Legal
Site Partner Terms
Terms for hosts, site partners, property operators, and managed charging locations.
Site Partner Terms
These Site Partner Terms apply to property owners, accommodation providers, hosts, businesses, parking providers, managers and other site operators who allow Destination Charge electric vehicle charging outlets or related equipment to be installed, made available or promoted at their site.
These terms are intended to define the website-level terms for participating Sites. A separate written agreement, proposal, order form, email approval or site schedule may also apply. If there is any inconsistency, the more specific written agreement or site schedule will prevail to the extent of the inconsistency.
In these terms:
- Destination Charge, we, us or our means Destination Charge Limited, a New Zealand business operating Destination Charge in New Zealand.
- you or your means the Site Partner.
- Site means the property, accommodation premises, car park, business location, parking area or other location where Destination Charge equipment is installed, proposed to be installed or made available.
- Outlet means a Destination Charge enabled outlet, socket, controller, QR code, sign, metering device or related equipment.
- Destination Charge Hardware Package means the Destination Charge supplied outlet, sign, QR code, Type B RCD package, controller, metering device, label, enclosure, communication device and any other Destination Charge supplied hardware, safety component, branded material or related equipment installed or provided for the Site.
- Driver means a person who uses or attempts to use a Destination Charge service at the Site.
- Session means a charging session started, authorised, monitored, billed or recorded through Destination Charge.
Nothing in these terms limits, excludes or modifies any rights or remedies that cannot legally be limited, excluded or modified under New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
1. Purpose of Destination Charge
Destination Charge provides a low speed destination charging service designed for vehicles that are parked for longer periods, such as overnight or during a guest stay.
The service is intended to let a Site offer EV charging without requiring the Site's staff to operate a separate charging system, handle Driver payments or manually manage charging sessions, unless otherwise agreed.
2. Scope of these terms
These terms cover the relationship between Destination Charge and the Site Partner in relation to:
- assessment of a Site;
- installation or proposed installation of Destination Charge equipment;
- access to parking spaces and outlets;
- Driver use of charging services;
- power reimbursement;
- maintenance and support;
- Site Partner obligations;
- ownership and use of equipment;
- branding and promotion; and
- liability and termination.
3. New Zealand only
Destination Charge currently operates in New Zealand. These terms are governed by New Zealand law.
4. Site authority
You confirm that you have authority to:
- approve the installation or operation of Destination Charge equipment at the Site;
- grant reasonable access to the relevant parking spaces, electrical areas and equipment locations;
- approve the placement of signs, QR codes and related materials;
- allow Drivers to use the charging service at the Site, subject to Site rules; and
- enter into and perform these terms.
If you are a manager, tenant, agent, body corporate representative or other person acting on behalf of the Site owner, you must ensure you have all necessary approvals before authorising any work or service.
5. Site assessment
We may assess the Site to determine whether it appears suitable for Destination Charge services.
A Site assessment may consider:
- parking layout;
- likely outlet locations;
- existing electrical infrastructure;
- access to power;
- safety and cable placement;
- Wi-Fi or network availability;
- likely charging demand;
- installation practicality;
- signage placement;
- guest or customer access; and
- other operational matters.
A Site assessment is not a full electrical inspection, building assessment, engineering assessment or legal compliance review unless we expressly agree otherwise in writing.
6. Installation
Unless otherwise agreed in writing:
- all fixed electrical installation work must be carried out by an appropriately licensed or authorised electrical worker;
- the Site Partner is responsible for approving the location of equipment and any required access;
- installation must comply with applicable New Zealand electrical safety requirements;
- the Site Partner is responsible for ensuring any landlord, body corporate, insurer, planning, lease, mortgagee or other approvals required for the Site are obtained;
- the Site Partner is responsible for ensuring the Site is structurally, legally and operationally suitable for the installation; and
- installation dates are subject to contractor availability, Site access, weather, electrical suitability and equipment availability.
Where Destination Charge arranges or contributes equipment, signage or installation support, this does not make Destination Charge responsible for pre-existing Site electrical infrastructure, Site defects, hidden conditions, building compliance, consents, landlord approvals, insurer approvals or matters outside our control.
