TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THE HIKOTRON CHARGEPOINTS AND SERVICES
Last updated: August 2022
THESE TERMS ARE INTENDED TO APPLY TO ALL USERS OF THE HIKOTRON CHARE POINTS AND SERVICE.
The “Hikotron Service” (the Service) is a solution by which users are permitted to use an electric vehicle charge point (and associated parking location) to charge an electric vehicle.
Hikotron has developed a solution consisting of a Charge Point, a Mobile App and a user supplied Charge Cable (the Service) by which registered users can charge their electric vehicles.
The Service is operated by Hikotron Limited, a private limited company, registered in New Zealand [Company Number: 7875369 NZBN: 9429047910133 GST Number: 133-482-814-GST002] 4 Graham Street, Hamilton East, Hamilton 3216.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND ENSURE YOU UNDERSTAND THEM.
WHERE A CHARGE POINT IS LOCATED IN A CAR PARK OR OTHER RESTRICTED AREA, YOU MAY ALSO HAVE TO PAY PARKING FEES TO THE CAR PARK OPERATOR TO PARK YOUR CAR.
IT IS VERY IMPORTANT THAT YOU PAY ATTENTION TO ANY SIGNAGE AND/OR PARKING RULES AND RESTRICTIONS THAT ARE IDENTIFIED FOR PARTICULAR CHARGE POINTS, AND THAT YOU COMPLY WITH THESE RULES AND RESTRICTIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE AUTHORISED TO USE THE HIKOTRON SERVICE.
IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE CUSTOMERS SUPPORT.
In these Terms, the following words will have the following meanings:
‘Approved Vehicle Category’ means those models of electric and hybrid vehicles that can be charged using Hikotron Charge Points;
‘Hikotron Charge Point’ means an apparatus that is capable of delivering 7 Kilowatts as standard or more of power to a vehicle in an Approved Vehicle Category; depending on the location where the Charge Point is installed, the maximum capability might vary between 3-22 Kilowatts; We may at any time; pause; or vary the speed of; charging during a charge session due to grid limitations or load sharing requirements or any other reason we see fit;
‘Session Fee’ means a fee calculated based on the kWh delivered (no less than the indicated Minimum Fee) to the vehicle from the point at which You start the charging session, to the point at which You end the charging session; Session Fee is inclusive of GST; the ‘Session Fee’ is calculated based on the amount of power delivered from the Charge Point. There may be downstream losses due to, but not limited to, cable resistance, temperature and efficiency of onboard charging system on the vehicle;
‘Third Party Fee’ means any third party fees incurred while using a Hikotron Charge Point, inclusive of GST;
‘Hikotron Mobile App’ means the mobile application operated by Hikotron for use on a mobile phone or device, conforming to the requirements of such application, and allowing a user of Hikotron to perform some of the following functions: top up your balance, start/end and monitor your charging session and connect to a Charge Point;
‘Hikotron Website’ means www.hikotron.com;
‘Terms’ means these terms and conditions;
‘Vehicle’ means the plug-in vehicle, in an Approved Vehicle Category;
‘We , Us or Our’ refers to Hikotron Limited, a private limited company incorporated and registered in New Zealand with company registration number 7875369 whose registered office is at 4 Graham Street, Hamilton East, Hamilton 3216;
‘You or Your’ refers to you, being an individual not acting for the purposes of your trade, business or profession.
‘Idle Fees’ means the fee charged at the defined rate, when the vehicle is plugged in and drawing less than 6 amps, for a pre-determined period of time;
‘Minimum Fee’ means the minimum defined fee chargeable per completed charging session;
‘Additional fee’ means any fee other than the ‘Session fee’ charged by Hikotron; this can include but is not limited to a fee charged on a time basis or fees charged for misusing a Hikotron Charge Point;
2. Access to Charge Points
2.1 Although We will use Our reasonable endeavours to make a Charge Point available, We cannot guarantee the availability of any Charge Point or that any Charge Point will be fully operational as these factors are outside of Our control and can depend on the actions of third parties, including the owners of locations where we are permitted to place our Charge Points. If You do experience any problems accessing or using any Charge Points, please contact the Customers Support Centre.
2.2 Vehicles that are in the Approved Vehicle Category will be able to use Hikotron Charge Points, but if You have any queries or concerns about whether or not Your vehicle can be charged at Hikotron Charge Points, please contact the Hikotron Customer Support Centre.
2.3 Please refer to the Hikotron Website or the Hikotron Mobile App regularly for an up to date map showing the location of the Charge Points. Please note the location may change from time to time.
2.4 Reservation of a Charge Point is currently not possible. However we may in future change this and we will notify You through the Hikotron Website and / or the Hikotron Mobile App.
