Ohme Product and Service Terms and Conditions – Australia
THROUGH THE USE OF THE PRODUCT AND THE OHME APP WE PROVIDE YOU WITH A SERVICE THAT ALLOWS YOU TO CONTROL AND OPTIMISE YOUR ELECTRIC CAR CHARGING ACCORDING TO THE PREFERENCES AND CHARGE SCHEDULES YOU SET BY USING OHME PRODUCTS. WE HAVE SET OUT BELOW THE TERMS AND CONDITIONS UNDER WHICH WE SUPPLY ALL OHME PRODUCTS AND PROVIDE THIS SERVICE TO YOU.
IMPORTANT NOTICE:
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE PLACING AN ORDER FOR AN OHME PRODUCT, REGISTERING FOR AN ACCOUNT OR SIGNING UP FOR THE OHME SERVICE.
BY PURCHASING OR USING ANY OHME PRODUCTS OR SERVICES, REGISTERING AN ACCOUNT, OR USING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
You should print a copy of these Terms for future reference.
When reviewing these Terms, please pay particular attention to the following:
- Why do we need these Terms?
- Our Charges;
- Returning your Ohme Product;
- Support and contacting us;
- Changes to these Terms;
- Restrictions on your use of the Ohme Products;
- Our responsibility to you; and
- Ending the Service.
1. Information about us
1.1. If you purchase your Ohme Product or are registered or resident in Australia, your agreement is with Ohme Operations Australia Pty Limited of Suite A, 35 Alexandra St, Hunters Hill NSW 2110 Australia.
The relevant Ohme entity is referred to in these terms as “Ohme”, “we”, “us” or “our”.
2. Our Contract with you
2.1. These Terms apply to any order placed by you for the supply of Ohme Product(s) by us to you and your use of the Service (defined below). Except as otherwise expressly stated in these Terms, no other terms are implied by trade, custom, practice or course of dealing.
3. What we do
3.1 We aim to enable you to save you money, help the environment and extend your electric vehicle battery life by helping you to control the timing and speed of charging when you recharge your electric vehicle.
3.2. We do this by supplying an Ohme intelligent EV products (“Ohme Products”) which must be used with our mobile software application ‘Ohme – Intelligent EV charger’ and integrations with devices such as the Ohme Alexa Skill (“App”) to remotely set your preferred profile for charging your electric vehicle battery (“Service”).
4. Why do we need these Terms?
4.1. Where we refer to “you” in these Terms – this means any person who purchases a Ohme Product and accesses or uses the Service and/or the Website and any person who creates an account with us (please see the ‘How do you access the Service?’ section below for more information).
4.2. These Terms apply to access and use of the Website, the App, the purchase of Ohme Product(s) and your use of the Service and together with the App end user terms (“App Terms”) which are available here which together form the contract between you and us.
4.3. The App Terms will apply in addition to these Terms when you are using the App to access the Service.
4.4. The App Terms also contain important information about the limitations of our responsibilities in respect of third party content and restrictions on your use of the App. These provisions also apply to the operation of the Website. Please review these carefully before using the Website or the App.
4.5. Our Privacy Notice is available here and explains how we may use your personal data in relation to the Website, the Service, the App and your purchase of the Ohme Product(s).
5. How do you access the Service?
5.1. When you receive an Ohme Product you will need to download the App and create a user account (“Account”) in order to access the Service.
5.2. You must keep your Account login details confidential. You are responsible for all activities that occur under your Account.
5.3. All information you input into your Account or the App including any vehicle registration information must be accurate at all times.
5.4. If you know or suspect that anyone other than you knows your Account login details, please notify us as soon as possible by emailing [email protected].
5.5. All information within your Account and generated by your use of the App will be available to us.
5.6. We can disable your Account at any time if we find out that your Account is being used in a way that is not compliant with these Terms or the App Terms.
6. How do you use the Service?
6.1. You can create charge schedules based on your daily routine and monitor the charging of your vehicle. Please be aware that the App may automatically update a charge profile if it determines that the charge schedule you have chosen is not achievable within the given timeframe.
