These Terms and Conditions apply for vehicles on the evee Platform and rentals in New Zealand. Alternative terms and conditions apply for Australia.
These Terms and Conditions were last updated on 14th October, 2022.
Index
1 About Evee
1.1 Evee is a web and mobile application based platform (the “Platform”) that
(a) offers rental services for electric car vehicles (the “Vehicles”); and
(b) facilitates peer-to-peer electric car sharing between:
(i) the owners of electric car vehicles (the “Owners”); and
(ii) the drivers seeking to rent those vehicles (the “Renters”). (collectively referred to as the “Services”) These terms and conditions act as a ‘Rental Agreement’ between Renters, Evee, and Owners, and outline their use of the Services.
(c) Evee’s primary contact email address is support@evee.co.nz (“Evee Support”)
(d) Evee’s pricing and fees are outlined at https://www.evee.co.nz/pricing (the “Pricing Page”)
1.2 The Platform is operated by Evee New Zealand Limited (“Evee”). Access to and use of the Platform including its website, or any of its associated products or services, is provided by Evee. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or signing up for use of the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform immediately.
1.3 Evee reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Evee updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. If you do not agree with the changes to the Terms, you may terminate the Terms on 14 days’ notice and the changes will not apply to you.
2 Acceptance of the Terms
2.1 You accept the Terms by registering for the Services and/or accepting the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Evee in the user interface of the Platform.
3 Account registration
3.1 In order to access the Services, you are required to register for an account with Evee (the “Account”).
3.2 In creating an Account, you may be provided with a variety of registration methods, which may include registration through the use of your Facebook or Google account (the “Third Party Registration”). You may also create the Account by registering manually through the Platform (the “Manual Registration”).
3.3 Where you create the Account by Third Party Registration, you acknowledge and agree that the Platform will utilise the personal information stored with third parties to verify your identity. You warrant that where you elect to register for an account by way of Third Party Registration, the information that you have previously provided to these third parties is accurate, correct and up to date and is able to be relied upon by Evee.
3.4 Where you create the Account by Manual Registration, as part of the registration process or as part of your continued provision of the Services, you will be required to provide personal information about yourself (such as your name, date of birth, phone number, and street address). You will also be requested to provide Evee with:
(a) an email address; and
(b) password. 3.5 Once you have completed the registration process you will be a registered user of the Platform (the “User”) and agree to be bound by these Terms.
3.6 You agree that any information you give to Evee will always be accurate, correct and up to date. You must indemnity Evee for any claim or loss that Evee suffers as a result of any information that you provide to Evee under these Terms.
3.7 You understand that by supplying Evee with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Evee in order to keep you informed about Evee activities. If you do not wish to receive updates from Evee, you may contact Evee at the Evee Support email address.
3.8 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Evee; or
(b) you are a person barred from receiving the Services under the laws of Australia or New Zealand or other countries including the country in which you are resident or from which you use the Services.
4 Account obligations
4.1 As a User, you agree to comply with the following:
(a) not to share your profile with any other person;
(b) use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Evee of any actual or suspected unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time;
(f) not to harass, impersonate, stalk, threaten another User;
(g) not to post false, inaccurate, misleading, defamatory or offensive content on the Platform;
(h) access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of providing the Services;
(i) you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
(j) you agree that you will not use the Service or the Platform in such a way that you will expose them to viruses or other technologies that may harm Evee;
(k) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Evee for any illegal or unauthorised use of the Platform; and
(l) you acknowledge and agree that any automated use of the Platform or its Services is prohibited.
4.2 You agree that as the Account owner you are solely responsible for any activities or actions that occur through your account, whether or not you have authorised such activities or actions. Evee is in no way responsible or liable for any activities or actions that occur through your Account as a result of your breach of your Account obligations.
5 Information Verification
5.1 You acknowledge and agree that in light of the nature of the Services, Evee may be required to verify your identity, credit history, driving history and/or any other information that Evee reasonably believes would increase the level of risk associated with your use of the Services. Accordingly, you consent and authorise Evee to obtain such information for the purpose of assessing your risk.