3. Charging your Vehicle
3.1 IT IS PARTICULARLY IMPORTANT THAT YOU ADHERE TO THE RULES FOR PROPER USAGE AND OCCUPATION OF THE PARKING SPACE WHERE A CHARGE POINT IS TO BE OPTIMISE FOR THE USAGE OF THESE PLACES FOR THE BENEFIT OF ELECTRIC VEHICLE USERS.
3.2 You may charge Your Vehicle at a Charge Point whilst correctly parked within the boundaries of a parking space. If You incorrectly park Your vehicle or park in a way which impedes other Hikotron Charge Points, You will be liable to pay whatever parking enforcement charges might be levied by the relevant parking enforcement authority or site operator, as well as the Additional Fee payable to Us. You must also ensure that Your Vehicle is at all times parked in accordance with any rules and policies that apply to such parking space. Please note that such rules and policies may differ from one parking space to another and We will not be responsible for charges or fines You incur as a result of Your failure to observe parking restrictions.
3.3 You must not park in front of Hikotron Charge Point if You are not using a Charge Point to charge Your Vehicle.
3.4 Please be aware that some parking spaces may require the payment of access and/or parking charges to third parties, in addition to amounts payable to Us (where the Hikotron Charge Points are located in facilities operated by third parties). Some parking spaces may be subject to time limits on usage (and where this is the case, there will be signage indicating such time limit restrictions). You must comply with the parking rules applicable to the parking space. You are responsible for the payment of any applicable parking charges whilst parked in front of Hikotron Charge Point.
3.5 Where Hikotron Charge Points are located within facilities operated by third parties which require the payment of access and / or parking charges, in limited circumstances You may be able to access these facilities, solely for the purpose of using a Charge Point, for free by identifying yourself as a current Hikotron user. Where this is possible, it will be clearly indicated at the entrance to the relevant facility and/or in the Hikotron Mobile App. Where such free access is provided, You must only park in the space in front of a Hikotron Charge Point while using it. If You park in another space, You are responsible for the payment of any applicable parking charges.
3.6 In addition to any Additional Fees which You might become liable to pay Us if You breach these Terms and for any parking charges that might be payable to third parties for occupying certain parking spaces, if You park in a way which is in breach of any signage relating to the relevant parking space, and/or any applicable laws, by-laws, regulations, parking rules or policies in force in any particular location (such as time limits for usage of a parking space or restrictions on returning to park within a parking space during any prescribed time period), You may be subject to any sanctions and liable to pay any fines or penalties imposed by the relevant parking enforcement authority. You also risk Your Vehicle being immobilised/clamped, or removed. A charge may be payable to release Your Vehicle.
3.7 You must follow all instructions provided to users in relation to the use of a Charge Point. Please note that these may differ from one Charge Point to another and that there may be additional requirements and/or restrictions regarding the use of a Charge Point. You must ensure that You comply with all such additional requirements and/or restrictions. When using a Charge Point, whether reserved or not, You must scan the Barcode on the Charge Point or enter the socket name into the Hikotron Mobile App to gain access to the charging facility.
3.8 You specifically agree that You will not use any Charge Point for longer than the time limit indicated for the parking space.
3.9 It is Your responsibility to ensure that the charging of Your Vehicle using a Charge Point is carried out safely so as to avoid injury to any person or damage to property. In particular, this includes but is not limited to ensuring that You take all reasonable care when charging Your Vehicle and that:
3.9.1 You have all necessary connector cables to enable Your Vehicle to be charged at a Charge Point; and;
22.214.171.124 Such cables must comply with requirements of IEC 61196 and/or UL 2251; and
126.96.36.199 Such cables are not damaged or modified in any considerable ways; and
188.8.131.52 Such cables should be checked annually by a registered electrician to ensure electrical safety;
184.108.40.206 Furthermore, adapters and/or cables used in series are not permitted for use with Hikotron Charge Point;
3.9.2 The connector cable is safely plugged into Your Vehicle and the positioning of the connector cable does not create a tripping or any other hazard to any person or property; such hazards could include but are not limited to heat due to excessive coiling;
3.9.3 The Vehicle is not driven with the connector cable still attached to the Charge Point;
3.9.4 The connector cable is not unplugged from the Vehicle before the plug is removed from the Charge Point if your vehicle is not capable of ending the charge at the charge port safely; such capabilities should be checked with the vehicle manufacturer; and
3.9.5 Once You have finished charging Your Vehicle, the connector cable is disconnected in accordance with the instructions and the Charge Point housing closed. If this is completed correctly and You have clicked on the End Charge button in the Mobile App, this will end the charging session.
