Terms And Conditions

 

1. Introduction

These Terms apply to your use of the Vehicle Charging Services and the Platform.

2. Definitions

In these Terms, unless the context otherwise requires:
Account means the user profile created for, or by, you via the Website or the ChargeNet App for the purposes of registration of the payment method used for payment via the Platform, and managing your use, of the Vehicle Charging Services.
Administration Portal means ChargeNet’s online portal which is only accessible via the Website pursuant to which certain authorised users may manage their Account.
ChargeNet means ChargeNet NZ Limited (NZ company number 5671347).
ChargeNet App means ChargeNet’s smartphone application.
Charge Station means a charging station for electric vehicles which is either owned and/or operated by ChargeNet or which is owned and/or operated by a third party, and which accepts payments for Vehicle Charging Services via the Platform.
Charges means the fees payable for the Vehicle Charging Services, all being plus GST and any government rates, taxes, charges or duties which are, or which may be, imposed or charged upon transactions when you access and use the Vehicle Charging Services.
Data means information about your usage, and the usage of any vehicles or persons linked to your Account, of the Vehicle Charging Services.
Fleet Customer means a person approved in writing as a fleet customer by ChargeNet, who has more than one user linked to their Account, and to whom ChargeNet provides the Vehicle Charging Services to on account.
GST means goods and services tax payable under the Goods and Services Tax Act 1985.
Intellectual Property Rights has the meaning given in clause 11.1.
Physical Token means any physical token that permits use of the Vehicle Charging Services (including unique Radio Frequency Identification Cards and fob keys).
Platform means the platform that ChargeNet enables users to use, and to pay for, the Vehicle Charging Services and includes the Charge Stations, the Website, the ChargeNet App, the Tokens and ChargeNet’s system for processing payments and data relating to the Vehicle Charging Services (including any network, operating system, software, data or material that underlies or is connected to that system).
Premises means the premises on which a Charge Station is located and/or via which the Charge Station may be accessed.
Tariff refers to the price of the Vehicle Charging Services.
Terms means these terms and conditions as amended from time to time.
Token means an authentication method approved by ChargeNet, and linked to your Account, to enable you to obtain the Vehicle Charging Services, including a Physical Token, a Vehicle Token and a Virtual Token.
Vehicle Charging Services means the charging services for electric vehicles provided via Charge Stations.
Vehicle Token means a method that links a vehicle to your Account through an approved process to act as authentication method when you use the Vehicle Charging Services.
Virtual Token means the method of logging into your Account either via the Website, the ChargeNet App or ChargeNet approved method to enable use of the Vehicle Charging Services.
Voucher means a credit issued by ChargeNet against your Account.
Website means ChargeNet’s website located at charge.net.nz.
you and your means the user of the Vehicle Charging Services and the Platform, and any person on whose behalf you are acting.

3. Agreement with you

3.1 You agree:
(a) to be bound by these Terms;
(b) on behalf of each user linked to your Account, that each such user has agreed to be bound by, and comply with, these Terms on the same basis as you (and you warrant that you have the authority of such users to confirm their agreement to be bound by these Terms),

from the date you apply for an Account.

3.2 You confirm you have the legal authority to enter into these Terms and, where you are an individual, you confirm that you are at least 18 years of age.

3.3 ChargeNet may make changes to these Terms. If ChargeNet does that, it will give you notice of the changes as soon as reasonably practicable (but not later than 10 days before the change is to take effect). ChargeNet will give you notice by any reasonable method of communication including posting a notice on the Website or the ChargeNet App, emailing you, sending you a text message, notifying you by other electronic means or by a combination of these methods. Your continued use of the Vehicle Charging Services and/or the Platform will be deemed acceptance of a change to these Terms (as applicable). If you do not accept any changes to these Terms, you should immediately cease use of the Vehicle Charging Services and the Platform.

4. Use of Vehicle Charging Services

4.1 In order to obtain the Vehicle Charging Services, you must establish your Account, which process includes a requirement for you to register a payment method for your Account, via either the Website or the ChargeNet App.

4.2 Your access to, and use of, the Vehicle Charging Services may be limited by ChargeNet based on the type of your Account, any credit limit that ChargeNet may place on your Account and the status of the payment of your Charges.

