TERMS & CONDITIONS

The following is an excerpt from the Drive Electric Society Rules, as relates to Membership.

The full version of the Society Rules is available here.

1. Admission of Members
   1. To become a Member, a person (Applicant) must:
      1. complete an application form, if the Rules, Bylaws or Board requires this;
      2. pay a membership fee for the class of membership applied for;
      3. make him or herself (where the proposed Member is a natural person) or an authorised representative (where the proposed Member is a corporate personality) available to be interviewed by the Board;
      4. supply any other information the Board requires.
   2. The Board shall have complete discretion when it decides whether or not to allow the Applicant become a Member. The Board shall advise the Applicant of its decision, and that decision shall be final.If the decision is to decline the membership application any membership fee paid shall be refunded.
   3. The membership year of the Society begins on 1 April of every year and ends on 31 March of the next year (commencing April 2015).
   4. The Board shall be entitled, at its discretion, to pro-rate any membership fee charged to reflect the time between the date on which a membership application is received by the Society and the date which is the end of the membership year.
2. Type of Members and membership entitlements
   1. At the commencement dateof these Rules the Society shall have the following categories of Members:
      1. Category A – Corporate – for companies with an annual turnover of $30 million or greater, and have an interest in electric vehicles and advancing the electrification of the New Zealand road transport fleet. Each Category A Member:
         1. is entitled to participate in Society Meetings;
         2. shall have 2 votes only;
         3. may be a member of a Committee formed under these Rules; and
         4. may nominate up to 4 employees or officers to receive Society information and attend meetings.
      2. Category B – Associate Membership – for companies with an annual turnover of between $5.0 and $29.99 million.Each Category B Member:
         1. is entitled to participate in Society Meetings;
         2. shall have 1 vote only;
         3. may be a member of a Committee formed under these Rules;
         4. may nominate up to 2 employees or officers to receive Society information and attend meetings.
      3. Category C – Government/Local Government – for local and central Government, including quasi Government agnencies wishing to be part of the society.Each Category C Member:
         1. is entitled to participate in Society Meetings;
         2. shall have 1 vote only;
         3. may be a member of a Working Group formed under these Rules;
         4. is entitled to receive Society information and attend meetings; and
         5. may be allocated specific roles in the Society by resolution of the Board.
      4. Category D – Small and Medium Enterprises – for companies with an annual turnover of less than $5.0 million.Each Category D Member:
         1. is entitled to participate in Society Meetings;
         2. shall have 1 vote only;
         3. may be a member of a Committee formed under these Rules;
         4. may nominate up to 2 employees or officers to receive Society information and attend meetings.
      5. Category E – Private Individual – for individuals wishing to be part of the society (includes individuals who are members of Corporate or Small to Medium Enterprise Members who wish to be an individual member).Each Category E Member:
         1. is entitled to participate in Society Meetings;
         2. shall have 1 vote only;
         3. may be a member of a Working Group formed under these Rules;
         4. is entitled to receive Society information and attend meetings; and
         5. may be allocated specific roles in the Society by resolution of the Board.
      6. Category F – Student / Retiree – for any individual currently engaged in primary, secondary, or tertiary education or any person over the age of 65 who are not Private Individual Members.Each Category F Member:
         1. is entitled to participate in Society Meetings;
         2. is not entitled to vote
         3. is entitled to receive Society information and attend meetings.
   2. The categories of membership are subject to change in accordance with clause 10.1(l).
3. Additional Membership Entitlements
   1. Additional entitlements and benefits may be created defined from time to time by the Board.
   2. Additional entitlements and benefits shall not be in conflict with the Rules of the Society and shall be made publicly available.
4. The Register of Members
   1. The Secretary shall keep a register of Members (Register), which shall contain the names, the postal and email addresses and telephone numbers of all Members, and the dates at which they became Members.
