immediately via hello@everty.com.au and we will deactivate your Everty Account enabling you to set up a new Everty Account with a different password.

3.6 We may suspend or close your Everty Account at any time if you are or we suspect that you are in breach of any term of this Agreement. If we suspend or close your Everty Account you will not be able to use our Services any longer and may not be able to access all areas of the Everty Platform.

4. Your Responsibilities

4.1 You must ensure the continued accuracy of the information provided when registering your Everty Account. Failure to do so may result in you not receiving notifications or other communications or suspension of your Listing. This includes an accurate representation of your Location’s availability, compatibility with electric vehicles, and functional status. A Host must inform Everty of any issue/issues in relation to the Location including but not limited to, a User’s inability to charge their vehicle for whatever reason by sending an email to hello@everty.com.au. Failure to do so could suspension of your Everty Account. Listing updates must also be emailed to hello@everty.com.au.

4.2 You will ensure, so far as possible before starting a charging session, using the information provided in the Listing, that the Charging Connection is compatible with your vehicle. This means, where the Charging Connection is of the tethered type that the tethered cable will fit your vehicle, and where the Charging Connection is of the untethered type that you will supply your own compatible cable to connect your vehicle type (unless the Listing indicates that the Host will supply a cable, and that cable is compatible with your vehicle). 

4.3 Where you are using your own charging cable you will ensure that it is safe, undamaged, and in working order. Neither Everty nor the Host will be liable to you in any way if you fail to charge your vehicle due to a fault with your cable, nor will they be liable to you for any postage or replacement costs should you leave your cable at the Location. The Host is authorised to dispose of any cable or other items left by you at the Location at any time without prior notice to you or Everty.

4.4  As a User, you must use the Charging Connection in accordance with the instructions provided by the Host. You must not attempt, nor will you allow anyone else to attempt, to charge a vehicle by any means other than a Charging Connection.

4.5 You will ensure that in connecting the Charging Connection to the vehicle you do not run a cable over public land.

4.6 You must not use or permit anyone else to use your Everty Account fraudulently, or in connection with a criminal offence, in breach of any applicable law or statutory duty, you will not use the Everty Service or Charging Service for any immoral or illegal purposes including, but not limited to harassment, fraudulent or vexatious activities, or money laundering. You must not publish or allow to be published in your Listing or anywhere else on the Everty Platform anything which is indecent, offensive or inflammatory.

4.7 You agree not to attempt to bypass Payment on Everty Service or Everty Platform.

4.8 You will not use the Everty Platform in a manner in such a way as to damage the functionality of the Everty Platform or reduce the use and enjoyment of the Everty Platform by other Users, Hosts or third parties. Further, you will not use the Everty Platform in a manner that may negatively affect the reputation of Everty.

4.9 You will at all times in your role as User or Host, be courteous and reasonable and not act in a way likely to harm Everty’s reputation or adversely affect Everty’s relationship with the Host. Everty reserves the right to suspend or terminate your Everty Account if we are notified that you have breached this clause.

4.10 You warrant you have the power, authority, and where necessary, the approval to enter into this Agreement. Also as a Host, you undertake to Everty that you are the Host or licensee of the Location and that you have full, unconditional right and authority to (a) enter into this Agreement with Everty; (b) provide the Charging Service.

4.11 The User is responsible for the vehicle and User safety at all times during its use of the Location and for ensuring that the vehicle complies with all applicable laws and regulations, including, but not limited to, roadworthiness and current insurance. The User may not use the Location or the Charging Service for any harmful, immoral or illegal purposes whatsoever. The User shall leave the Location clean and tidy.

4.12 The Host shall ensure that Charging connection is in working order at all times, and the Location is reasonably clean, tidy and safe to use during the charging session. The User must be able to use the Location on arrival. If the Location does not match the Listing, is not as described, or is malfunctioning or if an issue subsequently arises that halts your proper use of the Location the User must contact Everty. Everty may deal with the issue, as set out in clause 7.

