Terms and Conditions

Effective 17 April 2026

We are ChargeNet NZ Limited, a New Zealand business servicing a nationwide network of strategically positioned charging points, giving EV drivers a convenient and reliable EV charging network throughout New Zealand.

We are located at 1B, 1 The Strand, Takapuna, Auckland. You can contact us through the ChargeNet website, by phone at 0800 224 274, or by email at info@charge.net.nz.

All transactions will be billed in New Zealand dollars.

  1. INTRODUCTION

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

  1. DEFINITIONS

2.1 In these Terms, unless the context otherwise requires:

Account means, as the context requires, each of:

      1. where you are an individual end user, your individual end user account;
      2. where you are a Fleet Customer, your Fleet Customer administrator account (including all Member profiles added to your Fleet Customer administrator account); and
      3. where you are a Member, your Member profile added to the applicable Fleet Customer administrator account,

created for, or by, you via the Website or the ChargeNet App for the purposes of managing your use, of the Vehicle Charging Services and (where applicable) registration of the payment method used for payment via the Platform, and provided that a Guest User does not have an Account.

Adaptor means any device used to connect a vehicle or vehicle connector to a Charge Station or Charge Station connector where the vehicle and Charge Station are not directly compatible (including, but not limited to, CHAdeMO-to-CCS, Type 1-to-Type 2, and Type 2-to-Type 1 adaptors).

Administration Portal means ChargeNet’s online portal which is only accessible via the Website pursuant to which certain Fleet Customers may manage their Account and Members.

Cable Management and Safety Features means hooks, retractors, hangers, holsters, cable trays, covers, or other devices provided at or near a Charge Station to store or secure charging cables.

ChargeNet means ChargeNet NZ Limited (NZ company number 5671347).

ChargeNet App means ChargeNet’s application located at app.charge.net.nz (as updated from time to time).

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 inclusive of GST and any government rates, taxes, charges or duties (unless clearly identified otherwise) 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 (including the Charges and payment transaction information).

Dedicated EV Charging Bay means a parking bay marked with an electric vehicle symbol or signage indicating that the bay is reserved solely for vehicles actively using a Charge Station.

Fleet Customer means a person approved in writing as a fleet customer by ChargeNet, who may have more than one Member Account linked to their Account, and to whom ChargeNet provides the Vehicle Charging Services to.

Guest Charging has the meaning given in clause 6.10.

Guest User means an individual end user (excluding Fleet Customers and Members) who accesses the Vehicle Charging Services without creating an Account and who pays for a charging session using an approved accountless or contactless payment method.

Guest Payment Terms has the meaning given in clause 6.10.

GST means goods and services tax payable under the Goods and Services Tax Act 1985.

Intellectual Property Rights has the meaning given in clause 12.1.

Member means any person invited or authorised to hold a profile as a member of a linked Fleet Customer Account, and to whom ChargeNet provides the Vehicle Charging Services.

Partner Network means the combination of all Charge Stations that are not owned, operated or managed by ChargeNet, but which accept payments for Vehicle Charging Services via the Platform.

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 you to use, and (where applicable) 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.

Shared Parking Bay means a parking bay that is not marked as a Dedicated EV Charging Bay and may be used for general parking (e.g, public library parking, or park and ride), but which is located adjacent to or incorporates a Charge Station (including AC chargers).

Tariff refers to the price of the Vehicle Charging Services, all being inclusive of GST and any applicable government rates, taxes, charges or duties (unless clearly identified otherwise).

Terms means these ChargeNet Vehicle Charging Services 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 (and/or your Members) to use the Vehicle Charging Services, including a Physical Token, a Vehicle Token and a Virtual Token.

Vehicle Charging Services means the charging services (provided by ChargeNet or a third party) for electric vehicles provided via Charge Stations.

Vehicle Manufacturer Supplied Adaptor means an Adaptor specifically intended and supplied by the vehicle manufacturer for that purpose.