   2. If a Member’s contact details change, that Member shall give the new postal or email address or telephone number to the Secretary.
   3. Each Member shall provide such other details as the Board requires.
   4. Members shall have reasonable access to the Register of Members.
5. Cessation of Membership
   1. Any Member may resign by giving written notice to the Secretary.
   2. If, for any reason whatsoever, the Board is of the view that a Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Society, the Board may give written notice of this to the Member (Board’s Notice).
   3. The Board’s Notice must set out:
      1. how the Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Society;
      2. what the Member must do in order to remedy the situation;
      3. that the Member must write to the Board giving reasons why the Board should not terminate the Member’s Membership;
      4. that if, within 10 Working Days of the Member receiving the Board’s Notice, the Board is not satisfied with Member’s response to the Board, the Board may in its absolute discretion immediately terminate the Member’s Membership.
      5. that if the Board terminates the Member’s Membership, the Member may appeal to the Society.
   4. Ten Working Days after the Member received the Board’s Notice, the Board may in its absolute discretion by Majority Vote terminate the Member’s Membership by giving the Member written notice (Termination Notice), which takes immediate effect. The Termination Notice must state that the Member may appeal to the Society at the next Society Meeting by giving written notice to the Secretary (Member’s Notice) within 10 Working Days of the Member’s receipt of the Termination Notice.
   5. If the Member gives the Member’s Notice to the Secretary, the Member will have the right to be fairly heard at a Society Meeting held within the following 15 Working Days. If the Member chooses, the Member may provide the Secretary with a written explanation of the events as the Member sees them (Member’s Explanation), and the Member may require the Secretary to give the Member’s Explanation to every other Member within 5 Working Days of the Secretary receiving the Member’s Explanation. If the Member is not satisfied that the other Society Members have had sufficient time to consider the Member’s Explanation, the Member may defer his or her right to be heard until the following Society Meeting.
   6. When the Member is heard at a Society Meeting, the Society may question the Member and the Board Members.
   7. The Society shall then by Majority Vote decide whether to let the termination stand, or whether to reinstate the Member. The Society’s decision will be final.
   8. Any member whose membership ceases under this clause (whether by resignation, termination or otherwise) shall not be entitled to any refund of subscriptions, levies or fees.
6. Obligations of Members
   1. All Members (and Board Members) shall promote the purposes of the Society and shall do nothing to bring the Society into disrepute.
   2. It is an obligation of all Members to complete the Society’s annual surveys on sales and other market data relevant to their business or organisation. To ensure confidentiality, the survey will be administered by a third party who shall consolidate and summarise the information to identify market and industry size and annual growth.The Members authorise the provision of this information to all participating Members, to government, or other stakeholders or agencies, at the discretion of the Board.
7. Use of Property
   1. The Society may own real and personal property of the Society if:
      1. it is for a purpose of the Society;
      2. it is not for the sole personal or individual benefit of any Member; and
      3. that use has been approved by either the Board or by Majority Vote of the Society.
8. Private Pecuniary Profit
   1. No Member of the Society or any person associated with a Member shall participate in or materially influence any decision made by the Society in respect of the payment to or on behalf of that Member or associated person of any income, benefit, or advantage whatsoever.
   2. Any such income paid shall be reasonable and relative to that which would be paid in an arm’s length transaction (being the open market value).The provisions and effect of this clause shall not be removed from these rules and shall be included and implied into any rules replacing these rules.
9. Joining Fees, Subscriptions and Levies
   1. If any Member does not pay a Subscription or levy by the date set by the Board or the Society, the Secretary will give written notice that, unless the arrears are paid by a date specified, the Membership will be terminated. After that date, the Member shall (without being released from the obligation of payment of any sums due to the Society) have no Membership rights and shall not be entitled to participate in any Society activity.This clause shall take precedence to cl 20.

