TERMS & CONDITIONS
MEMBERSHIP RULES
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.
Any capitalised terms not defined in this excerpt have the meaning given to them in the full Society Rules.
17. Admission of Members
17.1. The Society will contain the minimum number of Members required by the Act.To become a Member, a person (Applicant) must:
(a) consent to being a Member by completing application form;
(b) pay a membership fee for the class of Membership applied for;
(c) make themselves (where the Applicant is a natural person) or an authorised representative (where the proposed Member is a corporate personality) available to be interviewed by the Board;
(d) supply any other information the Board reasonably requires.
17.2. 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. The Board is not required to provide reasons for its decision if it does not allow an Applicant to become a Member.
17.3. The membership year of the Society begins on 1 April of every year and ends on 31 March of the next year.
17.4. 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.
18. Type of Members and membership entitlements
18.1. The Membership of the Society will consist of the categories of Membership as determined by the Board from time to time (Categories of Membership). Any change to the Categories of Membership by the Board, including whether certain Categories of Membership will be considered Premium Membership, will need to be approved by a Reserved Majority Vote. The Categories of Membership will not be in conflict with the Act or this Constitution.
19. The Register of Members
19.1. 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 (if there is no record of the date they joined, this date will be recorded as ‘unknown’) and any other information that is required to comply with the Act or any regulation made under the Act.
19.2. If a Member’s contact details change, that Member shall promptly give the new postal or email address or telephone number to the Secretary. If it is brought to the Society’s attention that a Member’s contact details are incorrect, the Society will contact the Member to confirm the contact details and will update the Register accordingly.
19.3. Each Member shall provide such other details as the Board requires to be included in the Register.
19.4. Members shall have, on request to the Secretary, reasonable access to the Register.
20. Cessation of Membership and Disciplinary Process
20.1. Membership of the Society will terminate:
(a) if a Member has failed to pay the annual membership fee due to the Society within 7 Working Days following notice from the Secretary. The Secretary may issue a notice to pay at any time after the date for payment of the annual membership fee (as set by the Board) is passed. The provision does not apply to a Member who is exempt from paying the annual subscription fee;
(b) if a Member is convicted of an offence which, in the opinion of the Board, brings the Society into disrepute;
(c) if a Member resigns by giving notice to the Secretary; or
(d) if a Member otherwise ceases to satisfy the requirements of Membership in this Constitution.
20.2. If, for any reason whatsoever, the Board is of the view that a Member is breaching the Constitution or acting in a manner inconsistent with the purposes set out in this Constitution, the Board will give written notice of this to the Member (Board’s Notice).
20.3. The Board’s Notice must set out:
(a) how the Member is breaching this Constitution or acting in a manner inconsistent with the purposes set out in this Constitution; and
(b) what the Member must do in order to remedy the situation and if the situation is not remedied to the Board’s reasonable satisfaction within 15 Working Days of the date of the Board’s Notice, then it may result in penalties or orders on the Member.
The penalties or orders that may be imposed by the Board pursuant to this clause 20 are:
(i) reprimand;
(ii) suspension for a period of time; or
(iii) termination of Membership.
20.4. The Member must respond within 10 Working Days of the date of the Board’s Notice by giving written reasons of what the Member has done to remedy the situation and why the Board shoud not impose a penalty or order as set out in clause 20.3(b) on the Member (Member’s Response);
20.5. If withing 15 Working Days of the date of the Board’s Notice, the Board is not reasonably satisfied with Member’s Response, the Board may in its absolute discretion by a Majority Vote impose one of the penalties or orders that is set out in this Consistution on the Member (Penalty Notice).
20.6. If the Board imposes a penalty or order on the Member, the Member may appeal using the dispute resoltion provisions set out in clause 37.2 of this Constitution.
20.7. Subjest to an appeal using the dispute resoltion provisions in clause 37.2, if the Board imposes a penalty of suspension under clause 20.3(b), the Members will remain in the Register, but shall not be entitled to exercise the rights Membership during the period of suspension, except that the Member, if they are a Voting Member, may vote on a resolution to liquidate or wind up the Society under clause 36. Upon the expiry of the period of suspension, the Member will revert to and be entitled to exercise the rights of Membership.
