Contractual relationship

By accessing and using this Z Energy EV Charging App (the App) using our EV chargers or using 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 organisation using and accessing the App) and us (Z Energy Limited, NZ company no. 12046).

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.

If you have any questions, comments, or concerns about the Services or these Terms and conditions, please contact us.

 

Accessing and using the Z EV Charging App

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 requires you to add a payment method, such as a credit card or debit card onto your Account (Payment Method). You can then use our, or our approved third-party providers (Third Party Providers), electric vehicle (EV) charging stations to charge EVs. You authorise us to charge your Payment Method or use your Balance (where applicable) for all amounts payable by you following your use of the Services. 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).

Who holds payment card information?

When you input your Payment Method 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 Security at Stripe | Stripe Documentation.

Paying for EV charging

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:

  • pre-paid monetary credit on your Account (Balance) where applicable; or
  • Payment Method.

If you have a Balance, your Balance will be used first before any Charges are debited from your Payment Method.

Using your Balance and paying for EV Charging

From 26th April 2023 the App will no longer include a function to upload a prepaid monetary credits as a Balance. If you have an unused Balance after that date, you can still use our, or our Third Party Providers EV charging stations to charge EVs at applicable Charging Stations and use your Balance to pay for EV charging until your Balance is at zero. You will not be able to use your Payment Method to pay the Charges until your Balance is at zero. Once the value of your Balance has been used, any further Charges will be debited through your Payment Method. The Charges will be debited from your Balance and Payment Method immediately following your use of the Services. Any future Charges will be debited from your Payment Method only and you will be unable to load any further credit to your Balance.

Conditions on your Balance

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 agree that your Balance is for the use of EV Charging, and therefore non-refundable, unless under circumstances determined reasonable by us.

Using your Payment Method and paying EV Charging

The following is the process to use the App to pay the Charges when charging your EV:

  • Open the App. You will be prompted to select the charge point you wish to use by scanning the QR code.
  • The charge point will unlock, ready for you to use.
  • Authorise the charger to start by [sending an “Authorise” command using the App]
  • You will be notified when your charge is completed in the App, and your Payment Method will be debited.

Each time you authorise the charger to start, you authorise a pre-authorisation hold of $50 be held against your Payment Method to ensure that the payment card is both valid and has sufficient credit. If a pre-authorisation hold is not granted for any reason (for example, insufficient funds are detected), you will not be able to proceed with use of the Services. We have sole discretion to change the authorisation hold amount at any time.

The Charges will be debited from your Payment Method immediately following your use of the Services and the pre authorised amount will be released back to your Payment Method. We are not responsible for, and have no influence over, the time it takes for your bank (who issued your payment card) to release a temporary hold or pre-authorisation hold. If you have any queries on this, we suggest you contact the issuer of your payment card.

If your Payment Method is declined by the card issuer or bank, we may, at our discretion, suspend your Account until full payment is received. If you fail to pay for any Charges due in connection with your Account within 7 days, you acknowledge that we may pass any debts to an external debt collection agency.

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.

Charges from your Payment Method (or Balance, if applicable) for the purposes of EV Charging are non-refundable. In the event of any disputed or unauthorised transactions, or you believe a reasonable circumstance exists and you would like to request a refund, please contact us on EVsupport@z.co.nz immediately.

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.

 

Responsibility for your Account and use of the Services

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 unauthorised or fraudulent use. That includes:

(a) locking your device when it is not in use;

(b) not leaving your device unattended; and

(c) ensuring up-to-date software is installed on your device.

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 unauthorised 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.

You will comply with the manufacturer's instructions in relation to your vehicle, and we do not guarantee the compatibility of our EV chargers with your vehicle. You must ensure that your vehicle is capable of handling high speed charging. Warning: Older model plug in hybrid electric vehicles (PHEVs) may not be capable of handling high speed charging and may suffer damage if charged with a high speed charger.

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:

  • copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not clearly permitted by us
  • remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the App
  • use the Services in an illegal way, or damage or disrupt the App
  • use the App while your vehicle is in motion

You agree to comply with any Z safety rules related to use of electronics on Z premises, including not using your device (such as a smartphone or tablet) in any prohibited areas.

 

Data Protection and Privacy

We use your data for several reasons, including to help provide services to you. This section outlines how we deal with your personal information like your name and email address.

To use our Services, you must provide certain personal information. We collect, process and use personal information in accordance with these terms and our privacy policy.

IMPORTANT! Please read our privacy policy carefully. It is an important part of these Terms and contains detailed information about how we collect and handle your personal information.

You can request to close your Account via the App at any time. You can do so by following the process in the App to close your account, or alternatively by contacting us. We will retain your personal information for as long as required for the purposes set out in these Terms and our Privacy Policy. This may include retaining certain personal information after you close your Account.

How we use your personal information

In addition to the purposes listed in our privacy policy, we may use any information you provide us to:

  • provide you with the Services (including by disclosing personal information to our authorised third-party contractors)
  • contact you with information regarding the Services, including the App
  • monitor your use of the App
  • help resolve and manage issues with the Services
  • report on App usage to help us improve the App

IMPORTANT! We may also use information you provide us to identify offers, promotions, new products, improvements, or other information we think you might find interesting, tell you about them, and provide them to you whether through the App or other channels like email or phone. You may opt out at any time through the notification options on your phone, or the unsubscribe link in the email – contact us if you have any questions or concerns about this.