6.2. Cost based charging schedules will only apply when you are using a time-of-use electricity tariff at the charging point. You may be required to enter the details of your selected electricity provider and applicable electricity tariff details. It is your responsibility (and not Ohme’s) to obtain the correct tariff from your electricity provider and to ensure those details are entered correctly. In those circumstances, to the maximum extent permitted by law, Ohme disclaims all liability for any loss or damage arising out of or in connection with the incorrect configuration of your electricity provider or electricity tariff details.
6.3. The Service may also adjust charging based on the electricity system conditions, which could include but are not limited to: constraints on local distribution & national transmission networks, shortages/overcapacity of available load, requests from the grid operator to increase, reduce or stop charging of individual or groups of chargers in order to facilitate grid flexibility and/or to address any safety concerns.
6.4. Ohme Product is designed to operate in co-ordination with grid demands and the charging rate may be limited for brief periods to facilitate the need to manage the electrical demand.
6.5 To the maximum extent permitted by law, Ohme is not responsible for and disclaims liability for any loss or damage arising out of or in connection with changes to the charging rate in connection with changes in electricity system conditions, grid demands, electricity tariff adjustments or other services or products supplied by a third party.
7. Support and contacting us
7.1. If you experience problems purchasing the Ohme Product, using the Website, the Service, or the Ohme Product you can find help on the Help Centre pages in the App or the Website or get in touch using the App’s integrated chat function which is available between 09:00 – 18:00 AEDT/AEST or email our support team at [email protected].
7.2. We may ask you to complete short surveys from time to time when you log into the App to assist us in improving your user experience and fix issues that arise with the App or Website. Personal information we collect in connection with these surveys will be handled in accordance with our Privacy Policy.
8. Our Charges
8.1. The price of our Ohme Product (which includes GST) will be the price indicated on the order pages when you placed your order or will be communicated to you by us or an Ohme partner (.i.e. a party working with Ohme). All price information may be subject to change.
8.2. Where relevant, ongoing Global System for Mobile Communications (“GSM”) connectivity costs included in the pricing of any charging cable ordered will be indicated on the order pages when you placed your order or will be communicated to you by us or an Ohme partner.
8.3. We do not currently charge a fee to download the App or for using the Service.
8.4. We may decide to introduce a fee for downloading the App or using the Service in the future. We will always let you know in advance of any changes in our fees and will give you the opportunity to decide whether you want to continue using the Service.
9. Placing an order and how to pay
9.1. If you are a business customer you can purchase Ohme Products by placing an order with us or through one of our Ohme partners. If purchasing from us, prices are as published on our Website from time to time and, unless otherwise specified, exclude applicable taxes and delivery costs, which vary based on delivery address. You are responsible for all taxes levied, imposed, collected withheld, assessed or charged in respect of your order, and for all delivery costs. The price payable, applicable taxes and delivery costs will be confirmed based on your location and are payable in accordance with the applicable sales quotation. If you are a consumer you can purchase Ohme Products by placing an order through one of our Ohme partners.
9.2. If you are a business customer, our order process allows you to check and amend any errors before submitting your order to us. Each order placed is an offer by you to buy Ohme Product(s) subject to these Terms. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
9.3. You will receive an email from us to confirm we have accepted your order. This email will make reference to the order number that we will assign when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
9.4. If we cannot accept your order, we will email you to let you know and will not charge you for the Ohme Product. A reason for not accepting your order might be because:
9.4.1. the Ohme Product is out of stock;
9.4.2. of unexpected limits on our resources which we could not reasonably plan for;
9.4.3. we have identified an error in the price or description of the Ohme Product;
or
9.4.4. we are unable to meet a delivery deadline you have specified.
9.5. By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
10. Delivery of the Ohme Products
10.1. We aim to send all orders within 2 working days (subject to stock availability) from confirmation of acceptance of your order. You will receive an email once your order has been sent. Any delivery charges will be brought to your attention before you submit your order and must be paid by you as notified by Ohme.
10.2. Delivery is complete once the Ohme Product(s) have been delivered to the address for delivery set out in your order and responsibility for loss or damage to the Ohme Product will be your responsibility from that time.
10.3. We do not accept any responsibility for late delivery of the Ohme Product(s).
10.4. You own the Ohme Product(s) once we have received payment in full, including of all applicable delivery charges.
11. Changing your order
11.1. We are unable to make any changes or amendments to orders once they have been accepted by Ohme.
11.2. If you wish to add items to your order, you will have to place a separate order. Any additional orders will be subject to separate postal charges.
