Terms and Conditions

We are ChargeNet NZ Limited, a New Zealand business servicing a nationwide network of almost 500 strategically positioned fast charging points (and expanding), giving EV drivers a convenient and reliable EV charging network throughout New Zealand. 

We are located at 6b Piermark Drive, Rosedale, 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.

2. DEFINITIONS

2.1 In these Terms, unless the context otherwise requires:

Account means, as the context requires, each of:

1. 1. 1. 1. 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.

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.

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 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).

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.

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.

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 Token means a method that links a specific vehicle(s) to your Account through an approved process to act as authentication method when you use the Vehicle Charging Services.

Vehicle 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.

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.

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.

3. AGREEMENT WITH YOU

3.1 You agree (as applicable):

1. 1. 1. 1. 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.

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.

4. USE OF VEHICLE CHARGING SERVICES

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

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. 1. 1. 1. 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; and
            3. not abuse, threaten, misuse, damage or otherwise display unacceptable conduct towards any Charge Station and/or Premises, any ChargeNet representatives (staff, cell centre personnel, suppliers or contractors) or any other ChargeNet customers.

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 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 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 and/or the Premises’ owner or operator 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.

4.8 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.

4.9 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. 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.

6. 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 Charges are due for payment via a payment method acceptable to ChargeNet (such as Visa or MasterCard):

1. 1. 1. 1. 1. where you are an individual end user:
               1. 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 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.

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. 1. 1. 1. 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).

7. TOKENS

7.1 The following applies to Tokens supplied to you by ChargeNet:

1. 1. 1. 1. 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 to use of a Vehicle Token:

1. 1. 1. 1. 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. 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 acting as Vehicle Token.

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.

8. 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:

1. 1. 1. 1. 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.

8.5 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.

9. 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 by emailing ChargeNet at info@charge.net.nz or via the ChargeNet App. 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 prior to when you stopping using the Vehicle Charging Services or you 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. 1. 1. 1. 1. breach these Terms (including failure to pay an amount owed to ChargeNet);
            2. provide false or inaccurate information to ChargeNet; or
            3. 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.

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.

10. 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. 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.

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.

11. 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 the number specified on the Website 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.

12. 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.

13. 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. 1. 1. 1. 1. ChargeNet will have no liability for loss or damage (including loss of data) caused by
               1. 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. 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.

14. 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.