These terms and conditions (Terms) constitute the agreement which is entered into by EV Charging Systems (Trading as Go Charge) (ABN 52 673 135 941) (GO CHARGE, Us or We) and You (You) which govern Your access to and use of the GO CHARGE App (GO CHARGE App), including any content, functionality, products, and services, offered through the GO CHARGE App. By accessing or using the GO CHARGE App, You agree to be bound by these Terms. GO CHARGE may amend these Terms from time to time, and You will be subject to any Terms in their amended form. It is Your responsibility to regularly check the GO CHARGE App for updated versions of these Terms. If You object to any variation to these Terms, Your only remedy is to immediately discontinue Your use of the GO CHARGE App.
The GO CHARGE Network is the EV charging network managed by GO CHARGE. Using a Charging Station on the GO CHARGE Network is done at Your own discretion and risk and GO CHARGE shall not be liable for any damages, malfunctions, or any other consequences arising from such use.
3.1 Eligibility: The GO CHARGE App can be downloaded from the App Store or Google Play Store. You must be at least 16 years old to create and use a GO CHARGE App account (GO CHARGE App Account). By creating a GO CHARGE App Account, You represent and warrant that You meet this requirement.
3.2 Account Information: You agree to provide accurate, current, and complete information when creating a GO CHARGE App Account and to keep this information updated.
3.3 Account Security: You are solely responsible for maintaining the confidentiality of Your GO CHARGE App Account login information and for all activities conducted on Your Account, whether authorised by You or not. You agree to notify GO CHARGE immediately of any unauthorised use or security breach related to Your GO CHARGE App Account.
4.1 General Information about Fees and Charges
4.2 Payment Method and Payment Processing
4.3 Pre-Authorisation Hold
4.4 Charging Cost
4.5 Refunds
If You request a refund, then subject to applicable laws (Applicable Laws), including Australian Consumer Law, the following conditions apply:
4.6 Suspension or termination for non-payment
Contact information for Support is available by clicking the “Help” button, near the top of each Charging Station Listing in the GO CHARGE App.
6.1 Permitted Use: You agree to use the GO CHARGE App solely for its intended purpose of locating and using Charging Stations. Unauthorised use of the GO CHARGE App, including but not limited to fraud, abuse, or exploitation, is strictly prohibited.
6.2 Prohibited Activities: You agree not to:
6.3 Reasonable Care: You must use reasonable care when using any Charging Station. GO CHARGE shall not be liable for any loss or damage to any Charging Station, which occurs during Your use of any Charging Station, whether caused by Your misuse or intentional damage, or by the passengers of Your EV, or others with You.
6.4 Acknowledgements: You acknowledge and agree that, subject to Applicable Laws, including Australian Consumer Law:
7.1 You are solely responsible for any content You submit or upload to the GO CHARGE App. By submitting content, You grant GO CHARGE a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, and distribute such content.
7.2 You acknowledge that Your use of the GO CHARGE App and its associated support services (Support Services) will generate customer data (Customer Data) which is stored by or on behalf of GO CHARGE and the App Developer and is accessible by GO CHARGE and the App Developer. You also acknowledge that GO CHARGE and the App Develoer may provide personal information (Personal Information), including Your name, location and concerns relating to Your use of the GO CHARGE App, to their agents, contractors, service providers and related companies for the purposes of supporting and improving the GO CHARGE App, Support Services, and the Software.
7.3 You grant to GO CHARGE and the App Developer the rights to access and use Your Customer Data for the purposes of providing the GO CHARGE App and associated Support Services to You. GO CHARGE and the App Developer may access and use Your Customer Data at its discretion.
7.4 You agree not to, nor allow others to, upload, store or access any Customer Data on the GO CHARGE App or Software if such use may breach any privacy law (Privacy Law) or breach any other Applicable Law. GO CHARGE and the App Developer reserves the right to remove Your Customer Data from the GO CHARGE App that GO CHARGE and/or the App Developer considers is in breach of Privacy Law.
7.5 You acknowledge and agree that unless otherwise agreed in writing, all intellectual property rights
(IP Rights):
vest in, remain the sole property of, and are irrevocably assigned to GO CHARGE and the App Developer and You agree that You must not infringe or use the IP Rights of GO CHARGE or the App Developer without the prior written consent of GO CHARGE or the App Developer.
