Terms of Use
These general terms and conditions of use apply to all users and data contributors of EVRoam; a database of Public Charging Infrastructure for electric vehicles which is owned and operated by the Energy Efficiency and Conservation Authority (EECA). By viewing, providing data to or using EVRoam you accept the following terms and conditions of use and the privacy policy and are bound by them. If you do not accept these terms and conditions, you should not use EVRoam
- Contributing data to EVRoam: If you contribute data to EVRoam:
a. you agree that any such data may be used, copied, distributed or disclosed by us to any person in accordance with
these terms of use;
b. you warrant that you own any intellectual property rights in such data; and
c. you shall use reasonable endeavours to ensure that the data you provide is accurate, up to date and complete.
- Copyright: Ownership of all intellectual property rights in the EVRoam software remains the property of EECA or its licensors. Ownership of all intellectual property rights in the data remains the property of the relevant contributor or its licensors.
- Access: EECA grants you a license to use EVRoam and integrate the API within your internal systems in order to enable access to, and use of, the API for the delivery of the data. Without limiting any other rights and remedies available to EECA, EECA may, at its sole discretion and without notice, limit your activities on EVRoam, issue a warning to you, suspend or terminate your ability to access EVRoam in whole or in part if you breach these terms and conditions, EECA no longer has the right to provide access to data or if EECA considers it appropriate for any reason whatsoever. EECA may co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting content in breach of these Terms of Use.
- Registration: To access EVRoam, you must become a registered user by completing the registration process and providing
EECA with current, complete and accurate information as prompted by the registration form. EECA reserves the right to
reject any application for registration. Your personal information will be treated in accordance with our Privacy Policy set out below.
- User name and password: If you are a registered user on EVRoam, you may only log-in using your user name and password. You are responsible for keeping your user name and password secure and for notifying EECA at eecaenquiries@eeca.govt.nz immediately upon becoming aware of disclosure of your user name and password to a third party. You are responsible for all use of EVRoam made using your user name and password. You won’t solicit log in information or access an account belonging to someone else.
- Collection: EECA may gather (a) commercial information which you have entered into EVRoam, and/or provided by you at the time of voluntary registration for the services EECA offers; and (b) aggregate information generated by EECA’s systems, which track traffic to EVRoam but do not relate to you personally or commercially.
- Use of data: EECA grants you a worldwide, transferable, licence to, copy, modify, process, compile, incorporate, display, distribute and/or use, any or all portions of the data for any purpose in combination with any products or services developed by or for you, including for commercial use, provided that you shall not be permitted to commercialise the data except to the extent that it is adapted into a distinct product or service offered by you.
- No warranties: To the extent permitted by law, EECA excludes all warranties of any kind, whether express or implied including, without limit:
a. any warranty as to suitability, fitness for purpose;
b. that any API and/or your use of any API will be faultless, immediate, continuous or virus-free;
c. any warranty that the data will be complete, accurate or up-to-date;
d. any warranty or guarantee provided by the provisions of the Sale of Goods Act 1908, Contractual Remedies Act 1979, Consumer Guarantees Act 1993, or the Contract and Commercial Law Act 2017, and to the extent that the provisions of the Fair Trading Act 1986 and other statutes, rules or regulations for the time being in force in New Zealand may imply certain conditions or warranties or impose obligations on EECA which cannot, or cannot except to a limited extent, be excluded, restricted or modified by these terms of use, such excluded restrictions and modifications shall apply to the extent that they cannot be excluded.
- Use of EVRoam: You agree not to act in any way, or use, or attempt to damage or interfere with EVRoam or any API including, without limit, introducing any virus, item or device which may damage, interfere with, impair or otherwise adversely affect EVRoam. You will not use EVRoam other than for proper purposes in accordance with these terms of use and you will comply with all applicable laws.
- Disclaimer: EVRoam makes certain information and material available to you as a service, either through EECA, its suppliers or otherwise. You acknowledge that EECA does not offer any opinion with respect to the nature, potential value or suitability of any particular transaction or strategy. Use of EVRoam or information contained on EVRoam is at your own risk and EECA is not responsible for any adverse consequences arising out of such use. EECA reserves the right to change the information on EVRoam at any time.
- Limitation of liability and indemnity: To the maximum extent permitted by law no party shall be liable, whether in contract, tort (including negligence) or otherwise, for any losses (including any direct, indirect, consequential, special, exemplary or incidental damages, or for any lost profits, savings, revenue or data) arising out of or in connection with these terms of use or the use of any data. Nothing in this clause limits the liability under this clause in relation to third-party claims.
You agree to indemnify and keep EECA indemnified against all costs, expenses and damages incurred in connection with any claim brought by a third party against EECA arising from a breach by you of any of these terms of use or the Privacy Policy.
- Amendments: EECA reserves the right to change these terms of use and the Privacy Policy (Amendments) at any time by notifying users of the existence of the amendments through EVRoam. By continuing to access EVRoam, you agree to be bound by the amendments.
- Law: These terms of use are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
- Professional advice: EECA strongly recommends that you confirm any information appearing on EVRoam relating to a particular transaction. EECA also recommends that potential contracting parties discuss their particular requirements and consult their professional advisors before proceeding with transactions.
- Privacy statement: Our treatment of personal information is set out in our Privacy Policy at https://evroam.co.nz/privacy-policy. By agreeing to these terms of use or using EVRoam, you will be deemed to have read and agreed to the terms of the Privacy Policy.
- Contact: If you have any questions, concerns or complaints in relation to EVRoam or these terms of use please contact EECA by sending an email to eecaenquiries@eeca.govt.nz. In addition, requests and enquiries concerning the reproduction of information on this site for any purpose should be made to eecaenquiries@eeca.govt.nz.
