(1) Volty Ltd mobile application and related website.
(2) Voltyportable power banks.
(3) All other related equipment, maintenance, personnel, services, applications, websites, and information provided or made available by Volty Ltd.
The Terms and Conditions, Privacy Policy, all updates, supplements, additional terms, and all rules and policies collectively constitute this Agreement between you and us. By accessing and/or using our services, you agree to be legally bound by this Agreement. If you do not agree to this Agreement and the conditions of use stated herein, please do not use the services.
Volty Ltd and the Customer are the only parties to this Agreement. You are solely responsible for compliance with all terms and conditions contained herein. You understand that when you rent a power bank from a location, the power bank must only be used by you.
If you allow others to use a powerbank that you have rented from a location, such use shall be made in compliance with these terms and conditions, and you are solely liable for enforcing such conditions on the person whom you allowed to use the power bank.
Without prejudice to 2.3 Maximum rental time and charges, you agree that the power bank and any Volty Ltd equipment attached, at all times, remain the exclusive property of Volty Ltd.
You must not dismantle, write on, or otherwise modify, repair or deface a power bank, any part of a power bank, or other Volty Ltd equipment in any way.
You must not write on, peel, or otherwise modify or deface any sticker on a power bank in any way.
You must not use a power bank, or other Volty Ltd equipment, for any advertising or other commercial purpose.
The services may only be used for the intended purpose for which such services are being made available.
You must not tamper with, attempt to gain unauthorised access to, or otherwise use the services, the power bank or the app other than as specified in this Agreement.
For the execution of this Agreement and 1.3 Power bank operating Hours and power bank availability, you acknowledge that the definition of tampering includes, without being limited to, any drawings, punctures, scratches, bumps, blows or alterations to the power bank rented under this Agreement.
You agree and acknowledge that power banks must be rented within the maximum rental time limits set forth below. The number of power banks is limited, and power bank availability is never guaranteed.
The power bank is a Lithium-Ion battery that requires periodic charging in order to operate. You agree to use the power bank safely and prudently considering it is a Lithium-Ion battery and all the limitations and requirements associated therewith.
You understand and agree with each of the following:
The charge level in the power bank will decrease with use of the power bank, and that as the level of charge decreases, the operational capabilities of the power bank may decrease (or cease in their entirety).
The charge level of the power bank at the time you initiate a rental or operation of the power bank is not guaranteed and may vary with each rental use.
The rate of loss of charging power during the use of the power bank is not guaranteed and will vary based on the power bank, operational conditions, weather conditions, and other factors.
It is your responsibility to check the charge level of the power bank and to ensure that it is adequate before initiating operation of the power bank. If you deem the charge level to be inadequate, return the power bank within 3 minutes to avoid fees.
The time you may operate the power bank before it loses charging power is never guaranteed.
The power bank may run out of charging power and cease to operate at any time during your rental, including before reaching your desired level of charge.
If the power bank runs out of charging power during a rental, return the power bank in compliance with all terms of this Agreement. Volty Ltd shall not be held liable for anything arising from the power bank running out of power.
You must report any accident, damage, personal injury, or stolen or lost power bank to Volty Ltd as soon as possible to:charge@volty.co.nz. If an incident involves personal injury, property damage, or a stolen power bank, you shall report the incident to us within 24 hours.
You agree that during the rental period, the rented powerbank is under your sole custody, and you are therefore responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties or disbursements of any kind or nature whatsoever related to that power bank.
You agree to return the power bank to Volty Ltd in the same condition in which it was rented. You will not be responsible for normal wear and tear.
You agree to pay any fines, fees, penalties, court costs, and/or any other charges incurred by us, that result from your use of any powerbank improperly, or as a result of you violating any law, rule, regulation, and/or ordinance while using our services.
You agree that any attempt to recharge the powerbank by other means than a charging station operated by us will be performed under your sole responsibility and that we shall not be held liable of any harmful consequences, financial, physical or whatsoever deriving from it.
Renting a power bank is on a pay per use basis. This begins by unlocking the power bank with the Volty Ltd app and using it until returned to a Volty Ltd power bank station or until the maximum rent time is up. We reserve the right to amend the price for our services at any time and will notify any price change on our app and website. All pricing is in New Zealand dollars. All prices are inclusive of GST.