Vehicle Token means a method that links a specific vehicle or vehicle identifier(s) to your Account to enable automatic authentication and use the Vehicle Charging Services (including through the creation of a vehicle based or linked ‘token’), including through Autocharge, Plug & Charge or other ChargeNet-approved vehicle-based authentication technologies.

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, including pursuant to any third party offers or promotions.

Website means ChargeNet’s website located at charge.net.nz (as updated from time to time).

you and your means, as the context requires, the user of the Vehicle Charging Services and the Platform, and any person on whose behalf you are acting, and includes both you as an individual end user, you acting as a Fleet Customer, and/or you acting as a Member (as applicable).

All Charges, fees, amounts stated in these Terms or otherwise identified to you through the Vehicle Charging Services or via the Website or the Platform are denominated in New Zealand Dollars (NZD) unless expressly stated otherwise.

  1. AGREEMENT WITH YOU

3.1 You agree (as applicable):

      1. to be bound by these Terms; and
      2. where you are a Fleet Customer, on behalf of each Member linked to your Account, that each such Member 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 Members to confirm their agreement to be bound by these Terms),

from the date you create an Account or access the Vehicle Charging Services using an approved accountless payment method as a Guest User.

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 make such a change, it will give you advance notice of the change 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 to constitute 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.

3.4 ChargeNet may, from time to time, run promotions, competitions, discounts or special offers. Each promotion will be subject to its own specific promotional terms and conditions, which will be published at the time of the promotion and can be accessed here: Promotional Terms & Conditions. By participating in a promotion, you agree to the applicable promotional terms. If there is any inconsistency between these Terms and the promotional terms, the promotional terms will prevail to the extent of that inconsistency.

  1. USE OF VEHICLE CHARGING SERVICES

4.1 In order to obtain the Vehicle Charging Services, you must either:

      1. create your Account, which, where applicable, may require you to register a payment method for your Account, via either the Website or the ChargeNet App; or
      2. hold and use an approved accountless payment method as a Guest User.

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 and payment method requirements that ChargeNet may place on your Account and the status of the payment of your Charges.

4.3 You will:

      1. 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 (whether written or oral);
      2. ensure your use of a Charge Station does not present any danger or risk to other persons, vehicles and/or ChargeNet’s equipment (including Charge Stations) or any third party’s equipment;
      3. not abuse, threaten, misuse, damage or otherwise display unacceptable conduct towards any Charge Station and/or Premises, any ChargeNet representatives (staff, call centre personnel, suppliers or contractors) or any other ChargeNet customers or any other users of the Premises or parking facilities; and
      4. comply with all reasonable site-specific instructions, signage, and usage conditions displayed at or near a Charge Station or published in the ChargeNet App (including conditions relating to parking, shared bays, AC charging locations, and cable management).

ChargeNet may publish reasonable safety and usage rules (including a Charging Connector & Adaptor Policy) on the Website or in the App, and you must comply with them.

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 and any connector used, including where an Adaptor is used in accordance with clause 4.11.

4.5 You will ensure, and warrant to ChargeNet, that your vehicle has a current warrant of fitness and registration, that you have read the relevant vehicle handbook and applicable manufacturer’s recommendations.

4.6 Where you are not the owner of the vehicle accessing the Charge Stations, you warrant to ChargeNet that you are authorised by the owner of that vehicle to use the Charge Stations and you agree and acknowledge that you will be responsible and liable under these Terms (where applicable) as though you are the owner.

4.7 Where a Charge Station is located in a Dedicated EV Charging Bay, you may only park in that bay while your vehicle is actively using the Vehicle Charging Services. You must promptly disconnect your vehicle from the Charge Station and remove your vehicle from the bay once charging has completed or has otherwise ended. Where a Charge Station is located in a Shared Parking Bay, parking in that bay is not dependent on the use of the Vehicle Charging Services. You may use the Vehicle Charging Services while parked in a Shared Parking Bay, including where your vehicle remains parked after charging has completed, provided you comply with all applicable parking conditions for the Premises and any signage or instructions displayed at the site. You acknowledge that separate parking terms, fees, time limits or enforcement may apply at the Premises and are your responsibility to comply with. Any vehicle or object under your control that unreasonably interferes with access to, or safe use of, a Charge Station or Premises may be disconnected from the Charge Station and/or removed from the Premises at your risk and expense.