4.13 You and/or Hosts may cancel the Charging Services only in accordance with the cancellation terms outlined in this Agreement, clause 5.11

4.14 As a Host, you understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Everty cannot and does not offer Tax-related advice.

5. Charging Sessions and Payment

5.1 You agree that Charging Sessions shall only be made through the Everty Platform and any associated Fees or other charges shall be processed and received by Everty on the Host’s behalf.

5.2 The price of the Charging Fee must be set by the Host.

5.3 Charging Sessions and associated Fees or charges shall be made in accordance this Agreement.

5.4 The Session Fee set out on the Listing includes the Everty Transaction Fee and the Charging Fee. 

5.5 Upon starting a Charging Session and paying for a Charging Session you acknowledge a binding legal agreement is then in place between you and the Host on the terms of this Agreement. 

5.6 Users will incur a $2 per-authorisation fee upon initiating a Charging Session that will be refunded to you upon payment of the Charging Session.

5.7 You as the User will pay Everty the Session Fee in full. If a complaint is filed in accordance with clause 7 within 2 days after the end of the Charging Session and Everty upholds the complaint and determines that a refund is payable you will receive the appropriate refund within 10 business days. If Everty determines that the complaint and refund request is not justified no refund will be payable and the Charging Fees will be paid to the Host. 

5.8 In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Everty or its third party payment processor. You agree to pay Everty for any confirmed Charging Sessions made in connection with their Everty Account in accordance with these Terms. If you are directed to Everty’s third party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

5.9 The User shall remove their vehicle from the Location at the end of a Charging Session. Where the Host notifies us that the User has failed to remove their vehicle within a reasonable amount of time following the end of a Charging Session, Everty reserves the right to invoice the User a fee to reasonably recover any Fees which may have otherwise been collected, as well as any Removal Fee (if required) in accordance 5.9. 

5.10 In the event of an Overstay you acknowledge and accept that the Host may engage a professional third-party towing company to remove your vehicle from the Location. If the Host notifies us that this has occurred Everty will invoice the User for the Removal Fee and you are required to pay this sum immediately. Everty will credit this to the Host at the end of the month.

6. Everty’s rights and responsibilities

6.1 You acknowledge and accept that the Everty Platform is an application only and that Everty’s sole liability and responsibility is to use its reasonable commercial endeavours to provide the Everty Services in accordance with these Terms.

6.2 Everty does not verify the information contained in a Listing. Everty reserves the right to take a down any Listing at any time without liability to any Host where Everty considers that a Listing is inaccurate or otherwise does not comply with the terms of this Agreement with Everty but Everty is under no obligation to check or monitor the content of listings or respond to takedown requests made by any User or Host.

7. Complaints and Disputes

7.1 Complaints or disputes about the Charging Session are to be raised directly between Hosts and Users in the first instance.

7.2 In the event that you believe that the Charging Services provided are in breach of this Agreement or otherwise fall below your reasonable expectations and you and the Host cannot reach a solution, you may file a complaint with Everty within two working days of the end of the Charging Session via email to hello@everty.com.au. Please provide the time and date of the Booking, the Location and any evidence.

7.3 Following receipt of a complaint Everty will consider it with reasonable care and diligence.

7.4 In the event that you wish to request a refund of the Charging Fee, then you must clearly state so in the email regarding the complaint to hello@everty.com.au. All complaints and requests for refunds must be received within two working days of the end of the Charging Session. No refunds will be payable in any circumstances for any Complaints and requests for refunds received after this time.

7.5 When Everty receives a refund request we will ask you and the Host to provide relevant information and evidence and forward this to our complaints department. The complaints department will judge whether your Complaint is justified or not. The decision will be final. If Everty determines that the Complaint is justified and a refund should be made it may refund all or part of the Charging Fee as set out below.

7.6 In order to maintain the quality of Everty Services, Everty will monitor Complaints filed against Hosts and Users. Everty reserves the right to suspend or terminate the Everty Accounts of Hosts and Users who repeatedly receive Complaints which are later upheld by Everty.

