Man charging an electric vehicle Man charging an electric vehicle

EV SmartCharge QLD Program T&Cs

Thank you for your interest in participating in the SmartCharge Queensland Program (the “Program”) that is being offered by Ergon Energy Corporation Limited (Ergon Energy) in conjunction with Geotab Inc., carrying on business as FleetCarma (“FleetCarma”).

Your participation in the Program is expressly conditioned on your acceptance of these Terms and Conditions (the “Terms and Conditions” or this “Agreement”), which constitute an agreement between you, Ergon Energy and FleetCarma. Your participation in the Program, however, is completely voluntary. Therefore, if you do not agree with any of these Terms and Conditions, including the Privacy Policies referenced, please do not participate in the Program.

Ergon Energy and FleetCarma reserves the right to modify these Terms and Conditions at any time and will advise Participants in writing. Your continued participation in the Program will constitute your acceptance of any modifications to these Terms and Conditions.

Who may participate in the program?

Participants in the Program must own or lease a Queensland-registered battery electric passenger vehicle or plug-in hybrid electric passenger vehicle (“EV”) and regularly charge the EV within Ergon Energy’s service territory. The “Service Territory” for this Program includes all EV registered vehicles within Ergon Energy’s service territory.

Participants must have access to a computer, smartphone or other mobile device with internet access.

Participant selection decisions will be made by Ergon Energy in their sole and absolute discretion and all selection decisions are final and binding.

Information about the program partner(s)

Ergon Energy and FleetCarma have developed the Program, in part, to learn more about light-duty battery electric vehicles and plug-in hybrid electric vehicles (“EVs”) that are being charged in the Service Territory and to learn more about the EV driving and charging patterns and preferences of EV drivers.

If you're selected to participate in the Program, you'll be provided with a C2 Device for installation in the on-board diagnostics port (“OBD II Port”) of your vehicle, or in the case of some Tesla vehicles, in the proprietary diagnostics connector. Applicants with more than one EV are eligible to apply for more than one C2 Device. Participants can earn a minimum of $100 reward from Ergon Energy for participating in the Program, correctly installing the C2 Device, and sharing their data. Thereafter, Participants may earn additional incentives upon taking certain actions that facilitate the goals of the Program Partner(s), such as charging EVs at certain times in the utility service territory.

During and after your participation in the Program, you may be asked to participate in follow up surveys, studies, audits, evaluations or verifications conducted by Ergon Energy or FleetCarma. While we hope that you choose to participate in these surveys, your participation will be completely voluntary.

Participants will be able to view certain data collected by the C2 Device installed in her/his EV through personal log-in access to the FleetCarma web portal (the “Portal”). No other Participant’s or aggregated data will be visible to Participants.

The C2 Device: How it works

The C2 Device will be mailed from Ergon Energy via registered mail to selected Participants. A Participant should expect to receive their C2 device within approximately ten (10) business days from advice of selection from Ergon Energy.

The C2 is installed by plugging it into the OBD II port of an EV (or, in the case of some Tesla vehicles, by plugging it into the proprietary diagnostics connector). Participants will receive a special adaptor to install for certain makes and models. Participants are responsible for installation and will be provided with instructions. If you require any assistance with locating the OBD II Port, or need installation directions, please refer to the installation instructions available at https://www.FleetCarma.com/smartcharge/support.

Data collected by the C2 Device and privacy

In order to conduct the Program and to provide Participants with the products and services outlined in this Agreement and appropriate customer service, and to enhance and improve these products and services, FleetCarma will collect certain information through the C2 Device. A C2 Device installed in an EV will record when the Device is plugged into, and unplugged from, the EV and it will also collect the following information:

(a) About your EV – VIN or Vehicle Identification Number, and EV make, model and model year;

(b) About your driving – drive start date and time, duration of trip, trip distance, EV state of charge at start of drive, EV state of charge at end of drive, electricity consumed during drive, liquid fuel consumed during drive (if EV is a hybrid vehicle), electric distance fraction (if EV is a plug-in hybrid electric vehicle, the percentage of kilometres the car ran on electric power), ambient temperature, average auxiliary load during trip i.e. heating. Note, the C2 device will not track the route you take, or your destination, unless you charge your EV at that destination.

(c) About your charging patterns – for each charging session (for which a session number will be assigned) – start date and time, duration of charging session, charging power level (kW), total charging energy (total electricity consumed in kWh), 15-minute interval charging energy (kWh), starting state of charge, ending state of charge, GPS coordinates of where the charging session occurred;

(d) Calculations – watt hours per kilometre, litres per 100 km equivalent, total electricity consumed, greenhouse gas (GHG) emissions, battery state of health (i.e., the degree of ability of the high-voltage battery to accept and discharge electricity).

A subset of the collected data outlined above will be used to populate an online dashboard made available for Participants to view in the FleetCarma Portal so that the Participant can monitor their own vehicle’s charging and driving.

Ergon Energy and FleetCarma solely will have access to all of the above-listed data.