4.8 You acknowledge that the Vehicle Charging Services do not include the cost of parking, unless expressly stated otherwise by ChargeNet in writing or in the ChargeNet App for a specific Charge Station. Where a Charge Station is located at Premises that impose parking fees, time limits, or other parking conditions, it is your responsibility to: (a) check whether parking charges or restrictions apply; (b) comply with all applicable parking terms and conditions; and (c) pay any parking fees directly to the relevant parking operator using the payment methods made available by that operator. Parking costs and enforcement are entirely separate from the Vehicle Charging Services and cannot be paid for, credited, offset, or settled through your ChargeNet Account, the Platform or any payment made to ChargeNet. ChargeNet does not control parking enforcement and is not responsible for any parking fines, infringement notices, towing, clamping, penalties, or other enforcement action taken by a third party parking operator or authority. ChargeNet may (but is not obliged to) display parking information in the ChargeNet App or on-site signage for convenience purposes only, and you remain responsible for confirming the applicable parking requirements at the Premises.

4.9 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. Further, certain automatic start of charge features (including Autocharge and Plug & Charge) depend on vehicle compatibility, charger compatibility, network conditions and third party systems. ChargeNet does not guarantee that these features will be continuously available or supported at all Charge Stations.

4.10 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.

4.11 You may only use an Adaptor to connect to a Charge Station if it is a Vehicle Manufacturer Supplied Adaptor and is used strictly in accordance with the manufacturer’s instructions and any markings or conditions of use, as well as any ChargeNet conditions of use published from time to time (including the Charging Connector & Adaptor Policy). You must not use any Adaptor that is modified, damaged, unmarked, or not specifically intended for the relevant vehicle/connector combination. You are responsible for ensuring any Adaptor you use complies with applicable standards (including IEC 61851, where applicable) and is safe and suitable for use. ChargeNet may (acting reasonably) refuse to start, stop, or suspend a charging session, or restrict your access to the Vehicle Charging Services, where ChargeNet considers an Adaptor is unsafe, unsuitable, or is causing faults or damage.

4.12 Where a Charge Station is fitted with a tethered charging cable (or a cable is otherwise provided at the Charge Station), you must take reasonable care of the cable and keep it safe and tidy during and after use. You must return the connector to its holster after use and take reasonable care to ensure that the charging cable is positioned safely (except to the extent reasonably necessary to connect and disconnect). You must use any Cable Management and Safety Features provided to stow or hang the cable after use. You must not drive over, trap, pull, stretch, twist, knot, or otherwise misuse a cable, or use a cable in a way that creates a hazard to people or property. ChargeNet may (acting reasonably) refuse to start, stop, or suspend a charging session, or restrict your access to the Vehicle Charging Services, and require you to follow reasonable instructions to make the area safe, where ChargeNet considers that a cable has been misused or left in an unsafe condition or you have not used the Cable Management and Safety Features.

4.13 To the maximum extent permitted by law, you are responsible for any loss, damage, fault, or interference caused to a Charge Station, charging cables (including tethered cables), Cable Management and Safety Features, the Platform, the Premises, or any third party equipment arising from your misuse of the Vehicle Charging Services, including any use of an Adaptor. You agree to pay ChargeNet’s reasonable costs incurred that rise in connection with such misuse, including reasonable costs of inspection, technician attendance, repair, replacement, retrieval of cables or connectors, courier costs, and administration. ChargeNet may invoice you for these amounts and you must pay the invoice within 14 days of issue. This clause does not apply to the extent the loss or cost was caused by ChargeNet’s negligence or breach of these Terms, or to the extent your rights cannot lawfully be excluded under applicable consumer protection legislation.