IMPORTANT NOTICES If You do not follow the above procedure for correctly disconnecting Your Vehicle from the Charge Point: i) the charging session may not end, and You will continue to be charged Session Fees, even if electricity is not actually being delivered to Your Vehicle; and ii) the Charge Point may not be registered on Our system as available, meaning that it will not become available for use by other users. One of Our operatives will therefore need to attend the Charge Point in person to reset the Charge Point.
3.10 You can access the Hikotron Mobile App, which will provide You with information on the Charge Points that You are entitled to use, including their location. We will update this information on a regular basis. Please always check for up-to-date information as Charge Points may be moved or withdrawn or new Charge Points added from time to time. Your Hikotron registration does not entitle You to use any Charge Point except those designated as available as part of Hikotron on the Hikotron Mobile App.
3.11 If You have purchased a Hikotron EV Charging Cable, You have access to Our PlugPay™ technology. The EV Charging Cable can be linked with Your Hikotron Account and subsequently when properly connected to a Hikotron Charge Point and to Your Vehicle, the charge session will start automatically, without requiring You to manually start the session from the Hikotron Mobile App. You can then check the progress of the charge session and costs from the Hikotron Mobile App.
4. Payment of Fees
4.1 When You use a Charge Point, You must pay Session Fees. Session Fees are calculated based on the kWh delivered (no less than the indicated Minimum Fee) from: (a) the point at which You tap on the Start Charge button in the Hikotron Mobile App (after having connected to an available socket on the Charge Point) or when using PlugPay™ from the point when you connect your vehicle to the Charge Point socket; to (b) the point at which You end the charging session by tapping on the button End Charge in the Hikotron Mobile App.
4.1.1 If You are leaving your car connected for more than the pre-determined period without charging, You will incur Idle Fees as shown in the Hikotron Mobile App.
4.2 You can Start a Charge only if Your Balance is higher than the Minimum Fee for the Charge Point, displayed in the Info page for the selected Charge Point.
4.3 You can add multiple Payment Methods to your Hikotron account through the Hikotron Mobile App.
4.4 You may access Your Balance, Payment Methods and the Top Up button from the Account Detail section in the Hikotron Mobile App.
4.5.1 We will debit Your Balance: (a) in respect of Session Fees inclusive of GST, after You have finished using a Charge Point; or (b) in respect of other amounts that may be due to Us from You, such as Additional Fees inclusive of GST.
4.5.2 Under no circumstances will We be responsible for any overdraft or other fees charged by Your credit or debit card company or bank.
4.6 Updating payment methods
4.6.1 You must ensure that We have Your up to date payment details. If Your selected payment method details change for any reason, You must update those in the Hikotron Mobile App. Where Your credit or debit card is due to expire, You must update the details of Your new card before the expiry date of Your old card.
4.6.2 You must ensure that there are sufficient funds in Your Balance in your Hikotron account for payment of each charging session on one of our Charge Points.
5.1 Any decision to refund account balance is at the sole discretion of Hikotron and will be subject to an administration and manual processing fee of $5 NZD.
5.2 Any balance of credit obtained through promotion, voucher, or any means other than a user top-up payment will not be eligible for a refund and will be deducted from any amount due to be refunded.
6. Promotional Codes
6.1 Hikotron may offer promotional codes on a per promotion basis. Promotional code credit can be applied towards payment of charging sessions on a Hikotron charger and are subject to any additional terms that are established on a per promotional code basis. Expiration dates of promotional codes will be 30 days from the date of issue.
6.2 If your charging session cost exceeds the redeemable credit allocated to your account, the balance will be automatically deducted from your accounts payment method.
6.3 Hikotron reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Hikotron deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
7. Hikotron Mobile App and Your Hikotron Account
7.1 You are eligible to use the Hikotron solution if:
7.1.1 You have downloaded and installed the Hikotron Mobile App on your mobile device;
7.1.2 You have a Hikotron Account created through the Hikotron Mobile App.
7.2 When creating and using Your Hikotron Account, You:
7.2.1 Agree to only use Your real name, accurate personal and card information for setting up the Account, and keep such information up to date at all times;
7.2.2 Are liable for the access, control and security of Your Account, and responsible for: (a) the user name and password for Your Account; and (b) all actions carried out under Your Account, including, but not limited to, starting and ending a charge session. We may assume that anyone using Your user name and password is authorized by You to do so;
7.2.3 Agree to notify Us immediately if You become aware of any unauthorized access to or use of Your Account, or other situation that may cause loss of control of Your Account including but not limited to, the loss of your Hikotron charging cable that is PlugPay™ enabled;
8. Your Responsibility for Losses
You will be responsible for any damage caused to a Charge Point, any other property or for any injury to any person which is caused by Your breach of these Terms or by Your misuse or negligence or failure to comply with any user instructions or guidance in relation to a Charge Point. You must notify Us immediately of any damage caused to a Hikotron Charge Point.
