App Terms and Conditions

AmpCharge Terms and Conditions

1 General

1.1 These Terms and Conditions (Terms) set out the terms and conditions under which Ampol Australia Energy Pty Ltd (ABN 60 654 871 735) (referred to as us, we, or Ampol) provides you with:

1. access to and use of our AmpCharge mobile application (AmpCharge App);
2. access to and use of our electric vehicle charging stations (Charging Stations) for the purposes of charging your electric vehicle; and
3. related services, such as location services and the use of a customer service support helpline,

(each separately, and collectively, referred to as Services). 

1.2 These Terms:

1. set out your and our rights, obligations and responsibilities relating to the Services; and
2. if agreed by you in accordance with clause 1.3, will constitute a binding agreement between you and Ampol

1.3 By accessing and/or using the Services, you agree to be bound by these Terms. If you do not agree with any of the provisions of these Terms, you must not access or use the Services.

1.4 Certain features of the Services may be subject to additional terms, which will be made available to you from time to time through the AmpCharge App and which you should read in conjunction with these Terms. All such additional terms will be incorporated into these Terms.

1.5 We will collect personal information about you in connection with the access to and use of the Services. Please refer to our Privacy Policy and clause 15 below for further detail on the types of personal information Ampol collects and on how it handles personal information in its business (a link to our Privacy Policy is also available through the 'Settings’ section of the AmpCharge App). By agreeing to be bound by these Terms you agree that you have had an opportunity to review our Privacy Policy and agree to its terms. 

You must read these Terms fully. However, there are some specific provisions of these Terms of which we wanted to make you are aware. A summary of these provisions is set out below.

Summary	Further detail
Ampol may vary these Terms and the Charges from time to time. The current version of the Terms will be available on our website and through the ‘Settings’ section of the AmpCharge App. The applicable Charges will be displayed within the AmpCharge App. If you do not agree to the current version of the Terms or the applicable Charges, you should not use the Services and can terminate these Terms.	Clause 3 and clause 12.2
Ampol may disclose your personal information and other data that we may collect in connection with your use of the Services (such as the amount of electricity consumed) to third parties and may use it for direct marketing purposes.	Ampol’s Privacy Policy; clause 15.
Subject to the applicable Laws, the Services under these Terms are provided on an “as is” and “as available” basis.	16.2(a)
To the extent permitted by the applicable Laws, Ampol disclaims liability for any Loss that may be suffered in connection with: (a) your use of the Services; (b) any information contained in the AmpCharge App being incorrect, incomplete or not up-to-date; or (c) loss or corruption of data submitted, uploaded or input in the AmpCharge App. This disclaimer does not apply to the extent the Loss is caused by Ampol’s negligent, fraudulent or unlawful act or omission.	Clause 16.2(c)
To the extent permitted by the applicable Laws, (a) Ampol will not liable to you for any Consequential Loss, such as loss of profit or revenue; (b) in respect of any liability under the guarantees or warranties that cannot be excluded by Law, Ampol’s liability is limited (at our option) to providing you services, or paying you the costs of acquiring services, which are equivalent to those Services to which that liability relates; and (c) in all other cases, Ampol’s liability to you is limited to $50,000.	Clause 16.2(c)
You will be required to indemnify Ampol for any Loss that Ampol may suffer in connection with: (a) a breach by you of these Terms; (b) your negligence, improper use of or deliberate mistreatment of any Charging Station or the Services; and (c) any unauthorised use of the AmpCharge App on your device. However, this obligation will not apply to the extent that the Loss is caused by Ampol’s negligent, fraudulent or unlawful act or omission.	Clause 18

 

2 Capacity

2.1 In order to access and use the Services, you must be at least 16 years of age or, if you hold an Australian Capital Territory driver’s licence – 15 years and 9 months of age. 

2.2 If you are under 18 years of age but older than 16 years of age (or 15 years and 9 months of age, if you hold an Australian Capital Territory driver’s licence), you must have the permission and supervision of your parent or legal guardian to access and use the Services. By permitting you to access and use the Services, your parent or legal guardian agrees to:
(a) assume all risk, responsibility and liability that may arise under these Terms due to an act or omission by you; and
(b) provide all consents required by these Terms on your behalf. 