  1. ROAMING ACROSS THE PARTNER NETWORK

5.1 Notwithstanding any other provision of these Terms, the use of any Charge Station in the Partner Network (and related Vehicle Charging Services of the applicable Partner Network operator), will be subject to the terms and conditions of the Partner Network operator, provided that ChargeNet will collect the Charges in respect to your use of any Charge Station in the Partner Network. You can identify the applicable Partner Network operator when you access the Charge Station of the Partner Network within the ChargeNet App (if you wish to do so). You must comply with any such Partner Network operator terms and conditions in the use of such Charge Station. A breach of any such Partner Network operator terms and conditions will constitute and be deemed to be a breach of these Terms.

5.2 ChargeNet does not give any guarantee regarding the extent and coverage of the Partner Network, nor for the proper functioning, availability, or accessibility of any Charge Station in the Partner Network.

5.3 ChargeNet is at all times entitled to stop accepting payment via the Platform to access the Vehicle Charging Services at one or more Charge Station(s) operated by the Partner Network and/or to restrict or deny further access to a Charge Station in the Partner Network, without giving prior notice and without any obligation towards you at any time.

  1. TARIFFS AND CHARGES FOR VEHICLE CHARGING SERVICES

6.1 The Tariffs for using ChargeNet’s Vehicle Charging Services can be found on the Website and 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.

6.2 Subject to clause 6.10 as applicable to Guest Users, charges are due for payment via a payment method acceptable to ChargeNet (such as Visa or MasterCard):

      1. where you are an individual end user:
        1. at the time of using the Vehicle Charging Services or ordering any other applicable product or service; or
        2. where a third party has approved your Account being linked to your account in the third party’s system via the ChargeNet platform for ‘partner billing purposes’, and agreed to pay for certain agreed Vehicle Charging Services you use (as notified by that third party to ChargeNet), at the due date for payment specified in an invoice rendered in respect of that linked third party Account (provided you will pay for all other amounts under clause 6.2(a)(i)); and
      2. if you are a Fleet Customer (including Members), at the frequency agreed with ChargeNet from time to time.

6.3 Where applicable, and unless ChargeNet have agreed with you otherwise, ChargeNet will send or otherwise make available to you via the ChargeNet App or in accordance with the Guest Payment Terms, an invoice and/or post-Charge summary receipt for the Vehicle Charging Services supplied to you, together with the applicable Tariff and Charge(s).

6.4 ChargeNet may decline a payment for a transaction using a credit / payment card payment method if required to do so by ChargeNet’s payment gateway and/or banking provider. If required by ChargeNet’s payment gateway and/or banking provider, ChargeNet may also seek to recover a nominated credit / payment card from you that had been used in a transaction that has been refused as invalid or unacceptable. Where an idle fee, overstay fee or similar time-based charge applies at a Charge Station, you remain liable for those fees (including as a Guest User) even if any payment authorisation or pre-authorisation amount is exhausted or insufficient and ChargeNet may take reasonable steps to recover any outstanding amounts owed to it.

6.5 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. Subject to the Terms, refunds may be issued at the sole discretion of ChargeNet in cases of overcharges, payment errors or service failures. To request a refund, you must submit a claim through the Website or by emailing info@charge.net.nz within the 30-day timeframe for a dispute, providing relevant details and proof of the issue. Refunds, if approved, will be processed using the original payment method within five (5) business days. ChargeNet will never provide a cash refund if you use a credit / payment card to pay the Charges. For the avoidance of doubt, ChargeNet is not responsible for refunds due to your errors, such as incorrect charging session selections or failure to properly connect to the Charge Station

6.6 By registering a payment method via your Account, you:

      1. warrant to ChargeNet that the details registered with ChargeNet are accurate and that you are authorised to use the relevant payment method;
      2. authorise ChargeNet to charge the Charges and any other amounts payable under these Terms to that payment method, including, where applicable, to periodically charge for any recurring services; and
      3. agree to take no steps to reverse, vary or otherwise interfere with that payment method being used to pay the Charges.

6.7 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. ChargeNet will never ask you to reveal your PIN or any other secret identifier.