9. Limitation of Our Liability
9.1 No Guarantee of Availability of Hikotron Charge Points
While We will use Our reasonable endeavours to make Hikotron available for use by its users in accordance with Our duties to perform these terms using reasonable care and skill, We cannot guarantee the 24/7 availability of Hikotron Charge Points. Because Hikotron is a self-service operation, We shall not be responsible to You if a Charge Point is unavailable at any particular location such as in the event of an occurrence outside of Our control (such as the parking or standing by an unauthorised person in the parking space in front of a Charge point). However, if this does occur, please contact the Customer Support who will try to direct You to an available Hikotron Charge Point.
9.2 We are not liable for business losses
9.2.1 We only provide Hikotron under these Terms for domestic and private use. If You use the service for any commercial, trade; business, profession We will have no liability to You for any loss of profit, loss of business, business interruption, depletion of goodwill, loss of business opportunity or for any indirect or consequential losses.
9.3 Exclusion of Certain Types of Loss
9.3.1 We will not be liable to You, for: (a) any loss of, or damage to, Your personal property whether during or after the use of a Charge Point; (b) the unavailability of a Hikotron Charge Point because it has already been occupied by another user of Hikotron or a third party; (c) any damage caused to Your Vehicle as a result of Your failure to comply with Our instructions to evaluate or Your negligence in evaluating correctly whether Your vehicle is capable of being charged by a Hikotron Charge Point; and (d) any damage caused to Your Vehicle by other Hikotron users or public.
9.4 Safety Instructions / Events Outside of Our Control / Maintenance & Upgrade Works
9.4.1 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these terms that is caused by: (a) Your failure to comply with reasonable instructions regarding the safe use of Charge Points, including instructions given in signage, in these Terms and on the Hikotron Mobile App and/ or Hikotron Website; (b) Your failure to inform Us of any material issues or defects of which You are aware; or (c) Your breach of these Terms; in the case of each of (a), (b), (c); or (d) an event outside of our control. These types of events could include (amongst others) strikes or other industrial action by third parties, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, or other natural disaster, failure of or interruption to public or private telecommunications networks, the impact of computer viruses, failure or disruption to GPS satellites or signal failures, traffic congestion or accidents, or delays caused by road or street works; or (e) planned maintenance works or works relating to the reinforcement, upgrade or extension of Hikotron or its Charge Points. Where possible, We will give You as much notice of these works as reasonably possible by posting details of such works on the Hikotron Website.
9.5 Losses that We do not exclude or limit
Nothing in these terms shall limit or exclude Our liability to You forany liability which cannot be limited or excluded under the laws of New Zealand.
10. Termination or Cancellation
10.1 Hikotron is reliant upon the participation of site owners. If Hikotron becomes no longer viable for whatever reason (including financial), We may by written notice to You, terminate Hikotron services. In such circumstances, You will be entitled to a refund of a proportion of Your Balance.
10.2 Our right to terminate
10.2.1 If You are found to be misusing a Charge Point or if You do not comply with these Terms, We will be entitled to terminate Your account with Hikotron and deactivate your access to the Hikotron Mobile App immediately and such suspension will remain in place until we are satisfied that the issue is resolved; We reserve the right to charge Additional Fees if it is determined that You are intentionally misusing the Charge Point and such misuse causes Hikotron to incur costs or loss of revenue including but not limited to limiting the charging rate of your vehicle when connected to a Hikotron Charge Point.
10.3 Your right to terminate
10.3.1 You will be entitled at any time to terminate Your account of Hikotron upon contacting the Hikotron Customer Service if: (a) We are in material breach of these Terms or We are unable to provide the Hikotron service to You due to an event beyond Our control; (b) You sell Your vehicle; or (c) You move home and are no longer living within the zone covered by Hikotron services. If any of the above circumstances in this paragraph 10.3.1 apply, You will be entitled to a refund of a proportion of Your Balance according to section 5.
10.4 Consequences of termination or cancellation
Upon termination or cancellation of Hikotron or Your account: (a) You will no longer be entitled to use any Charge Points; (b) We will deactivate Your account.
11. Contacting Us, Complaints
11.1 Contact between You and Us
11.1.1 Us contacting You.
In most circumstances, if We need to contact You for any reason, We will do so sending an email to Your email address. Any notices or communication required or permitted to be given to You shall be in writing and shall be sufficiently given if delivered to You in this way.
11.1.2 You contacting Us.
If You need to contact Us for any reason, in the first instance You should contact the Customer Support using the details available from the Hikotron Website and the Hikotron Mobile App.