12. Returning your order
12.1.1. If you want to return your order because the Ohme Product(s) is faulty or was misdescribed, you may have a right to get the Ohme Product(s) repaired or replaced or to get some or all of your money back.
12.1.2. Where the Ohme Product does not comply with the Ohme Product Warranty (see clause 13.3) (Product Warranty), you may contact us and we will arrange for the repair or replacement (as necessary) of the Ohme Product at no cost to you.
12.1.3. The Ohme Product Warranty is in addition to other rights you may have with respect to the Ohme Product under applicable consumer protection law. If you are an Australian consumer, the Australian Consumer Law will apply. See clause 21.5 for further details.
Returns process
12.2. Once you have notified us that you wish to return the Ohme Product(s), you must return the unwanted Ohme Product(s) within 14 days of notifying us of your decision to cancel. Please return the Ohme Product(s) to Ohme Operations Australia Pty Limited c/o Suite 2, Level 3, 189 Kent Street, Sydney 2000, Australia.
12.3. You are responsible for return postage costs and are liable for the Ohme Product until it is received by us. We recommend that you use a tracked and insured returns process.
12.4. Once your return has been received by us, we will confirm receipt of the returned Ohme Product and contact you to arrange the refund or exchange. When your return is processed, we will send you a confirmation email. You will receive any refund within 14 days from the day on which we receive the Ohme Product(s).
12.5. If you return the Ohme Product(s) because of a substantiated claim under clause 12.1, we will refund the basic cost that you paid us to deliver the Ohme Product(s) to you.
12.6. If you wish to have a replacement Ohme Product or a refund, please return the Ohme Product using the process above, and we will refund the delivery costs. You are responsible at all times for the safeguarding of the faulty Ohme Product until it has been returned to us. We will email you to confirm receipt of the returned Ohme Product.
12.7. Subject to clause 21.5, we will not repair, replace or refund any returned Ohme Products which are faulty and which are no longer covered by our warranty. By way of illustration and without limitation, we will not accept the return or replacement of a Ohme Product where the product has been deemed faulty due to damages or defects caused by (i) improper use of the Ohme Product, including use other than described in the user manual; (ii) exposure of the Ohme Product to environmental conditions unsuitable for its use; (iii) incorrect installation by installers who have not been expressly authorised by us; or (iv) vandalism, bad weather or damages to your own electricity supply.
13. Ohme Product.
13.1. The Ohme Product is supplied to you on the basis that it you will use it in accordance with the user manual which accompanies the Ohme Product(s). You must read, understand and comply with the terms of the user manual. Your Wi-Fi network must have a sufficiently strong signal to enable a good connection to the Ohme Product at your chosen installation position. Wi-Fi enabled Ohme Product(s) (like most IoT devices) use 2.4 GHz frequency so your Wi-Fi must have this frequency band for the Ohme Product to connect to otherwise the Ohme Product will not work effectively.
13.2. At present the Ohme Product is to be used in countries in which Ohme operates which are the UK, Ireland, Netherlands, Belgium, France, Spain, Italy, Portugal, Germany and Australia (the “Relevant Countries” and each a “Relevant Country”). These countries may be added to by Ohme from time to time as it commences operations in new countries.
13.3. We provide a product warranty that on delivery and for a period of 36 months from the date of installation of an Ohme Product purchased in and delivered to Australia (see below). This warranty is in addition to your rights under Australian Consumer Law, the Ohme Product shall:
13.3.1. conform with the description of the Ohme Product described on the Website at the time of purchase; and
13.3.2. be free from material defects in design, material and workmanship.
13.4. We will not be responsible for a breach of the product warranty if:
13.4.1. you change your mind;
13.4.2. you make further use of the Ohme Product after giving notice to us that the Ohme Product does not conform with the description or is defective;
13.4.3. you alter or repair the Ohme Product;
13.4.4. your Wi-Fi network does not have a sufficiently strong signal or provide access to the specified frequency band for the Ohme Product to enable intelligent charging as described above; or
13.4.5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions or by someone other than Ohme; or
13.4.6 the defect arises from the environment or “Act of God” such as fire, earthquake, flood or other event beyond our control; or
13.4.7 the defect is brought to your attention before your purchase (such as goods labelled as seconds with their faults clearly marked).
