Summary:
- JOLT provides Electric Vehicle Charging Services.
- You must be over 16 to use the Services.
- JOLT offers users 7 kWh of free daily charge from the JOLT electric vehicle charging network for pay-per-use customers. Use of this free daily charge, and any subscription charging, must be in accordance with these Terms and JOLT’s Fair Use Policy.
- Any charging in addition to the free daily 7 kWh usage is subject to payment of fees, and you must provide us with an eligible credit/debit card to use the JOLT services.
- As part of our onboarding process, or before charging, we may pre-authorise your credit/debit card.
- We limit our liability to you under clause 13 of these terms.
1. About the JOLT Services
1.1 These terms of use (the Terms) govern your use of the Electric Vehicle Charging Services (the Services), the JOLT Website and the JOLT App, which are operated by JOLT Charge (New Zealand) Limited (JOLT). Access to and use of the Services, the JOLT Website, the JOLT App, or any associated products or Services, are subject to these Terms.
1.2 JOLT reserves the right to review and change any of the Terms in its sole discretion. When JOLT updates the Terms, it will use reasonable endeavours to provide you with notice of the updated Terms. Where a variation to these Terms is to your detriment, including where we increase any fees, we will provide at least 30 days’ prior notice, unless it is not possible to do so. Unless otherwise notified, any changes to the Terms will take immediate effect from the date of their publication. If you do not want to be bound by any changes to these Terms you can cancel your JOLT account.
2. Acceptance of the Terms
2.1 By using the JOLT Services or the JOLT App, you agree to be bound by the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by JOLT.
3. JOLT Membership
3.1 JOLT may offer different membership options, including subscription and pay-per-use accounts. Different membership types will have different terms and conditions, costs and payment terms. You may find details about your membership type in the JOLT App.
3.2 Use of all JOLT membership types are subject to these Terms and JOLT’s Fair Use Policy.
3.3 If you choose to terminate a JOLT subscription membership you will be automatically moved onto JOLT’s pay-per-use membership tier unless you cancel your JOLT account.
3.4 JOLT’s pay-per-use membership tier allows users to access 7 kWh of free daily charge from the JOLT electric vehicle charging network. Any charging in addition to the free daily 7 kWh usage is subject to payment of fees.
4. Your obligations as a User
4.1 To use the JOLT services and the JOLT App, you must:
(a) be over 16 years of age;
(b) only use the Services in accordance with these Terms, JOLT’s Fair Use Policy and the law;
(c) not share your account or password with any other person, allow any other person to access your account for any reason, or create multiple JOLT accounts;
(d) not use the Services or the Application in connection with a commercial or business purpose, except those that are specifically endorsed or approved by JOLT;
(e) not use the Services or Application for any illegal or unauthorised use; and
(f) not attempt to scrape, decompile, data-mine, reverse engineer, disassemble, or otherwise deal with the JOLT Services, the JOLT Website or the JOLT App in any way other than as it is intended to be used.
5. Payments
5.1 You agree to pay any fees by credit card or debit card (payment method). To use the JOLT Services you must provide us with one or more current payment methods, and you authorise us to charge that payment method for any fees that are payable either on a subscription, or pay-per-use basis, or which otherwise arise under these Terms.
5.2 You agree that where a request for the payment of the fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with our recovering the payment.
5.3 You agree that we may pre-authorise any payment method you provide us either at signup or for the purposes of providing the EV Charging Services.
7. Payment for Idle Charging
7.1 If you are parked in one of our JOLT charging stations, you must be actively using the JOLT charger provided.
7.2 If you stay for more than 15 minutes after your charge is complete or in any event where you are parked in the charging station and not charging your car, JOLT reserves the right to charge you at a specified rate.
8. Cancellation
8.1 You may cancel your JOLT account at any time. If you have a JOLT subscription your cancellation will take effect immediately, and you will not be able to use the JOLT Services for your subscription tier from the date of cancellation.
8.2 To the extent permitted by law, payments are non-refundable, and JOLT will not provide a refund of any subscription fee or other charges paid in the event of a cancellation or termination of your JOLT account.
8.3 On cancellation of your JOLT account we may delete or de-identify any data we have about you.
9. Copyright and Intellectual Property
9.1 Copyright in the material in the JOLT App, the JOLT Website, the Services and all related products is owned by, or licensed to, JOLT. Except where necessary for viewing the material on the JOLT Website or in the JOLT App on your browser, or as permitted under the Copyright Act 1994 or other applicable laws or these Terms, no material on the JOLT Website or in the JOLT App may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without the specific written consent of JOLT. You must not use any trademark displayed on the JOLT Website in any way without our express written consent.