5.2 You warrant that where Evee advises you in writing that they require further verification of the information that Evee reasonably believes would increase the level of risk associated with your use of the Services, then you will make all reasonable endeavours to comply with this request within seven (7) days of receipt of same.
5.3 You warrant that any information that you provide pursuant to this clause will be true and correct to the best of your knowledge and belief. Failure to comply with this clause will warrant an immediate termination of the provision of the Services to you.
6 Using the Services as a Renter
6.1 The process: (a) the Platform provides you with an opportunity to view the Vehicle listings;
(b) you may then proceed to request a booking of a Vehicle for a period (the “Rental Period”);
(c) once the booking has been made, the Owner must accept or reject the booking within twenty four (24) hours of the booking being made.
(i) If the Owner accepts the booking, you authorise Evee to disclose your personal information to the Owner in order for the Owner to contact you to arrange for the pick-up and drop-off of the Vehicle;
(ii) If the Owner does not respond within twenty four (24) hours, the booking is taken to be rejected.
(d) once booking has been confirmed by the Owner, you will make the required payment;
(e) you then meet with the Owner to pick-up the Vehicle or alternatively you may have purchased a delivery service where the Owner will deliver the Vehicle to you. Before leaving the pick-up location, it is your responsibility to thoroughly inspect the Vehicle before you drive away from the Vehicle pick-up location and to keep the picture and video recordings of the conditions of the Vehicle for at least 30 days.
(i) If you encounter any issues with respect to the Vehicle, you should immediately report the issues to Evee via email at the Evee Support email address.
(ii) You acknowledge that you may be liable for any loss, damage or untidiness that you fail to record in the photographs or videos or that you fail to respond to Evee’s request for the recording within five (5) business days of the request;
(f) at the end of the Rental Period, you must return the Vehicle to the Owner at an agreed time and place; and
(g) you may then rate and provide review about the Owner’s Vehicle and/or services on the Platform.
6.2 When using the Services, you must:
(a) comply with the payment policy as set out in clause 7 to 10;
(b) only use the Vehicle during the period for which you have made a booking for, unless an extension has been applied in accordance with clause 11;
(c) ensure that the driver of the Vehicle throughout the Rental Period is an Authorised Driver as defined in clause 12;
(d) use the Vehicle in accordance with clause 13 (Use of the Vehicle) and clause 14 (Recharging);
(e) return the Vehicle in the manner set out in clause 15;
(f) comply with your responsibilities in the event of each and every accident, breakdown or theft (clause 16). Damage liability is payable for each and every accident, not per booking period;
(g) comply with your responsibilities in the event of infringements, fines or towing of the Vehicle (clause 17);
(h) comply with your responsibilities in the event of tolls charges (clause 18); and
(i) comply with your financial responsibilities as set out in clause 19.
6.3 Evee reserves the right to refuse, terminate or suspend its Services to you, for any reason, at any time.
7 Payment
7.1 You are responsible for paying:
(a) the booking fee and/or other fees in connection with your use of the Services (the “Fees”); and
(b) any charges set out in a fee schedule available at the Pricing Page on the Evee website if Evee reasonably determines that they apply to you (the “Charges”).
7.2 You authorise us to charge the Card in respect of all Fees and Charges payable under the Terms. You further represent and warrant that you have the right to make this authorisation.
7.3 The payment procedures are as follows:
(a) In order to secure a booking, you must first pay the Fees via a credit or debit card (the “Card”). All payments made in the course of your use of the Services are processed using Stripe. In using the Platform, the Services or when making any Fees in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on their Platform;
(b) On the day of the rental, Evee will place a pre-authorisation on your Card, which Evee will apply towards any Charges that you are responsible for. You must ensure that your Card has sufficient funds to enable the pre-authorisation to be placed as the Vehicle cannot be handed over until the pre-authorisation has been placed; and
(c) During or at the end of the rental, if there are any Charges that you are responsible for, Evee will capture the funds being placed under the pre-authorisation and release the remaining funds to you after the Owner collects the Vehicle and marks it as “returned” on the Platform. However, there may be circumstances where Evee will not know that Charges are payable by you until after Evee releases the funds to you. In the event that this occurs, Evee will notify you of the additional Charges within 24 hours of becoming aware of the additional Charges. You must authorise Evee to charge your Card for the additional Charges.