2.3 If we request, you must provide us with evidence of the permission from your parent or legal guardian required in clause 2.2. If you fail to provide such evidence to us, we will immediately terminate your access to the Service. However, we are not required to ask you for evidence of the permission from your parent or legal guardian. If you have agreed to these Terms, we will assume that you are either:
(a) between 16 (or 15 years and 9 months, in the ACT) and 18 years of age and have obtained the required permission; or
(b) 18 years of age or older. 

 

3 Updates to these Terms and Charges

3.1 We may, in our sole discretion, update, modify or replace any or all of these Terms from time to time by posting an updated version at this URL. 

3.2 You are responsible for checking the ‘Settings’ section of the AmpCharge App (or such other section where these Terms are located) or our website for any changes to these Terms. Your continued access to and use of the Services following the publication of any changes to these Terms will be deemed to constitute acceptance of those changes. If you do not agree to any update to these Terms, you must immediately cease accessing or using the Services.

3.3 The current Charges will be displayed in the AmpCharge App. We may make changes to the Charges at any time without notice to you. Charges may vary from Location to Location, and from time to time. If you do not agree with the applicable Charges, you should not use the Services. 


 
4 Access to AmpCharge App and Security 

 

4.1 You acknowledge and agree that the availability of the AmpCharge App is dependent on the third party from which you obtain the AmpCharge App (the App Store). Each App Store may have its own terms and conditions with which you agree to comply, and the licence granted under clause 13.1 is conditional on your compliance with any such terms and conditions.

4.2 To use the AmpCharge App to charge your EV, you will be required to provide payment details to us, with reference to the available Payment Methods.

4.3 Some features of the AmpCharge App may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the AmpCharge App or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You are solely responsible for any such additional charges. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

4.4 Ampol is not liable for any loss suffered by you as a result of unauthorised use of the AmpCharge App on your device.

4.5 If your device is lost or stolen, you must immediately contact your credit or debit card issuer and request cancellation of the credit or debit card that you provided to us as part of your preferred Payment Method (if any).

 

5 Your Warranties and Obligations 

5.1 You agree and warrant that:

(a) you will not provide any false, inaccurate or otherwise misleading information to Ampol;
(b) you will keep your payment information accurate and up-to-date; and
(c) you will comply with all applicable Laws in the performance of your obligations under these Terms and in your access and use of the Services, and will not infringe any Law or the rights of any third party.


 

6 Payment

6.1 In consideration for us providing the Services to you, you agree to pay us all Charges for the use of a Charging Station that is initiated or attributed to you. We will not charge you for access to and use of the AmpCharge App. 

6.2 All Charges shown within the AmpCharge App are in Australian dollars and inclusive of GST and any other applicable taxes, unless stated otherwise.

6.3 You authorise Ampol to use your selected Payment Method to process the payment of the Charges and any other amounts payable by you under these Terms. 

6.4 Where any payment that you make is declined or has been unsuccessful for any reason, you must use a different Payment Method. If your payment is dishonoured or reversed, we may charge you any fees we incur in connection with the dishonoured or reversed payment.

6.5 We reserve the right to recover the outstanding Charges and associated fees from you, either directly or indirectly through a third party and may charge you a recovery fee. 

6.6 You must regularly review your Payment Method statement (such as your credit card statement) and contact us using the contact details specified in the AmpCharge App if you have any questions about the Charges or other fees. 

6.7 Ampol uses third party merchant facilities to process debit and credit card payments. Currently, Ampol uses a payment gateway provided by Stripe Payments Australia Pty Ltd. By agreeing for your debit or credit card payment to be processed through Stripe’s payment gateway, you agree to Stripe collecting, using, retaining and disclosing the personal information in connection with the payment and your interaction with Stripe’s services in accordance with their privacy policy (which can be found on their website - https://stripe.com/en-au/privacy). 

6.8 If you select Apple Pay or Google Pay as your nominated Payment Method, then Apply Pay or Google Pay terms and privacy policies, respectively, will apply to your use of such Payment Methods. You acknowledge and agree that Ampol will not be liable for any loss or damage arising out of any use of Apple Pay or Google Pay by you.

 

7 Location Services

7.1 Where the location services functionality has been activated for the AmpCharge App:
(a) you will be able to use the AmpCharge App to locate nearby Charging Stations;
(b) Ampol will be able to, via the AmpCharge App, obtain access to data about your location. 

7.2 If you do not wish Ampol to access information about your location via the AmpCharge App, you should de-activate the location services functionality by using your mobile device settings. If you do so, the location services will not be available to you.