20.8. Subject to an appeal using the dispute resolution provisions in clause 37.2, if the Board imposes a penalty of termination of Membership under 20.3(b), the Member will promptly pay all monies and charges due to the Society. Upon expulsion, the Member will be removed as a current member from the Register and not entitled to exercises any rights of Membership.
20.9. Any Member whose Membership has been terminated may only re-apply for Membership after an expiry of 12 months from the date on which the termination became effective. An application for re-admission will be considered in the manner as set out in clause 17.
20.10. Any member whose Membership ceases under this Constitution shall not be entitled to any refund of subscriptions, levies or fees.
21. Obligations of Members
21.1 All Members (including all Executive Officers) shall promote the purposes of the Society and shall do nothing to bring the Society into disrepute.
22. Use of Property
22.1. The Society may own real and personal property of the Society if:
(a) it is for a purpose of the Society;
(b) it is not for the sole personal or individual benefit (financial or otherwise) of any Member; and
(c) that use has been approved by a two-thirds Majority Vote of the Executive Officers present and voting on the resolution. If the special resolution is not approved by the Board, then it will be referred to a vote of the Voting Members and will need to be approved by a Reserved Majority Vote.
23. Private Pecuniary Profit
23.1. No Member 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.
23.2. Any such income paid shall be reasonable and relative to that which would be paid for fair market value on arm’s-length terms (as defined in section 24 of the Act). The provisions and effect of this clause shall not be removed from this Constitution and shall be included and implied into amended or new Constitution.
The Incorporated Society Rules were last updated on 4 September 2025.
online payments
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 so prior to clicking “I Agree” you should ensure that you are familiar with the latest version of these terms and conditions / we will note next to the link to these terms [where?] the date that they were last updated, by making a payment after these terms have been updated we assume that you agree to the updated terms. If you do not agree to the terms then please do not make the payment.
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); and
- the payment amount.
- Please refer to the Privacy Policy below for more information about how your personal information is collected, stored, processed and used.
- 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 2020.
- 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; and
- 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@driveelectric.org.nz. 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 indirect losses or any consequential loss 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.
- 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.
website information
The content on this website is provided as general information for personal use only. It is not intended to be advice which is relied on.
Although we take reasonable steps to ensure accuracy and to update the information featured within the “Resource Hub” or “Resources” sections of the website , Drive Electric Incorporated Society (“Drive Electric”) makes no representations, warranties or guarantees, whether express or implied, that the content featured within these sections is accurate, complete or up to date.
Drive Electric, or our suppliers own copyright in the contents of this website and the information published on it. No part of this website, or any Drive Electric materials, may be distributed or copied for any commercial purpose. You are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without Drive Electric’s prior written consent.
This Website Information Policy was last updated on 4 March 2025.
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, Kristen Corson – kristen@driveelectric.org.nz.
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. If you do not agree to the terms of this privacy policy, you should not use this website, our services, or otherwise provide information to Drive Electric.
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, is governed by New Zealand legislation, including Privacy Act 2020 (the “Privacy Act”) and the Unsolicited Electronic Messages Act 2007 (the “anti-spam” law).
The Privacy Act 2020 contains a set of information privacy principles, which govern how organisations can collect, store, use and share personal information. “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.
Drive Electric follows its legal obligations under the laws applicable in New Zealand.
Collection of Personal Information
We may collect personal information from you, including through your use of this website and in email communications. This information could include your name, email address and other information you provide to us, for example when signing up to receive communications from us, or for other Drive Electric activities, and your IP address and other information relating to your interactions with our website and systems (see ‘Cookies’ below). Where you do not provide personal information to us we may not be able to provide the services information or support that you may be seeking from us.
Use of Personal Information
Drive Electric may use the personal information that you provide to us for the purpose of improving your browsing experience, managing your Drive Electric membership or that of your employer, for subscription renewals, for corresponding with you, for event information or for sending you marketing information about our news, updates, services, products, social media pages and other Drive Electric activities.
Disclosure of Personal Information
Drive Electric may share your information with 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@driveelectric.org.nz.
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 a copy of 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 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 4 March 2025.
