These terms and conditions (Terms) apply to the use of electric vehicle (EV) charging equipment (Chargers) and the OTR Recharge mobile application (App) provided by On The Run Pty Ltd ABN 19 638 356 466 (OTR).

1. User Agreement: By accessing any of the Chargers or the App (EV Services), you (You, Your, or the User) acknowledge that You have received, read and agree to these terms and conditions including OTR’s privacy policy located at www.otr.com.au./otr_app/privacy page of the EV Services is deemed agreement to the Terms by You.
2. Usage Conditions: To use the EV Services, You must be at least 18 years of age. If any provision of these Terms is invalid or unenforceable, such provision will not affect the validity and enforceability of any of the remaining terms and conditions.
3. Changes to Terms: These Terms may be updated from time to time. You will be provided notice of any changes to these Terms by OTR posting an updated version of the Terms on the OTR website at www.otr.com.au/EVRecharge and/or in the App. Your continued use of the EV Services following notice of any changes to these Terms constitutes acceptance of the amended Terms.
4. Access and Authentication: You are required to create an account via the App to access the EV Services. This will involve providing Your personal information and verified payment details.
5. Access & Usage Conditions: You agree to comply with all applicable laws, rules and requirements, including all instructions and rules provided in the App and at an OTR site in relation to the use of the EV Services. You must only use the Chargers for their intended purpose of charging an EV and in accordance with any instructions provided by OTR. You must not modify, alter, adapt, disassemble, deface, or tamper with any Chargers, related signage or the App, or violate copyright, trademark or other intellectual property rights of OTR.
6. Account Security: You are responsible for maintaining the confidentiality and security of Your username and password and any access card that may be issued in relation to Your account. All activity carried out under Your account is Your responsibility. You must promptly notify us of any misuse of Your account, or the loss of any access card linked to Your account. Should You request it, we will promptly suspend or delete your account.
7. Charging Fees: The fees for use of the EV Services are disclosed in the App and may vary at each charging location or time of the day. The fees may include the cost per kilowatt-hour (kWh) of electricity, connection fees, reservation fees, idle fees and other applicable charges notified to You.
8. Payment Terms: The fees for the EV Services must be paid by You via debit or credit card. Where any payment is not authorised by Your financial institution, Your purchase will not be processed, and you will remain liable to OTR for the relevant payment. OTR may recover an admin fee for any payments that fail due to insufficient funds or related issues.
9. Customer Support: For support and help in using our EV Services please see our guide on the App at www.otr.com.au/ev-faqs. In the event of any Charger malfunction or technical issue, please report a fault in the App or email evhelp@otr.com.au.
10. Communications & Marketing: By creating an account or using the EV Services, You consent to OTR and its related entities (as defined in the Corporations Act 2001 (Cth)) using and disclosing your personal information to promote and market our products and services utilising email, digital advertising, SMS, MMS messages, and notifications and alerts via the App. If at any time You no longer want to receive such marketing or promotional offers, You may simply opt out of notifications by changing Your notification preferences via Settings on your device. To opt out of SMS and email simply send a request via www.otr.com.au/ev-contact-us.
11. EV Services and Charging Station Availability: Information about the availability of the Chargers, including operating hours and nearby services and facilities are displayed in the App. Planned and emergency maintenance and upgrades to the App and/or the Chargers may occur from time to time and may cause outages affecting your ability to access the EV Services. We will use our reasonable endeavours to limit such incidents.
12. Safety: The User must follow safety guidelines displayed in the App or at the Chargers location on an OTR site, including any instructions provided by OTR employees. It is essential to carefully read and understand the terms and conditions before using any Chargers. If you have any questions or concerns, you should contact OTR before proceeding.
13. Liability: Under Australian law, you have certain rights that cannot be limited or excluded, and nothing in these Terms seeks to limit or exclude any of those rights. Subject to this, the User assumes all risks and liabilities associated with the use of the EV Services, including all use of the Chargers. OTR is not responsible for any losses (whether direct or indirect), injury or vehicle damage that occurs while using or attempting to use the EV Services, except to the extent caused by OTR’s negligence or breach of these Terms. OTR will not be liable for outages, delays, interruptions, service failures and other problems inherent in the use of the EV Services or internet and electronic communications or other platforms.
14. Privacy and Data Usage: Information on how your personal data will be collected, stored, and used by OTR is available at www.otr.com.au/otr_app/privacy.
15. Code of Conduct: You must adhere to OTR’s code of conduct for EV recharging as it helps create a positive charging experience for everyone and promotes responsible and courteous behaviour at OTR’s charging stations. Standards for your behaviour while using OTR charging stations include:
    1. Respect Charging Etiquette: Users should be considerate of other EV owners by not using charging stations unnecessarily. Once Your vehicle is charged, move it to allow others access.
    2. Follow Charging Station Rules: Adhere to any rules or guidelines posted in the App or at charging stations, including time limits, parking restrictions, and any specific usage instructions.
    3. Maintain Cord and Connector tidiness: Return charging cables and connectors to their designated locations and Chargers to ensure efficient and safe charging for Yourself and others.
    4. Report Issues: If You encounter a malfunctioning or damaged charging station or Charger, report it promptly to minimise inconvenience for other users.
    5. Safety First: Always follow safety procedures when charging Your EV. Ensure the charging cable is securely connected and avoid any actions that could damage the Chargers.
    6. Minimize Idle Time: Once your vehicle is charged, promptly disconnect the Chargers from the vehicle, and vacate the parking bay to free up the Chargers for others. Avoid leaving your EV connected to a Charger when it is fully charged or when you no longer need further charge. Idle fees may apply once charging sessions have been completed.
    7. Respect EV Bay Reservations: If an EV Charger has been reserved, vacate it for the intended User.
    8. Be Patient and Courteous: Be patient while waiting for your turn to charge, and be courteous to other Users. Queuing orderly and limiting your charging to the power you need today will help all Users during peak periods.
16. Termination of Service: If you breach these Terms, or, in our sole discretion, we believe that you have committed or intend to commit fraud or have provided false or misleading information in connection with the EV Services or related services, or have disregarded the direction of an OTR employee or notice, we may terminate or suspend your account and/or EV Services. You may delete your account and/or stop using the EV Services at any time.
17. Complaints and Dispute Resolution: If you have any questions in relation to these Terms, please do not hesitate to contact us at evhelp@otr.com.au.
18. Intellectual Property: Unless otherwise indicated, we own or license from third parties all rights, title and interest (including all copyright and other intellectual property rights) in the EV Services, App, and in all of the material (including all text, graphics, logos, audio and software) made available on the OTR website or App. Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use and access the EV Services and App.
19. Indemnification: You agree to indemnify, keep indemnified, and hold OTR harmless from all claims, losses, or damages arising from Your use of the EV Service, except to the extent such claim, loss, or damage is caused by OTR’s negligence.
20. Governing Law: These Terms and your use of the EV Services are governed by the laws of South Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

v122023