 

8 Use of the AmpCharge App and the Services

8.1 You must not, and must not permit or cause any third party to, modify, copy, distribute, transmit, display, perform, reproduce, reverse engineer, decompile, disassemble, publish, license, sell, rent, transfer, assign or otherwise commercially exploit or create derivative works from, any content, material, or software products contained within the AmpCharge App.

8.2 You must not, and must not cause or permit any third party to: 

(a) use the Services and the AmpCharge App other than as expressly authorised by these Terms;
(b) interfere with or disrupt the AmpCharge App, its software, technology and/or the data contained on the AmpCharge App or networks connected to the AmpCharge App and in particular upload or distribute files that contain malware, viruses, malicious files or other harmful code or any other similar software or programs;
(c) use any data mining, gathering or extraction tools in connection with the AmpCharge App or the Services;
(d) repair or attempt to repair, a malfunction in a Service. However, if you become aware of a malfunction, please notify us using the contact details provided in the AmpCharge App;
(e) circumvent or remove technical safeguards or usage restrictions on or in the Services, including but not limited to:
(i) attempting to gain unauthorized access to the AmpCharge App or the Charging Stations, or related networks or systems; or 
(ii) accessing or using the AmpCharge App or the Charging Stations in a way intended to avoid incurring Charges;
(f) gain access to or use the AmpCharge App or a Charging Station in such a way that the Service deteriorates or is disrupted, or unauthorised access to the Service is enabled; or
(g) remove or obscure any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the AmpCharge App or on any Charging Stations.

8.3 You must not access or use the AmpCharge App or Services, or provide or transmit any data or content through the AmpCharge App, in any way that:
(a) violates or infringes the rights (including, without limitation, any intellectual property rights) of Ampol or third parties;
(b) is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another’s privacy or constitutes a breach of any other legal rights of individuals;
(c) is false, misleading, or deceptive;
(d) violates these Terms or any policy posted in the ‘Settings’ section, or elsewhere, in the AmpCharge App;
(e) is detrimental to, or in violation of, Ampol’s IT systems, or a third party’s systems or network security; or
(f) interferes with the use of the AmpCharge App or Services by other users.

8.4 Ampol may, at any time without prior notice, restrict, block, suspend or disable access, edit and/or remove some parts of the AmpCharge App, or the entire AmpCharge App, or Services, including any material which in Ampol’s reasonable opinion may give rise to a breach, or be in violation of these Terms or any applicable Laws, or which Ampol considers in its absolute discretion might be otherwise harmful.

 
9 Safety when using AmpCharge App
9.1 The AmpCharge App is not intended to be used while driving. You must comply with the road rules and not use the AmpCharge App or your mobile device in any manner contrary to the road rules or any Laws. 

9.2 When you are at a Location, you must comply with all safety notices and directions from Ampol personnel regarding the use of mobile devices at that Location. 
 
10 Access to and use of Charging Stations
10.1 Before using the Charging Stations you must input a Payment Method within the AmpCharge App. 

10.2 Once you have input the Payment Method, you will be prompted to select the chosen connector of the Charging Station at the Location and your preferred Payment Method. You will then select ‘start charging’. Once your electric vehicle is charging, you will be able to monitor the progress via the Charging Station or the AmpCharge App, which will show the energy taken so far by your electric vehicle as it charges and the Charges payable. Once you have ended your charging session, your nominated Payment Method will be charged automatically for the total amount due and the tax invoice will be accessible through the AmpCharge App.

10.3 You acknowledge and agree that your vehicle, the battery type and capacity and other factors beyond our control will impact the charging time. Ampol gives no guarantee or warranty regarding the amount of time required to charge your EV.

10.4 You must ensure that the Charging Stations are used in a proper and safe manner and with reasonable care so as to avoid injury to any person or damage to property. Without limitation, you must: 
(a) comply with all signage, safety and usage instructions displayed on the Charging Station or in the AmpCharge App;
(b) not deface or tamper with the Charging Stations;
(c) not use the Charging Stations or parking bays at which the Charging Stations are located for any purpose other than charging your EV;
(d) connect a charging cable to your electric vehicle and must ensure that the cable is safely plugged into your electric vehicle and connected to the Charging Station in accordance with the manufacturer’s instructions of your electric vehicle and the relevant instructions on the Charging Station;
(e) ensure that the positioning of the cable does not create any risk to the health and safety of third parties at the Location;
(f) not use any cable that is damaged, faulty or modified in any way; 
(g) not otherwise act in any manner that may impair the operation of the Charging Station or the Services; and
(h) promptly unplug and move your electric vehicle when charging is complete.