Promo codes (discounts) can be redeemed only via the Volty Ltd app. We reserve the right to modify or cancel discounts at any time. Discounts are non-transferable and may not be resold.
Without prejudice to 2.1 Fees, information about rental time and charges can be found on our app download page https://www.volty.co.nz/ or our website https://chargedas.co.nz/volty-power-bank-mobile-charging/ and within the iOS and Android apps prior to any rental.
You agree that you are solely responsible for being aware of any elapsed time related to the return of the power bank.
Power banks not returned within the maximum rental time will be considered bought by you at a price corresponding to the maximum rental price.
Should you return the powerbank to any Volty power bank station after the maximum rental time, ownership of the power bank shall transfer back to Volty Ltd without compensation.
To be registered to use our services, you must provide Volty Ltd with a valid payment method.
Upon binding your payment method, a small amount ($1.00)will be held momentarily. You will not see this transaction and it will be voided as soon as our payment gateway provided verifies the authenticity of your payment method. If any subsequent payment fails, this procedure will be repeated.
You represent and warrant to Volty Ltd that you are authorised to use any payment method furnished to Volty Ltd. You authorise us to charge the card or the said account for all fees incurred by you. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Volty Ltd.
If you dispute any charge on your payment method, you must contact us within 10 business days with the disputed charge and provide to us all information that is necessary to identify the disputed charge, such as the date of rental and the approximate starting and ending times of the rental associated with the disputed charge. You agree to immediately inform us of all changes relating to the payment method.
Rates for the use of our services are available on our app download page https://www.volty.co.nz/ or our website https://chargedas.co.nz/volty-power-bank-mobile-charging/ and within our apps prior to any rental. You understand and agree that the above-mentioned prices may be unilaterally amended by Volty Ltd at any time or from time to time at its sole discretion.
If at anytime, whether prior to, during, or after renting any power bank, you discover any defect or notice any other potentially unsafe condition on any power bank, no matter how slight, you must not use the power bank, or if you are already using the power bank you must immediately cease its use when it is safe to do so.
You agree to immediately report the defect or condition to Volty Ltd.
If you do not comply with the requirements, you shall be liable for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, and you shall indemnify and hold harmless Volty Ltd for the same.
Without prejudice of the purchasing option left to you as per 2.3 Maximum rental time and charges, a power bank may be deemed lost or stolen if facts and circumstances suggest to Volty Ltd in its reasonably good faith and determination that a power bank has been lost or stolen.
Volty Ltd and you agree that the last user of a power bank shall be responsible for a lost or stolen powerbank unless facts and circumstances suggest otherwise. If we deem a power bank lost or stolen, we shall have the authority to take all actions deemed appropriate (with respect to the last user of a power bank or otherwise),including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. You agree the data generated by our database is conclusive evidence of the period of use of a power bank by a user. You agree to report a stolen power bank to Volty Ltd immediately.
Volty Ltd makes every effort to provide the services 365 days per year but does not guarantee that the services will be always available, as unforeseen events or other circumstances might prevent us from providing the services. Access to the services is also conditioned on the availability of power banks.
We do not represent or warrant the availability of any of the services or the availability of any power bank at any time, even if the power bank is marked as available on the app.
Subject to your compliance with this Agreement, Volty Ltd grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the services or its content.
This license does not include any resale or commercial use of the services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies, or similar data gathering and extraction tools.
Except as expressly permitted herein, the services and/or any portion of the services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose.
Any unauthorised use automatically terminates the permissions and/or licenses granted by us to you.
All the content featured or displayed on the services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations, is owned by Volty Ltd, its licensors, vendors, agents and/or our content providers.
All elements of the services, including, without limitation, the general design and the content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.
The services may only be used for the intended purpose for which such services are being made available.
Except as permitted by copyright law, you may not modify any of the materials, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the services.
Except as authorised under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the services.
You shall comply with all applicable New Zealand and international laws, statutes, ordinances and regulations regarding your use of the services.
The services, its content and all related rights shall remain the exclusive property of Volty Ltd or its licensors, vendors, agents, and/or our content providers unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from material found on the services.