7. Equipment ownership
Unless otherwise agreed in writing, Destination Charge owns or controls the Destination Charge Hardware Package and all Destination Charge supplied outlets, controllers, QR codes, signs, metering devices, communication devices, branded labels and related equipment.
You must not:
- remove, relocate, sell, alter, paint, cover, damage or dispose of Destination Charge equipment, except where removal is required following termination in accordance with these terms;
- modify or interfere with any QR code, sign, label, controller, metering device or enclosure;
- allow another charging network, payment system or third party service to use Destination Charge equipment without our written consent;
- use Destination Charge branding or equipment for any purpose other than the approved service; or
- represent that you own Destination Charge equipment unless we have agreed this in writing.
Ownership of any electrical infrastructure that is not supplied by Destination Charge will be determined by the relevant installation arrangement, invoice, site agreement or applicable law.
8. Site Partner responsibilities
You must:
- provide reasonable access to the approved parking spaces and equipment locations;
- keep the area around the Outlet reasonably safe and accessible;
- not obstruct or hide Destination Charge signs, QR codes or instructions;
- promptly tell us about faults, damage, tampering, unsafe conditions or complaints;
- not attempt to repair, open, modify or bypass Destination Charge equipment;
- ensure staff do not make unsupported promises about charging speed, availability or cost;
- ensure Site rules are clear where charging is restricted to guests, customers or authorised users;
- comply with all laws, regulations, leases, insurance requirements and Site rules that apply to the Site;
- maintain reasonable Site lighting, access and general parking safety where relevant;
- not charge Drivers separately for Destination Charge electricity unless we agree in writing;
- not interfere with Destination Charge's billing, payment or support process;
- provide accurate Site information for listings, support and operational purposes; and
- cooperate reasonably with us in relation to support, maintenance, safety and billing issues.
9. Destination Charge responsibilities
Subject to any specific written agreement, Destination Charge is responsible for:
- providing or arranging the Destination Charge charging service;
- providing QR code charging access and related software systems;
- managing Driver payment through the Destination Charge charging flow;
- setting or displaying charging prices;
- providing Driver support for charging sessions;
- calculating Driver charges;
- calculating applicable Site Partner power reimbursement;
- providing or arranging Destination Charge signage and QR codes;
- monitoring session and outlet information where technically available;
- responding to reported faults within a reasonable time; and
- maintaining or replacing Destination Charge owned equipment where reasonably required.
We do not guarantee uninterrupted operation, minimum usage, minimum revenue, minimum reimbursement, minimum occupancy, increased bookings, increased guest satisfaction or any specific commercial outcome.
10. Staff involvement
Destination Charge is designed to minimise Site staff involvement.
Unless otherwise agreed, Site staff are not expected to:
- collect Driver payments for Destination Charge sessions;
- calculate electricity use;
- manually start or stop sessions;
- provide technical charging support;
- troubleshoot vehicle or cable compatibility;
- issue charging refunds; or
- operate a separate charging management system.
However, Site staff may need to provide ordinary Site assistance, such as directing guests to the correct parking area, reporting visible damage, explaining Site access rules or contacting Destination Charge support.
11. Pricing to Drivers
Destination Charge may set, display and update Driver pricing for charging services.
Unless otherwise agreed in writing:
- Driver prices are displayed in New Zealand dollars;
- Driver prices are GST inclusive;
- Driver prices may include energy-based, time-based, session, minimum, idle or other disclosed fees;
- prices may vary between Sites;
- prices may be updated from time to time; and
- the price shown to the Driver in the charging flow at the time of use will apply to the relevant Session.
You must not advertise or represent Destination Charge pricing in a way that is inaccurate, outdated or misleading.
12. Power reimbursement
Where we have agreed to reimburse you for electricity used by Destination Charge sessions, the reimbursement will be calculated using the method we specify or agree with you.