We may collect precise or approximate location data from your mobile device (regardless of whether the App is running in the background or foreground of your mobile device) if you have enabled us to do so. This makes it easier for you to get information regarding the Services, such as the location of Applicable Charging Stations, and helps us to improve the Services. You may enable or disallow us to collect such location data by following the process described in the App. However, this may affect some functionality available in the App.

When we disclose your personal information

We may disclose information you provide to us to the third parties listed in our privacy policy, to the extent needed to help us achieve the above purposes. We may disclose your information in other ways outlined in our privacy policy and as permitted by Aotearoa New Zealand privacy laws.

We will delete your data once we no longer need it for any purpose for which it was collected, this generally occurs within a 6-12 month timeframe.

No data transmitted via the App can be guaranteed to be secure. Any information you submit through the App is done at your risk.

You must provide accurate information

You promise that all information you provide us is true, accurate and correct.

 

General terms

This section outlines some important legal terms, including when we can change these terms, the App, and what we will be responsible for if things go wrong.

We may subcontract or delegate the performance of any of our responsibilities under these Terms.

Subject to any changes that may be made to these Terms from time to time, these Terms constitute the entire agreement between you and us and supersede all previous agreements and undertakings. However, this does not limit any statutory or common law rights that either you or we have.

Changes we can make to these terms

The App will evolve over time as we continue to improve our service.

IMPORTANT! We may change these terms from time to time. The changes will take effect when we publish them on the Z website. By continuing to use the App, you’ll be taken to have accepted the latest version of these terms, and it’s up to you to check for any changes. We will notify you of any material change that may impact how you interact with the App or Applicable Charging Stations.

Changes we can make to the App

Z may change the format and content of the App at any time. Z may suspend the operation of the App for support or maintenance work, in order to update the content, or for any other reason. Where a scheduled outage will occur for an extended period of time, will provide up as much notice to you as reasonably possible.

Additional terms may apply

Additional terms may apply to specific goods or services or online tools provided through the App. If there is any inconsistency between these terms and the product or tool-specific terms, the product or tool-specific terms will prevail.

Availability

Like any online service, we cannot guarantee that the Services will be uninterrupted or error-free. It is up to you to take any precautions necessary to ensure you do not incur losses or costs if the Services are affected by an interruption or error.

Intellectual property rights

The Services, including the App, contain material which is protected by intellectual property rights. All intellectual property rights in the Services are either owned by us or are used by us under licence.

Links to third-party websites

The App may include links to external websites. We do not endorse or assume any responsibility for the content of those links.

We may suspend or terminate your access to the Services

We may terminate or suspend your access to all or part of the App at any time if we reasonably suspect or have evidence of misuse of the App, without giving you notice.  We do not need to give you a reason for any termination or suspension.

Our liability

Z tries to ensure that all information provided in the App is correct but does not guarantee its accuracy.

IMPORTANT! To the extent permitted by law, we are not liable for any action you may take as a result of relying on such information or advice, or for any loss or damage suffered by you or any third party as a result of you or a third party taking this action.

To the extent permitted by law, we will not be liable for any loss or damage (whether direct, indirect or consequential, or loss of profit, revenue, savings or opportunity, or any special loss) you or any third party suffer in connection with the use of the Services, including the App or the use of, or reliance on, content contained in or accessed through the Services, including the App. To the extent permitted by law, we also exclude any condition or warranty that could be implied into these terms.

IMPORTANT! Some laws contain non-excludable warranties, guarantees or other rights. For example, the Consumer Guarantees Act permits the recovery of consequential loss in some circumstances. These terms do not in any way exclude or restrict any non-excludable or modifiable statutory rights or benefits you may have. If your use of the App and the Services pursuant to these Terms is for the purposes of a business, you acknowledge and agree that the provisions of the Consumer Guarantees Act 1993 do not apply.

To the extent permitted by law, we are not liable to you for any failure or delay in performance of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

If and to the extent any of the above liability sections of these Terms are held by any court or administrative body of competent jurisdiction to be illegal, void, or unenforceable, then, to the extent allowable by law and except in the case of the payment of the Charges to us, the total liability of us to you and of you to us in any 12 month period under or in relation to these Terms, will be limited to $1000 , whether or not the liability is caused by the failure, or negligence, of us or you, or by any third party whether or not under the control of us or you.

No warranty

We make no representations and give no warranties that the App will be:

  • capable of running on your iPhone, iPad, Android device, or other computer equipment and software
  • free from technical glitches, computer viruses, worms, software bombs, Trojan horses or similar items.

IMPORTANT! To the extent permitted by law, Z will not be liable for loss, corruption of, or damage to data, or viruses or similar items that may infect your iPhone, iPad, Android device, or other computer equipment and software due to your use of the App.

Governing law

These terms are governed by the laws of Aotearoa New Zealand.