Updated 9th August 2019
Evnex builds products and services to support the charging of electric vehicles. We're working hard to create a world where electric vehicles can be charged cost effectively, with the least impact on our environment. We provide a range of services as part of this mission, and the terms below govern your use of these.
Evnex Limited (we, us or our) provides electric vehicle charging solutions.
These Terms and Conditions govern your use of our services (Services) offered through our website at evnex.com (Website) and through our mobile app (App).
By downloading and using our App or otherwise using our Services you agree that you are bound by these Terms and Conditions.
References to you or your are references to the person or entity downloading and using our App or otherwise using our Services. If you are using our App or Services on behalf of another person, you represent and warrant that you are authorised to do so.
To register for our Services, download our App or to open an account with us, you must provide us certain information, including your name, email address and physical address.
You agree that all information you provide us about you at any time will be accurate, up to date and complete.
You are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer or mobile device or your account or password.
You agree to accept responsibility for all activities that occur under your account or password. You must tell us immediately if you believe some person has accessed your account without your authority and you must log in to your account and change your password.
Our Services and our App may be used in conjunction with our electric vehicle charging station.
We reserve the right to change, add to or remove our Services or our App from time to time and we will publish information about any changes, additions or removal on our Website.
The cost to download and use our App or otherwise use our Services will be published on our Website or otherwise notified to you.
If you purchase our electric vehicle charging station we will provide our App to you free of charge for the first two years for our base service. At the end of that period, or if you subscribe for a premium service, we may introduce certain charges for our App and our Services and we will notify you of those in advance. You will be able to stop using our App and our Services before the charges are introduced.
We reserve the right to amend our pricing and introduce charges for our App and our Services at any time. We will notify you in advance of any pricing changes or new charges and will give you the opportunity to stop using our App and our Services before the changes or new charges are introduced.
All intellectual property rights in and to our Website, our Services and our App are owned by us or our licensors.
Evnex and other trade marks featuring on our website are owned by us and must not be used by you for any purpose.
You agree that we may use, process, aggregate, store and disclose the data generated through your use of your electric vehicle charging station, our Services and our App, including by providing that data to third parties.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.
In no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for:
arising directly or indirectly out of your use of the Website, our Services or our App, even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
Our maximum liability to you arising out of any and all claims relating to your use of the Website, our Services or our App (whether in contract, tort (including negligence) or otherwise) will not in any circumstances exceed NZ$100.
You indemnify us from and against any and all liability, losses, damages, costs and expenses awarded against, incurred or suffered by us, arising out of the non-performance or breach by you of any of your obligations under these Terms and Conditions or your use of the Website, our Services or our App.
None of the exclusions or limitations set out in these Terms and Conditions will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.
We may amend these Terms and Conditions from time to time without notifying you. The current and binding Terms and Conditions will be the version displayed on the Website at the relevant time.
You may terminate these Terms and Conditions and any agreement created by them by notifying us and discontinuing your use of our Services and App at any time.
We may terminate or suspend these Terms and Conditions and any agreement created by them at any time if you breach any provision in these Terms and Conditions, or if you do or omit to anything that we consider damages or adversely affects, or is likely to damage or adversely affect, us, our Website, our Services or our App.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
We will not be liable to you for any breach of, or failure to perform, any of its obligations under these Terms and Conditions where our breach or failure is caused by anything beyond our reasonable control, including (without limitation) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation or direction.
These Terms and Conditions, and any disputes arising from or relating to the conduct covered by the Terms and Conditions, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.