DRIVE ELECTRIC INCORPORATED ONLINE PAYMENT TERMS AND CONDITIONS

These terms and conditions apply to online credit card payments made to Drive Electric Incorporated Society, (“the Services”).

In order to use these Services you must accept the terms and conditions by clicking “I Agree“.

These terms and conditions may be amended at any time.

Purpose

• You may use the Services to make online payments to Drive Electric Incorporated Society (“Drive Electric”) provided that you do not In any way damage or disrupt the operation of the Services or attempt to use the Services for any other purpose.

Your warranties

• You warrant that (a) You are aged 18 or over and are authorised to accept these terms and conditions; (b) The credit card used in connection with the services is issued in your name or is one that you have been authorised to use by your employer; (c) You will pay the credit card issuer all charges incurred in the use of the Services; and (d) The information supplied by you in utilising the Services is true and correct.

Payment

• Payment may be made using only Visa or MasterCard credit cards.
• Drive Electric may contact you to confirm your credit card details.
• All charges are in New Zealand Dollars and inclusive of GST.
• Payments must be made in full.
• When making a payment using the Services, you will be presented with a confirmation screen verifying the transaction details. It is your responsibility to verify that all transaction information is correct. Drive Electric shall have no liability for transactions which are incorrect as a result of inaccurate data entry.
• Once a payment has been made it cannot be retracted. If you wish to request a refund, please see ‘Refunds’ below.
• Drive Electric accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.

Collection and use of information

• You acknowledge that the credit card information supplied by you in relation to the use of the Services is processed through secured third party websites. The only information supplied to Drive Electric via the third party websites is:
  • The name of the payer and/or the organisation.
  • The invoice number.
  • The first four and last three digits of the credit card (for validation purposes).
  • The payment amount.

• By using the Services you agree:
  • To provide information through electronic means.
  • That the information supplied by you will be retained in electronic form.
  • To receive information through electronic means.
  • That Drive Electric may collect information about you (including information about payments processed by you using the Services). Any such information collected shall be treated in accordance with Drive Electric’s Privacy Policy, and the Privacy Act 1993.
  • That although payments using the Services are made through secure third party websites, internet transmissions may not be entirely secure and any information provided by you may be able to be intercepted by third parties.
  • That Drive Electric shall have no liability to you for the interception of any information provided by you.

Refunds

• Requests for refunds must be made in writing together with evidence that you have paid more than the outstanding amount or have made payment in error. Requests for refunds must be sent to drive@de.fruitpunch.digital.. Any refund will be credited to your credit card account.
• If you wish to cancel your Drive Electric Membership, you may do so in accordance with the Society rules of membership, available here.

Exclusion/limitation of liability

• To the extent permitted by law, Drive Electric does not accept liability for any loss, including indirect losses of any kind which may be suffered or incurred by you from the use of the Services. If, for any reason, Drive Electric is found to be liable to you for any loss which arises as a result of your use of the Services, Drive Electric’s liability shall be limited to the amount paid by you through the Services.

Consumer Guarantees Act 1993

• If the Consumer Guarantees Act 1993 applies to your transaction you may have rights or remedies that are not excluded or limited by the above clause. If you are using the Services for business purposes, the provisions of the Consumer Guarantees Act 1993 are hereby excluded.

Use/availability of Services

• Drive Electric does not warrant that the Services and/or your use of the Services will be error-free, immediate, virus free and/or continuously available or that the information provided through the Services will be complete, accurate and/or up-to-date.
• Drive Electric reserves the right to suspend, amend or cancel the Services at any time either temporarily or permanently.

Governing Law

• These payment terms and conditions are governed by New Zealand law.

DRIVE ELECTRIC INCORPORATED PRIVACY POLICY

Privacy is paramount to Drive Electric Incorporated (Drive Electric) a society incorporated in New Zealand with its registered office at: c/- Baker Tilly Staples Rodway, Level 9, 45 Queen Street, Auckland 1010, New Zealand.

If you have any queries about this privacy policy, please contact us by email to the Chairperson, Mark Gilbert – mark@de.fruitpunch.digital.

Security

Your payment is processed through eWAY Payment Gateway. eWAY secures all your customer and credit-card data with military-grade software and servers, and the highest level of encryption available. Drive Electric Incorporated will not store or transfer any of your credit card information. All data is transferred using eWAY’s secure servers.

Application of Policy
By accessing and using this website, or by using our services or otherwise providing your information to Drive Electric, you confirm your consent to Drive Electric collecting, storing, using, and disclosing your personal information in the manner set out in this privacy policy.

