TERMS AND CONDITIONS OF USE FOR MERIDIAN’S ZERO CHARGING NETWORK

Introduction

1. These terms and conditions govern your use of the Zero Electric Vehicle Charging Stations owned and/or operated by Meridian Energy Limited (Meridian) and your use of the Zero app. By using a Zero EV Charging Station and the Zero app, you agree to be bound by these terms and conditions.

Use of the EV Charging Stations

2. We may make available Zero EV Charging Stations for use by you to charge your EV. In doing so, we reserve the right to refuse or suspend access to any or all Zero EV Charging Stations to any person at any time (including but not limited to any person found in breach of these terms and conditions).

3. We do not guarantee, and are under no obligation to ensure, the status, or compatibility with your EV, or the performance of the Zero EV Charging Stations, nor do we promise to provide an uninterrupted electricity supply to the Zero EV Charging Stations.

4. We warrant to you that each Zero 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 Zero EV Charging Station you can:

• contact us on 0800 EV ZERO (0800 38 9376);
• send us an email at zero@meridianenergy.co.nz; or
• raise a ticket in the Zero app.

Use of the Zero app

6. In order to use a Zero EV Charging Station you must register as a user on the Zero app.

7. You must provide true, current and complete information in the Zero app and must promptly update that information if it changes, so that it remains true, current and complete.

8. The Zero app requires you to choose a password. You are responsible for keeping that password safe and secure so as to prevent any unauthorised use of, and access to, your account.

9. We will make Data available to you in the Zero app. You must not assign, sell or transfer the Data without our agreement in writing. You may use the Data for your own personal and non-commercial use.

10. We do not guarantee that the operation of the Zero app will be continuous, complete or error-free.

Price and Payment

11. Charges (if any) for the use of the Zero EV Charging Stations are set by Meridian or the owner of the particular Zero EV Charging Station. Charges for the relevant Zero EV Charging Station can be found in the Zero app. Prices and fees are subject to change at any time.

12. Meridian does not give any warranties in respect of prices charged or services or electricity provided by third party owners or operators of the Zero EV Charging Stations.

13. Charges for use of the Zero EV Charging Stations are due via credit or debit card at the time of using a Zero EV Charging Station.

14. By registering a credit or debit card with the Zero app you:

a. warrant that the details registered in the Zero app are accurate and that you are authorised to use the relevant payment method;

b. authorise Meridian to charge the fees (including pre-authorisations) and any other amounts payable under these terms and conditions to that payment method; and

c. agree to take no steps to reverse, vary or otherwise interfere with these charges.

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

16. If you pay using your credit or debit card, you will be redirected to the BrainTree payment platform. Braintree is a payment platform operated by PayPal Pte. Ltd (PayPal). PayPal is an “independent controller” for the purpose of processing your information that you give to PayPal. PayPal’s privacy statement is available at braintreepayments.com.

17. Braintree’s payment platform may use a pre-authorisation hold on your credit or debit card. Meridian are not responsible for, and have no influence over, the time it takes for your bank to release the pre-authorisation hold. If you have any questions on the pre-authorisation hold, you should contact the issuer of your credit or debit card.

Your obligations

18. When using any Zero 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. when using any Zero EV Charging Station, you acknowledge and agree to comply with any applicable signage (including time limits) enforced by the owner of the Zero EV Charging Station.

b. exercise all reasonable care for your health and safety;

c. take reasonable care that your acts or omissions do not adversely affect the health and safety of others; and

d. comply, as far as you are reasonably able to, with any reasonable instruction that is given by Meridian. (Any reasonable instruction includes, but is not limited to, the relevant EV owner’s manual and the instructions for use which are set out at the Zero EV Charging Station [and on our website] (which may be amended by Meridian from time to time)).

19. You warrant to us that:

a. your EV has a current warrant of fitness and is registered for use on New Zealand roads;

b. you have read the relevant instructions set out at the Zero EV Charging Station; and

c. the EV does not present any danger or risk to other vehicles or persons or the Zero EV Charging Stations.

20. You acknowledge that we do not supervise your use of the Zero EV Charging Stations and that you undertake such use at your own risk.

21. Meridian may change, suspend, discontinue, or restrict access to the Zero EV Charging Stations, Zero app and/or the Data without notice or liability, including if you: (a) abuse, misuse or damage any Zero EV Charging Station; (b) provide false or inaccurate information to Meridian; or (c) cancel, reverse or dishonour any payment to Meridian.

