T&Cs for using We.EV and WEL Networks public chargers
1. INTRODUCTION
Your use of WEL EV Charging Stations is governed by these terms and conditions. By using a WEL EV Charging Station, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you must not use any WEL EV Charging Station.
In these terms and conditions:
“Designated Space” means any designated EV car parking space located adjacent to a WEL EV Charging Station. “EV” means an electric vehicle.
“WEL EV Charging Station(s)” means any WEL branded EV charging station located adjacent to a Designated Space. “we” "us" or “WEL” means WEL Networks Limited.
“WEL” means WEL Networks Limited.
“you” means the person using the WEL EV Charging Station.
2. OUR SERVICES
We may, from time to time, make available WEL EV Charging Stations for use by you to charge an EV. You may be required to download and use a mobile application to enable your use of a WEL EV Charging Station. We reserve the right, at our absolute discretion and at any time, to refuse or suspend access to any or all WEL EV Charging Stations to any person (including but not limited to any person found to be in breach of these terms and conditions).
We do not guarantee, and are under no obligation to ensure, the availability or performance of any WEL EV Charging Stations or its compatibility with every EV, nor do we promise to provide an uninterrupted electricity supply to any WEL EV Charging Station.
Each WEL EV Charging Station complies with all mandatory statutory or other industry safety standards applicable to the operation of EV charging stations.
We aim (but owe you no obligation) to keep WEL EV Charging Stations free from any faults, errors or defects. If there are any faults or you have any issues with any WEL EV Charging Station, please contact us as soon as reasonably possible. You can call our Customer Services team on 0800 800 935 or email us at customer@wel.co.nz.
3. YOUR USAGE
Your use of any WEL EV Charging Station must be fair, reasonable and not excessive. If we consider, in our absolute discretion, your usage to be unfair, unreasonable or excessive (without limiting section 2 above), we may immediately suspend, modify or restrict your access to any or all WEL EV Charging Stations.
You agree not to use, or attempt to use, WEL EV Charging Stations for any purpose other than charging an EV, and then only to the extent that the EV is compatible with WEL EV Charging Stations.
If you use a WEL EV Charging Station for business purposes, you agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply and it is reasonable to exclude its application.
4. YOUR OBLIGATIONS & ACKNOWLEDGEMENTS
When using a WEL EV Charging Station, you agree to exercise all reasonable care, to comply with the relevant EV handbook and any instructions for use set out at WEL EV Charging Station (as amended by WEL from time to time). WEL will not be liable for any damage of any kind whatsoever to an EV, arising from your negligence and/or failure to exercise such reasonable care or comply with the requirements of the EV handbook or WEL’s instructions for use of the WEL EV Charging Station.
You warrant to us that your EV has a current warrant of fitness and registration, that you have read the relevant EV handbook and that the EV does not present any danger or risk to other vehicles or persons or WEL EV Charging Stations.
Where you are not the owner of the EV using the WEL EV Charging Stations, you warrant to us that you are authorised by the EV owner to use the WEL EV Charging Stations and to bind the owner to these terms and conditions.
You acknowledge that we are not supervising your use of any WEL EV Charging Station and that you use at your own risk.
You acknowledge that where any WEL EV Charging Station is located on private property, you agree to keep that property clean and tidy, and to comply with all reasonable requests of the property owner when using the WEL EV Charging Station.
5. LIABILITY
Subject to section 3, nothing in these terms and conditions shall affect or limit any rights that you may have under the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986.
Nothing in these Terms and Conditions limits or excludes any rights You may have, or obligations we may have, under the Energy Complaints Scheme provided by Utilities Disputes Ltd.
WEL will not be liable to you for any loss or damage suffered by you or to the EV unless, and to the extent that, such loss or damage is directly caused by (i) the negligence of WEL; or (ii) the wilful breach by WEL of any of its obligations under these terms and conditions; provided that such loss or damage is reasonably foreseeable and is not caused by something beyond WEL's 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 and conditions).
Where WEL is liable, WEL's maximum liability to you for any single event or series of related events is limited to
$5,000. However, to the maximum extent permitted by law, WEL 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 a WEL EV Charging Station.
6. JURISDICTION
These terms and conditions are governed by, and are to be construed in accordance with, New Zealand law. The New Zealand courts have exclusive jurisdiction to resolve any disputes arising under or in relation to these terms and conditions, or your use of any WEL EV Charging Station.
7. PRIVACY
In using the WEL EV Charging Stations, you may provide certain personal information to WEL and you agree that any information collected by WEL may be accessed or collected for use by WEL or any of its related companies in the course of its business (including direct marketing activities).
Under the Privacy Act 1993, you can access your personal information held by WEL and request correction of that personal information. You can email your privacy request to us at privacy@wel.co.nz.
8. CHANGE OF TERMS AND CONDITIONS
WEL may change these terms and conditions from time to time. Each time you use a WEL EV Charging Station, you agree to be bound by the current terms and conditions as published on WEL's or We.EV's website.