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

6.9 Where you use credit from a Voucher, ChargeNet will deduct such sums for use of the Vehicle Charging Services 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 transferable, refundable or able to be exchanged for cash. Vouchers maybe be subject to their own applicable terms and conditions (including any eligibility requirements and expiration dates).

6.10 ChargeNet may allow you to access the Vehicle Charging Services as a Guest User without creating an Account using an approved accountless or contactless payment method (Guest Charging). Guest Charging is not guaranteed to be available at all Charge Stations or at all times. When you use Guest Charging, these Terms (where applicable, for example excluding any provisions related to Accounts) apply to your use of the Vehicle Charging Services, together with any additional Guest Charging or payment terms displayed at the Charge Station, on the Website or in the ChargeNet App (Guest Payment Terms). In the event of any conflict or inconsistency, the following order of precedence shall apply: firstly, the Guest Payment Terms, secondly, this clause 6.10 and thirdly, the remainder of these Terms. You acknowledge that Guest Charging may require payment authorisation or pre-authorisation holds to be placed on your payment method prior to or during a charging session. Any unused authorised amount will be released in accordance with your payment provider’s processes, with timing subject to our payment gateway and technical systems. ChargeNet is not responsible for the time taken by your bank or card issuer to release any held funds. Any amount displayed during a session may be an estimate and final settlement may occur after completion of the charging session. ChargeNet may provide a method for you to access or retrieve a receipt for a Guest Charging session. ChargeNet does not guarantee ongoing access to historical Guest Charging session data unless you create an Account. ChargeNet may suspend, limit or terminate a Guest Charging session if payment authorisation fails, a pre-authorisation limit is reached or required payment validation cannot be completed. Certain promotions, discounts, loyalty features or account-based functionality may not be available to Guest Users or for Guest Charging. ChargeNet may offer you the option to create an Account following a Guest Charging session. Creating an Account is optional and subject to these Terms.

  1. TOKENS

7.1 The following applies to all Tokens supplied to you by ChargeNet or otherwise linked to your Account or Vehicle by a process approved by ChargeNet:

      1. A Token may be used to access and use the Vehicle Charging Services. You must not allow any Token to be used for any other purpose and you must not assign, sell or transfer any Token unless through a process approved by ChargeNet.
      2. You may authorise other persons to use a Token linked to your Account. You will remain responsible and liable for all Charges incurred through the use of any Tokens linked to your Account.
      3. Any Physical Token remains the property of ChargeNet at all times. ChargeNet may charge you a fee to provide a replacement Physical Token. Upon ordering Physical Token, ChargeNet will use its reasonable endeavours to ship within two (2) working days. Once shipped, you will receive a notification with the tracking link through the Website and/or ChargeNet App.
      4. 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.
      5. ChargeNet reserves the right to cancel any Token, at any time. ChargeNet will notify you when it does so.

7.2 The following applies in relation to your use of a Vehicle Token:

      1. 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 via the vehicle acting as a Vehicle Token until it is unlinked.
      2. You are responsible for ensuring that any vehicle linked to your Account is accurate and authorised by you. It will be your responsibility to unlink any Vehicle Token from your Account should you no longer wish to meet the Charges incurred in connection with that vehicle acting as Vehicle Token (such as for a vehicle that you no longer own, control or are authorised to use, including when selling or transferring a vehicle).
      3. You may create and manage Vehicle Tokens and vehicle profiles within your Account. Vehicle profiles may be linked to enable Vehicle Tokens and automatic start of charge features (including Autocharge and Plug & Charge).
      4. For automatic start of charge technologies, you may temporarily disable or permanently unlink Vehicle Tokens at any time via your Account or vehicle interface. If you unlink a Vehicle Token during an active charging session, you remain responsible for all Charges incurred for that session.
      5. If a vehicle or Vehicle Token is duplicated, mis-linked or associated with multiple Accounts, ChargeNet may suspend or reset the Vehicle Token and take reasonable steps to correct the association. Where appropriate, ChargeNet may apply credits or refunds in accordance with clause 6.5.