13.5. The product warranty is contingent upon you fulfilling your payment obligations in accordance with these Terms. In the event of non-payment, default on instalment payments, or any other breach of the payment terms, the warranty coverage for the Ohme Product shall be voided after 12 months from the date of delivery and Ohme thereafter reserves the right to refuse any warranty claims and deny any repair or replacement requests, except for those made in accordance with the Consumer Guarantees.
13.6. These Terms also apply to any repaired or replacement Ohme Product(s) supplied by us to you.
14. Changes to these Terms.
14.1. We may need to change these Terms from time to time. Any changes we make will be posted on this page. We may notify you of any change by sending you an email with details of the change or notifying you of a change when you use the Website or App. Any changes to these Terms that increase your obligations or decrease your rights will not take effect until you confirm acceptance of the change in writing or via the App. For all other changes, continuing to access and use the Ohme Product, Website, Service or App will be deemed acceptance of the change. Please ensure that you review any updates to the Terms before continuing to use the Website, Service or App.
15. Changes to the Website.
15.1. The Website is made available free of charge.
15.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Website may be suspended or withdrawn or the availability of all or any part of the Website may be restricted for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
15.3. You are responsible for ensuring that anyone who accesses the Website through your internet connection is aware of these Terms and that they comply with them.
16. Ownership of Rights and use of data.
16.1. We are the owner (or the licensee) of all underlying intellectual property rights in the Ohme Product (including the software embedded), the Website (including the material published on it), and the App.
16.2. Subject to clause 19.5, we own all the intellectual property rights in any new materials generated from your use of the App and the Service and you automatically assign all such intellectual property rights to us.
16.3. We own and have the rights to use any data or information generated during or in connection with your use of the Website, the App, the Ohme Product and our Services. Any personal information comprised within this data or information, and any other personal information you provide to us, will be handled in accordance with and as set out in our Privacy Policy.
17. How you use the Website
17.1. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
17.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
17.3. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
17.4. Although the Website, App and Service is accessible worldwide, it can only be used with our Ohme Products which must be used on a vehicle located in a Relevant Country. Please be aware that some, or all, of the features of the Website, App or Service may not work when you access them from outside of a Relevant Country.
18. Viruses
18.1. We do not guarantee that the Website, the App or your use of the Service will be secure or free from bugs or viruses.
18.2. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
18.3. You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to the Website or App. We also do not permit attempts to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer, database connected to the Website or the attachment of the Website via a denial-of-service attack or a distributed denial-of-service attack.
18.4. Anyone involved in the above mentioned activities will be restricted from using the Website or the Service and is at risk of having committed a criminal offence, including under applicable state and/or federal criminal codes. If we become aware of any such activities, we will report them to the relevant law enforcement authorities and will have to share the identity of those involved.
19. Forum and communication with other users.
19.1. We may offer functionality that allows sharing of information through an in-App chat forum (the “Forum”). All personal information you display or communicate using the Forum becomes publicly available information and you should take care before sharing any personal information through the Forum.
19.2. We can remove at any time communications that we reasonably consider to be obscene, defamatory or abusive. If you publish any content that we consider of this nature you will be responsible for any loss to you or us caused as a result.
19.3. Additionally, when using the Forum, please be aware that internet transmissions are never completely private or secure. Any message or information you send using the Forum may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
19.4. If you choose to communicate or meet with any other user by exchanging postal/email addresses, telephone numbers or otherwise via the Forum, you do so at your own risk.
19.5. Any content you upload to the Forum will be considered non-confidential. You will still own the rights in your content that you share on the Forum, but you license that content to us for our non-exclusive use without limitation. We will not be responsible for any royalty payments or any other compensation related to such content. We may freely use and transfer the content.
20. Restrictions on your use of the Ohme Product.
20.1. You may not use the Ohme Product, the Website, the App or the Service for commercial purposes, for any unlawful purpose or in any way that is inconsistent with these Terms.
20.2. We do not guarantee that:
20.2.1. the Ohme Product will be compatible with all vehicles;
20.2.2. the Ohme Product will charge your vehicle in accordance with the charge schedule; or
20.2.3. firmware, software or App updates or all features of such updates will be available to, or compatible with, any or all Ohme Products sold or installed prior to the release date of such updates.