7.4 You agree and acknowledge that Evee can vary the Fees and Charges at any time by amending the relevant sections of the Platform. The varied Fees and Charges will come into effect following the conclusion of the existing rental.
7.5 If you wish to dispute the Fees and/or additional Charges, you can contact Evee via email at the Evee Support email address;
7.6 Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in New Zealand Dollars (NZD) and are GST inclusive [HGM2] .
8 GST
8.1 For the purposes of these Terms, the following expressions shall have the following meanings:
(a) GST means any tax imposed on the supply of goods or services which is imposed or assessed under GST Act. (b) GST Act means the Goods and Services Tax Act 1985 (as amended) and all related ancillary legislation which provides for a broad-based consumption tax on the supply of Goods and Services which becomes operative in respect of the provisions of these Terms.
8.2 If these Terms or any supply under or in respect of these Terms becomes subject to GST, and if the recipient of the consideration is liable to GST in relation to any supply under these Terms, the parties agree that the amount payable for any supply under or in respect of these Terms by any party shall be adjusted by the amount of the GST. The GST shall be payable at the same time and in the same manner as the Fees.
9 Non-Payment
9.1 In the event there is a chargeback by your credit provider or non-payment by you, Evee may:
(a) suspend or terminate the Services immediately;
(b) charge the then current Evee administration fee ("Administration Fee"); and/or
(c) charge interest on the outstanding amounts, calculated at the Official Cash Rate set by the Reserve Bank of New Zealand (the "Interest").
9.2 If you do not pay for the Services in accordance with these Terms, Evee will issue an overdue payment notice and you will be liable to make the payment immediately. In the event the amounts remain unpaid after thirty (30) days from the date of the tax invoice, Evee may proceed to recover the debt from you without further notice. If Evee initiates debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements, including but not limited toprocess server fees, Expert Reports and court/tribunal fees. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and Evee may report the debt to a credit reporting agency.
10 Cancellation/Rescheduling and Refund
10.1 If you cancel your existing booking:
(a) more than 72 hours before the start of the Rental Period, you will be entitled to a full refund;
(b) between 72 hours and 48 hours before the start of the Rental Period, you will be charged 50% of the total Fees plus any merchant banking/transaction fees and the remaining balance will be refunded to you; and
(c) less than 48 hours before the start of the Rental Period, you will not be entitled to any refund.
10.2 Rescheduling a booking is subject to Vehicle and Owner availability. The cancellation fee schedule in clause
10.1) will apply for rescheduled bookings.
10.3 If you cancel more than 5 bookings in any rolling 12-month period, Evee may suspend your account unless there are extenuating circumstances.
11 Rental Periods and Extension
11.1 The Rental Period is mutually agreed by the Owner and Renter.
11.2 You can request for an extension of the Rental Period by contacting the Owner and/or Evee at least eight (8) hours before the end of the initial Rental Period. The Owner and/or Evee have the right to decline your request. If you do not receive any response, your request is deemed to be rejected.
11.3 Where your request for a rental extension has been accepted, the definition “Rental Period” used in these Terms includes the extended Rental Period.
12 Authorised Driver
12.1 An authorised driver is a driver who is permitted to drive the Vehicle (the “Authorised Driver”).
12.2 To be eligible to become an Authorised Driver, you must:
(a) meet the age requirement as listed on our website and in accordance with our current insurance policy;
(b) hold a full unrestricted driver’s licence and have been so licensed to drive for at least two (2) years (not including any time under a learner’s or restricted licence);
(c) not have licence suspensions, cancellations or disqualifications in the last three (3) years;
(d) have satisfactory credit history as reported on your credit report;
(e) have an appropriate credit or debit card with sufficient credit to cover any liability for the duration of the rental of the Vehicle; and
(f) provide such other information as may be required by Evee’s insurers.
12.3 By using the Services, you represent and warrant that the driver of the Vehicle meets the eligibility requirements in clause 12.2.