10.5 In the event you become aware of a health and safety related concern or other issue with a Charging Station you should immediately stop using the Charging Station and promptly contact, as may be appropriate, the emergency services, our 24/7 helpline or, if you are at a Location at which a human operator is present, Ampol personnel at that Location. The contact details of our 24/7 helpline can be found within the AmpCharge App and on the Charging Stations. 
 
11 Fair use
11.1 Your use of the Charging Stations must be fair, reasonable and not excessive. Ampol will monitor usage to ensure customers use the Services in this way. 

11.2 In addition, you must not use the parking bay at the Charging Station for any longer than required to charge your electric vehicle. 
 
12 Term 
12.1 These Terms will apply from the time agreed by you in accordance with clause 1.3, until the Services are provided and the Charges for those Services are paid in full. Each instance of access and use of the Services will create a new agreement between us and you on these Terms. 

12.2 You can terminate these Terms at any time by deleting the AmpCharge App from your mobile device and ceasing to access and use the Services. 

12.3 If you: 
(a) breach any provision of these Terms; 
(b) have committed fraud in connection with the Services, or if we suspect that you have committed or intend to commit such fraud; 
(c) have provided false or misleading information to us;
(d) have demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with these Terms; or
(e) fail to make any payment due under these Terms,

Ampol may immediately and without notice to you:
(f) terminate these Terms or suspend your access to all or any part of the AmpCharge App and/or the Services; and
(g) prevent your further access to all or any part of the AmpCharge App and/or the Services.

12.4 You acknowledge and agree that Ampol may use and/or aggregate the Data in conjunction with other information collected or obtained by Ampol, and you agree that Ampol is permitted to disclose the Data and materials derived from that Data to any third party in its sole discretion and make full use of, commercialise and exploit the Data.
 
12.5 Without limiting any other provision of these Terms:
(a) any Charges and other fees that accrue, but are not paid as at the date of termination of these Terms, remain due and payable; and
(b) clauses 12.5, 13 to 19, 20.3, 21 and 22 and any other clauses which should by their nature survive termination of these Terms, survive termination or expiration of these Terms for any reason whatsoever.

12.6 To the extent permitted by Law, we will not be responsible for any loss, costs, or expense you may incur in connection with us exercising our rights under this clause 12.

 
13 Intellectual Property Rights
13.1 Subject to your compliance with these Terms, Ampol grants you a non-transferable, non-exclusive, non-sublicensable, royalty free licence to install, view, use and access the AmpCharge App during the term of these Terms, in Australia, solely for your legitimate personal purposes (which excludes seeking to commercialise the AmpCharge App) and as authorised by Ampol or (where applicable) our third party licensors.

13.2 Your use of the AmpCharge App and the Services does not grant or transfer any rights, title or interest to you in the AmpCharge App or its contents, except for the licence expressly granted to you under these Terms.

13.3 You acknowledge and agree that Ampol owns or licences from third parties all rights, title and interest (including intellectual property rights) in the AmpCharge App and the Services, including in any improvements to the AmpCharge App and the Services, and including as they may incorporate any suggestions, ideas, information, comments, process descriptions or other information that you provide to Ampol from time to time (Feedback). 

13.4 You may from time to time provide us with Feedback. You absolutely and unconditionally assign to Ampol all rights, title and interests (including all intellectual property rights) in and to any Feedback immediately upon creation, free of all encumbrances.
 
14 Third party websites and content
14.1 The AmpCharge App and/or Services may contain links to third party websites, such as Google Maps, services or advertisements offered by third parties (Third Party Content). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, Ampol does not endorse and is not responsible or liable for any Third Party Content and has no control over any Third Party Content.

14.2 Unless expressly stated otherwise, Ampol is not responsible for the privacy practices of those linked websites. The privacy policies that apply to those other websites may differ substantially from Ampol’s Privacy Policy, so you should read them before using those websites.
 
15 Data and Privacy
15.1 You acknowledge and agree that Ampol may use and/or aggregate the Data in conjunction with other information collected or obtained by Ampol, and you agree that Ampol is permitted to disclose the Data and materials derived from that Data to any third party in its sole discretion and make full use of, commercialise and exploit the Data.

