User Agreement of EVPORT Charging Network

Definition

In these terms and conditions:

EV means a motor vehicle, regardless of whether it is owned by you, that is a battery electric vehicle or a plug-in hybrid electric vehicle;

Data means any information (including personal information) about your use of the EVPORT EV Charging Stations and/or the EVPORT app;

EVPORT, our, us or we means EVPORT Limited;

You or your means both the person using the EVPORT EV Charging Station and the owner of the EV;

EVPORT app means EVPORT’s iOS or Android application titled “EVPORT”; and

EVPORT EV Charging Stations means any EVPORT branded EV charging stations.

Introduction

1. By utilizing the EVPORT app and EV Charging Stations that are owned and/or operated by EVPORT Limited, you are agreeing to be bound by the terms and conditions outlined in this document. These terms and conditions govern your use of both the EVPORT app and EVPORT EV Charging Stations.

Use of the EV Charging Stations

2. EVPORT reserves the right to offer the use of EVPORT EV Charging Stations for the purpose of charging electric vehicles, and we retain the right to deny or temporarily restrict access to any or all of our EV Charging Stations to any individual at any time. This includes individuals who violate these terms and conditions.

3. We cannot guarantee the availability or compatibility of EVPORT EV Charging Stations with your EV, nor can we ensure their performance. Additionally, we do not promise an uninterrupted electricity supply to the EVPORT EV Charging Stations.

4. We warrant to you that each EVPORT EV Charging Station complies with all mandatory statutory or other industry safety standards applicable to the operation of EV charging stations.

5. If there are any faults, errors or defects or there are any issues with any EVPORT EV Charging Station you can:

6. To use an EVPORT EV Charging Station, you must first register as a user on the EVPORT app.

7. You must provide true, current and complete information on the EVPORT app and to update that information promptly if there are any changes, to ensure its accuracy, currency, and completeness.

8. When using the EVPORT app, you will be prompted to create a password. It is your responsibility to safeguard your password and ensure its security to prevent any unauthorized access or use of your account.

9. We will provide you with data through the EVPORT app. You are not allowed to assign, sell, or transfer the data without obtaining our written consent. The data is for your personal and non-commercial use only.

10. We do not guarantee uninterrupted, complete, or error-free operation of the EVPORT app.

Price and Payment

11. The fees (if applicable) for using EVPORT EV Charging Stations are determined by EVPORT or the owner of the specific EVPORT EV Charging Station. You can find the charges for the relevant EVPORT EV Charging Station in the EVPORT app. Please note that prices and fees are subject to change without prior notice.

12. EVPORT does not provide any warranties with respect to the prices charged, services provided, or electricity supplied by third-party owners or operators of EVPORT EV Charging Stations.

13. The fees for using EVPORT EV Charging Stations are payable via credit or debit card at the time of use.

14. When you register a credit or debit card with the EVPORT app, you:

  • a. confirm that the information provided in the EVPORT app is accurate and that you have permission to use the payment method;
  • b. authorize EVPORT to charge the fees and other amounts due under these terms and conditions to that payment method; and
  • c. agree not to initiate any action to reverse, modify, or otherwise interfere with these charges.

15. You can change or update your payment method details at any time in the EVPORT app.

16. If you pay using your credit or debit card, you will be redirected to a third-party payment platform. The privacy statement of the third-party payment platform is available on their website.

17. If you fail to pay the charges within the specified timeframe, we reserve the right to suspend or terminate your use of EVPORT EV Charging Stations, and take any necessary enforcement action at your expense.

Your obligations

18. When using any EVPORT EV Charging Station, you agree to comply with your obligations under the Health and Safety at Work Act 2015 and any other relevant regulations. In particular, you agree to:

  • a. Take reasonable care for your own health and safety;
  • b. Take reasonable care that your actions do not adversely affect the health and safety of others; and
  • c. Comply with any reasonable instruction given by EVPORT, including but not limited to the instructions for use set out at the EVPORT EV Charging Station and on our website. These instructions may be amended by EVPORT from time to time and may include the relevant EV owner’s manual.

19. You warrant to us that:

a. Your electric vehicle (EV) is registered for use on New Zealand roads and has a valid warrant of fitness;

b. You have read the applicable guidelines provided at the EVPORT EV Charging Station; and

c. Your EV does not pose any risk or danger to other individuals, vehicles, or EVPORT EV Charging Stations.

20. You acknowledge and agree that your use of the EVPORT EV Charging Stations is entirely at your own risk, and we are not responsible for any damage, loss, injury or harm caused by your use of the EVPORT EV Charging Stations.

21. We reserve the right to change, suspend, discontinue or limit access to the EVPORT EV Charging Stations, EVPORT app, and/or the Data at any time and without prior notice or liability. We may take such action if you abuse, misuse, or damage any EVPORT EV Charging Station, provide false or inaccurate information to us, or cancel, reverse or dishonour any payment to us.