13 Use of the Vehicle
13.1 During the period of your rental, you must and must ensure that another person:
(a) use the Vehicle and any items supplied with it for the purpose for which they are designed and in accordance with the manufacturer’s recommendations;
(b) take proper care of the Vehicle and any items or equipment supplied with it;
(c) ensure that any equipment such as child seat or GPS is fitted correctly and safely;
(d) use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road;
(e) observe any warning indicators that may appear in the Vehicle and upon becoming aware of any warning indicators or mechanical fault, you must as soon as practicable stop driving and park the Vehicle where safe to do so and contact the Roadside Assistance service;
(f) keep the Vehicle locked and the keys under personal control at all times;
(g) comply with all relevant traffic regulations and laws, including allowing for the taking of a sample of breath, blood or urine for testing or analysis as required by law; and
(h) return the Vehicle by the return date and time at the agreed location.
13.2 During the period of your rental, you must not and must not permit another person to:
(a) use the Vehicle for any illegal purpose, race, contest or performance test of any kind;
(b) use the Vehicle in connection with the motor trade for experiments, test, trials, demonstration or breakdown purposes;
(c) use the Vehicle or allows it to be involved in racing, pacemaking, reliability trials, speed or hill climbing tests, or whilst being tested in preparation thereof;
(d) use the Vehicle for or being tested in preparation for any race, rally, trial, speed trial, test, contest, motor sport or any driver training course;
(e) use the Vehicle to tow or push anything or for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(f) tow the Vehicle without our permission;
(g) use the Vehicle to carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built for or permitted by law;
(h) use the Vehicle to carry passengers for hire, payment or reward of any kind;
(i) use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at your cost) and in accordance with the Vehicle manufacturer's and Evee’s recommendations;
(j) use the Vehicle to carry any inflammable, hazardous, toxic, poisonous, dangerous, explosive or corrosive substances or items;
(k) smoke in the Vehicle;
(l) allow any animals into the Vehicle except in designated pet-friendly Vehicles, in which case you must provide and ensure that the animal remains inside an appropriate carriage;
(m) use the Vehicle when it is damaged or unsafe; (n) use the Vehicle in an unsafe, unsealed or unroadworthy condition;
(o) drive or take the Vehicle:
(i) on beaches or through streams, rivers, creeks, dams or floodwaters.
(ii) off road. Off Road means any area that is neither a sealed or an unsealed road and includes but us not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
(p) use the Vehicle in any manner that is:
(i) reckless;
(ii) illegal;
(iii) abnormal;
(iv) likely to damage the Vehicle or property; or
(v) likely to injure any persons.
(q) sell, rent, or dispose of the Vehicle or any of its parts or attempt to give anyone legal rights over the Vehicle or any of its parts;
(r) service the Vehicle or have repairs to the Vehicle carried out unless Evee and/or the Owner authorises you to do so::
(i) Evee requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Evee.
(ii) Evee and/or the Owner will reimburse you for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that Evee cannot verify the cost of repairs, Evee will not reimburse you.
(s) allow the Authorised Driver to be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit; and
(t) use the Vehicle in contravention of any law. In constructing this clause 13.2, any silence on part of a person shall be deemed as permission or authorisation.
13.3 With respect to the autopilot feature, you must be aware that any autopilot feature offered by the Vehicle is merely an assistive technology. Accordingly, even when the Vehicle is in autopilot mode, the Authorised Driver must:
(a) always keep their hands on the wheel; and
(b) be alert and always be ready to take control over the Vehicle.
13.4 If you breach clause 13.1 and/or 13.2, you will be liable for any and all expenses or damages that may be incurred or is incurred in connection with your breach.
13.5 All driving aids including but not limited to adaptive cruise control, autopilot, summon and park assist are used at your or any Authorised Driver’s risk. Any damage occurred while using any of the driving aids is not covered by Evee’s insurance policy and will be fully paid by you.
14 Recharging
14.1 You must return the Vehicle with the same level of battery charge as when the Vehicle was handed over, unless otherwise agreed with the Owner. If you fail to do so, you will be responsible and liable for an additional charge as set out in a fee schedule available at the Pricing Page.