7.3 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 (e.g., that you sell to a third party). 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.

7.4 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.

7.5 ChargeNet may alter the types of available Tokens at any time on reasonable prior notice to you.

  1. YOUR ACCOUNT AND DATA

8.1 ChargeNet will make available to you periodic statements that summarise the Data and you may use such Data for your own personal and non-commercial use. Persons (including Members) linked to your Account may not receive a statement (depending on their Account setup and type).

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

8.3 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.

8.4 You must ensure that all information you provide to ChargeNet, including in connection with your Account, is true, accurate, current and complete. You must promptly update such information as necessary to ensure that it remains true, accurate, current and complete at all times.

8.5 You must:

      1. 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;
      2. access the Website via standard web browsers only;
      3. only use Android or iOS mobile applications in respect of the ChargeNet App approved by ChargeNet; and
      4. obtain ChargeNet’s prior written agreement to establish a link to the Platform.

8.6 Where you are authorised by ChargeNet, as a Fleet Customer you may use the Administration Portal to manage your Account and obtain a copy of the Data (including that of all your Members) solely for your own personal and non-commercial use.

8.7 You authorise and agree that ChargeNet and its charging technology partners (including third-party charging hardware, software providers and analytics tools) may automatically collect and analyse usage, interaction and vehicle-related data, technical identifiers and communication data associated with your vehicles or charging sessions, including MAC addresses, protocol identifiers, certificate-based identifiers and any other information relating to your Account and use of the Platform, as part of normal charging operations. You acknowledge and agree that any and all such information and data may be used by ChargeNet to:

      1. authenticate charging sessions and enable automatic start of charge features (including Autocharge and Plug & Charge);
      2. link charging sessions to Accounts where authorised by you;
      3. where applicable (for example, where Plug & Charge feature is enabled), create and manage a digital charging contract associated with your vehicle for the purpose of automatically initiating and billing charging sessions when the vehicle is connected to compatible Charge Stations (provided that this contract exists solely for charging authentication and billing purposes and does not create any separate service entitlement or pricing rights beyond those set out in these Terms);
      4. detect shared vehicles, duplicate identifiers and anomalous usage;
      5. prevent fraud, misuse and unauthorised access, including by linking such data or information to your Account where reasonably necessary;
      6. provide customer support and troubleshooting;
      7. analyse vehicle, charger and network performance; and
      8. improve and develop the Vehicle Charging Services and Platform.
  1. TERMINATION, ALTERATION, SUSPENSION AND CANCELLATION

9.1 You may stop using the Vehicle Charging Services and/or your Account at any time. If you also wish to close your Account with ChargeNet, and provided that your Account is not a Member Account, you can do so via the ChargeNet App or by emailing ChargeNet at info@charge.net.nz If you have a Member Account you will not be able to close your Account yourself. This will need to be administered by your applicable Fleet Customer administrator. You will remain liable to ChargeNet for all costs and charges incurred by you up to the time you stop using the Vehicle Charging Services or close your Account. If you are a Fleet Customer, closing your Account will also close off access to all your Members and their Member Accounts. For clarity, deleting the ChargeNet App from your device will not close your Account.

9.2 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:

      1. breach these Terms (including failure to pay an amount owed to ChargeNet, repeated misuse of parking bays, failure to comply with site signage or behaviour that interferes with other users of the Premises);
      2. provide false or inaccurate information to ChargeNet;
      3. cancel, reverse or dishonour any payment to ChargeNet; or
      4. have not used your Account for an extended period of time and, in ChargeNet’s reasonable opinion, it is inactive,

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.