8. Intellectual Property

8.1 We are the owner or the licensee of all intellectual property rights in the Everty Service and the Everty Platform, including the materials published on it.

8.2 You must not use any part of the materials on the Everty Platform for commercial purposes without our prior written approval or that of our licensors.

9. Liability and Indemnity

9.1 You acknowledge and accept that we do not provide the Charging Service and have no liability, whether arising in contract, tort (including negligence) or otherwise, for those services save as expressly set out in this Agreement.

9.2 No party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-offs, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.

9.3 Subject to clause 9.5 below, we shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by you in connection with the Everty Service or the Everty Platform or in connection with the use or inability to use the Everty Platform or Everty Services or results of the use of the Everty Platform or Everty Services.

9.4 Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services (in each case whether direct or indirect) nor for any indirect or consequential damages whatsoever arising out of this Agreement however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.

9.5 Nothing in this Agreement limits or excludes a party’s liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability that cannot be properly limited or excluded by applicable law.

9.6 You are responsible for ensuring that you have adequate insurance coverage to provide the Charging Services.

10. Termination and Withdrawal of Everty Service

10.1 Where you are a User, you may terminate this Agreement at any time by contacting Everty can clearly stating so in an email to hello@everty.com.au. 

10.2 We may terminate or suspend your Everty Account or any part of it (e.g. in respect of your User Everty Account but not your Host Everty Account) at any time by giving you 5 days notice, whether or not you are in breach or immediately in the event that you are:

10.2.1 in breach of any of the terms of this Agreement; or

10.2.2 we suspect you are about to commit a breach of this Agreement; or

10.2.3 you become or we suspect you are about to become bankrupt (or insolvent if you are a company).

10.3 We reserve the right to withdraw or amend the Everty Service that we provide via the Everty Platform without notice. We may also suspend access to the Everty Platform or withdraw it indefinitely at any time.

10.4 We will not be liable if for any reason the Everty Platform is unavailable at any time or for any period.

11. Consequences of Termination

11.1 Subject to clause 11.2, upon the termination of this Agreement you will no longer be entitled to use the Everty Platform or the Everty Service other than to the extent necessary to receive Charging Services for which your Charging Session has already been accepted at the time of termination. You will not be allowed to start new Charging Sessions.

11.2 Where this Agreement has been terminated due to your breach of the Terms we will terminate your Everty Account will be cancelled and the Charging Fees will be refunded. In addition, we reserve the right to terminate any other or subsequent Everty Accounts that you may have.

11.3 Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after the termination of this Agreement shall remain in full force and effect.

11.4 Everty will use commercially reasonable efforts to secure payments of Charging Sessions, and all other sum payable under these Terms. Where despite Everty’s commercially reasonable efforts, Everty does not, for any reason whatsoever, secure payment from the User, Everty has no obligation or liability to make those payments to the Host. In the event of non-payment the Host may bring direct enforcement action against you to recover any sums which remain outstanding when due.

12. Disclaimers

12.1 The use of the Everty Platform is at your sole risk. It is acknowledged by you that Everty does not carry out, nor does it have any obligation to carry out, background or credit checks on Users or Hosts or verify Locations or Listings.

12.2 The Everty Platform and its content is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Everty provides you with the Everty Platform on the basis that the Everty excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Everty Platform.

13. Relationship of the parties

14.1 Nothing in this Agreement is to be construed as establishing or implying any partnership or joint venture between the parties nor as appointing any part to be an agent or employee of the other and neither party shall hold itself out as such save that you authorise Everty to take payment of the Charging Fee and other sums in accordance with these Terms on your behalf.

15. Third Parties

15.1 A person who is not a party to this Agreement shall have no rights under it as a third party beneficiary.

16. Variations

16.1 We reserve the right to change these Terms from time to time. We will notify you of any changes to these Terms by posting them on the Everty Platform.

17. Law and Jurisdiction

17.1 This Agreement is governed by and shall be construed in accordance with the laws of the New South Wales and the parties submit to the jurisdiction of the courts of the New South Wales.