Drive Electric’s privacy policy should be read in conjunction with the Society Rules which can be found here, and the Online Payment Terms and Conditions.

Drive Electric reserves the right to change this privacy policy from time to time by publishing the revised privacy policy on the website. Please check this privacy policy regularly for modifications and updates. If you continue to use this website or services, or if you provide any personal information after changes are made to this privacy policy, this constitutes your acceptance of those changes and the updated privacy policy.

Applicable Law
The protection of the personal information to the extent that you provide it to Drive Electric, either via our website, by email, or otherwise, and whether in connection with activities including membership, subscription renewals, event information, sending you marketing information about our news and updates, services, products, social media pages, and other Drive Electric activities, is governed by New Zealand legislation, including Privacy Act 1993 and the Unsolicited Electronic Messages Act 2007 (the “anti-spam” law).

The Privacy Act 1993 contains a set of information privacy principles, based on the OECD Guidelines, which take a similar approach to many international privacy and data protection laws. The principles are applied by law in a broad range of circumstances. The principles apply to all “personal information”, which means any information about an identifiable living individual. The principles apply to personal information in whatever form it is held, whether electronic, manual or otherwise. They also apply to the collection, holding, use and disclosure of personal information, control the use of unique identifiers, and confer access and correction rights.

Drive Electric follows its legal obligations under the laws applicable in New Zealand. The European Commission has declared New Zealand’s privacy laws to provide an adequate level of protection for personal data, such that New Zealand forms part of a ‘white list’ of countries to which personal data may be freely transferred from the EEA.

Use of Personal Information
Drive Electric may use the personal information that you provide to for the purpose of managing your Drive Electric membership or that of your employer, for corresponding with you, for event information or for sending you marking information about our news, updates, services, products, social media pages and other Drive Electric activities.

Disclosure of Personal Information
Drive Electric may share your personal information with staff and directors. Your information may also be disclosed to our suppliers, business partners, and other third parties associated with Drive Electric in order to undertake the operation of our business. This may include, but not exclusively; replacement of our membership system, allowing a Drive Electric service to be performed, processing of payments, conducting market research and surveys in order to improve the level of services provided to our members and network. Drive Electric will not otherwise use or disclose your personal information except to the extent we are permitted to do so under the Privacy Act.

Electronic Communications
You have the opportunity to unsubscribe or opt out of electronic communications from us by clicking on the link at the bottom of the email or by advising you do not want us to use your personal information for direct marketing purposes by emailing drive@de.fruitpunch.digital.

Right to Access and Request Correction
You have the right under New Zealand privacy law to:

• Receive confirmation that Drive Electric hold personal information about you;
• Access that personal information (subject to the Privacy Act);
• Request the correction of any personal information Drive Electric hold about you (subject to the Privacy Act).

You may request your access to your personal information that Drive Electric hold and/or a correction to that personal information by contacting us using the contact details in this policy. Where you make any such request, the Privacy Act will apply. Without limitation:

• Drive Electric may ask you to put your request in writing and/or satisfy us as to your identity;
• In some circumstances permitted by law, Drive Electric may withhold such information from you.

Cookies
Browser or ‘web’ cookies are small text files that are sent by a website and stored on your computer’s hard drive. Cookies are generally used to improve your experience of a website and to track site usage. Drive Electric may use this data to target advertising which might be of interest to you.

In some cases Drive Electric may also collect your personal information through the use of cookies. When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer.

Cookies are also used to measure traffic patterns, to determine which areas of our websites have been visited, and to measure transaction patterns in the aggregate. Drive Electric use this to research our users’ habits so that we can improve our online products and services.

If you do not wish to receive cookies, you can set your browser so that your computer does not accept them although you may experience a loss of functionality as a result. We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track user movements, and gather broad demographic information.

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.

We may also collect anonymous data (which is not personal information) relating to your activity on our websites (including IP addresses) via cookies, or we may collect information from you in response to surveys. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information constitutes personal information we treat it in accordance with our obligations under this Privacy Policy.

This Privacy Policy was last updated on 15 August 2019.