9.3 If a party exercises its rights under clause 9.1 or 9.2, 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.

  1. PRIVACY

10.1 ChargeNet collects information about you and/or your Members when you open your Account, use the Vehicle Charging Services and/or the Platform or opt in to receive marketing communications. ChargeNet will collect, use, disclose and store your personal information (including credit / payment card details and payment information) in accordance with the Privacy Act 2020 and its privacy policy, which is available at www.charge.net.nz/privacy-policy. If you are a Fleet Customer, you are responsible for ensuring that your Members are aware of the ChargeNet privacy policy and for procuring your Member’s authorisation or consent to all processing activities taken by ChargeNet in respect of their personal information. ChargeNet may also collect and process information relating to Guest Charging sessions (including payment transaction data, device identifiers, vehicle identifiers, and technical session data) for billing, fraud prevention, quality assurance, regulatory compliance and reporting purposes.

10.2 ChargeNet acknowledges that you and/or your Members have the right under the Privacy Act 2020 to access personal information held by ChargeNet about you and to request correction of that personal information.

10.3 You acknowledge that ChargeNet may use cookies (including cookies used for analytics purposes), security technologies and abuse-prevention tools (including third-party services) that are necessary to protect the Platform, prevent fraud and ensure the integrity of the Vehicle Charging Services. If you do not agree to the use of such technologies, certain features and services (such as account creation or payment updates) may not be available.

  1. COMPLAINTS PROCEDURE

11.1 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.

11.2 ChargeNet’s in house complaints handling process is free and simple for you to use. Your freephone call to 0800 224 274  will be answered by ChargeNet’s call centre who will endeavour to resolve your complaint directly.

11.3 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.

11.4 ChargeNet’s complaints process (set out on the Website) does not remove any rights you may have at law.

  1. INTELLECTUAL PROPERTY

12.1 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 and any Data that is generated in the course of using the Vehicle Charging Services (Intellectual Property Rights), provided to the extent such Data contains any personally identifiable information, ChargeNet will comply with the Privacy Act 2020.

12.2 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.

12.3 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.

  1. LIABILITY

13.1 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. Certain 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’ then you and ChargeNet agree and acknowledge that, for the purposes of the Consumer Guarantees Act 1993 and section 5D of the Fair Trading Act 1986: (a) the products and services being supplied to You under this Agreement are being supplied and acquired in trade and are not of a kind ordinarily acquired for personal, domestic or households use or consumption; (b) both parties are in trade; (c) to the maximum extent permitted by law, and as applicable, the Parties are contracting out of the provisions of the Consumer Guarantees Act 1993, the Contract and Commercial Law Act 2017  and all terms implied by common law or custom and sections 9, 12A and 13 of the Fair Trading Act 1986; and (d) it is fair and reasonable to be bound by this clause.

13.2 Subject to clause 13.3, your rights and ChargeNet’s obligations under law that cannot be excluded or limited by these Terms (including your rights under consumer protection legislation referred to in clause 13.1) to the maximum extent permitted by law:

          1. ChargeNet will have no liability for loss or damage (including loss of data) caused by
              1. electricity surges or spikes; and/or
              2. any inability to pay the Charges using your credit / payment card, or a failure of merchant card services through with your payment would be authorised and settled (including a failure to process credit / payment card information, or inaccurately or delayed processing of credit / payment card information); and
          2. 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:
              1. the loss or damage is direct loss of, or damage to, your physical property;
              2. it occurs due to ChargeNet’s breach of these Terms or ChargeNet’s negligence; and
              3. it is reasonably foreseeable;
          3. without limiting clauses 13.2(a) and 13.2(b), the maximum amount ChargeNet will be liable to you for any loss or damage under or in connection with the Terms will be $1,000 in respect of any event or series of closely related events;
          4. where you are a Fleet Customer, 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; and
          5. ChargeNet will not be liable to you for any other loss or damage arising (whether direct or indirect, special or consequential, pecuniary or non-pecuniary, or any loss of profits, loss of revenue or loss of goodwill, or any damage to reputation of any party and whether arising in tort (including negligence) or contract or otherwise) as a result of, or in connection with, your use of Vehicle Charging Services or the Terms.

13.3 If an event beyond ChargeNet’s reasonable control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event or any breach by you of these Terms) 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.

  1. GENERAL

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

14.2 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 or 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).

14.3 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.

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