Updated Public Charging Terms and Conditions*

T&Cs for using We.EV and WEL Networks public chargers

*These updated terms and conditions apply to new account holders and ad-hoc users from 19 June 2024 and to all account holders and ad-hoc users from 1 August 2024.

INTRODUCTION
1. Your use of Vehicle Charging Services is governed by these terms and conditions.
2. By using the Vehicle Charging Services, you agree to be bound by these terms and conditions and deemed to be a party to this Agreement. If you do not agree with the terms and conditions of this Agreement, you must not use any Charge Stations.
3. This Agreement is entered into by you as a user of the Charge Station.
4. We.EV may make changes to terms and conditions of this Agreement from time to time. If We.EV does that, it will give you notice of the changes as soon as reasonably practicable (but not later than 30 days before the change is to take effect) (“Notice Period”). We.EV will give you reasonable notice by posting a notice on its website of the relevant changes to the Agreement. Your continued use of the Vehicle Charging Services after the Notice Period will be deemed acceptance of a change to this Agreement. If you do not accept any changes to the Agreement, you should immediately cease use of the Vehicle Charging Services.
DEFINITIONS
1. In this Agreement, unless the context otherwise requires:
  
  “Account” means your user profile created for the purposes of registration of the payment method used for payment for using the Vehicle Charging Services.
  
  “Agreement” means these general terms and conditions, as may be updated from time to time.
  
  “APP” means the We.EV smartphone application which communicates to We.EV’s charge point management platform to monitor, control and report on EV charging sessions and interface to a Charge Station.
  
  “Charge Station” means a Charge Station for EV which is either owned and/or operated by We.EV or which is owned and/or operated by a Third Party Provider.
  
  “Customer”, “you” or “your” means the organisation, company or person wishing to connect an EV to a Charge Station.
  
  “EV” means an electric vehicle registered for use on public roads whose main motive energy source is electricity stored in an on-board battery or batteries and, where the context requires, includes any passenger or any personal property in or around the EV.
  
  “Price” means the price payable for charging your EV at a Charge Station.
  
  “RFID Fob” means any radio frequency identification devices/cards that permits use of the Vehicle Charging Services.
  
  “Tariff” refers to the price of the Vehicle Charging Services.
  
  “Third Party Provider” means an approved third-party EV Charge Station provider with whom We.EV has an arrangement that allows you to charge your EV using the App.
  
  “Vehicle Charging Services” means the charging services for electric vehicles provided via Charge Stations.
  