15.2 Ampol will collect your personal information in connection with the Services, including when you use the AmpCharge App, provide your payment details to us, and use our Charging Stations. Some examples of personal information that we will collect include your payment information, your location information, information regarding your interaction with the AmpCharge App (such as your device information and preferences) and the Charging Stations (such as the amount of the energy purchased and your vehicle serial number), and your contact details, if you reach out to us.  

15.3 We will collect your personal information:

(a) to provide you with, and improve and enhance, the Services, including (where relevant, but without limitation) to find your nearest Location(s) and process payments to your nominated Payment Method;
(b) to make recommendations to you and personalise the Services; 
(c) to promote and market products and services offered by Ampol, its related entities and our partners; and
(d) for other purposes referred to in these Terms and our Privacy Policy.

 
16 Warranties, disclaimers and liability
16.1 The Australian Consumer Law, and other laws provide for certain conditions, consumer guarantees and rights which apply to agreements with consumers (as defined in that legislation) that cannot be excluded or limited (Non-Excludable Guarantees). Nothing in these Terms excludes or limits the operation of these Non-Excludable Guarantees. 

16.2 You acknowledge and agree that, to the maximum extent permitted by Law, including the Australian Consumer Law:
(a) the Services, including the AmpCharge App, are made available on an “as is” and “as available” basis;
(b) Ampol makes no warranties or representations about the Services, including but not limited to warranties or representations that:
(i) any data submitted, uploaded, input into, or otherwise displayed in the AmpCharge App will not be lost or corrupted;
(ii) the AmpCharge App will be free from errors, bugs, viruses or other harmful components; 
(iii) the AmpCharge App will operate in combination with any other hardware, software, system or data;
(iv) the Charging Stations will operate in combination with any electric vehicle.

(c) Ampol will not be liable for any Loss, property damage, personal injury or death that may arise from or in connection with: 
(i) your use of the AmpCharge App, the Charging Stations and other Services;
(ii) the information or materials contained in the AmpCharge App being incorrect, incomplete or not up-to-date; or
(iii) any loss or corruption of any data submitted, uploaded or input in the AmpCharge App,
except to the extent that the Loss, property damage, personal injury or death was caused by a negligent, fraudulent or unlawful act or omission of Ampol or our employees, agents or contractors. 
(d) Ampol will not be responsible or liable for your conduct at the Location(s); 

(e) Ampol does not accept any liability for damage to your vehicle, your property, any third party or their property that may occur as a result of your failure to comply with these Terms;

(f) while Ampol uses reasonable commercial efforts to ensure the AmpCharge App and the Charging Stations are available and operational at all times (subject to location specific restrictions), Ampol is not under any obligation to ensure uninterrupted and continuous availability and accessibility of the Services and will not be liable to you if the AmpCharge App is unavailable or a Charging Station is not operational, or if your access is restricted, suspended or terminated at any time or for any period. 

16.3 You agree that, to the extent permitted by Law and subject to the terms of this clause 16,  our liability under these Terms will be limited as follows: 

(a) we will not be liable for any Consequential Loss; 

(b) any liability we have to you for breach of any Non-Excludable Guarantees will be limited (at our option) to providing you equivalent goods or services, or paying you the costs of acquiring goods or services which are equivalent, to those goods or services to which that breach relates; and 

(c) otherwise, our liability for any Loss arising out of or in connection with these Terms or a supply of the Services under these Terms, whether for breach, in tort (including negligence) or for any other common law or statutory cause of action is, in the aggregate, limited to $50,000.

16.4 Ampol has no obligation to monitor your access to or use of the AmpCharge App or Services but has the right to do so for the purpose of ensuring your compliance with these Terms or to comply with applicable Law or with an order or requirement of a court or governmental agency.

 
17 Concerns and refunds 
17.1 If you are not satisfied with the quality of the electric vehicle charging services provided through one of our Charging Stations, you should contact us on our contact email address set out in the AmpCharge App within 48 hours of placing your charging order and provide details of your concerns. If you are requesting a refund, then to the maximum extent permitted by Law, including the Australian Consumer Law, we will assess the merits of your refund claim and will advise you of our decision within 30 days.

17.2 If you have any concerns about the AmpCharge App, you can contact us on our contact email address set out in the AmpCharge App as soon as possible. We will consider your concerns and provide our response within 30 days.
 