15 Return of the Vehicle
15.1 You must return the Vehicle to the Owner or Evee:
(a) to the place, on the date and by the time as agreed;
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted; and
(c) with a battery charged to the level when vehicle was picked up, unless otherwise agreed with the Owner (or otherwise pay the Owner the cost to recharge the Vehicle).
15.2 Notwithstanding clause 15.1, Evee, the Owners and/or agents of Evee and Owners may repossess the vehicle, at any time, without demand, at the Renter’s expense, if Evee reasonably suspects that:
(a) the Renter breaches any of these Terms; or
(b) damage to the Vehicle, or injury to persons or property is likely to occur.
15.3 You must notify the owner if the return of the vehicle is delayed past the time specified on your booking details. Late delivery fee is charged at one fourth of the daily rental rate per hour of delay. A fee of double the daily rate is applied if the vehicle is delayed by more than 4 hours, unless otherwise agreed with the owner in writing. If the vehicle is not returned 24 hours after the specified return time it will be reported as stolen.
16 Accidents, Breakdown or Theft
16.1 If the Vehicle suffers a breakdown, is damaged, lost or stolen, or other person is injured, or other property is damaged during the Rental Period, you must comply with your obligations in this clause.
16.2 You must notify Evee and the Owner as soon as possible after each and every accident or incident that occurs.
16.3 You must also notify the police as soon as possible if required under the relevant road rules. In the event that the Vehicle is lost or stolen, you must always notify the police immediately.
16.4 You must use all reasonable efforts to secure evidence in respect of the incident, including evidence from any available witnesses.
16.5 You must promptly provide Evee and any relevant entities (such as law enforcement or insurer) with an incident report and any other information requested (such as identity and insurance information of any parties involved in the incident).
16.6 You must cooperate with and assist Evee and any relevant entities (such as law enforcement or insurer) during the claims processing, investigation or in any claim or action brought in respect of the incident.
16.7 You must not, without Evee’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability.
16.8 You must permit Evee or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in your name.
16.9 You must permit or ensure that Evee may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Evee in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Evee.
16.10 Where it is determined that you are liable to pay for the loss, damage or liabilities that occur in connection with each and every incident, you must promptly make the payment to Evee. Damage liability is payable for each and every claim during the rental period.
16.11 Failure to do any of the above may result in you being liable, in full or in part, for the loss, damage or liabilities that occur in connection with the incident.
17 Infringements, Fines and Towing
17.1 You must pay for all parking and traffic infringements issued during the Rental Period in respect of the Vehicle (including the occasion where you fail to leave the Vehicle legally parked at the end of the Rental Period). Furthermore, any demerit points will accrue to your licence.
17.2 You are responsible for returning the Vehicle to the agreed location following any tow.
18 Tolls
18.1 You are responsible for all tolls incurred.
18.2 You must ensure that any toll fees incurred against the Vehicle during the Rental Period are paid in advance of, or within 5 days following, the use of the toll road. Toll fees can be paid in advance or within 5 days of being incurred – please visit www.nzta.govt.nz/roads-and-rail/toll-roads/.
19 Your financial responsibilities
19.1 You are solely responsible and liable for any damage, losses or liabilities that occur during the Rental Period, subject to any personal insurance policy that you may have or any protection packages that you have purchased and terms and conditions and insurance policy which apply to the Vehicle. It is your obligation to review the terms and conditions and insurance policy which apply to the Vehicle.
19.2 Unless otherwise arranged between you and Evee, the Vehicle will be covered by Evee’s insurance policy for the Rental Period. If you wish to provide your own alternative cover, you will need to supply your insurance policy and any other relevant details to Evee for review to the Evee Support email address. Alternative cover will be accepted at the sole discretion of Evee and/or the Vehicle Owner.
19.3 Evee will authorise a security deposit on your default payment method 24 hours before the start of the rental. The deposit is released 48 hours after the end of the rental unless new damage or extra charges are reported. The security deposit amount varies based on each vehicle and can change from time to time at Evee's discretion, however it doesn't exceed the amount of excess on the insurance policy.