8.1 You agree that Your Customer Data (including Personal Information that You provide to GO CHARGE and the App Developer), may be used by GO CHARGE and the App developer to:
8.2 GO CHARGE and the App Developer may provide Your Customer Data to their agents, contractors, service providers and related companies for the purposes of, or in connection with Your use of the GO CHARGE App and Support Services, for the same purposes detailed in subclause 8.1 above.
8.3 You agree that GO CHARGE and the App Developer may use and analyse Your Customer Data (including Personal Information that You provide to GO CHARGE and the App Developer) for the purpose of improving the GO CHARGE App, Support Services and Software;
8.4 You acknowledge that some of GO CHARGE’s agents, contractors, service providers or related companies may be in jurisdictions other than Australia, including the United States and the European Union. You agree that for them to assist in the operation and improvement of the GO CHARGE App, Support Services and Software, some or all of Your Customer Data and Your EV Data may be transmitted, stored and processed by GO CHARGE’s agents, contractors, service providers or related companies located in jurisdictions other than Australia. You agree that section 8.1 of the Privacy Act will not apply to such disclosures and that if an overseas recipient breaches the Australian Privacy Principles (APPs) that entity will not be bound by, and You will not be able seek redress under, the Privacy Act.
9.1 Termination by GO CHARGE: GO CHARGE reserves the right to terminate Your access to the GO CHARGE App with immediate effect, at any time, with or without cause, if You violate these Terms or for any other reason deemed appropriate by GO CHARGE, including where:
(a) any of Your acts or omissions have resulted in:
(b) You have breached a provision of these Terms; or
(c) GO CHARGE has a reasonable belief that You are using the GO CHARGE App unethically, unlawfully or contrary to any law or regulation; or
(d) GO CHARGE is required to do so by law.
9.2 Termination by You: You may delete Your Account at any time by clicking “delete account” within the GO CHARGE App or by contacting GO CHARGE.
9.3 Survival of Indemnities: Any indemnities given by You and any limitations of GO CHARGE’s liability survive such termination. Termination does not affect the rights of either Party accrued up to the date of termination. The termination or expiry of our agreement does not operate to terminate any rights or obligations that by their nature are intended to survive termination or expiration.
10.1 GO CHARGE may suspend Your use of the GO CHARGE App if it reasonably determines that it is necessary to do so, including where:
10.2 Subject to Applicable Laws, GO CHARGE shall not be liable to You or any third Party for any loss or damage whatsoever suffered by any person as a result of any such suspension under these Terms.
10.3 Neither Party will be liable for any failure to perform or delay in performing its obligations under these Terms if that failure or delay is due to an Unexpected Event. This paragraph does not affect the obligation to make payment under these Terms.
11.1 The GO CHARGE App is provided “as is” and “as available” without any warranties of any kind, either express or implied. GO CHARGE does not guarantee that the GO CHARGE App will be available at all times or that it will meet Your requirements.
11.2 Subject to the Limitation of Liability provisions of these Terms, all express or implied representations, conditions, warranties and provisions relating to these Terms that are not contained in it, are excluded to the fullest extent permitted by law.
11.3 Subject to the Limitation of Liability provisions of these Terms, GO CHARGE does not give any guarantee, indemnity or warranty or make any representation of any kind, express or implied, written or oral, arising by statute, operation of law, course of dealing, usage or trade or otherwise with respect to the provision of the GO CHARGE App and Support Services in connection with these Terms, except as expressly stated in it or under a consumer guarantee which cannot be legally excluded.
11.4 Despite anything contained in these Terms, the Australian Consumer Law may give You statutory rights including guarantees and remedies that cannot be excluded or modified by these Terms.
12.1 GO CHARGE is not liable, and You hold GO CHARGE harmless and You will fully indemnify GO CHARGE in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
13.1 If GO CHARGE is found to be liable for a breach of these Terms and liability cannot be excluded, to the fullest extent possible under the law, GO CHARGE limits its liability to You for any breach to the re-supply or repair of the GO CHARGE App or Support Services affected by the breach, or payment of an amount equivalent to the relevant Fees paid by You for the provision of the GO CHARGE App or Support Services affected by the breach (up to a maximum of the 12 months preceding any such claim).