NEW ZEALAND

These terms and conditions (the “Terms”) govern the relationship between you as a User, and Everty (EVERTY PTY. LTD. ACN: 619 045 279) with registered office address at 2/40 Ricketty St, Mascot NSW 2020 and sets out the terms of use of the Everty Platform and Everty Services.

You should read these Terms carefully before using the Everty Platform and Everty Services. If you do not agree to these Terms please do not use the Everty Platform or Everty Services. By registering with us and by using the Everty Platform and/or Everty Services you accept these Terms and that you agree to abide by them. This acceptance forms a legally binding contract between you and Everty (the “Use Agreement”).

1. Definitions:

1.1 In these Terms the following words have the following meanings:

Charging Connection means any electrical outlet (purpose-built for charging EVs or not, single-phase or three-phase of any appropriate amperage).

Charging Fee means the amount payable to the Host in respect of the Charging Session, being equivalent to the Session Fee minus the Everty Transaction Fee.

Charging Service means the provision of access to and use of the Location which includes the amenities set out in the charger Listing, such amenities being, at a minimum, a working Charging Connection and Parking Area.

Charging Session means the period of time which the User has booked to use the Charging Service.

EV means electric vehicle, applicable to battery electric vehicles and plug-in hybrid vehicles.

Everty Account means your account, as a User, registered on the Everty Platform and giving you access to the Everty Service.

Everty Platform means our Everty Website or any other platform through which Everty makes the Services available from time to time (collectively, the “Website”) and via applications for mobile devices (collectively, the “Application” or “App”).

Everty Pty. Ltd (“Everty”, ”we”, “who”) is the provider of a platform/websites/ applications to connect Hosts and Users for the purpose of Users parking and charging their EVs.

Everty Service has the meaning given in clause 2 of these Terms.

Everty Transaction Fee means the amount payable by the User to Everty for the delivery of the Everty Service as more particularly described in clause 5.4.

Host means the Host of the Location (Charging Connection and associated Parking Area).

Listing means any area of the Everty Platform which contains information provided by Hosts relating to a Location to allow Users to assess the suitability of the Location prior to making a Booking.

Location means the Charging Connection and Parking Area.

Parking Area means the off-street parking area associated with the Charging Connection.

Removal Fee means the costs actually incurred by the Host in procuring the removal of the vehicle.

Session Fee means the total amount payable by the User in respect of the Charging Session. 

Special Terms means additional charging terms imposed by a Host on a User as expressly stated in the Listing under the “charger access instructions” section.

User means the person using the charger at a Location through the Everty Platform and using the Everty Website.

2. Agreed Terms

2.1 The Agreement is made between Everty, each User, each Host and these Terms apply to all Everty Services.

2.2 The Everty Service is provided by Everty via the Everty Platform. The Everty Platform is an application through which (a) Users can view Listings, search for Locations, and pay the Fees; (b) Hosts can post Listings.

2.3 You acknowledge and accept that Everty provides the application and Everty itself does not provide or receive the Charging Service.

2.4 We may change the Terms from time to time. By using the Everty Platform, the Everty Service, or the Charging Services you indicate your acceptance of the Terms, as amended, in force at that time. If you do not accept the changes you can terminate this Agreement, but you will be no longer be entitled to use the Everty Platform, the Everty Service or the Charging Service.

3. Registration

 3.1 You must register for an Everty Account on the Everty Platform in order to use charging stations.

3.2 The registration process requires you to provide us with certain personal information, including but not limited to, title, first name, last name, address, and a valid email address. 

3.3 Everty will treat all personal information provided by you and by Hosts according to our Privacy Policy.

3.4 Everty Accounts are password protected. The password you create for your Everty Account when registering should remain confidential and should not be disclosed to anyone else. You will be liable and responsible for all actions and omissions occurring on your Everty Account whether or not authorised by or performed by you or on your behalf.

3.5 Should you suspect your Everty Account has been compromised please notify Everty immediately via hello@everty.com.au and we will deactivate your Everty Account enabling you to set up a new Everty Account with a different password.