19.4 Security deposit authorisation is required for the vehicle to be handed over to the renter. Renter must ensure to have sufficient funds on the account Renter are alerted if the authorisation fails and renter can attempt to process the authorisation again. If the authorisation continuously fails, the booking is cancelled and the renter receives an automated note from Evee on their profile detailing the cancellation reason.
19.5 However, you or the Authorised Driver have no cover under Evee’s protection packages for:
(a) any of your breach of any of these Terms;
(b) all your legal costs to defend criminal acts or fines for breaches of the road regulations and laws;
(c) any penalties, fines, punitive, exemplary or aggravated damages for which you or the Authorised Drivers are liable;
(d) any loss or liability resulting from lawful seizure or operation of law;
(e) your liability under any agreement or where you have agreed to accept liability which otherwise would not be applicable to you without Evee’s prior written consent; and/or
(f) your loss of personal property.
19.6 Commercial Hosts are independent hosts or companies who offer renters their own commercial liability rental insurance - not a protection plan via evee. You may pay Commercial Hosts directly for some costs. There is no insurance, physical damage protection, or roadside assistance provided by evee or its insurers for the trips booked with Commercial Hosts. The Commercial partner may offer you liability insurance or physical damage protection outside of evee for a fee after you book.
19.7 The liability of evee is limited in accordance with clause 25.
20 evee Protect
20.1 Application
This clause 20 applies only if you have purchased evee Protect in accordance with the Terms.
20.2 How it works
(a) Subject to the Terms and your compliance with the Terms, if you have purchased evee Protect, the Damage Liability payable by you will be reduced from the standard rate applicable to $0 on the condition that the Incident did not occur as a result of intentional or wilful damage by, or at the direction of, you or another person within your reasonable control.
(b) For avoidance of doubt, evee Protect does not give rise to a waiver of any liability arising in connection with your booking or the Vehicle.
(c) You may purchase evee Protect at any time before the start of the Rental Period via the Platform or using such other method as specified by us from time to time.
20.3 Pricing
(a) The amount payable by you in relation to evee Protect (“evee Protect Fee”) is as specified on the Platform or otherwise specified by us in writing from time to time;
(b) If you make any changes to your booking or Rental Period or we make any such changes on your request, we may make changes to the evee Protect Fee and you agree to pay the updated evee Protect Fee on request.
20.4 Cancellations
If your booking is cancelled before the Rental Period commences in accordance with the Terms, the evee Protect Fee will be fully refunded to you.
21 Rating and Review
21.1 As part of the Services, the Platform provides you with the opportunity to rate and review the Owners and/or Vehicles in order to assist other Renters to make an assessment as to which Owners and/or Vehicles they might wish to use. The ratings and reviews will be listed on the respective Owner’s profile.
21.2 You may rate the Owners and/or Vehicles out of five stars. The rating for Owners and/or Vehicles will then be calculated as an aggregate of all ratings provided by the Renters (the “Rating System”).
21.3 These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future rental. Evee will have no responsibility or liability of any kind for any content or information you encounter on or through the Platform, and any use or reliance on the content or information is solely at your own risk.
21.4 Evee only facilitates the Rating System and is not responsible for any rating and/or review listed on the Owner’s profile. If an Owner has a complaint in relation to a rating and/or review made by you, the Owner can contact us at the Evee Support email address and identify which rating and/or review he/she wishes to make a complaint about and provide Evee with evidence why he/she believes that the rating and/or review is untrue or should be changed, altered or removed. Upon receipt of the complaint from the Owner, Evee may, at is absolute discretion, change, alter or remove the rating and/or review. However, if Evee does not change, alter or remove the rating and/or review as requested by the Owner, under no circumstances will Evee be deemed to have published the rating and/or review and the Owner acknowledges that the rating and/or review is User Content as defined in clause 22.2 and Evee’s liability is limited in accordance with clause 22.2 and 25.3 of these Terms.
22 Platform Content
22.1 Content generated by Evee
(a) You may read and copy the information on Evee for your own needs but you may not publish, resell or sub-licence it; and
(b) Evee makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on Evee.
