Terms of Service
Last updated: May 2025
1. Agreement to Terms
By accessing or using the Quay Charge website, platform, or services (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use our Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.
2. Description of Services
Quay Charge provides an AI-enabled EV infrastructure operating platform for commercial and strata deployments. Our Services include site assessment, charging infrastructure deployment, platform access for monitoring and management, billing and reporting, and ongoing maintenance and support.
3. Service Agreements
Commercial deployments are governed by individual service agreements executed between Quay Charge and the client. In the event of any conflict between these Terms and a signed service agreement, the service agreement shall prevail.
4. Platform Access
Access to the Quay Charge platform is granted subject to the following conditions:
- You are responsible for maintaining the confidentiality of your account credentials
- You agree to notify us immediately of any unauthorised access to your account
- You will not share platform access with unauthorised third parties
- You will use the platform only for its intended purpose
- You will not attempt to reverse engineer, decompile, or disassemble the platform
5. Intellectual Property
All content, software, algorithms, designs, trademarks, and other intellectual property associated with Quay Charge and our platform remain the exclusive property of Quay Charge Pty Ltd. No licence or right is granted except as expressly set out in a signed service agreement.
6. Data Ownership
You retain ownership of all data you provide to us. By using our Services, you grant Quay Charge a licence to use your data to provide, maintain, and improve the Services. We may use anonymised and aggregated data for analytical and benchmarking purposes.
7. Payment Terms
Payment terms are specified in individual service agreements. Unless otherwise agreed, invoices are payable within 30 days of issue. Late payments may incur interest at the rate specified in the service agreement or, if not specified, at the rate prescribed by applicable law.
8. Warranties and Disclaimers
Our Services are provided “as is” and “as available”. While we strive for high availability and reliability, we do not warrant that the platform will be uninterrupted or error-free. To the maximum extent permitted by Australian Consumer Law, we disclaim all other warranties, whether express or implied.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.
9. Limitation of Liability
To the maximum extent permitted by law, Quay Charge shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or in connection with these Terms or the use of our Services.
Our total liability for any claim arising under these Terms shall not exceed the fees paid by you to Quay Charge in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless Quay Charge, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, your breach of these Terms, or your violation of any applicable law.
11. Termination
We may suspend or terminate your access to the Services at any time for breach of these Terms. Termination of commercial services is governed by the applicable service agreement. Upon termination, your right to access the platform ceases, and we may delete your account data after a reasonable retention period.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
13. Changes to These Terms
We reserve the right to update these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
14. Contact Us
If you have questions about these Terms, please contact us at:
Quay Charge Pty Ltd
Email: hey@quaycharge.com.au
Website: quaycharge.com.au