13.2 Nothing in these Terms limits the rights You may have under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010. However, if such laws can be contracted out of, You agree that such laws do not apply to You. If GO CHARGE is found to be liable for a breach of these Terms and liability cannot be excluded, to the fullest extent permitted by law, GO CHARGE shall not be liable for any indirect, incidental, consequential loss (Consequential Loss) or punitive damages arising from Your use of the GO CHARGE App and Support Services, including, but not limited to, loss of profits or data.
14.1 You acknowledge and agree that:
15.1 If You have an issue with the GO CHARGE App, You should contact GO CHARGE for assistance.
15.2 If a dispute arises under these Terms, then the Parties agree to first seek to resolve the issue through informal discussions. The Party seeking resolution must notify the other Party in writing of the nature of the dispute and provide a reasonable opportunity for the other Party to respond.
15.3 The Parties agree to negotiate in good faith to resolve the dispute amicably. This may involve direct discussions, mediation, or other informal means of resolution.
15.4 If the dispute remains unresolved after 30 days either Party may submit the matter to binding arbitration. The arbitration shall be conducted in accordance with the rules of the Australian Disputes Centre and will take place in Perth, Western Australia. The arbitrator’s decision will be final and binding on both Parties. Each Party will bear its own costs related to the arbitration process, and the Parties will share the arbitrator’s Fees equally.
Any Personal Information provided by You during Your use of the GO CHARGE App, the Support Services and Software is governed by GO CHARGE’s Privacy Policy in accordance with the Privacy Act 1988 and the Australian Privacy Principles. The Privacy Policy describes how GO CHARGE collects, stores, uses, discloses and protects Your Personal Information. You can access the GO CHARGE Privacy Policy by www.gocharge.au.
These Terms are governed by and construed in accordance with the laws of Western Australia, without regard to its conflict of laws principles. Any disputes arising from these Terms or Your use of the GO CHARGE App shall be subject to the non-exclusive jurisdiction of the courts located within Western Australia with respect to any litigation arising out of the breach or enforcement of these Terms.
18.1 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
18.2 Entire Agreement: These Terms constitute the entire agreement between You and GO CHARGE regarding Your use of the GO CHARGE App and supersede all prior agreements and understandings.
18.3 Notice: A notice given by a Party under these Terms must be delivered to the other Party to the email address or physical address of the other Party as notified to the Party for this purpose.
If You have any questions about these Terms or the GO CHARGE App, please contact GO CHARGE
Email: support@gocharge.au
Phone Number: 1300 74 74 04
Address: PO Box 4132 Coolbellup WA 6163
INTERPRETATION OF TERMS
DEFINITIONS
Words and phrases in these Terms that are bold or capitalised have the meaning given to them as set out below:
App Developer | means the developer of the Software which is licensed to GO CHARGE to enable the operation of the GO CHARGE App |
Applicable Law | means all laws, statutes, regulations, rules, ordinances, and legal principles, whether local, state, national, or international, that are relevant and enforceable in the context of the subject matter of this Agreement, and which govern or influence the rights, duties, and obligations of the Parties under the terms of this Agreement. This includes, but is not limited to, laws related to contracts, intellectual property, taxation, privacy, data protection, employment, and dispute resolution, as well as any applicable court rulings, government orders, or international treaties that may apply. |
Australian Privacy Principles or APP | means The Australian Privacy Principles established under the Privacy Act, 1988 (Cth). |
Australian Consumer Law or ACL | means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). |
Background IP | means intellectual property, including patents, copyrights, trademarks, trade secrets, know-how, and proprietary technologies, that a Party owns or controls prior to the Commencement Date. |
| means GO CHARGE’s and the App Developer’s Intellectual Property Rights that existed prior to the Commencement Date and includes modifications or improvements to Background IP. |
| means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Perth, Australia. |
Charging Cost | means the total cost for a Charging Session, including the Charging Fees and Service Fee. |
Charging Fees | means the Fees for a Charging Session that are set on a Charging Station by the Charge Point Operator. |
Charging Station or Charger | means a power supply device that supplies electrical power for recharging plug-in electric vehicles that is connected to the GO CHARGE Network. |
| means the information about an individual Charging Station that is displayed in the GO CHARGE App. |
| means the date You create an Account on the GO CHARGE App. |
| means all information and material (of any nature and in any form or media, including information disclosed verbally) which is or was disclosed or obtained (directly or indirectly, and before, or after You access the GO CHARGE App) by You or on Your behalf from GO CHARGE and which is by its nature confidential, or You know, or ought to know, is confidential. |
