Welcome to Charged ("app", "application", "service", "website"). The application provides you with an opportunity to find and view information about electric vehicle (EV) charging stations around the world.
The Application is owned and operated by Harbour City Software Pty Ltd (ABN 40 638 348 455). Access to and use of the Application, is provided by Harbour City Software Pty Ltd ("we", "us", "our"). Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its related services, immediately.
Harbour City Software Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Harbour City Software Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
In these Terms, "Charged", "app", "application", and "service" refer to the Charged mobile application and any associated websites or services operated by Harbour City Software Pty Ltd. The terms "we", "us", and "our" refer to Harbour City Software Pty Ltd. "You" and "your" refer to the user of the application or services.
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Harbour City Software Pty Ltd in the user interface.
Harbour City Software Pty Ltd takes your privacy seriously, and any information provided through your use of the Application is subject to Harbour City Software Pty Ltd's Privacy Policy for Charged, which is available at https://chargedup.app/privacy.
Charged relies on third-party data providers for charging site locations and availability (e.g., TomTom). While we strive to keep data accurate and current, we do not guarantee that the information is complete, up-to-date, or available at all times. Use of the app is entirely at your own risk, and you must not rely on the app as your sole source of information when planning EV charging. By continuing to use the app, you agree that Harbour City Software Pty Ltd is not liable for any errors, missing data, outages, or inaccuracies in the information provided.
Charged may disclose personal or account-related information if required to do so by law or in the good faith belief that such action is necessary to comply with legal obligations, protect and defend the rights or property of Harbour City Software Pty Ltd, act in urgent circumstances to protect the personal safety of users of the Application or the public, or protect against legal liability.
To access the main functionality of Charged, an active subscription (or "membership", used interchangeably) is required. Pricing information is available at this link, but always check the app and the App Store for the latest pricing and feature availability information. Payment is charged to your Apple ID account. Subscriptions and trials renew automatically unless cancelled at least 24 hours prior to expiry of the current period. To turn off auto-renew, and/or to manage your subscription, visit your iTunes/App Store account settings.
Harbour City Software Pty Ltd cannot offer refunds for Subscription purchases. Payment and billing is managed by Apple through your iTunes/App Store account. You can reach out to Apple to request a refund, however, all Subscriptions may be final and non-refundable.
Harbour City Software Pty Ltd may, at any time and for any reason, change, modify, or eliminate Subscription features, with or without notice.
There are currently three subscription/membership tiers available in Charged:
1. Slow Charge offers the essentials: the ability to find chargers near you.
2. Fast Charge expands on this and allows you to check availability at sites, up to a certain number of times per week.
3. Super Charged contains everything in Slow and Fast, but gives you the ability to check availability even more times per week, and lets you monitor for availability even when the app isn't open. The way this works is we monitor availability for you in the background, and if a connector becomes available, will update you via a Live Activity on your Lock Screen, and/or with a Push Notification.
Each subscription tier comes with its own feature limits, which may include the number of real-time availability checks, the number of background monitors, or other functionality. These limits are visible in the app and may vary over time.
Charging site information, real-time availability data, and the ability to use app features such as monitors may come and go at any time for any site, without warning. Coverage of real-time availability data is good in certain areas, and not so good elsewhere, and Harbour City Software Pty Ltd makes no guarantees about the availability, accuracy, or timeliness of such information. Even with an active membership, the data you are expecting may not be available in your region or for specific chargers. It is recommended that you use the free trial to evaluate the usefulness of Charged in your area before committing to a paid membership.
Each membership level has usage limits, which can be viewed in the app at the time of purchase and are set at the sole discretion of Harbour City Software Pty Ltd. Limits may change at any time and for any reason, including, but not limited to, changes in the cost of providing services, the need to ensure fair access for all users, or to counteract spam and abuse.
Usage limits may apply to features such as the number of real-time availability checks you can make, the number of active monitors you can set up, or other functional areas of the app. These limits are reset on a weekly basis irrespective of your subscription period.
