Kiwi EV general terms and conditions for charging service
in effect from 2024-01-01
1 § Charging service
Kiwi EV (via Laser Imports Limited, reg. no. 9429034997437, 79 Petrie Street, Christchurch, New Zealand. Contact: [email protected]) will provide via ChargePanel (ChargePanel AB, org.no. 556963-3182, Skeppsbron 34, 11130 Stockholm, Sweden. Contact: [email protected]) a charging service for the public (hereinafter the Customer) at charging stations connected by third parties to Kiwi EV to manage and control the charging of electric current in public as well as private networks of charging stations. These general terms and conditions (hereinafter the Terms and Conditions) apply to the charging service and the Customer's use of Kiwi EV and apply to charging stations in networks connected to Kiwi EV.
Stations included in the Kiwi EV network are shown in the Kiwi EV mobile application (hereinafter the App).
2 § Use of the Kiwi EV mobile application
Kiwi EV offers a mobile application that makes it possible to find stations and to pay for charging at Kiwi EV charging stations.
Kiwi EV reserves the right to shut down the Kiwi EV mobile application at any time, without compensation to the customer. The customer is not entitled to damages as a result of the Kiwi EV mobile application being out of order.
3 § Use of Kiwi EV charging stations
The customer is responsible for ensuring that the correct equipment is connected between the car and the charging socket. Each charging station owner in the Kiwi EV network is responsible for ensuring that the charging stations comply with applicable standards, laws and regulations. The charging capacity depends on several factors, such as the technical conditions of the electric vehicle, the charging level of the car battery and the capacity of the charging station, of which the component with the lowest capacity will determine the power that the electric vehicle can absorb.
Therefore, Kiwi EV cannot guarantee that charging an electric car will be completed within any maximum time limit or with a certain minimum power.
4 § Availability
The charging service is available to the Customer 24 hours a day, but in practice the possibility of charging may be limited, for example, by the fact that certain charging stations are not accessible at certain times due to specific restrictions.
The availability of Kiwi EV charging stations is communicated through the App.
Kiwi EV aims to ensure that charging stations in the Kiwi EV network are operational to the greatest possible extent. In the event that the charging station should suffer a technical fault, Kiwi EV will attempt to rectify the fault as quickly as possible.
Kiwi EV reserves the right, without compensation to the Customer, to modify, restrict access to, or suspend the Charging Service or charging station for e.g. updates, maintenance and error correction or as a result of force majeure situations beyond the control of Kiwi EV .
5 § Payment
Use of the Charging Service in the form of charging history is saved for the Customer in the App.
The Customer is liable to pay Kiwi EV for all use of the Charging Service undertaken.
Payment for charging can be by credit card or other payment method and takes place after completion of charging. Kiwi EV reserves the right to place a hold on up to $20 on the credit card while charging the vehicle, the difference if not used will be refunded. All prices displayed in the App are inclusive of GST.
Objections to charging must be submitted by the user within a maximum of 14 days following completion of charging. Eligible refunds will be made to the same payment method used for payment unless we expressly agree otherwise. Contact [email protected]
In any event, Kiwi EV has the right to suspend the Customer in the event of non-compliance with the terms and conditions of payment.
6 § Personal data
We collect personal information from you, including information about your:
- Name
- Contact information
- Location
- Billing or purchase information
We collect your personal information in order to provide a charging service with payment.
Besides our staff, we share this information with our partners who provide us with services for processing payment. Your data will not be sold or shared with any other 3rd parties.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at [email protected], or 0224564874
Right to erasure of personal data
You may have the right to have your personal data erased (also known as the "right to be forgotten") if, for example, you believe that the data we are processing is inaccurate, if the data is no longer needed for the purposes for which it was collected or if the processing itself is unlawful. You can also remove your account yourself in the app under your profile on > settings > remove account.
There are various situations where we have the right not to delete your personal data. Such situations may be (i) that we need the data to comply with a legal obligation, (ii) that we need the data to exercise or respond to legal claims, (iii) that we need the data with reference to certain filing obligations under law, or (iv) that the data is necessary for the performance of contractual obligations we have towards you.
7 § Responsibility for errors etc.
Kiwi EV shall not be liable for any damage arising from a lack of compatibility between the Customer's vehicle and the charging station, or from the Customer's use of the Charging Service or the charging station contrary to the instructions and technical requirements in force at the time, as set out in this Agreement or as otherwise made available to the Customer by Kiwi EV .
Kiwi EV shall not be liable for indirect or consequential damages relating to damage to the Customer's property resulting from the Customer's use of the Charging Service or the charging station.
The Customer is responsible for complying with all guidelines and requirements in accordance with the instructions given by {{termsServiceName}} from time to time. This includes responsibility for ensuring that the electric vehicle used by the Customer in connection with the Charging Service complies with all charging requirements.
Kiwi EV reserves the right to block the Customer with immediate effect in the event of misuse of the service, if there is a suspicion of unauthorised use or a risk that the Customer will not fulfil his/her obligations towards Kiwi EV .
8 § Transfer of agreement
The Customer agrees that Kiwi EV may assign all or part of its rights and obligations under this agreement on unchanged terms to another company within the same group or to another party that can reasonably be expected to perform the obligations under the agreement in a satisfactory manner.
The customer is not entitled to transfer or assign its rights or obligations under the agreement to another party, in whole or in part.