Unless otherwise agreed in writing:
- reimbursement applies only to electricity reasonably recorded or calculated as supplied through Destination Charge sessions;
- reimbursement does not apply to unrelated Site electricity use;
- reimbursement does not apply to unauthorised use, tampering or bypassing outside the Destination Charge system;
- reimbursement may be calculated using metered data, session data, outlet data, pricing assumptions, agreed rates or reasonable estimates where data is unavailable;
- reimbursement may be paid monthly or on another cycle notified by us;
- reimbursement may be offset against amounts owed by you to us, where lawful;
- we may correct errors, overpayments or underpayments; and
- GST treatment will depend on your GST status and any applicable tax requirements.
You are responsible for providing accurate payment and tax information required to process reimbursement.
13. GST and tax
Driver pricing displayed by Destination Charge is GST inclusive unless clearly stated otherwise.
Each party is responsible for its own tax obligations.
If you are GST registered, you must provide any information reasonably required for GST, invoicing or buyer-created tax invoice processes, where applicable. If you are not GST registered, you must tell us promptly if your GST status changes.
We may withhold, delay or adjust payments if required to comply with tax, accounting, invoicing or legal obligations.
14. Site access for maintenance and support
You must provide Destination Charge, its contractors and authorised representatives with reasonable access to the Site to:
- inspect Destination Charge equipment;
- install, maintain, repair, replace or remove equipment;
- investigate faults, damage or safety issues;
- update signage or QR codes;
- verify Site information;
- respond to Driver or Site Partner support issues; and
- perform any other reasonable operational requirement.
We will use reasonable efforts to minimise disruption to your Site.
15. Faults, damage and safety issues
You must notify us promptly if you become aware of:
- damaged equipment;
- missing, defaced or incorrect signage or QR codes;
- unusual heat, smell, noise, sparking, smoke or electrical behaviour;
- trip hazards or unsafe cable placement;
- tampering, vandalism or suspected misuse;
- repeated Driver complaints;
- Site works that may affect the Outlet;
- changes to electrical supply, parking layout or access; or
- any other issue that may affect safe or reliable operation.
You must not allow continued use of equipment that appears unsafe. If urgent action is required to protect life, safety or property, contact emergency services or an appropriately qualified person first.
16. Site changes
You must notify us in advance where reasonably possible if:
- parking spaces are being reconfigured;
- electrical work is planned near the Outlet;
- the Site is being sold, leased, renovated or closed;
- access arrangements are changing;
- Wi-Fi or network availability is changing;
- the Site name, ownership, management or contact details change;
- insurance, lease or body corporate requirements affect the service; or
- the Outlet needs to be temporarily unavailable.
We may suspend, update, relocate or remove Destination Charge services if Site changes affect safety, access, reliability, compliance or commercial viability.
17. Promotion and branding
We may list the Site as a Destination Charge location on our website, app, map, search results, marketing materials, case studies and related channels, unless otherwise agreed.
We may use the Site name, general location, publicly available images and approved images to promote the availability of charging at the Site.
You may refer to the Site as offering Destination Charge EV charging, provided you do so accurately and do not imply that Destination Charge endorses the Site more broadly unless we have agreed.
You must not use Destination Charge logos, marks, photos, signage designs, QR codes, copy, technical materials or other intellectual property except as authorised by us.
18. Driver relationship
Drivers who use Destination Charge services enter into Charging User Terms with Destination Charge.
Unless otherwise agreed:
- Destination Charge is responsible for charging session payment flow and charging support;
- the Site Partner is responsible for general Site access, parking rules, guest/customer conduct and accommodation or parking services;
- the Site Partner must not make representations about Destination Charge services that are inconsistent with our published terms or materials; and
- the Site Partner must direct technical charging, billing and refund issues to Destination Charge.
19. Site rules and Driver conduct
You may set reasonable Site rules for parking, access, guest/customer eligibility, hours, safety and conduct.
Site rules must not conflict with these terms or mislead Drivers about Destination Charge pricing, availability, billing, refunds or service responsibility.
You are responsible for ordinary Site management, including parking enforcement, guest conduct, Site security and accommodation or parking disputes, except to the extent a matter is caused by Destination Charge's breach of these terms or negligence.