3.6 We may suspend or close your Everty Account at any time if you are or we suspect that you are in breach of any term of this Agreement. If we suspend or close your Everty Account you will not be able to use our Services any longer and may not be able to access all areas of the Everty Platform.

4. Your Responsibilities

4.1 You must ensure the continued accuracy of the information provided when registering your Everty Account. Failure to do so may result in you not receiving notifications or other communications or suspension of your Listing. This includes an accurate representation of your Location’s availability, compatibility with electric vehicles, and functional status. A Host must inform Everty of any issue/issues in relation to the Location including but not limited to, a User’s inability to charge their vehicle for whatever reason by sending an email to hello@everty.com.au. Failure to do so could suspension of your Everty Account. Listing updates must also be emailed to hello@everty.com.au.

4.2 You will ensure, so far as possible before starting a charging session, using the information provided in the Listing, that the Charging Connection is compatible with your vehicle. This means, where the Charging Connection is of the tethered type that the tethered cable will fit your vehicle, and where the Charging Connection is of the untethered type that you will supply your own compatible cable to connect your vehicle type (unless the Listing indicates that the Host will supply a cable, and that cable is compatible with your vehicle). 

4.3 Where you are using your own charging cable you will ensure that it is safe, undamaged, and in working order. Neither Everty nor the Host will be liable to you in any way if you fail to charge your vehicle due to a fault with your cable, nor will they be liable to you for any postage or replacement costs should you leave your cable at the Location. The Host is authorised to dispose of any cable or other items left by you at the Location at any time without prior notice to you or Everty.

4.4  As a User, you must use the Charging Connection in accordance with the instructions provided by the Host. You must not attempt, nor will you allow anyone else to attempt, to charge a vehicle by any means other than a Charging Connection.

4.5 You will ensure that in connecting the Charging Connection to the vehicle you do not run a cable over public land.

4.6 You must not use or permit anyone else to use your Everty Account fraudulently, or in connection with a criminal offence, in breach of any applicable law or statutory duty, you will not use the Everty Service or Charging Service for any immoral or illegal purposes including, but not limited to harassment, fraudulent or vexatious activities, or money laundering. You must not publish or allow to be published in your Listing or anywhere else on the Everty Platform anything which is indecent, offensive or inflammatory.

4.7 You agree not to attempt to bypass Payment on Everty Service or Everty Platform.

4.8 You will not use the Everty Platform in a manner in such a way as to damage the functionality of the Everty Platform or reduce the use and enjoyment of the Everty Platform by other Users, Hosts or third parties. Further, you will not use the Everty Platform in a manner that may negatively affect the reputation of Everty.

4.9 You will at all times in your role as User or Host, be courteous and reasonable and not act in a way likely to harm Everty’s reputation or adversely affect Everty’s relationship with the Host. Everty reserves the right to suspend or terminate your Everty Account if we are notified that you have breached this clause.

4.10 You warrant you have the power, authority, and where necessary, the approval to enter into this Agreement. Also as a Host, you undertake to Everty that you are the Host or licensee of the Location and that you have full, unconditional right and authority to (a) enter into this Agreement with Everty; (b) provide the Charging Service.

4.11 The User is responsible for the vehicle and User safety at all times during its use of the Location and for ensuring that the vehicle complies with all applicable laws and regulations, including, but not limited to, roadworthiness and current insurance. The User may not use the Location or the Charging Service for any harmful, immoral or illegal purposes whatsoever. The User shall leave the Location clean and tidy.

4.12 The Host shall ensure that Charging connection is in working order at all times, and the Location is reasonably clean, tidy and safe to use during the charging session. The User must be able to use the Location on arrival. If the Location does not match the Listing, is not as described, or is malfunctioning or if an issue subsequently arises that halts your proper use of the Location the User must contact Everty. Everty may deal with the issue, as set out in clause 7.

4.13 You and/or Hosts may cancel the Charging Services only in accordance with the cancellation terms outlined in this Agreement, clause 5.11

4.14 As a Host, you understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Everty cannot and does not offer Tax-related advice.