4.3 You will take all reasonable care when accessing and using the Charge Stations and the Premises, comply with the manufacturer’s instructions in relation to your vehicle, and comply with the reasonable instructions and requests of ChargeNet and the Premises’ owner or operator relating to the access to, and use of, the Charge Stations and the Premises. You must ensure your use of a Charge Station does not present any danger or risk to other persons, vehicles and/or ChargeNet’s equipment.

4.4 You agree not to use, or attempt to use, any Charge Station for any other purpose than to charge an electric vehicle that is compatible with the Charge Station.

4.5 Vehicle charging bays associated with each Charge Station are only available for use in conjunction with the legitimate use of the Charge Station. You must promptly disconnect your vehicle from the Charge Station, and remove your vehicle from the vehicle charging bay, after your vehicle is charged. ChargeNet may charge you additional fees for overstaying. Any vehicle or object under your control that is interfering with the use of the Charge Station may also be disconnected from the Charge Station and/or removed from the Premises at your risk and expense.

4.6 While ChargeNet uses all reasonable efforts to keep the Vehicle Charging Services free from any faults, errors or defects, ChargeNet does not guarantee the availability or compatibility of the Vehicle Charging Services with your vehicle, or performance of the Vehicle Charging Services, nor does ChargeNet guarantee that all the Vehicle Charging Services will be available for use at all times.

4.7 You acknowledge that ChargeNet is not supervising your use of the Charge Stations and the Vehicle Charging Services, and that you are undertaking such use at your own risk.

5. Tariffs and Charges for Vehicle Charging Services

5.1 The Tariffs for using the Vehicle Charging Services can be found on the Website or the ChargeNet App. While ChargeNet will attempt to provide you with prior notice (by any reasonable method of communication including posting a notice on the Website or the ChargeNet App, emailing you, sending you a text message, notifying you by other electronic means or by a combination of these methods) of any Tariff change that is to apply across Charge Stations generally, Tariffs at any individual Charge Station can change at any time without notice. It is your responsibility to check the Tariff that applies to a Charge Station before its use.

5.2 Charges are due for payment via a payment method acceptable to ChargeNet (such as Visa or MasterCard):
(a) by individuals:
(i) at the time of using the Vehicle Charging Services; or
(ii) where a third party has approved you being linked to their Account, and to pay for the Vehicle Charging Services you use, at the due date for payment specified in an invoice rendered in respect of that Account; and
(b) if you are a Fleet Customer, at the frequency agreed with ChargeNet from time to time.

5.3 If you dispute any Charge you need to notify ChargeNet within 30 days of being informed of the Charge, otherwise you will be deemed to have accepted it.

5.4 By registering a payment method via your Account, you:
(a) warrant to ChargeNet that the details registered with ChargeNet are accurate and that you are authorised to use the relevant payment method;
(b) authorise ChargeNet to charge the Charges and any other amounts payable under these Terms to that payment method; and
(c) agree to take no steps to reverse, vary or otherwise interfere with that payment method being used to pay the Charges.

5.5 You can change or update your relevant payment method details, at any time, by updating your Account details on the Website or the ChargeNet App.

5.6 If you do not pay any Charges, ChargeNet may suspend or cancel your use of the Vehicle Charging Services and/or the Platform and take enforcement action to recover amounts owed at your cost.

5.7 Where you use credit from a Voucher, ChargeNet will deduct such sums from the credit connected with the Voucher. Any credit from a Voucher may only be used for the Vehicle Charging Services and any other amounts payable by you in connection with use of Charge Stations and the Platform. Any credit on a Voucher is not refundable or able to be exchanged for cash.

6. Tokens

6.1 The following applies to any Physical Token approved, and supplied to you, by ChargeNet:
(a) You must not allow any Physical Token to be used for any other purpose and you must not assign, sell or transfer any Physical Token unless through a process approved by ChargeNet.
(b) When authorised by ChargeNet, you may authorise other persons to use a Physical Token linked to your Account but you will remain responsible for all Charges incurred through such use.
(c) The Physical Token remains the property of ChargeNet at all times. ChargeNet reserves the right to cancel any Physical Token, at any time. ChargeNet will notify you when it does so.
(d) You agree to return, at your cost, any Physical Token issued to you by ChargeNet when the Physical Token is cancelled or replaced, your Account is closed or when ChargeNet otherwise asks you to do so.
(e) ChargeNet may charge you a fee to provide a replacement Physical Token.