All trademarks, service marks and trade names of Volty Ltd used herein, including but not limited to: Volty Ltd name, Volty Ltd corporate logo, the services name, the services design, and/or any logos are trademarks or registered trademarks of Volty Ltd or its affiliates, partners, vendors or licensors.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the services.
You shall not use the Volty Ltd name or any language, pictures or symbols which could, in our judgment, imply endorsement in any written or oral advertising or presentation, or brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
You understand that you will need to create an account to have access to the services.
You will provide true, accurate, current and complete information about yourself as prompted by the services' registration, sign-in, or subscription page, maintain and promptly update the registration data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or in complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the services (or any portion thereof).
You are responsible for the security and confidentiality of your password and account. Furthermore, you are responsible for all activities that occur under your account.
You will not share your account information or your username and password with any third party or permit any third party to logon to the services using your account information.
You agree to immediately notify us of any unauthorised use of your account or any other breach of security of which you become aware.
You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the services.
We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders or warrants, or to protect our rights, customers or business).
You represent that you have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the services follows all applicable laws.
You represent that you have read, understood, agree with, and will abide by the terms of this Agreement.
In addition, you represent and warrant that your user submissions and all elements thereof are:
(a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your user submissions, or you are otherwise legally entitled to grant Volty Ltd all of the rights granted herein; and
(b) Our use of your user submissions as described or contemplated herein does not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity and privacy, and defamation.
Furthermore, you shall be solely responsible for your own user submissions and the consequences of posting or publishing them.
Neither Volty Ltd nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.
The services may offer certain features and services that are available to you via your wireless device.
These features and services may include the ability to access the services' features and upload content to the services, receive messages (including text and SMS messages) from the services, and download applications to your wireless device(collectively, ‘Wireless Features’). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features.
Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance.
Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device.
You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
You confirm that you are the current subscriber and/or customary user of the mobile number registered with the services and authorised to incur any message or data charges that may be charged by your carrier.
You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided is false or inaccurate, we may hold, suspend or terminate your access to the services at any time.
Your participation in the services is completely voluntary.
You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features.
If you have registered via the services for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the services to reflect the changes.
You must notify us immediately of any breach of security or unauthorised use of your mobile phone. Although we will not be liable for your losses caused by any unauthorised use of your mobile device, you may be liable for the losses of Volty Ltd or others due to such unauthorised use.
You have the right to cancel the Agreement at any time upon notice to Volty Ltd. To terminate this Agreement, please send an email at the following address:charge@volty.co.nz
If you terminate the Agreement:
(i) All rights granted to you will cease immediately.
(ii) You shall discontinue any use of the respective services and/or power banks; and/or
(iii) You must pay Volty Ltd all amounts that are due and unpaid.
Upon cancellation, you will lose access to all services.
Volty Ltd will have the right, upon written notice (the term ‘written’ here includes email) to you, to terminate this Agreement, and/or suspend your access to their services, if:
(a) You fail to pay Volty Ltd any amount due under this Agreement and/or
(b) You materially breach any terms or conditions of this Agreement.
Upon termination of this Agreement for any reason, your access to, and use of, the services will terminate.
You understand and agree that all personal information that is held by Volty Ltd and pertains to users, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by us in accordance with our privacy policy (available on our website: https://www.volty.co.nz/privacy-policy); provided, however, that:
(i) If there is any situation where you are unable to communicate personal information to the appropriate authorities, then we may, in our sole and absolute discretion, provide your name, address, phone number, and other information to such authorities.
(ii) If we receive an order from any court or other authority, we will provide all requested information in accordance with applicable law, and
(iii) We may disclose aggregate and other data about you in accordance with applicable law.
In addition, we may disclose individual data to a third party upon your express permission and consent (e.g. enrolment in a study).
You verify that any contact information provided to Volty Ltd, including but not limited to your name, email address and mobile telephone number is true and accurate.
You verify that you are the current owner of any contact information that you provide to us.
Should any of your contact information change, you agree to use our app or website to change such details.
You agree to indemnify, defend against, and hold Volty Ltd harmless from; any claims, losses, liability, costs, and expenses arising from failure to update your contact information, provision of false contact information, and/or from violation of any international, New Zealand or local law, regulation, or ordinance.