22.2 Content generated by the Users
(a) In this clause, “User Content” means any and all information and content that the Owners, Renters or visitors of the Platform, submits to or uses with the Platform.
(b) Evee does not claim ownership of your User Content. Evee makes no guarantees about the User Content and Evee does not endorse or accept any responsibility for the User Content.
(c) You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy or completeness.
(d) You represent and warrant that your User Content does not violate any third party rights or licenses.
(e) By posting a content onto the Platform, you expressly grant to Evee and its successors an irrevocable, non-exclusive, transferrable, sub-licensable, perpetual, royalty-free, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit your de-identifiable User Content. This license does not grant Evee the right to on-sell User Content. You hereby irrevocably waive any claims and assertions of moral rights with respect to your User Content.
(f) Evee reserves the right to review, remove or amend any User Content, but Evee does not have the legal obligation to do so.
22.3 Content by Third Party Website
(a) Evee works with a number of partners and affiliates whose websites are linked with Evee and are controlled by parties other than Evee (each a "Third Party Website").
(b) Evee is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Evee makes no guarantees about the content or quality of the products or services provided by such sites. If you have purchased a package that includes any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Website.
(c) Certain services made available on the Evee Platform are delivered by third parties. By using any product, service, or functionality originating from the Evee Platform, you are allowing Evee to share information with any third party with whom Evee has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.
23 Copyright and Intellectual Property of Evee
23.1 The Platform, the Services and all of the related products of Evee are subject to copyright and other intellectual property rights. The material on the Platform is protected by copyright under the laws of Australia, New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Evee or its contributors.
23.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Evee, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
(a) download the Platform to a device via a web browser;
(b) use the Platform pursuant to the Terms;
(c) copy and store the Platform and the material contained in the Platform in your device’s cache memory; and
(d) print pages from the Platform for your own personal and non-commercial use. Evee does not grant you any other rights whatsoever in relation to the Platform or the material on the Platform. All other rights are expressly reserved by Evee.
23.3 Evee retains all rights, title and interest in and to the Platform and all related content. Nothing you do on or in relation to the Platform will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process); to you.
23.4 You may not, without the prior written permission of Evee and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.
23.5 If you broadcast, publish, upload, transmit, post or distribute any content on the Platform or to Evee (“Your Content”), then you grant to them a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
24 General Disclaimer
24.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Consumer Guarantees Act 1993 (or any liability under them) which by law may not be limited or excluded.
24.2 Subject to this clause 24, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
(b) Evee will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. [HGM3]
24.3 Use of the Platform and the Services is at your own risk. To the maximum extent permitted by law, everything in relation to the Platform and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Evee make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Evee) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Platform, the Service, or any of its Content related products (including third party material and advertisements on the Platform);
(c) costs incurred as a result of you using the Platform, the Services or any of the products of Evee;
(d) the Content or operation in respect to links which are provided for your convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Platform; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
25 Limitation of liability
25.1 Evee’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed:
(a) the most recent fee paid by you to Evee for the Services under these Terms; or
(b) where you have not paid the fee, then the total liability of Evee is the resupply of the Services to you.
25.2 You expressly understand and agree that Evee, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
25.3 Evee is not responsible or liable in any manner for any content posted on the Platform or in connection with the Services, whether posted by Evee, by the Renters, by the Owners, or by any other users or third parties.
25.4 Evee does not control and is not responsible for the behaviours and actions of its Users, their comments, posts or information that they upload. Accordingly, Evee is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Platform or in connection with your use of the Services.
25.5 Evee does not endorse any Owner and/or Vehicle. While Evee may use commercially reasonable efforts to verify the identities and/or backgrounds of the Owners and Vehicles, it does not make any warranty, guarantee or representation in any respect relating to the Owner and/or Vehicle. Evee encourages you to make all necessary enquiries and satisfy yourself as to whether the Vehicle meets your requirements and intended uses.
25.6 You understand that Evee is not a party to and will not have any liability with respect to your rental arrangement with the Owner. Any claims you have arising out of the rental arrangement is to be brought against the Owner not Evee and you indemnify Evee from all claims, suits, demands and legal actions arising from any and all disputes between you and the Owner.
