Terms of Use

Terms of Use for the eLu Application

IMPORTANT INFORMATION
You are required to carefully read and agree to these Terms of Use. To use the eLu Application, you will also need to read our Privacy Policy. The information in this box is to highlight certain legal aspects that are explained further below. If you have any questions about these documents, you can contact us by email at info@eLu.net.au. Is any liability excluded under the Terms of Use? Yes. If we are liable, our liability will be limited to supplying our services again or paying the cost of having the services supplied again. This limitation of liability is subject to any applicable laws, including the Australian Consumer Law. We also exclude all liability for any indirect, special or consequential loss or damage. Please see Clause 14.3. Will my personal information be shared with any third parties that may enable the third party to identify me? Yes. If you provide us with your personal information, your personal information may be shared with third parties (see Clause 6(b) and our Privacy Policy https://elu.net.au/privacy-policy for further details).

Last updated: 25 August 2023

Please read these Terms of Use carefully before ticking the box signifying that you have read, understood and accepted these Terms of Use.

This Agreement is between you and eLu Pty Ltd (ACN 667 494 171) (eLu, we, us or our), the provider of the eLu Application and eLu Services. Your use of the eLu Application and eLu Services is governed by this Agreement. It is a legal agreement between you and eLu.

In consideration for registering as a user of the eLu App, you confirm acceptance of these Terms. You may not make any use of the eLu App and eLu Services unless you have accepted these Terms.

  1. Definitions

For the purposes of these Terms:

To become a registered user, you must:

We will send you a verification code to your email address or mobile which you must use to verify your account before your account is able to be used.

Your account password must be protected securely at all times. Your password must satisfy at least two of the following three requirements: (i) be at least 8 characters long; (ii) contain an upper and lower case letter and/or (iii) contain a special character.

You are liable for all activity on your account. Should you discover any unauthorised use of your account, you must contact us immediately.

You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.

Once your account has been created, the eLu App and eLu Services may be used to charge a vehicle which is used for private or business use.

eLu grants you a revocable, non-exclusive, non-transferable, limited licence to access and use the eLu App and eLu Services strictly in accordance with the terms of this Agreement.

The licence that is granted to you is for the sole purpose of enabling you to use the eLu App and eLu Services in the manner contemplated by this Agreement and the licence is not capable of sublicense without eLu’ s prior written consent.

You agree not to, and you will not permit others to:

Breaching this provision may constitute a criminal offence and we may report any breach of the above nature to the relevant law enforcement authorities and disclose your identity to them.

If you wish to do so, you may upload a photo of you which is linked to your profile in the App. No other users of the App can view your photo.

We are not responsible for the entries, information or Content of the eLu App users. We do not monitor the data which is generated by users of the eLu App.  You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account. You grant eLu a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and licence to use your Content in respect of providing services via the eLu App.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, may incite violence or is otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

(collectively, Prohibited Content). By uploading any Content, you represent and warrant that the Content is not Prohibited Content. We can limit or revoke your use of the eLu App if you post Prohibited Content.

We reserve the right, but not the obligation to, in our sole discretion and where acting reasonably, determine whether or not any Content is appropriate and complies with this Agreement, or to refuse or remove any Content.

You agree to use the eLu App at your own risk. You agree that under no circumstances will eLu be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

Any feedback, comments, ideas, improvements or suggestions you provide to eLu with respect to the eLu App or eLu Services shall remain the sole and exclusive property of eLu.

eLu will be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the eLu App or any service to which it connects (including the eLu Services). We will provide you withreasonable notice before doing so (where reasonable for us to provide notice.

  1. Updates to the eLu App

We may, from time to time, provide enhancements or improvements to the features/functionality of the eLu App, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the eLu App. You agree that we have no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the eLu App to you.

  1. Third Party Services
    1. The eLu App may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
    1. You acknowledge and agree that we shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Services.
    1. You must comply with applicable Third Party terms and conditions when using the eLu App. Third Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such Third Parties’ terms and conditions.
  2. Term and Termination
    1. Term

The Agreement commences on the Effective Date and will continue until terminated in accordance with the remainder of this clause 12.

  1. Termination by eLu

We may terminate the Agreement at any time in writing if:

If we suspend or terminate your use and access, we will endeavour to inform you in advance.  However, there may be some cases (for example, repeated or flagrant violation of the Agreement, a court order, or danger to other users) where we may suspend or terminate your use and access immediately.

You are not entitled to any compensation, indemnity, damages or other payment from eLu as a result of eLu suspending or terminating your use of or access to the eLu App in accordance with this clause and such suspension or termination will be without prejudice to any other rights or remedies that we may have under the Agreement or under the law or equity.

  1. Termination by You

You may terminate the Agreement at any time with immediate effect by providing us with written notice to info@elu.net.au or by using the ‘Cancel Account’ feature in the eLu App. 

  1. Effect of termination

Upon termination, your licence to use the eLu App will end. Your user information, Content you have submitted or other personal information will be destroyed or de-identified when no longer required (i) for a purpose for which it may be used/disclosed, or (ii) to comply with our legal obligations.

  1. Survival of Terms

Any termination by either party will not affect any rights, obligations, liabilities or licenses that are either expressed in the Agreement to be continuous or are intended to continue indefinitely by implication.

  1. Indemnity
    1. You agree to indemnify and hold eLu and its related bodies corporate, directors, officers, employees, consultants, agents, partners and licensors (if any) harmless from any and all third party claims or demands, liabilities or costs including but not limited to reasonable legal fees, due to or arising out of your: (a) unauthorised use of the eLu App or eLu Services; (b) breach of this Agreement or any law or regulation; or (c) violation of any right of a third party. You are not obligated under this indemnity to the extent that any claim arises from our breach of this Agreement.
  2. Limitation of Liability
    1. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
  1. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, the eLu App and the eLu Services.  Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, will be limited as provided and as per our option under section 64A of the Australian Consumer Law (namely, to supplying the services again, or the payment of the cost of having the services supplied again). However, this limitation of liability does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
    1. To the extent permitted by law, in no event will eLu, its related bodies corporate, its directors, its officers, employees, agents, suppliers:
  1. Severability and Waiver
    1. Severability

If any provision of this Agreement is held to be unenforceable or invalid, the provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

  1. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement will not affect a party’s ability to exercise such right or require the performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.

  1. Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion (where acting reasonably). If you do not agree to any amendments to the Agreement, then you may terminate the Agreement with immediate effect by providing us written notice by emailing us at info@elu.net.au including the reason for your termination.

By continuing to access or use the eLu App or the eLu Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the eLu App or eLu Services.

  1. Events outside our Control

We accept no liability for any failure to comply with the terms of this Agreement where the failure is due to circumstances beyond our reasonable control.

  1. Assignment

You cannot assign your rights or obligations under this Agreement without our prior written consent (which will not be unreasonably withheld). We can novate or assign our rights and obligations under this Agreement without restriction.

  1. Governing Law

The laws in force in the State of New South Wales, excluding its conflict of law rules, govern this Agreement and your use of the eLu App. Your use of the eLu App may also be subject to other local, state, national, or international laws. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

The Agreement constitutes the entire agreement between you and eLu regarding your use of the eLu App and eLu Services and supersedes all prior and contemporaneous written or oral agreements between you and the eLu (to the extent permitted by law).

We respect and honour Aboriginal and Torres Strait Islander Elders past, present and future. We acknowledge the stories, traditions and living cultures of Aboriginal and Torres Strait Islander peoples on this land and commit to building a brighter future together.

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