Information that is collected through the C2 Device will be erased from the device once the information is transferred to FleetCarma. The data collected by the C2 Device is encrypted when transmitted to FleetCarma servers. Data will also be encrypted when FleetCarma sends it to Ergon Energy.

In addition to the data listed above, FleetCarma will collect the information you provide on your Program Expression of Interest and any surveys or other Program evaluations that you choose to complete and submit during your participation in the Program.

Collected information that is transferred to FleetCarma will be retained by FleetCarma and shared with Ergon Energy for an indefinite amount of time.

In addition to the Ergon Energy privacy statement, please see the FleetCarma Privacy Statement for further information on data collected by FleetCarma and how it may be used by FleetCarma.

Without limiting the terms of the Privacy Policies referenced above, Ergon Energy and FleetCarma may use the information obtained about you through your participation in the Program, including data collected through the C2 Device provided to you (collectively, “Participant Information”), in order:

(a) to operate, administer, market, evaluate, analyse, change or improve the Program, the C2 Devices and the SmartCharge Portal, and

(b) to prepare and present general, aggregated or anonymised results and information about the Program to third parties, including governmental entities such as the electricity system regulatory bodies. Ergon Energy and FleetCarma may also use and publish information regarding your participation in the Program, your use of the C2 Device, and your use of the Portal as long as the information is presented in an anonymised format (i.e. in a manner that does not identify you).

EV owner consent to data collection and use

You are responsible for notifying everyone who owns or uses (as driver or passenger) the EV in which a C2 Device has been installed that the information described above will be collected and available to you, FleetCarma, and the program partner(s). By participating in the program, you represent that you have the consent of the registered owner and the users of each EV in which a C2 Device will be installed to:

(a) install the C2 device in the EV, and

(b) permit you, FleetCarma, and the program partner(s) to view and use the data and information collected by the installed C2 Device, as more particularly described in the previous sections of these terms (i.e., the C2 Device: how it works; data collected by the C2 device and privacy) and the privacy policies referenced above.

If selected, you agree not to participate in the program or use any C2 Device or the web portal service in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame or slander any individual.

You also agree to be subject to Third Party Terms relating to services outside of the control of FleetCarma and Ergon Energy.

If selected as a participant in the program

You will receive confirmation if selected from both Ergon Energy and FleetCarma via confirmation email.

C2 Device(s) must be activated and installed before data can be collected and before a Participant can receive any incentive payment. If you do not activate and/or install the C2 Device(s) within 7 days of receipt, you may receive a notice, via email, reminding you to install and activate the C2 Device. You may be considered to be withdrawn from the Program if you do not install and activate your C2 Device within three weeks of receipt.

If you decide not to install and activate the C2 Device, we ask that you return the C2 Device so that it may be provided to another Participant. Please email evsmartcharge@energyq.com.au to arrange the return of the C2 Device.

Withdrawal from the program and expected duration of the program

Your participation in the Program is completely voluntary so you are free to withdraw from the Program at any time. To withdraw from the Program, remove the C2 Device from your EV and notify Ergon Energy.

For each month that you do not charge an EV with a properly installed C2 Device in the Service Territory, you will receive an email inquiring about your continued interest in participating in the Program. If you do not charge an EV with a properly installed C2 Device in the Service Territory for three (3) consecutive months, you will be deemed to have withdrawn from the Program.

Energy Queensland and FleetCarma expect the Program to continue for up to approximately three years from launch in April 2020, unless the program is extended further. However, Ergon Energy and FleetCarma reserve the right to terminate the Program at any time for any reason. Participants may have access to the Portal for ninety (90) days after the Program terminates to review historical data.

Once the Program terminates or a Participant withdraws from, or is deemed withdrawn from the Program, continued collection of data from the EV(s) in which a C2 Device(s) is installed will stop within 15 days after termination or withdrawal in order to protect the privacy of Participants.

Once a Participant no longer has access to the Portal, the Participant will no longer have the ability to view previously recorded data from their EV from the portal.

In addition to the above, Ergon Energy and FleetCarma, by sending an email notice to the Participant, reserve the right to immediately terminate Program participation of anyone who engages in any fraudulent activity or actions in violation of these Terms and Conditions. This type of termination may result in Participant’s immediate loss of access to the Portal.

Ownership of devices

For the duration of the Program, Ergon Energy, on behalf of the Participant, shall purchase portal license rights so that the Participant has the right to access the Portal.

Ergon Energy and FleetCarma are providing Devices for use only by eligible, selected Participants. Therefore, Participants have no right to sell, transfer or assign Devices provided to them in connection with the Program or the Portal access rights provided to Participants.

You agree not to tamper with, disable or damage the C2 Device or any other materials provided to you in connection with the Program. Any failure to comply with these obligations will be at your sole risk for any damage that may result, including damage to the C2 Device or your EV or injury to any person. You further agree to not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the C2 Device, the software embedded therein, or any software used to provide or access the Portal.

Intellectual property ownership

All C2 Devices purchased by Ergon Energy shall be their property until it is installed in the Participant’s vehicle. All data collected during the Program shall be the property of FleetCarma with consideration of FleetCarma’s privacy policy. All intellectual property developed by FleetCarma, including modifications, enhancements, or changes to its products (including the C2 Devices, the Portal, and all related software) is and will remain solely owned by FleetCarma. This includes technology developed that may be a result of feedback provided by you as part of your involvement in this Program.