  “WEL”, “We.EV”, “we”, “us” or “our” means WEL Networks Limited (including its officers and employees) and, where the context requires, includes any lawfully appointed agent or successor (including any of its officers and employees).
SERVICES
1. In order to obtain the Vehicle Charging Services, you must establish your Account by downloading the App, which requires you to register a payment method for your Account. You may also register a RFID Fob and/or register your vehicle against your Account.
2. We may, from time to time, make available Vehicle Charging Services for use by you to charge your EV. We reserve the right, at our absolute discretion and at any time, to refuse or suspend access to any or all Charge Stations to any person (including but not limited to any person found to be in breach of this Agreement).
3. While we aim (but owe you no obligation) to keep the Charge Stations free from any faults, errors or defects, we do not guarantee the availability or compatibility of the Vehicle Charging Services with your EV, or performance of the Vehicle Charging Services, nor do we guarantee to provide an uninterrupted electricity supply to the Charge Stations.
4. You acknowledge that We.EV does not supervise your use of the Charge Stations and the Vehicle Charging Services, and that you are undertaking such use at your own risk.
5. If there are any faults or you have any issues with any Charge Station, please contact us as soon as reasonably possible. You can call our Customer Services team at 0800 800 935 or email us at customer@wel.co.nz.
USE OF THE CHARGE STATION
1. Your use of Charge Station must be fair, reasonable and not excessive and at all times subject to the time limits for use.
2. You agree not to use, or attempt to use, Charge Stations for any purpose other than to charge your EV, and then only to the extent that your EV is compatible with Charge Stations.
3. When using a Charge Station, you must comply with all rules and reasonable requests of the owner or manager of the underlying site on which that Charge Station is situated.
4. If we consider, in our absolute discretion, your usage to be unfair, unreasonable or excessive, without limiting clause 4c above, we may immediately suspend, modify or restrict your access to any or all Charge Stations at any time.
5. If the Charge Stations are used by you for the purposes of a business, you agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply.
RFID FOB
1. The following applies to your use of We.EV owned and operated Charge Station with a RFID Fob:
  1. You will own any We.EV RFID Fob when it is issued to you by us.
  2. You may assign any compatible RFID Fob to your Account.
  3. You may authorise other persons to use any RFID Fob linked to your Account, but you will remain responsible for all charges incurred through such use.
  4. If you lose your We.EV RFID Fob, We.EV may charge you a fee to provide a replacement We.EV RFID Fob.
APP LICENCE
1. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to:
  1. access and use the App on your personal device solely in connection with your use of the Vehicle Charging Services; and
  2. access and use any content, information and related materials that may be made available through the Vehicle Charging Services.
2. We, or our licensors (as appropriate), own, and shall retain, all rights in and to the Vehicle Charging Services (including the App). Other than the limited licence granted to you in paragraph 6.1, neither this Agreement nor your use of the Vehicle Charging Services (including the App) grants to you any rights in or related to the same or to use or reference in any manner our company name, logos, product and service names, trademarks or services marks or those of our licensors.
3. The App may include functionality which allows you to submit, upload or otherwise make available content to us (which may include feedback related to the Vehicle Charging Services, entries for competitions and promotions and other textual, audio, and/or visual content) (“Provided Content”). You must not provide Provided Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive (as determined by us in our sole discretion). We may, review, monitor, or remove Provided Content, at any time at our sole discretion, in each case without providing notice to you.
4. Any Provided Content remains your property, but you grant us a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free licence to use, copy, modify, create derivative works of, and otherwise exploit in any manner such Provided Content and we are not required to provide you with notice of the same.
5. In respect of the Provided Content, you represent and warrant that:
  1. you are either the sole and exclusive owner of all Provided Content or you have all rights, licenses, consents and releases necessary to grant use the license described in clause 6d above; and
  2. neither the Provided Content, nor our use of the Provided Content as contemplated by this Agreement will infringe, misappropriate or violate any rights of a third party (including intellectual property, proprietary or privacy rights), or result in our violation of applicable law or regulation.
CUSTOMER’S REPRESENTATION
1. When using the Charge Station, you agree to exercise all reasonable care, to comply with the relevant EV handbook and applicable manufacturer’s recommendations and to comply with any instructions for use set out at Charge Station (as amended by We.EV or third party Charge Station owner from time to time). We.EV or the relevant third party will not be liable to you for any damage of any kind to your EV whatsoever, arising from a failure by you to exercise such reasonable care, to comply with the requirements of the EV handbook or manufacturer’s applicable recommendations, or to comply with We.EV’s instructions for use.