20. Data and reporting
We may collect and use session, outlet, Site and reimbursement data to operate the service.
We may provide you with reports or information about:
- number of Sessions;
- energy delivered;
- session duration;
- outlet usage;
- reimbursement calculations;
- faults or downtime;
- support issues; and
- aggregated service performance.
You must use any personal information or session information we provide only for lawful Site management, reimbursement, support, safety or agreed operational purposes. You must not use Driver information for unrelated marketing or disclose it except as required for legitimate Site purposes or by law.
Each party must comply with the Privacy Act 2020 in relation to personal information it holds or receives in connection with these terms.
21. Confidentiality
Each party must keep confidential any non-public commercial, technical, pricing, operational, security or business information received from the other party.
This does not prevent disclosure:
- to employees, contractors or advisers who need to know the information;
- with the other party's consent;
- where required by law;
- where the information is public through no breach of these terms; or
- where disclosure is reasonably required to operate, support or enforce the service.
22. Insurance
You are responsible for maintaining appropriate insurance for your Site, property, business operations, public liability and other risks normally associated with your Site.
Destination Charge is responsible for maintaining insurance it considers appropriate for its own business operations.
You must notify your insurer if required by your policy or circumstances before installing or operating Destination Charge equipment at the Site.
23. Compliance
Each party must comply with laws that apply to its own activities.
You are responsible for compliance matters relating to ownership, operation and control of the Site, including Site access, parking, building, lease, body corporate, health and safety, insurance and property matters.
Destination Charge is responsible for compliance matters relating to its charging service, payment flow, Driver terms, privacy obligations and Destination Charge owned equipment, except to the extent those matters depend on information, access, infrastructure or approvals controlled by you.
24. Health and safety
Each party must take reasonably practicable steps to ensure that its activities do not create health and safety risks.
You must cooperate with Destination Charge and its contractors in relation to health and safety matters affecting the Site or Outlet.
We may immediately suspend or remove a service if we reasonably believe continued operation presents a safety risk.
25. No exclusivity
Unless otherwise agreed in writing, these terms do not create an exclusive relationship. Destination Charge may provide services to other Sites, and you may offer other services at your Site, provided you do not interfere with Destination Charge equipment, branding, QR codes, billing or Driver services.
26. No partnership or agency
These terms do not create a partnership, joint venture, employment relationship, franchise or agency relationship between you and Destination Charge.
You must not represent that you have authority to bind Destination Charge unless we have expressly authorised you in writing.
27. Liability
Nothing in these terms limits or excludes liability that cannot legally be limited or excluded.
To the maximum extent permitted by law:
- neither party is liable to the other for indirect, consequential, special or economic loss, loss of profit, loss of revenue, loss of goodwill, loss of bookings, loss of opportunity or business interruption;
- Destination Charge is not liable for pre-existing Site electrical issues, Site defects, hidden conditions, Site access issues, Site parking disputes, Site security, guest conduct, accommodation issues or property management matters;
- the Site Partner is not liable for technical failures solely caused by Destination Charge systems or Destination Charge owned equipment, except to the extent caused or contributed to by the Site Partner;
- Destination Charge's total liability to the Site Partner in any 12 month period is limited to the amount paid or payable by Destination Charge to the Site Partner in that period, except where a higher amount is required by law; and
- the Site Partner's total liability to Destination Charge in any 12 month period is limited to the amount paid or payable by Destination Charge to the Site Partner in that period, except for damage to equipment, misuse, unpaid amounts, confidentiality breaches, intellectual property misuse, fraud, wilful misconduct, failure to remove or return the Destination Charge Hardware Package where required, or liability that cannot legally be limited.
28. Indemnity
You indemnify Destination Charge against losses, costs, claims, damages and expenses arising from:
- your breach of these terms;
- your lack of authority to approve installation or operation at the Site;
- Site defects, Site access issues or Site safety issues within your control;
- inaccurate Site information you provide;
- your staff, contractors, guests or customers interfering with equipment;
- damage to Destination Charge equipment caused by you or people at the Site, excluding ordinary wear and tear;
- your misuse of Destination Charge branding, QR codes, data or systems;
- your failure to obtain required landlord, body corporate, insurer, lease, property or other approvals;
- your failure to remove or return the Destination Charge Hardware Package where required under these terms; or
- your unlawful, negligent or wilful conduct.