18 Indemnity by you
18.1 You indemnify Ampol, its related entities and their personnel (Indemnified Parties) from and against any and all Loss suffered or incurred by the Indemnified Parties arising out of or in connection with:
(a) a breach by you of these Terms; 
(b) your negligence, improper use of or deliberate mistreatment of any Charging Station or the Services; and
(c) any unauthorised use of the AmpCharge App on your device,
except to the extent that the Loss was caused by a negligent, fraudulent or unlawful act or omission of Ampol or our employees, agents or contractors. 
18.2 You acknowledge and agree that Ampol has been irrevocably appointed to act as sole and exclusive agent of these Indemnified Parties for the purpose of recovering (whether through court proceedings or otherwise) the Losses of the Indemnified Parties and enforcing the indemnities.
 
19 Events outside of our control
19.1 Ampol will not be liable or responsible for any failure to perform any of our obligations under these Terms or a delay in performance caused by an event beyond our reasonable control, such as a failure or shortage of public or private telecommunications or electricity networks or grids, civil unrest, labour shortage or dispute, instructions or requests from the government, emergency services or any other regulatory or governmental authority, weather events or natural disasters, epidemics or pandemics, or road closures. 

19.2 If such an event occurs, we will endeavour to notify you, including by posting a note in the AmpCharge App or at our Location(s).  
 
20 General
20.1 Entire agreement: These Terms contain the entire agreement between the parties with respect to their subject matter. 

20.2 Severability: Any provision of these Terms which is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

20.3 Governing law and jurisdiction: These Terms and, to the extent permitted by law, all related matters including non-contractual matters, are governed by the laws of New South Wales and of the Commonwealth of Australia applying there.  Each party submits to the non-exclusive jurisdiction of the courts of New South Wales. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

20.4 Assignment: You must not transfer, assign, charge, subcontract or otherwise deal with these Terms, or any of your rights or obligations arising under these Terms, without Ampol’s prior written consent. Ampol may transfer, assign, novate, charge, subcontract or otherwise deal with these Terms, or any of its rights or obligations arising under these Terms, at any time during the Term.

20.5 Waiver:  If we waive a breach of these Terms by you, that waiver will not be considered to be or include a waiver of any previous or subsequent breach by you of the same or any other provision of these Terms.
 
21 Definitions
21.1 In addition the terms defined above, the following definitions apply in these Terms: 
Australian Consumer Law	the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Charging Station	equipment that is provided by Ampol and can be used to charge electric vehicles.
Charges	charges for the Services as published within the AmpCharge App.
Consequential Loss	(a) loss of profits, loss of revenue, loss of data, loss of or damage to reputation or goodwill, loss of business or business opportunities (including opportunities to enter into or complete arrangements with third parties), damage to credit rating; and (b) any loss, not arising naturally (that is, according to the usual course of things), from the relevant breach, whether or not such loss is reasonably supposed to have been in the contemplation of both parties, at the time they entered into these Terms, as the probable result of the relevant breach.
Data	means data (excluding personal information) that you input into the AmpCharge App, provide to Ampol or its personnel by any other means, or that is generated as a result of your use of the Services.
Intellectual Property Rights	all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software) , trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
Law	all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct, writs, orders, injunctions and judgments.
Location	a location of the Charging Station that you may access or use as part of the Services.
Loss	any claim, loss, liability, cost or expense (including legal expenses on a full indemnity basis).
Payment Method	a payment method that may be made available by Ampol through the AmpCharge App from time to time to facilitate the payments for the Services.
 
 
22 Interpretation

22.1 The following rules apply unless the context requires otherwise:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural, and the converse also applies;
(c) nothing in these Terms is to be interpreted against a party solely on the ground that the party put forward these Terms or a relevant part of it;
(d) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
(f) a reference to a clause is a reference to a clause of these Terms;
(g) a reference to an agreement or document (including a reference to these Terms) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by these Terms or that other agreement or document;
(h) a reference to a party to these Terms or another agreement or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives);
(i) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
(j) a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible or tangible form;
(k) a reference to conduct includes an omission, statement or undertaking, whether or not in writing;
(l) a reference to an agreement includes any undertaking, deed, agreement and legally enforceable arrangement, whether or not in writing, and a reference to a document includes an agreement (as so defined) in writing and any certificate, notice, instrument and document of any kind; and
(m) mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included.
 
 
5 July 2022