6.2 The following applies to use of a Vehicle Token:
(a) If authorised by ChargeNet, you may link a vehicle to your Account if you follow ChargeNet’s guidelines for the linking process. Once linked to your Account, any Vehicle Charging Services used in connection with that vehicle will be charged to your Account until it is unlinked.
(b) It will be your responsibility to unlink any vehicle from your Account should you no longer wish to meet the Charges incurred in connection with that vehicle.

6.3 When using a Virtual Token, you must ensure you logout of your Account on any devices that you no longer wish to be able to be used in connection with your Account. Where you have authorised persons to use the Vehicle Charging Services on your Account through their own virtual Token, you must ensure you disable or delete those persons in the Administration Portal when they are no longer authorised to use the Vehicle Charging Services in connection to your Account.

6.4 You are responsible for ensuring the safe custody and authorised use of any Token. You must notify ChargeNet by phoning 0800 2 24274 (0800 2 CHARGE) as soon as you become aware that any Token issued to you has been lost, stolen or used in an unauthorised manner. You will be liable for all transactions that occur before ChargeNet receives such notification.

6.5 ChargeNet may alter the types of available Tokens at any time without prior notice to you.

7. Your Account and Data

7.1 ChargeNet will send you periodic statements that summarise the Data and you may use such Data for your own personal and non-commercial use. Persons linked to your Account will not receive a statement.

7.2 You may not assign, sell or transfer the Data without ChargeNet’s agreement in writing.

7.3 You must keep your Account secure, not permit any other person to use it and immediately notify ChargeNet if you become aware of any disclosure of your Account details or unauthorised use of your Account.

7.4 You must:
(a) not act in a way, or use or introduce anything that in any way compromises, or may compromise, the Platform, or otherwise attempt to damage or interfere with the Platform;
(b) access the Website via standard web browsers only;
(c) only use Android or iOS mobile applications in respect of the ChargeNet App approved by ChargeNet; and
(d) obtain ChargeNet’s prior written permission to establish a link to the Platform.

7.5 Where you are authorised by ChargeNet, you may use the Administration Portal to manage your Account and obtain a copy of the Data solely for your own personal and non-commercial use.

8. Termination, alteration, suspension and cancellation

8.1 You may stop using the Vehicle Charging Services and/or your Account at any time. If you also wish to terminate or close your Account with ChargeNet, you can do so by emailing ChargeNet at info@charge.net.nz or notifying ChargeNet via the ChargeNet App. You will remain liable to ChargeNet for all costs and charges incurred by you prior to when you stop using the Vehicle Charging Services or you close your Account.

8.2 ChargeNet reserves the right, at its reasonable discretion, to terminate, change, suspend or restrict access to the Vehicle Charging Services, your Account and/or the Platform if you:
(a) materially breach these Terms (including failure to pay an amount owed to ChargeNet);
(b) abuse, misuse or damage any Charge Station and/or Premises;
(c) provide false or inaccurate information to ChargeNet; or
(d) cancel, reverse or dishonour any payment to ChargeNet,

and, unless it would contravene ChargeNet’s obligations under law, ChargeNet will notify you of such a termination, change, suspension and/or restriction of access. You will remain liable to ChargeNet for all Charges incurred by you prior to such termination, change, suspension and/or restriction of access.

8.3 If a party exercises its rights under clause 8.1 or 8.2, such exercise will be without prejudice to either party’s rights or remedies in respect of a breach by the other party prior to such exercise.

9. Privacy

9.1 ChargeNet collects information about you when you open your Account, use the Vehicle Charging Services and/or the Platform. ChargeNet will collect, use and store your personal information in accordance with the Privacy Act 2020 and its privacy policy, which is available at www.charge.net.nz/privacy-policy.

10. Complaints procedure

10.1 ChargeNet is a member of Utilities Disputes and is required to comply with the terms contained in the Utilities Disputes Consumer Codes of Practice relating to the handling of complaints.

