By accessing and using this EV Charging App (the App) or any related services (together, the Services), you accept the following terms and conditions (Terms). Please read these terms carefully. They make a legally binding contract with you (the person or organization using and accessing the App).
Where we refer to you or your in these Terms, we mean any individual that is using the Services. Reference to a device means any eligible device that you use to access the Services.
Additional terms may also apply to the Services, such as policies for a particular event, activity, promotion or referral credit and such terms will be disclosed to you in connection with the applicable Services. These terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Additional terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Your use of the Services may also be subject to the terms of your agreement with other third party service providers (such as your payment method provider (for example your bank) and data service provider), which will apply in addition to these Terms.
To use the Services, you must download the App from the app store and follow the set-up process described in the App. You will need to have an active internet connection. Your mobile device will need to use a software version that supports the App. You must register for, and maintain, an account on the App (Account). You may only have one Account at any time.
The App enables you to load a pre-paid monetary credit onto your Account (Balance). You will receive a tax invoice for credit loaded onto your Balance. You can then use our, or our approved third-party providers (Third Party Providers), electric vehicle (EV) charging stations to charge EVs and use your Balance to pay for your EV charging. An up-to-date list of the EV charging stations that are available for use with the Services is available on the App (Applicable Charging Stations).
You can load credit onto your Balance using a valid New Zealand issued Visa, MasterCard or American Express Credit or Debit Card, following the procedure explained in the App. Access to top up amounts is immediate, subject to connectivity. Minimum and maximum top up amounts may apply and can be adjusted by us. Limits may apply to your Balance, as set out on the App . Your unused Balance at any particular time cannot be higher than $200. You cannot load more than $9,999 in total of monetary credit in your Account in any 12-month period. The Balance is inclusive of GST.
When you input your payment card data into the App, it will be provided to Stripe, a global payments gateway provider, who securely holds the details on their system.
We will never see nor store the details of your payment cards - such details are collected, stored, and processed by Stripe. For further information regarding Stripe, and how it encrypts and processes the App transactions, see here.
You must pay charges to us when you use the Services to charge an EV at Applicable Charging Stations (Charges). The Charges will be debited from your Balance immediately following your use of the Services.
You will only be able to charge your EV using an Applicable Charging Station up to the value of your Balance. In addition, minimum Balance amounts may apply to your use of Applicable Charging Stations, as set out on the App. Where a minimum amount applies, you will not be able to charge your EV using an Applicable Charging Station unless your Balance meets, or exceeds, the applicable minimum amount.
The Charges, and any other amounts payable by you under these Terms, are stated and payable in New Zealand dollars and are inclusive of GST (if any).
Different Charges may apply to your use of the Services (for example in respect of different geographical areas or different Applicable Charging Stations). We may establish, remove and/or revise the Charges for the Services at any time. Charges for the Services are displayed for each charge point within the App in the list of Applicable Charging Stations.
You agree that topping up your Balance is for the use of EV Charging, and therefore non-refundable, unless under circumstances determined reasonable by us. Charges from your Balance for the purposes of EV Charging are non-refundable. In the event of any disputed or unauthorized transactions, or you believe a reasonable circumstance exists and you would like to request a refund.
Your Account will be suspended if your Account is unused for a continuous period of 24 months. If your Account is suspended, or otherwise terminated, any unused Balance will be forfeited on and from the date that your Account is suspended or terminated. However, we may refund you any unused Balance if we consider it would be reasonable to do so as set out above.
Your Balance is held by our service provider Counties Energy Limited in a separate bank account for Z customer funds. We deduct amounts from your Balance in this separate bank account as set out in these Terms. You agree that you have no right to any interest earned on your Balance deposited in this account.
You are responsible for all activity that occurs under your Account. You are responsible for protecting your passwords and other private user credentials and for any usage of your user credentials. You must ensure the safety of the device you use in connection with the Services by taking all reasonable care to prevent loss, theft and unauthorized or fraudulent use. That includes:
Any person who can unlock your device may be able to use the Services. You should have a passcode set on your device. If you suspect your passcode has become known to someone else you should change it immediately. You must notify us immediately on becoming aware of any actual or suspected unauthorized use of your user credentials.
If you have biometric identification login enabled on your device any person whose biometric identification is stored on your device may be able to access the Services. Accordingly, you must ensure that only your biometric identification is stored on the device if you wish to use biometric identification login to make payments for the Services. Biometric identification login details are stored on your device and not by us, so we cannot verify the identity of any person who uses biometric login to access the Services from your device.
You are responsible for obtaining all devices, data, connections and other requirements necessary to use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your devices, network connections or telecommunications links or caused by the internet.
You acknowledge that the Applicable Charging Stations and the Services may be provided by us or by our Third Party Providers. You may also be able to access and use third-party products, services and content as part of the Services (for example Google Maps). Any such third-party products, services and content are subject to the terms and conditions set by their providers. We do not endorse or assume any responsibility for third-party products, services or content, or your use of such third-party products, services or content.
You are solely responsible for ensuring that your electric vehicle is in good order and repair such that it does not pose any danger to the Services, to any other person (including you) or to any person’s property in connection with your use of any Applicable Charging Stations.
We may make changes and improvements to the Services, including through the release of new updates, modifications and enhancements to the App, and in some cases, discontinue features. We will notify you within 30 days of any material changes that may impact how you interact with the App or Applicable Charging Stations. You cannot:
You agree to comply with any EV safety rules related to use of electronics on premises, including not using your device (such as a smartphone or tablet) in any prohibited areas.