By providing your telephone number(s) to Volty Ltd, you agree to receive text messages related to your registration. Consent to receive automated marketing calls/texts is not a condition of any rental or purchase.
You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that we are not responsible for these charges.
You agree that Volty Ltd may obtain, and you agree to be contacted via, email addresses provided by you directly or obtained through other means.
You agree to receive emails even if you cancel your account or terminate your relationship with us, except if you opt-out. You may opt out-by emailing charge@volty.co.nz with the subject ‘opt-out’. Please allow up to thirty (30)days to process any opt-out request.
You may also use any other means offered by Volty Ltd on our app or website. It is your sole obligation to notify us that you do not want to receive emails by following the instructions in this section.
You waive any rights to bring claims for unauthorised, unsolicited, or undesired emails or text messages by failing to opt-out immediately and in accordance with these opt-out instructions. Please note that if you opt-out of automated emails/texts, we reserve the right to make non-automated emails/texts to you.
Your obligations under this section shall survive termination of these terms.
Volty Ltd may be contacted by emailing charge@volty.co.nz or by phoning 0800-888-240.
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of New Zealand. For every dispute regarding this Agreement:
(i) The prevailing party is entitled to its costs, expenses, and reasonable fees(whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled.
(ii) Each party consents to the jurisdiction of the courts of New Zealand and agrees that those courts have personal jurisdiction over each party.
Volty Ltd and you agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.
No waiver of breach of any provision of this Agreement is a waiver of any other breach or provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
Allrights and remedies granted under or referred to in this Agreement arecumulative and nonexclusive, and resort to one does not preclude theavailability or applicability of another or to any other right or remedyprovided by law.
This Agreement contains the complete, final, and exclusive integrated agreement between us and you with respect to its subject matter.
This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without your consent, Volty Ltd may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Volty Ltd services after notification of any amendment, modification, or change, you have agreed to be bound by all such amendments, modifications, and changes.
You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.
The pricing set forth on the website supersedes all pricing set forth in this Agreement.
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Volty Ltd.
You acknowledge that you:
(a) have read this Agreement;
(b)understand the terms and consequences of this Agreement, including the releases it contains; and
(c) are fully aware of the legal and binding effect of this Agreement.
In exchange for you being allowed to use Volty Ltd services, power banks and equipment or related information provided by Volty Ltd, you agree to fully release, indemnify, and hold harmless Volty Ltd and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide Volty Ltd services, and every sponsor of any of the Volty Ltd services and all of the sponsor's owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the ‘Released Persons’) from liability for all claims arising out of or in anyway related to your use of the Volty Ltd services, power banks, or equipment, including, but not limited to, those claims based on Released Persons' alleged negligence, breach of contract, and/or breach of express or implied warranty, except for claims based on Released Persons' gross negligence or willful misconduct.
Such releases are intended to be general and complete releases of all claims.
‘Claims’ means collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to User or to third parties, consequential, compensatory, or punitive damages), or losses(whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to:
(a) any of the Volty Ltd services, including any of the power banks, placement, equipment, maintenance, related information, this agreement or
(b) your use of any of the foregoing.
To the fullest extent permitted by law, and as to your use of any of the Volty Ltd services, power banks, or equipment, Volty Ltd and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose.
All the Volty Ltd services, power banks, and equipment are provided as is and as available, and you rely on them at your own risk.
You are aware that your use of the Volty Ltd services, power banks, and equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to you or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
You are always solely and fully responsible for the safe operation of the power banks. You agree that power banks may malfunction, even if the power bank is properly maintained and that such malfunction may cause injury. You assume full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any claims related to or arising from the sole or partial negligence of Volty Ltd, the Released Parties, any public authority or any other party.
You hereby expressly waive any claims against the Released Parties, any public authority or any other party which you do not know or suspect to exist in their favour at the time of use of Volty Ltd services, and expressly waive your rights under any statutes that purport to preserve your unknown claims.
You certify that you have read and expressly agree to the terms and conditions, including specifically 14.0 Releases; disclaimers; assumption of risk, and you acknowledge that this section limits your legal rights and remedies.
You intend your assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. You represent and certify that you are familiar with the operation of the power bank and services.