Unison Networks Limited
Electric Vehicle Charging Station Terms and Conditions of Use
Your use of Unison Networks Limited’s Electric Vehicles Charging Stations is governed by these terms and conditions. By using a Unison EV Charging Station, you agree to be bound by these terms and conditions and you also bind the owner of the EV which you are driving and warrant your authority to do so. If you do not agree to be bound by these terms and conditions, you must not use any Unison EV Charging Stations.
In these terms and conditions:
- “Designated Space” means any designated EV carpark located adjacent to a Unison EV Charging Station.
- “EV” means an electric vehicle.
- “Unison EV Charging Station” means any Unison Networks Limited branded EV charging station located adjacent to a Designated Space.
- “we” "us" or “Unison” means Unison Networks Limited.
- “you” means the person using the Unison EV Charging Station.
2. OUR SERVICES
We may, from time to time, make available Unison EV Charging Stations for use by you to charge your EV. However, we reserve the right, at our absolute discretion and at any time, to refuse or suspend access to any or all Unison 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, compatibility with your EV, or performance of Unison EV Charging Stations, nor do we promise to provide an uninterrupted electricity supply to Unison EV Charging Stations.
We warrant to you that each Unison EV Charging Station complies with all mandatory statutory or other industry safety standards applicable to the operation of EV charging stations, such as the Unison EV Charging Stations.
We aim (but owe you no obligation) to keep Unison EV Charging Stations free from any faults, errors or defects. If there are any faults or you have any issues with any Unison EV Charging Station, please contact us as soon as reasonably possible. You can call our Customer Services team at 0800 2 UNISON or email us at [email protected]
3. YOUR USAGE
Your use of a Unison EV Charging Stations must be fair, reasonable and not excessive. If we consider, in our absolute discretion, your usage to be unfair, unreasonable or excessive, without limiting clause 2 above, we may immediately suspend, modify or restrict your access to any or all Unison EV Charging Stations.
You agree not to use, or attempt to use, Unison EV Charging Stations for any purpose other than to charge your EV, and then only to the extent that your EV is compatible with Unison EV Charging Stations.
If the Unison EV Charging 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.
4. YOUR PROMISES TO US
When using the Unison EV Charging Stations, you agree to comply with your obligations under the Health and Safety at Work Act 2015 and associated regulations. In particular, you agree to:
- take reasonable care for your own health and safety;
- take reasonable care that your acts or omissions do not adversely affect the health and safety of others; and
- comply, as far as you are reasonably able to, with any reasonable instruction that is given by Unison. This means complying with the relevant EV manufacturer’s handbook and any instructions for use set out at the changing stations (which may be amended by Unison from time to time).
You warrant to us that your EV has a current warrant of fitness and registration, that you have read the relevant manufacturer’s EV handbook and that the EV does not present any danger or risk to other vehicles or persons or Unison EV Charging Stations.
Where you are not the owner of the EV accessing the Unison EV Charging Stations, you warrant that you are authorised by the owner of that EV to use the Unison EV Charging Stations and that you have authority to bind the owner to these terms and conditions.
You acknowledge that we are not supervising your use of the Unison EV Charging Stations and that you are undertaking such use at your own risk.
You acknowledge that where Unison EV Charging 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 Unison EV Charging Stations.
Subject to clause 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.
Unison will not be liable to you for any damage of any kind to your EV whatsoever, arising from a failure by you to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with Unison’s instructions for use. To the maximum extent permitted by law, and subject to this clause 5, you agree to hold Unison harmless against any liability, claims, proceedings, costs, expenses and damages which Unison may suffer or incur as a result of a failure by you to comply with one or more of the following: the EV manufacturer’s handbook, Unison’s instructions for use, or your obligations under the Health and Safety at Work Act 2015 or associated regulations.
Unison 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 (i) the negligence of Unison; or (ii) the wilful breach by Unison 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 Unison’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 Unison is liable, Unison’s maximum liability to you for any single event or series of related events is limited to $10,000.
To the maximum extent permitted by law, Unison 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 Unison EV Charging Station.
These terms and conditions are governed by, and are to be construed in accordance with, New Zealand law and you and we submit to the exclusive jurisdiction of the New Zealand courts to resolve any disputes arising under or in relation to these terms and conditions or your use of any Unison EV Charging Station.
In using the Unison EV Charging Stations, you may provide certain personal information to Unison and you agree that any information collected by Unison may be accessed or collected for use by Unison or any of its related companies in the course of its business (including direct marketing activities), in accordance with Unison’s privacy statement (available a www.unison.co.nz/privacy-statement and subject to change from time to time in accordance with its terms).
We acknowledge that you have the right under the Privacy Act 1993 to have access to personal information held by Unison about you and to request correction of that personal information.
8. CHANGE OF TERMS AND CONDITIONS
Unison may change these terms and conditions from time to time. Each time you use a Unison EV Charging Station you agree to be bound by the then current terms and conditions, as published on Unison’s website.