10. Privacy
10.1 JOLT takes your privacy seriously and any information provided through your use of the JOLT App and/or Services is subject to JOLT’s Privacy Policy, which is available at https://joltcharge.co.nz/privacy.
11. Guarantees
11.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including New Zealand consumer protection laws (or any liability under them) which by law may not be limited or excluded.
11.2 Subject to this clause 11, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
11.3 Use of the JOLT App and the Services is at your own risk. Everything on the JOLT App and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of JOLT’s affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services referred to in the JOLT App. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information in the JOLT App, the Services, or any related products (including third party material and advertisements in the JOLT App);
(c) costs incurred as a result of you using the JOLT App, the Services or any related products of JOLT; and
(d) the Services or operation in respect to links which are provided for your convenience.
12. Competitors
12.1 If you are in the business of providing similar Services to JOLT, whether for business users or domestic users, then you are a competitor of JOLT. Competitors are not permitted to use or access any information or content on the JOLT Website or the JOLT App. If you breach this provision JOLT will hold you fully responsible for any loss that we may sustain from such a breach.
13. Limitation of liability
13.1 Subject to any rights which by law cannot be excluded, JOLT is not liable to you, whether in contract, tort (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to:
(a) your use of the JOLT Website, JOLT App or the JOLT Services; or
(b) any material on the JOLT Website or in the JOLT App.
13.2 JOLT’s total liability to you, whether for a breach of a condition or warranty implied by law, or otherwise, and which cannot be excluded, is limited to the extent possible, at JOLT’s option, to the supply of the Services again or a refund of the fees and charges for the Services paid by you.
13.3 To the extent permitted by law, JOLT will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14. Termination
14.1 These Terms will continue to apply until terminated by either you or by JOLT in accordance with this clause 14.
14.2 If you want to terminate your JOLT account, you may do so by:
(a) closing your account via the JOLT App; or
(b) contacting our customer support team to request cancellation.
If you wish to close your account via our customer support team you should contact the team in writing via the ‘Contact’ page https://joltcharge.co.nz/contact on the JOLT Website.
14.3 JOLT may suspend or terminate your account if:
(a) you have not paid, or JOLT is not otherwise able to recover, any fees or payments owing on your account;
(b) you have breached any provision of the Terms, including breaching the JOLT Fair Use Policy, or broken the law;
(c) your conduct impacts JOLT’s name or reputation or violates the rights of another party; or
(d) JOLT is required to do so by law.
15. Complaints
15.1 If you have a complaint with JOLT please contact our customer support team. We will acknowledge receipt of any complaints as soon as reasonably practicable, and will aim to resolve all complaints within 21 days.
15.2 We will inform you of the outcome of your dispute whenever practicable.
16. Governing Law
16.1 These Terms are governed by the laws of New Zealand. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New Zealand.
17. Severance
17.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the remainder shall remain in force.
18. Carbon Abatement
18.1 Any emissions reductions, carbon credits and other carbon abatement rights or activities whatsoever which are generated by the use of the Services and our charging infrastructure, are hereby assigned to and vested in JOLT (or persons nominated by JOLT).
18.2 You agree that JOLT (or persons nominated by JOLT) will be the sole owner of such emissions reductions, carbon credits and related rights, and the project proponent under any relevant carbon credit scheme, and that JOLT may utilise them as it sees fit, including in connection with any carbon credit scheme or by assignment or sale to any third party. You agree to take any action reasonably necessary to effect the assignment or to provide for the creation and vesting of carbon credits, emission reductions or related rights to us (or persons nominated by us) and not to take any action that would create a third-party interest, ownership, encumbrance or other restriction in respect of such carbon credits, emission reductions or related rights.
18.3 For the purposes of this clause 18:
(a) ‘carbon credit’ means any right, interest, unit, credit entitlement, benefit or allowance to emit (at present or in the future) greenhouse gas or carbon emissions under any carbon credit scheme; and
(b) ‘carbon credit scheme’ means any voluntary, regulatory or legal regime, scheme or arrangement arising from or in connection with any removal, limitation, reduction, avoidance, abatement, offset, sequestration or mitigation or conservation of carbon dioxide or GHG emissions or equivalence from the atmosphere, including the creation, transfer, renewal, replacement or variation of any associated carbon credits.