5. Charging Sessions and Payment

5.1 You agree that Charging Sessions shall only be made through the Everty Platform and any associated Fees or other charges shall be processed and received by Everty on the Host’s behalf.

5.2 The price of the Charging Fee must be set by the Host.

5.3 Charging Sessions and associated Fees or charges shall be made in accordance this Agreement.

5.4 The Session Fee set out on the Listing includes the Everty Transaction Fee and the Charging Fee. 

5.5 Upon starting a Charging Session and paying for a Charging Session you acknowledge a binding legal agreement is then in place between you and the Host on the terms of this Agreement. 

5.6 You as the User will pay Everty the Session Fee in full. If a complaint is filed in accordance with clause 7 within 2 days after the end of the Charging Session and Everty upholds the complaint and determines that a refund is payable you will receive the appropriate refund within 10 business days. If Everty determines that the complaint and refund request is not justified no refund will be payable and the Charging Fees will be paid to the Host. 

5.7 In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Everty or its third party payment processor. You agree to pay Everty for any confirmed Charging Sessions made in connection with their Everty Account in accordance with these Terms. If you are directed to Everty’s third party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

5.8 The User shall remove their vehicle from the Location at the end of a Charging Session. Where the Host notifies us that the User has failed to remove their vehicle within a reasonable amount of time following the end of a Charging Session, Everty reserves the right to invoice the User a fee to reasonably recover any Fees which may have otherwise been collected, as well as any Removal Fee (if required) in accordance 5.9. 

5.9 In the event of an Overstay you acknowledge and accept that the Host may engage a professional third-party towing company to remove your vehicle from the Location. If the Host notifies us that this has occurred Everty will invoice the User for the Removal Fee and you are required to pay this sum immediately. Everty will credit this to the Host at the end of the month.

6. Everty’s rights and responsibilities

6.1 You acknowledge and accept that the Everty Platform is an application only and that Everty’s sole liability and responsibility is to use its reasonable commercial endeavours to provide the Everty Services in accordance with these Terms.

6.2 Everty does not verify the information contained in a Listing. Everty reserves the right to take a down any Listing at any time without liability to any Host where Everty considers that a Listing is inaccurate or otherwise does not comply with the terms of this Agreement with Everty but Everty is under no obligation to check or monitor the content of listings or respond to takedown requests made by any User or Host.

7. Complaints and Disputes

7.1 Complaints or disputes about the Charging Session are to be raised directly between Hosts and Users in the first instance.

7.2 In the event that you believe that the Charging Services provided are in breach of this Agreement or otherwise fall below your reasonable expectations and you and the Host cannot reach a solution, you may file a complaint with Everty within two working days of the end of the Charging Session via email to hello@everty.com.au. Please provide the time and date of the Booking, the Location and any evidence.

7.3 Following receipt of a complaint Everty will consider it with reasonable care and diligence.

7.4 In the event that you wish to request a refund of the Charging Fee, then you must clearly state so in the email regarding the complaint to hello@everty.com.au. All complaints and requests for refunds must be received within two working days of the end of the Charging Session. No refunds will be payable in any circumstances for any Complaints and requests for refunds received after this time.

7.5 When Everty receives a refund request we will ask you and the Host to provide relevant information and evidence and forward this to our complaints department. The complaints department will judge whether your Complaint is justified or not. The decision will be final. If Everty determines that the Complaint is justified and a refund should be made it may refund all or part of the Charging Fee as set out below.

7.6 In order to maintain the quality of Everty Services, Everty will monitor Complaints filed against Hosts and Users. Everty reserves the right to suspend or terminate the Everty Accounts of Hosts and Users who repeatedly receive Complaints which are later upheld by Everty.

8. Intellectual Property

8.1 We are the owner or the licensee of all intellectual property rights in the Everty Service and the Everty Platform, including the materials published on it.

8.2 You must not use any part of the materials on the Everty Platform for commercial purposes without our prior written approval or that of our licensors.