Privacy

22. In using the Zero EV Charging Stations and the Zero app, you may provide personal information to Meridian and you agree that any information collected by Meridian may be accessed or collected for use by Meridian or any of its related companies in the course of its business (including direct marketing activities), for the purpose of facilitating the administration of the Zero EV Charging Stations or promoting products to you that Meridian reasonably believes that you may be interested in.

23. Meridian may also share your personal information with the owner of the specific Zero EV Charging Station that you use (where that is not Meridian) or service providers who provide services to us and who may need to access personal information to perform their services. Our service providers contractually commit to protecting the security and confidentiality of personal information they process on our behalf.

24. We acknowledge that you have the right under the Privacy Act 2020 to have access to personal information held by Meridian about you and to request correction of that personal information. Meridian will comply with its obligations under the Privacy Act 2020 with respect to such information.

25. The Zero EV Charging Stations and Zero app may also collect statistical information concerning the use of the Zero EV Charging Stations. Such statistical information is anonymous.

Liability

26. The Zero EV Charging Stations and the Zero app are provided on an ‘as is’ basis for use at your own risk.

27. None of Meridian or any owner of a Zero EV Charging Station will have any liability or responsibility to you or any other person for any loss or damage to you or your EV under or in connection with these terms and conditions, the Zero EV Charging Stations or the Zero app, including in connection with:

a. any Zero EV Charging Station being inaccessible, unavailable or incompatible with your EV or systems;

b. the supply of electricity surging or being unavailable or interrupted;

c. any error in, omission from or delay in the provision of, any information provided or made available to you (including in respect of any Data);

d. any third party site linked from the Zero app;

e. user error; and

f. the use or inability to use the Zero EV Charging Stations.

28. Meridian will not be liable to you for any loss or damage to you or your EV unless, and to the extent that, such loss or damage is directly caused by:

a. the gross negligence of Meridian; or

b. the wilful breach of Meridian of any of its obligations under these terms and conditions.

29. No owner of a Zero EV Charging Station will be liable to you for any loss or damage to you or your EV unless, and to the extent that, such loss or damage is directly caused by the gross negligence of that owner in relation to that Zero EV Charging Station.

30. If, notwithstanding any other provision of these terms and conditions, Meridian or an owner of a Zero EV Charging Station (each a Relevant Person) is found to be 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 which is reasonably foreseeable, and which has not been caused by something beyond that Relevant Person’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).

b. the Relevant Person’s maximum liability to you for any single event or series of related events will be limited to $10,000.

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 a Zero EV Charging Station, the Zero app or these terms and conditions.

31. Where clauses under the heading “Liability” refer to an owner of a Zero EV Charging Station, these clauses shall be enforceable against you by that owner under Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

32. To the maximum extent permitted by law you agree to indemnify Meridian against any liability, claims, proceedings, costs, expenses and damages which Meridian may suffer or incur as a result of any damage you cause to a Zero EV Charging Station or for your failure to comply with these terms and conditions.

33. 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. You agree that where you are acquiring goods, services or electricity in trade (as defined in the Consumer Guarantees Act 1993) then the provisions of that Act do not apply to the services or electricity supplied to you under these terms and conditions.

Intellectual Property

34. You agree that Meridian owns or licenses all proprietary and intellectual property rights in connection with the Zero EV Charging Stations, the Zero app and the Data, and that nothing in these terms and conditions shall operate to transfer or assign any such rights to you.

35. Any Data that is generated in the course of using the Zero EV Charging Stations or the Zero app shall vest in and be owned by Meridian. To the extent such Data contains any personally identifiable information, Meridian will comply with the Privacy Act 2020.

Change of Terms and Conditions

36. Meridian may amend these terms and conditions from time to time. Each time you use a Zero EV Charging Station you agree to be bound by the then current terms and conditions, as published in the Zero app and on Meridian’s website.

General

37. These terms and conditions are governed by and must be construed in accordance with the laws of New Zealand. You and Meridian 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.

38. If you have downloaded the Zero app for use on a mobile device manufactured by Apple Inc., you acknowledge that these terms and conditions are between Meridian and you, and not with Apple Inc. and that Apple Inc. has no responsibility for the Zero app. You further acknowledge that Apple Inc. has no obligations to you for maintenance or support in regard to the Zero app. Definitions and Interpretation

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 Zero EV Charging Stations and/or the Zero app;

Meridian, our, us or we means Meridian Energy Limited;

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

Zero app means Meridian’s iOS or Android application titled “Zero charging”; and

Zero EV Charging Station means any Meridian branded EV charging station.