Participant information and security measures

You represent and warrant that you have provided accurate information in your Expression of Interest and you will promptly notify Ergon Energy of any changes to that information. You are responsible for ensuring that we have your current email address and telephone number on file. You should inform us of any changes to your email address or phone number by contacting Ergon Energy.

You must notify FleetCarma immediately about any breach of security or unauthorized use of your Portal account. You agree to charge your vehicle in accordance to your manufacturer’s instructions and recommendations. Neither Ergon Energy nor FleetCarma shall be liable for any losses resulting from unauthorized access to or use of the Device, the Portal or any other aspect of the Program, and you may be liable to us or other parties due to any such unauthorized access or use.

Warranty disclaimer

Notwithstanding anything to the contrary and to the maximum extent permitted by applicable law including Australian Consumer Law, Ergon Energy and FleetCarma provide the device, the portal and all software incorporated into the foregoing and all services related to the program to you on an “as-is” basis, with all faults, errors and defects and without warranties, express or implied, of any kind by either FleetCarma or its program partner(s) or any of their suppliers.

You acknowledge and agree that Ergon Energy and FleetCarma are providing the C2 device, the portals and any software incorporated into the foregoing and any services related to the program. In connection with the foregoing, Ergon Energy and FleetCarma disclaim all warranties and conditions, whether express, implied, or statutory, including the warranties of merchantability, or fitness for a particular purpose.

Neither Ergon Energy nor FleetCarma guarantee any specific results from the use of the C2 devices. Neither Ergon Energy or FleetCarma make any warranty that the software incorporated in the C2 devices or the services provided through the portal will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free.

You agree and acknowledge that Ergon Energy and FleetCarma do not guarantee energy cost savings or other benefits arising from this program.

Limitation of liability

To the fullest extent permitted by law, neither Ergon Energy and FleetCarma, nor any of their parent company, subsidiaries, affiliated entities, employees, officers, directors, agents, or representatives, successors or assigns or any of them (collectively, the “program operators”) will be liable for any indirect, incidental, special or consequential damages whatsoever, including, without limitation, loss, damage or injury to persons or vehicles or other property, in connection with, arising from of or related to the program, the portal, or the installation or use of a C2 device in your vehicle, or the interruption of power to any equipment to which your vehicle is connected, even if a program operator has been advised of the possibility of such damages.

This limitation and waiver will apply regardless of the theory of liability. without limiting the foregoing, you agree that Ergon Energy and FleetCarma shall have no liability for any damage caused by a C2 device.

You also agree that in no event shall the program operators be responsible for problems, damages or losses caused by you, third parties, or by an act of God. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You agree that you shall not initiate any lawsuit or claim against a program operator in connection with, arising out of or related to the program, including, without limitation, the C2 device and the portal after the date which is one year after your withdrawal from the program or the program’s termination, whichever is earlier.

Indemnification

You will indemnify, defend and hold Ergon Energy and FleetCarma and their respective Program Operators, licensors and suppliers (the “Indemnified Parties”) harmless from any claims arising out of or related to your or any additional user’s actual or alleged misuse or fraudulent use of a C2 Device or the Portal, including, without limitation, the infringement of a third party’s intellectual property rights or other rights, such as personal or privacy rights. You shall be responsible for any costs incurred by the Indemnified Parties, including, but not limited to, reasonable attorneys’ fee and court costs in connection with any such claims.

Force Majeure

Provision of these Terms and Conditions, Ergon Energy and FleetCarma shall not be in default, and shall not be deemed to be in default, under these Terms and Conditions by reason of delay or the failure or inability to perform their respective obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond the reasonable control of Ergon Energy and FleetCarma, including without limitation any act of God or other cause which frustrates the performance of this Agreement.

Governing law

These Terms and Conditions and any disputes related to them or the Program shall be governed by applicable laws of the Province of Ontario, Canada excluding its conflicts of law provisions.

Assignment

Ergon Energy and FleetCarma are permitted to assign this Agreement, in whole or in part, to any person, at any time, and without notice to you. You may not assign this Agreement.

Entire Agreement

These Terms and Conditions, including the Privacy Policies and any other documents or policies incorporated by reference into these Terms and Conditions, constitute the entire agreement between you, on the one hand, and Ergon Energy and FleetCarma, on the other hand, with respect to the Program and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written, with respect to such subject matter.

Waiver/Severability

No waiver of any provision of these Terms and Conditions shall be deemed or constitute a waiver of any other provision of or any subsequent breach of these Terms and Conditions. No waiver shall be valid unless made in a writing signed by the party granting the waiver. If any provision in these Terms and Conditions is declared invalid or unenforceable, then such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

No third-party beneficiaries

Terms and Conditions are for the benefit of Ergon Energy and FleetCarma and their respective successors and assigns with respect to your obligations under these Terms and Conditions and for your benefit with respect to your rights under these Terms and Conditions.