| means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages. |
| means all the data and information that can be collected, processed, ascertained or inferred from Your use of any EV Charger, the GO CHARGE App and Support Services, (including, in respect of an EV, its location, the time and date, diagnostic information provided by the EV, and the charging consumption) or arising from or in connection with the use of the GO CHARGE App and Support Services, and includes the aggregation of such data and information. |
| means electric vehicle(s). |
| means the Charging Fees and Service Fee and any other charges applicable to Your use of the GO CHARGE App and associated Support Services. |
| means the cost that applies to a Charging Session regardless of the electricity consumed or the duration of the Charging Session. |
| means the cost that applies per minute if a vehicle remains connected to a Charging Station after the Charging Session has been completed. A 10-minute grace period is provided before Idle Parking charges apply. |
| means all rights, title, and interest in and to:
|
Party or Parties | means any individual or other legal entity that has entered into these Terms. |
Payment Method | means the financial accounts You have saved in the GO CHARGE App. Payments will come from the Primary Account. |
Personal Information | means as defined in the Privacy Act. |
Pre-Authorisation Hold | means a temporary hold placed on $25.00 of the available balance on Your primary credit or debit card, when You initiate a Charging Session. |
Price/kWh | means the cost that applies for every kilowatt-hour of electricity consumed during a Charging Session. |
Price/min | means the cost that applies for the duration of the Charging Session in minutes. |
Primary Account | means the financial account You have nominated in the GO CHARGE App for Your payments to be debited from. The Primary Account can be changed at any time. |
Privacy Act | means the Privacy Act 1988 (Cth). |
Privacy Law | means any Applicable Law that relates to privacy, including the Privacy Act and any code registered under the Privacy Act or Australian Privacy Principles. |
Service Fee | means the fee which includes the payment processing fee charged by Stripe and a fee for facilitating the Charging Session. |
Stripe | means Stripe, Inc. the payment processing company used to process payments. |
Software | means the software developed, owned and licensed to GO CHARGE by the App Developer which includes the collection of programs, applications, source codes, object codes, scripts, algorithms, databases, and associated documentation designed to enable, manage, and optimise the operation of electric vehicle charging stations. This includes, but is not limited to, software facilitating user authentication, payment processing, charging session monitoring, energy management, remote diagnostics, firmware updates, network connectivity, and interoperability with third-party systems. It includes all modifications, upgrades and improvements to such software. |
Support Services | means assistance provided to a party by GO CHARGE, that relates to the operation, functionality, or performance of the GO CHARGE App. |
Terms | means the terms and conditions of this agreement. |
Third Party | means a party who is not a Party to these Terms. |
| means any occurrence or event that prevents or delays a Party from performing any of its obligations under these Terms (other than a payment obligation), and that is beyond the reasonable control of that Party. This excludes an occurrence or event that could have been avoided by a Party taking reasonable steps or care. |
GO CHARGE App | means the mobile application licenced by GO CHARGE that enables electric vehicle drivers to locate Charging Stations and to charge at Charging Stations shown on the GO CHARGE App. |
GO CHARGE App Account or Account | means the account created when an individual signs up to use the GO CHARGE App. |
GO CHARGE App Users or User | means any individual or entity that creates a GO CHARGE App Account or uses the GO CHARGE App. |
GO CHARGE IP Rights | means any Background IP Rights and IP Rights related to the GO CHARGE App and the operating Software which has been granted to GO CHARGE under GO CHARGE’s licence agreement with the App Developer. |
GO CHARGE PRIVACY POLICY
Effective Date: October 2025
EV Charging Systems (Trading as Go Charge) (ABN 52 673 135 941) of 19 Parkinson Lane Kardinya WA 6163, (“GO CHARGE”, “we”, “our”, “us”) is committed, in accordance with the Privacy Act 1988 (Cth) (as amended from time to time) (Privacy Act) and the Australian National Privacy Principles set out in the Privacy Act (APPs or Privacy Principles), to protecting your privacy and ensuring that your Personal Information and Customer Data is handled in a safe and responsible manner. This Privacy Policy outlines how we collect, use, disclose, and safeguard your Personal Information and Customer Data;
In this policy, GO CHARGE Hub, GO CHARGE App, Website and any associated services, products and communication channels, are collectively referred to as “GO CHARGE Software”. This policy will also apply to any information we collect about you by means other than those listed above (for example, by written communications) on the same basis as this policy.