Privacy

22. When you use EVPORT EV Charging Stations and the EVPORT app, we collect information about you. This personal information will be collected, used, and stored in accordance with the Privacy Act 2020 and our privacy policy, which can be found at https://evport.co.nz/privacy-policy/.

23. Your personal information may be shared with the owner of the specific EVPORT EV Charging Station you use (if the owner is not EVPORT) or with service providers who provide services to us and need access to personal information to perform their services. We ensure that our service providers contractually commit to protecting the security and confidentiality of personal information they process on our behalf.

Liability

24. The EVPORT EV Charging Stations and the EVPORT app are provided to you on an “as is” basis and at your own risk.

25. Neither EVPORT nor any owner of an EVPORT EV Charging Station will be liable or responsible for any loss, damage or injury that you, your property or any other person may incur under or in connection with these terms and conditions, the EVPORT EV Charging Stations or the EVPORT app, including, but not limited to:

  • a. Inaccessibility, unavailability or incompatibility of any EVPORT EV Charging Station with your EV or systems;
  • b. Surges or interruption in the supply of electricity or unavailability of electricity;
  • c. Errors, omissions, delays or failures in the provision of any information (including in respect of any Data) made available to you;
  • d. Any third-party site linked from the EVPORT app;
  • e. User error; and
  • f. Your use or inability to use the EVPORT EV Charging Stations.

26. EVPORT will not be liable for any loss, damage or injury to you, your property or your EV unless such loss or damage is directly caused by:

  • a. The gross negligence of EVPORT; or
  • b. The wilful breach of EVPORT’s obligations under these terms and conditions.

27. No owner of an EVPORT EV Charging Station will be liable for any loss, damage or injury to you, your property or your EV unless such loss, damage or injury is directly caused by the gross negligence of that owner in relation to that EVPORT EV Charging Station.

28. If, despite any other provision of these terms and conditions, EVPORT or an owner of an EVPORT EV Charging Station (each a “Relevant Person”) is found liable to you for loss or damage to you or your EV under these terms and conditions, then to the maximum extent permitted by law:

  • a. The Relevant Person will only be liable for loss or damage that is reasonably foreseeable and which has not been caused by something beyond that Relevant Person’s control, including any act or omission of any third party, any force majeure event, or any breach by you of these terms and conditions.
  • b. The Relevant Person’s maximum liability to you for any single event or series of related events will be limited to the amount paid by you to EVPORT in connection with your use of the EVPORT EV Charging Stations and EVPORT app during the six-month period preceding the date on which the claim arose.
  • c. The Relevant Person will not be liable to you for any other loss or damage arising (whether direct or indirect, special or consequential, pecuniary or non-pecuniary, and whether arising in tort (including negligence) or contract or otherwise) as a result of or in connection with your use of an EVPORT EV Charging Station, the EVPORT app, or these terms and conditions.

29. Any clause under the heading “Liability” referring to an owner of an EVPORT EV Charging Station will be enforceable against you by that owner under Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

30. To the maximum extent permitted by law, you agree to indemnify and hold EVPORT harmless from and against any and all liability, claims, proceedings, costs, expenses, and damages that EVPORT may suffer or incur as a result of any damage caused to an EVPORT EV Charging Station by you or your failure to comply with these terms and conditions.

31. In the event that any part of this liability section is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

32. Nothing in these terms and conditions will affect or limit any rights that you may have under the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986. If you are acquiring goods, services or electricity in trade (as defined in the Consumer Guarantees Act 1993), then the provisions of that Act will not apply to the services or electricity supplied to you under these terms and conditions.

Intellectual Property

33. You acknowledge that all proprietary and intellectual property rights in relation to the EVPORT EV Charging Stations, the EVPORT app and the Data are owned or licensed by EVPORT, and these terms and conditions do not transfer or assign any such rights to you.

34. Any Data produced while using the EVPORT EV Charging Stations or the EVPORT app will be owned by EVPORT. If the Data includes any personally identifiable information, EVPORT will comply with the Privacy Act 2020.

Change of Terms and Conditions

35. EVPORT reserves the right to modify these terms and conditions periodically. By using an EVPORT EV Charging Station, you acknowledge and accept that you are bound by the most recent version of the terms and conditions, as they are posted in the EVPORT app and/or EVPORT website.

General

36. These terms and conditions are governed by and must be construed in accordance with the laws of New Zealand. You and EVPORT submit to the exclusive jurisdiction of the courts of New Zealand to resolve any disputes arising under or in relation to these terms and conditions.

37. This Agreement constitutes the entire agreement between you and EVPORT regarding the Charging Stations and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and EVPORT.

38. If you have any questions or concerns about this Agreement or the EVPORT EV Charging Stations, please contact us at info@evport.co.nz.