2. You warrant to us that your EV has a current warrant of fitness and registration, that you have read the relevant EV handbook and applicable manufacturer’s recommendations, and that the EV does not present any danger or risk to other vehicles or persons or Charge Stations.
3. Where you are not the owner of the EV accessing the Charge Stations, you warrant that you are authorised by the owner of that EV to use the Charge Stations and that you have authority to bind the owner to these terms and conditions.
4. You acknowledge that we are not supervising your use of the Charge Station and that you are undertaking such use at your own risk.
5. You acknowledge that where Charge Stations are located on private property, you agree to keep that property clean and tidy, and to comply with all reasonable requests of the owner of that property provided from time to time when using the relevant Charge Stations.
TARIFFS AND PRICING
1. The Tariffs for using the Vehicle Charging Services can be found on the App. 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.
2. We will charge you the Price for charging your EV after you have completed your Vehicle Charging Service, and a payment notification will be sent to your App. The Price will be deducted from your debit or credit card linked to your Account.
3. By registering a credit or debit card with your Account, you:
  1. warrant that the details registered in your Account are accurate and that you are authorised to use the relevant payment method;
  2. authorise We.EV to charge the Price and any other amounts payable under this Agreement to that payment method; and
  3. agree to take no steps to reverse, vary or otherwise interfere with the Price or any other charges.
4. Unless otherwise stated, the Price is inclusive of GST.
PRIVACY
1. In using any Charge Stations, you may provide certain personal information to We.EV and you agree that any information collected by We.EV may be accessed or collected for use by We.EV or any of its related companies or site owners in the course of its business (including for security purposes or direct marketing activities), in accordance with ’s privacy policy (available at We.EV Privacy Policy (we-ev.co.nz)).
2. We acknowledge that you have the right under the Privacy Act 2020 to have access to personal information held by We.EV about you and to request correction of that personal information.
LIABILITY
1. You agree to indemnify, and will keep indemnified, us and our officers, directors, employees and agents (“Indemnified Parties”) harmless from any and all claims, demands, losses, liabilities, and expenses (including legal costs and expenses) suffered or incurred by the Indemnified Parties, or for any claim brought against the Indemnified Parties, that arises out of or in connection with:
  1. your use of the Vehicle Charging Services;
  2. your breach or violation of any of this Agreement; and
  3. your violation of the rights of any Third Party Provider.
2. To the maximum extent permitted by law, We.EV 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 Charge Stations or under this Agreement.
3. We.EV will not be liable in any way to the you and all conditions, representations, warranties and undertakings whether implied by statute or common law are hereby excluded, provided that if by reason of law We.EV is obliged to pay damages to the Customer for any single event or series of event, the damage shall be limited to the Customer’s actual loss or $5,000, whichever is less.
DISPUTES
1. If any mater which we cannot agree to arise in relation to this Agreement ("Dispute"), either party may issue a written dispute notice to the other ("Dispute Notice"), following which, suitably authorised senior representatives of each party will meet to attempt to resolve the Dispute through good faith negotiation.
2. If we cannot resolve the Dispute through negotiation within 10 business days of the date of the Dispute Notice, either party may require the Dispute to be referred to binding arbitration by a sole arbitrator (being a New Zealand resident) under the Arbitration Act 1996. The place of arbitration will be Hamilton, New Zealand. If the parties cannot agree on an arbitrator within 10 business days of the Dispute being referred to arbitration, the arbitrator will be appointed at the request of either party by the president for the time being of Arbitrators’ and Mediators’ Institute of New Zealand Inc. Nothing in this Agreement shall prevent either party from seeking urgent interlocutory relief.
3. Despite clauses 11a and 11b, nothing in this Agreement limits or excludes any rights you may have, or obligations we may have, under the Energy Complaints Scheme provided by Utilities Disputes Ltd.
ENTIRE AGREEMENT
1. This Agreement contains the entire understanding between the parties concerning its subject matter and supersedes all previous agreements or understandings previously reached between the parties in relation to this subject matter. Each party acknowledges and agrees that it has made its own independent enquiry and investigations in relation to the subject matter of this Agreement and has entered into the Agreement solely in reliance on its own judgement.
GOVERNING LAW
1. This Agreement is governed by and is to be construed in accordance with New Zealand law and are subject to the jurisdiction of the courts of New Zealand.
ASSIGNMENT
1. You may not assign all or any part of your rights and obligations without our prior written consent.
SEVERANCE
1. All parts of this Agreement are severable, if any provision is held to be invalid or unenforceable for any reason, then the unenforceability of that condition shall not affect the remainder of the terms of this Agreement which will remain in full force and effect, and the parties must adjust their respective rights and obligations in accordance with the spirit and intent of this Agreement. All rights and remedies conferred under this Agreement or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Failure by either party to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term.