We may, from time to time, review and update this Privacy Policy including, to take into account new laws, regulations and technology. All Personal Information held by us will be governed by our most recent Privacy Policy, posted on our Website.
TYPES OF INFORMATION WE COLLECT
“Personal Information” is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained. Personal Information collected may include (but is not limited to) the following:
“Customer Data” is information we collect about customers which is not considered to be Personal Information, because an individual’s identity could not reasonably be ascertained through the information. Customer Data collected by us may include (but is not limited to, the following:
How We Collect Information and Data
We collect Personal Information and Customer Data in the following ways:
We collect your Personal Information to manage our relationship with you and perform functions and activities relating to our business as further described in clause 3.
We use your personal information for the following purposes:
We may collect and use your Personal Information for other purposes not listed above. If we do so, we will make it known to you at the time we collect or use your Personal Information.
If you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, we may not be able to undertake certain activities for you, such as providing you with requested information, products or services.
We use the non-identifiable Customer Data we collect about you for our business functions and activities, which may include the following:
We may provide Customer Data to our business partners, agents, contractors, service providers or related companies for the purposes of, or in connection with, the supply of services to you and for the same purposes above.
You agree that we may use and analyse your Customer Data as required, including for the purpose of improving our GO CHARGE Software and including your Customer Data in aggregated anonymous databases.
We may disclose your Personal Information in the following circumstances:
You may opt-out of receiving marketing information from us at any time by:
(i) clicking on the “Unsubscribe” link included in any marketing email you receive from us; or
(ii) contacting us as specified in clause 11.
Unless otherwise specified in this Privacy Policy, neither we nor our GO CHARGE Software hosts will disclose any of your Personal Information to any other organisation unless the disclosure is required by law or is otherwise permitted by the Privacy Principles.
We may use your Personal Information from time to time to inform you, by direct marketing, about our current and future services, including contacting you by phone, email, SMS or post. You can request that you do not receive direct marketing communications by following the instructions in the communications or contacting us directly at support@gocharge.au. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
We aim to keep your Personal Information secure and up to date. To this end, we implement reasonable measures to protect your Personal Information from unauthorized access, use, or disclosure. However, no security measures are entirely foolproof, and we cannot guarantee the absolute security of your information.
Some of your Personal Information and Customer Data may be transmitted, stored and processed by our agents, contractors, service providers or related companies located in jurisdictions other than Australia. You agree that section 8.1 of the Privacy Act will not apply to such disclosures and that if an overseas recipient breaches the APPs that entity will not be bound by and you will not be able seek redress under, the Privacy Act. We make no representation or warranty that your Personal Information will be collected, held, and used by us other than in accordance with Privacy Principles set out in the Privacy Act.
8.1 Access and Correction
You have the right to access and correct your Personal Information. If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. In some situations, we may be legally permitted to not correct your personal information. If we decide not to correct your information, then we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
8.2 Opt-Out
You may opt-out of receiving marketing communications from us by following the instructions in the communications or contacting us directly at support@gocharge.au.
8.3 Data Retention
We retain your personal information only as long as necessary to fulfill the purposes outlined in this policy or as required by law.
We may use cookies on our Website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our Website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Website with personal information, this information may be linked to the data stored in the cookie. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
We may update this Privacy Policy from time to time. Any changes will be posted on our Website, and we will notify you of significant changes where required by law.
If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:
Email: support@gocharge.au
Phone Number: 1300 74 74 04
Address: 19 Parkinson Lane, Kardinya, WA, 6163
If you believe that we have not complied with our obligations under the Privacy Act 1988 (Cth) or any other applicable privacy laws and that your privacy has not been respected or that we have conducted ourselves inconsistently with this Privacy Policy in respect of your Personal Information or for any other queries or communication in relation to this Privacy Policy, please contact us using the contact details listed above. We will respond to all queries as quickly as possible.
If you do not consider our response satisfactory, you may contact the Office of the Australian Information Commissioner or you may lodge a complaint with us or the Office of the Australian Information Commissioner (OAIC).