This indemnity does not apply to the extent the loss is caused by Destination Charge's negligence, breach of these terms or breach of law.
29. Suspension
We may suspend a Site, Outlet or service immediately if we reasonably believe:
- there is a safety risk;
- equipment has been damaged, tampered with or misused;
- Site access is no longer suitable;
- payment, reimbursement or tax information is materially incorrect;
- there is a legal, regulatory, insurance or compliance issue;
- the service is being misrepresented;
- the Site Partner has breached these terms;
- network, electrical or technical conditions prevent reliable operation; or
- suspension is necessary to protect Drivers, the Site, Destination Charge or the public.
30. Termination
Either party may end participation in Destination Charge by giving 30 days' written notice, unless a different period is agreed in writing.
We may terminate immediately if:
- continued operation is unsafe or unlawful;
- necessary approvals are not held;
- the Site Partner materially breaches these terms;
- the Site Partner tampers with or misuses equipment, branding, QR codes or data;
- the Site is sold, closed or materially changed;
- Site conditions prevent reasonable operation;
- payment or reimbursement arrangements cannot be lawfully or practically maintained; or
- we cease offering the service in the relevant area.
If the Site Partner terminates participation in Destination Charge, the Site Partner must, at its own cost unless otherwise agreed in writing:
- arrange for the Destination Charge Hardware Package to be safely removed from the Site;
- ensure that any electrical removal work is carried out by an appropriately licensed or authorised electrical worker;
- remove and return the Destination Charge outlet, sign, QR code, Type B RCD package and any other Destination Charge supplied equipment, labels, controllers, metering devices, communication devices, enclosures or branded materials;
- return the removed Destination Charge equipment to Destination Charge in reasonable condition, allowing for fair wear and tear;
- make good any area affected by the removal, except to the extent otherwise agreed in writing; and
- cease promoting, advertising or representing that Destination Charge services are available at the Site.
Destination Charge may instead elect to remove the Destination Charge Hardware Package itself or through its contractors. If Destination Charge does so following termination by the Site Partner, the Site Partner must provide reasonable access and may be required to reimburse Destination Charge's reasonable removal costs, unless otherwise agreed in writing.
If Destination Charge terminates the Site Partner's participation other than because of the Site Partner's breach, Destination Charge will be responsible for arranging removal of Destination Charge owned equipment unless otherwise agreed in writing.
31. Effect of termination
Termination does not affect:
- amounts owed before termination;
- reimbursement calculations for prior Sessions;
- rights or liabilities that arose before termination;
- confidentiality obligations;
- intellectual property obligations;
- privacy and data obligations;
- liability and indemnity provisions;
- the Site Partner's obligation to remove and return the Destination Charge Hardware Package where the Site Partner terminates participation;
- the Site Partner's obligation to cease using Destination Charge branding, QR codes, signs and promotional claims after termination; or
- any other provision intended to continue after termination.
32. Changes to these terms
We may update these Site Partner Terms from time to time. The updated version will be posted on our website with the updated date.
Where a change materially affects an existing Site Partner arrangement, we will notify you by email (where we hold your email address) and display a prominent notice on our website for a reasonable period before the change takes effect.
If you do not agree to a material change, you may end your participation by giving written notice in accordance with section 30.
33. Notices and contact
Notices may be given by email to the contact details most recently provided by the relevant party.
You must keep your Site Partner contact details up to date. Contact Destination Charge at:
Destination Charge Limited
Email: support@destinationcharge.com
Address: 4 Ashwood Grove, Omokoroa, BOP 3114, New Zealand
34. Governing law
These terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction.
Destination Charge Limited · support@destinationcharge.com · 4 Ashwood Grove, Omokoroa, BOP 3114, New Zealand