You may contact us using the contact methods provided in the app to request a change to your usage limits, including an increase. While we will do our best to accommodate such requests, granting any increase remains at our sole discretion.
Any unused availability checks, monitor slots, or other usage-based features expire at the end of your billing period and do not roll over to the next period. No credit or refund will be given for unused usage limits.
We take reasonable steps to protect the information we hold about you from misuse, interference and loss, as well as unauthorised access, modification or disclosure. However, no data transmission over the internet or information storage technology can be guaranteed to be 100% secure. While we strive to protect your data, we cannot guarantee the security of any information you transmit to or receive from the Application, and you do so at your own risk.
You acknowledge that Harbour City Software Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the application other than provided for pursuant to these Terms.
Charged relies on third-party data providers, including but not limited to TomTom, for charging site location and availability data. While we make efforts to ensure that the data presented is accurate and up to date, we cannot and do not guarantee the accuracy, completeness, reliability, or availability of any information shown in the Application. You acknowledge that this data may be missing, delayed, incorrect, or otherwise unreliable, and you agree not to rely on the Application as a sole or primary source of information when locating EV charging stations or making EV charging decisions. We strongly recommend verifying any critical information through alternative sources.
The functionality of Charged is dependent upon Harbour City Software Pty Ltd's access to third-party data, amongst other things. For any reason, and at any time, this access may change at which time the data provided by Charged will be out of date. While efforts will be made to avoid disruptions to service, it cannot be guaranteed, and access to the data may be out of our control. You acknowledge that Harbour City Software will bear no liability to you or any third-party if these circumstances beyond our control change.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Harbour City Software Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with your use of the application, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Application and any of the products of Harbour City Software Pty Ltd is at your own risk. Everything on the Application, and the Products of Harbour City Software Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Harbour City Software Pty Ltd make any express or implied representation or warranty about its Content or any products referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, or any of its Content related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Harbour City Software Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Harbour City Software Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
The information provided by the Application is for general informational purposes only. It is not intended as professional, legal, technical, or operational advice of any kind, and should not be relied upon as such. Charged does not provide transport planning, infrastructure, engineering, or legal advice. Users are solely responsible for verifying the accuracy and suitability of any data or recommendations before relying on them for travel, business, or other critical decisions. You acknowledge that any reliance on information obtained through the Application is at your own risk.
You expressly understand and agree that Harbour City Software Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Harbour City Software Pty Ltd is not responsible or liable in any manner for any data shown in the Application whether posted or caused by users of the Application.
You agree to indemnify Harbour City Software Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any use of the Application; (b) any direct or indirect consequences of you accessing, or using the Application or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.
Harbour City Software Pty Ltd shall not be held responsible for delays, interruptions, or failures in performance resulting from acts beyond its reasonable control, including but not limited to internet or network outages, system failures, third-party data source interruptions, natural disasters, pandemics, or changes to regulatory requirements.
If Harbour City Software Pty Ltd or its assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information may be transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Harbour City Software Pty Ltd may continue to use your information as set forth in these Terms and our Privacy Policy.
In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
The Terms will continue to apply until terminated by either you or by Harbour City Software Pty Ltd as set out below.
If you want to terminate the Terms, you may do so by uninstalling the Charged application from your device, using standard system methods for removing it. You may also need to cancel an active subscription via the App Store.
Harbour City Software Pty Ltd may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Harbour City Software Pty Ltd is required to do so by law;
(c) the partner with whom Harbour City Software Pty Ltd gets the data from has terminated its relationship with Harbour City Software Pty Ltd or ceased to offer the data;
(d) Harbour City Software Pty Ltd is transitioning to no longer providing the Application to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Application to you by Harbour City Software Pty Ltd is, in the opinion of Harbour City Software Pty Ltd, no longer commercially viable.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Harbour City Software Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.