25.7 Evee will have no liability for any failure or delay due to matters beyond its reasonable control.
26 Indemnity
26.1 You agree to indemnify Evee, its affiliates, officers, directors, employees, agents, contributors, third party content providers and licensors from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation legal fees on a full indemnity basis) which arise out of or relate to your use of the Platform and/or Services, including but is not limited to:
(a) any misuse of the Platform or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
(b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
(c) any breach of the Terms.
26.2 This indemnity will survive the termination of these Terms.
27 Termination
27.1 The Terms will continue to apply until terminated by either you or by Evee as set out below.
27.2 If you want to terminate the Terms, you may do so by:
(a) notifying Evee at any time; and
(b) closing your accounts for all of the services which you use, where Evee has made this option available to you. Your notice should be via email to Evee at the Evee Support email address.
27.3 Evee may at any time, with or without notice, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Evee is required to do so by law;
(c) the partner, if any, with whom Evee offered the Services to you has terminated its relationship with Evee or ceased to offer the Services to you;
(d) Evee is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by Evee is, in the opinion of Evee, no longer commercially viable.
27.4 Subject to local applicable laws, Evee reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Evee’s name or reputation or impairs the enjoyment of the Services by other users.
27.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Evee have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
28 Force Majeure
28.1 If a party is prevented from or delayed in performing an obligation by Force Majeure, and promptly acts to mitigate or remove the Force Majeure and its effect, then the obligation is suspended during, but for no longer than, the period the Force Majeure continues and any further period that is reasonable in the circumstances.
28.2 In this clause "Force Majeure" means an event beyond the reasonable control of the affected party, which occurs without the fault or negligence of the affected party including but not limited to, acts of God, outbreak of communicable disease, public health emergency, epidemic, pandemic, natural disaster, riot, terrorism, malicious damage or fire.
29 Dispute Resolution
29.1 Compulsory
(a) If a dispute arises out of or relates to the Terms, the Services or the Platform, then no party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) If a dispute arises between the Owner and the Renter, then the parties warrant that they will include Evee in any correspondence between the parties to ensure that Evee can:
(i) assist with the Dispute Resolution Process where possible;
(ii) hold any payments subject to the Dispute until such time that the Dispute is resolved; and
(iii) make an assessment whether they should terminate the Services to either of the parties to the Dispute.
29.2 Notice A party claiming a dispute (“Dispute”) must, within thirty (30) days of becoming aware of the Dispute, give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute and serve it on the other party (the “Notice”).
29.3 Resolution On receipt of the Response by that other party, the parties to the Dispute (the “Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties acknowledge and agree that Evee may refer the Dispute to a mediator or request that an appropriate mediator be appointed by the President of the New Zealand Law Society or his or her nominee.
(c) The mediation will be held in Auckland, New Zealand.
(d) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
29.4 Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
29.5 Termination of Mediation
(a) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
(b) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
30 Notice
30.1 Evee may deliver notices and other communications to you using the most recent email address, telephone number or address provided by you. Notices to you shall be deemed to have been properly given and valid even if you no longer maintain the email account, telephone number or address.
30.2 Notices to us should be sent to our registered office address.
31 Relationship
Nothing in these Terms is intended to create a partnership, joint venture, agency or employment relationship with either the Owners or the Renters.
32 Governing Law
These Terms are governed by the laws of New Zealand. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New Zealand, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
33 Venue and Jurisdiction
The Services offered by Evee are intended to be viewed by residents of New Zealand. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of New Zealand.
34 Entire Agreement
These Terms constitute the entire agreement between the parties concerning the subject matter of the Terms and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
35 Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
36 Waiver
36.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
36.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
36.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
37 Assignment
37.1 Evee may assign or transfer its rights or obligations under these Terms without your consent.
37.2 You may not assign or transfer your rights or obligations under these Terms without prior written consent of Evee. A purported assignment without written consent will be deemed to be void and convey no rights.
38 Limitation of action
You agree that any cause of action related to or arising out of your relationship with Evee must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If you wish to notify us about anything relating to these Terms, please contact us via email at the Evee Support email address.