20.3. You must not:
20.3.1. tamper with or disassemble any part of the Ohme Product; or
20.3.2. use the Ohme Product if you know or suspect that it might be damaged in any way.
20.4. You understand that all repairs to the Ohme Product(s) shall be conducted by us and you must promptly notify us of any issues you have with your Ohme Product.
20.5. Where you breach any part of these Terms we may take legal action against you.
21. Our responsibility to you.
21.1. Whilst you receive this Service free of charge we will not be responsible for any losses you suffer as a result of using our Service other than where we are required by law to remain responsible for such losses.
21.2. Other than where we are required by law to remain responsible for all losses suffered by you as a result of using the Ohme Product, our total responsibility to you under or in connection with these Terms is limited to the amount you paid for the Ohme Product.
21.3. Except as otherwise expressly stated in these Terms and to the maximum extent permitted by law, we are not liable and do not have responsibility for any loss, costs, damages which are caused by the following:
21.3.1. your use and/or misuse of our Ohme Product(s), the Website, the App or the Service, except where this is caused by our negligence;
21.3.2. the way charging schedules have been configured by you;
21.3.3. charging constraints, adjustments to the application of your charging schedule or adjustments to your charging schedule we make based on electric distribution system requirements;
21.3.4. an incorrectly set up personal electronic device (e.g. mobile phone) or Home Charger used to access the Service including any time zone configuration;
21.3.5. a fault with your vehicle;
21.3.6. a failure in the power supply or electrical distribution when an Ohme Product is charging your vehicle; or
21.3.7. third-party products and services that are beyond our control which we rely on to provide part of the Service, including installation error or damage caused by installation to physical property (e.g. the wall or electricity supply).
21.4. We do not exclude or limit in any way our responsibility to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and of merchantable quality; supplied with reasonable skill and care; and for defective products.
21.5 Australian Consumer Law.
21.5.1. You may also have rights under applicable consumer protection law with respect to your purchase of an Ohme Product. These Terms do not exclude or limit any guarantee, condition, warranty, or any other right or remedy you may have under applicable Australian consumer protection law (“Consumer Guarantee”) to the extent such Consumer Guarantee cannot be excluded, limited or modified at law. Any disclaimer, exclusion or limitation in these Terms applies to the fullest extent permitted by law and subject to any Consumer Guarantee that cannot be excluded, limited or modified at law.
21.5.2. Where Ohme fails to provide a Ohme Product or the Service in accordance with applicable Consumer Guarantees, to the extent permitted by law and subject to your rights under applicable law, our liability to you will not exceed the cost of refunding to you fees you have paid for the Ohme Product or Service (as applicable). If you wish to seek a refund, you should follow the process in clause 12.
22. Ending the Service
22.1. These Terms will remain in full force and effect as long as you continue to access or use the Ohme Product or the Service, or until terminated by you or us in accordance with these Terms.
22.2. We may suspend or close your Account and terminate Terms and your right to use the Website, App and/or Service if you use one of them or the Ohme Product in a way that doesn’t comply with these Terms or the App terms, or to or carry out illegal activities.
22.3. Any provision in these Terms which is expressed to survive or which by its nature is intended to survive will survive termination or expiry of these Terms.
23. No rights for third parties
23.1. Subject to clause 23.2, these Terms are between you and us. Nobody else has any rights under these Terms (except someone you pass your guarantee on to) to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
23.2. Ohme Operations Australia Pty Limited may transfer its rights under these Terms to another group company provided that such transfer will not adversely impact upon your rights or obligations under this agreement. We will notify you, by email or otherwise, where an assignment is made pursuant to this clause 23.2.
24. Governing law and jurisdiction
24.1. By purchasing or using Products, Services or the Website you are agreeing to these Terms as amended from time to time. Ohme will publish updated Terms on the Website. You agree to be bound by the updated Terms for any future orders of Ohme Products or Services. If you do not accept the updated Terms, you may cease ordering Ohme Products and/or close your account with Ohme.
24.2. Your agreement is with Ohme Operations Australia Pty Limited and these Terms are governed by the laws of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
Last updated: 13 February 2024