9. Liability and Indemnity

9.1 You acknowledge and accept that we do not provide the Charging Service and have no liability, whether arising in contract, tort (including negligence) or otherwise, for those services save as expressly set out in this Agreement.

9.2 No party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-offs, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.

9.3 Subject to clause 9.5 below, we shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by you in connection with the Everty Service or the Everty Platform or in connection with the use or inability to use the Everty Platform or Everty Services or results of the use of the Everty Platform or Everty Services.

9.4 Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services (in each case whether direct or indirect) nor for any indirect or consequential damages whatsoever arising out of this Agreement however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.

9.5 Nothing in this Agreement limits or excludes a party’s liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability that cannot be properly limited or excluded by applicable law.

9.6 You are responsible for ensuring that you have adequate insurance coverage to provide the Charging Services.

10. Termination and Withdrawal of Everty Service

10.1 Where you are a User, you may terminate this Agreement at any time by contacting Everty can clearly stating so in an email to hello@everty.com.au. 

10.2 We may terminate or suspend your Everty Account or any part of it (e.g. in respect of your User Everty Account but not your Host Everty Account) at any time by giving you 5 days notice, whether or not you are in breach or immediately in the event that you are:

10.2.1 in breach of any of the terms of this Agreement; or

10.2.2 we suspect you are about to commit a breach of this Agreement; or

10.2.3 you become or we suspect you are about to become bankrupt (or insolvent if you are a company).

10.3 We reserve the right to withdraw or amend the Everty Service that we provide via the Everty Platform without notice. We may also suspend access to the Everty Platform or withdraw it indefinitely at any time.

10.4 We will not be liable if for any reason the Everty Platform is unavailable at any time or for any period.

11. Consequences of Termination

11.1 Subject to clause 11.2, upon the termination of this Agreement you will no longer be entitled to use the Everty Platform or the Everty Service other than to the extent necessary to receive Charging Services for which your Charging Session has already been accepted at the time of termination. You will not be allowed to start new Charging Sessions.

11.2 Where this Agreement has been terminated due to your breach of the Terms we will terminate your Everty Account will be cancelled and the Charging Fees will be refunded. In addition, we reserve the right to terminate any other or subsequent Everty Accounts that you may have.

11.3 Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after the termination of this Agreement shall remain in full force and effect.

11.4 Everty will use commercially reasonable efforts to secure payments of Charging Sessions, and all other sum payable under these Terms. Where despite Everty’s commercially reasonable efforts, Everty does not, for any reason whatsoever, secure payment from the User, Everty has no obligation or liability to make those payments to the Host. In the event of non-payment the Host may bring direct enforcement action against you to recover any sums which remain outstanding when due.

12. Disclaimers

12.1 The use of the Everty Platform is at your sole risk. It is acknowledged by you that Everty does not carry out, nor does it have any obligation to carry out, background or credit checks on Users or Hosts or verify Locations or Listings.

12.2 The Everty Platform and its content is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Everty provides you with the Everty Platform on the basis that the Everty excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Everty Platform.

13. Consumer Law

13.1 If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the New Zealand Consumer Guarantees Act 1993.

13.3 The Everty Platform may be accessed throughout New Zealand and overseas. We make no representation that our Everty Platform complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access the Everty Platform from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the Everty Platform.

14. Relationship of the parties

14.1 Nothing in this Agreement is to be construed as establishing or implying any partnership or joint venture between the parties nor as appointing any part to be an agent or employee of the other and neither party shall hold itself out as such save that you authorise Everty to take payment of the Charging Fee and other sums in accordance with these Terms on your behalf.

15. Third Parties

15.1 Subject to any law to the contrary, a person who is not a party to these Terms shall have no rights under them as a third party beneficiary.

16. Variations

16.1 We reserve the right to change these Terms from time to time. We will notify you of any changes to these Terms by posting them on the Everty Platform.

17. Law and Jurisdiction

17.1 This Agreement is governed by and shall be construed in accordance with the laws of the New Zealandand the parties submit to the jurisdiction of the courts of the New Zealand.