10.2 ChargeNet’s in house complaints handling process is free and simple for you to use. Your freephone call to 0800 2 242743 will be answered by ChargeNet’s call centre who will endeavour to resolve your complaint directly.

10.3 Should ChargeNet be unable to resolve any complaint to your satisfaction, or within 20 days, you may direct your complaint to: Utilities Disputes, Freepost 192682, PO Box 5875, Lambton Quay, Wellington 6140, freephone 0800 22 33 40 or email info@utilitiesdisputes.co.nz. You can also take your complaint to the Office of the Ombudsman, to the Courts or the Disputes Tribunal.

10.4 ChargeNet’s complaints process does not remove any rights you may have at law.

11. Intellectual property

11.1 ChargeNet (and its licensors) own all proprietary and intellectual property rights in, or used in connection with the Vehicle Charging Services and/or the Platform, and in any updates, replacements, revisions, enhancements, additions or conversions to the same (Intellectual Property Rights).

11.2 You may make use of the Intellectual Property Rights only for the purpose of using the Vehicle Charging Services and/or the Platform as expressly permitted under these Terms. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights to you.

11.3 You will not copy, modify, translate, decompile, reverse engineer, disassemble or otherwise reduce to a human readable form, or adapt, the whole or any part of the Platform or use such things to create a derivative work.

12. Liability

12.1 You have certain rights under consumer protection legislation, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, which include, amongst other things, laws that services will be provided with reasonable skill and care and be reasonably fit for a particular purpose. You have rights and remedies available to you if these laws are breached. Your rights under consumer protection legislation cannot be excluded or limited by these Terms. However, you agree that where you are acquiring goods, services or electricity in trade (as defined in the Consumer Guarantees Act 1993) then the provisions of the Consumer Guarantees Act 1993 do not apply to the goods, services or electricity supplied to you.

12.2 Subject to your rights and ChargeNet’s obligations under law (including your rights under consumer protection legislation referred to in clause 12.1):
(a) ChargeNet will have no liability for loss or damage (including loss of data) caused by electricity surges or spikes;
(b) ChargeNet will not be liable to you (in contract, tort (including negligence) or otherwise) for any loss or damage you may suffer unless, and only to the extent that:
(i) the loss or damage is direct loss of, or damage to, your physical property;
(ii) it occurs due to ChargeNet’s breach of these Terms or ChargeNet’s negligence; and
(iii) it is reasonably foreseeable and is directly caused by ChargeNet’s breach or ChargeNet’s negligence;
(c) without limiting clauses 12.2(a) and 12.2(b), the maximum amount ChargeNet will pay as compensation for your loss is $500 in respect of any event or series of closely related events; and
(d) you agree to indemnify ChargeNet and ChargeNet’s representatives, agents and employees, in respect of all claims, demands, actions, suits, proceedings, costs, damages, expenses, losses and liabilities of any nature, arising out of or in connection with any breach of these Terms by you.

12.3 If an event beyond ChargeNet’s reasonable control prevents ChargeNet from complying with these Terms, ChargeNet will have no liability for that non-compliance. In that case, ChargeNet will resume performing ChargeNet’s obligations as soon as it is reasonably practicable for ChargeNet to do so.

13. General

13.1 These Terms are governed by New Zealand law and you submit to the exclusive jurisdiction of the New Zealand Courts.

13.2 You may not assign or transfer any of your obligations under these Terms. ChargeNet may assign some or all of ChargeNet’s rights, obligations and/or interests, subcontract some or all of ChargeNet’s obligations or novate its agreement with you, to another person provided it does not detrimentally affect your rights under these Terms. Where ChargeNet does this, it will let you know (including letting you know where you can access contact information for the person who ChargeNet will, or has, transferred to and when the transfer will take, or has taken, place).

13.3 No party will be deemed to have waived any right under these Terms unless the waiver is in writing and signed by that party. A failure to exercise or delay in exercising any right under these Terms will not operate as a waiver of that right. Any waiver will not constitute a waiver of any subsequent or continuing right, or of any other provision in these Terms.

13.4 Provisions of these Terms which, by their nature, are intended to survive termination of these Terms, will continue in force.