Introduction
1. These terms and conditions set out the terms on which Meridian Energy Limited (“Meridian”) and you will participate in Meridian’s virtual power plant pilot programme (the “Programme”), also known as the Smart EV Charging Trial.
2. The Programme will start on 1 July 2023 and run for 4 months (the “Term”). The Term may be extended by Meridian on prior written notice and with your permission. If you are likely to move house or electricity suppliers during the Term, the Programme is not suitable for you.
3. Once executed by both parties, these terms and conditions shall be subject to, and shall form part of, the terms and conditions that govern our supply of electricity to you.
4. Nothing in these terms and conditions impacts any terms and conditions of electricity supply that apply between you and Meridian, as your electricity retailer.
Eligibility Criteria
5. We will only enter into these terms and conditions with you if you meet the following eligibility criteria:
- a. you own a permitted electric vehicle (being a Tesla, BMW, Audi or Volvo electric vehicle);
- b. your electric vehicle is predominately charged at your home premises with an electric vehicle charger;
- c. you have continuous and stable broadband services at your premises; and
- d. you have a smart meter at your premises; and
- e. you must acquire electricity retail services from us or enter into an electricity supply agreement with us prior to the commencement of the Term if you are not already acquiring electricity retail services from us.
6. You must continue to meet the eligibility criteria at all times during the Term.
Payment for participation in the Programme
7. In exchange for you participating in the Programme, and provided you use your EV charger at least 8 times during each month of the Term without opting out via the ‘Boost’ function on the pilot app or your vehicle manufacturers app, we agree to provide you with a monthly payment of $34.50, which will be applied as a credit to your monthly electricity invoice with us.
8. If you do not comply with your obligations under these terms and conditions, we may suspend any credit we provide to you until you comply with your obligations to our satisfaction.
You give us control of the EV Charger / Meridian obligations
9. In order to participate in the Programme, you agree to download and install the pilot mobile app available in the App Store or GooglePlay Store, or otherwise provided to you for download.
10. You understand that as part of participating in the Programme we may remotely access and control your EV charger and that at our discretion we may charge, discharge or maintain energy in your EV charger, including turning off your EV charger for periods of time.
11. We must ensure that your household power supply will not be interrupted as a result of us accessing or controlling your EV charger.
Monitoring and maintenance of the EV charger
12. You must maintain the EV charger and use reasonable endeavours to ensure it remains fully operational at all times during the Term.
13. You agree to us monitoring, controlling and managing your EV charger during the Term for the purpose of the Programme.
14. Please notify us if you identify a fault or problem with your EV charger promptly following you becoming aware of it (in case we have been unable to identify it).
15. You must take reasonable steps to ensure that all faults or defects with the EV charger are repaired or rectified promptly.
Your other obligations
16. You must:
- a. let us know if you or someone at your premises is medically dependent on power;
- b. to the extent that it is within your control, ensure that your EV charger is connected to the internet;
- c. ensure that no person is permitted to control your EV charger other than us or tamper with, or permit tampering with, or override our instructions to you in relation to your EV charger;
- d. pay all the energy charges used by your EV Charger associated with the Programme and during the Term;
- e. let us know immediately if any of your details or circumstances change (including if you move from, or sell, your premises), or if you no longer meet the eligibility criteria;
- f. provide us access to your premises at reasonable times if we need access in connection with these terms and conditions or the Programme (we will contact you first to organise a suitable time); and
- g. agree that communications about the Programme will be by SMS or email.
17. Meridian has engaged Kaluza Limited (“Kaluza”) to provide services associated with the Programme. You agree to comply with Kaluza’s End User Licence Agreement and Kaluza’s privacy policy (incorporated into Kaluza’s End User Licence Agreement), provided to you when you download and install the pilot mobile app.
18. During the Term and at the end of the Programme, you agree to participate in any surveys, interviews or other reasonable requirement of Meridian’s in relation to your participation in the Programme.
19. You agree that, to the extent permitted by law, any applicable warranties, guarantees or obligations under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or the Contract and Commercial Law Act 2017 are excluded from these terms and conditions.
Our liability to you
20. We accept liability to you to the extent we cause that loss or damage or breach these terms and conditions. However, to the extent permitted by law, we are not liable to you for any:
- loss or damage in connection with or arising out of these terms and conditions other than as described above;
- loss of profit, revenue or anticipated savings, or any special, incidental or punitive damages; or
- loss or damage to the extent it results from your failure to take reasonable steps to avoid or minimise your loss or damage.
21. Our total maximum liability under these terms and conditions will be limited to $10,000 for any single event or series of related events.
Your privacy and data
22. We will collect, use, hold and disclose information and data from your EV charger in connection with the Programme. We may disclose this information to our agents, contractors and other third parties (such as Kaluza and other software providers) in connection with the Programme. In order for you to participate in the Programme, you agree we can provide your information and data relating to your EV charger to our agents, contractors and third parties.
23. If you own a Tesla electric vehicle and use the Tesla mobile and web app, you agree to provide us with your customer log-in details for that app so that we can optimise your EV charging schedule via your EV.
24. Where we collect, use or exchange personal information about you with our third-party providers in relation to the Programme, we will do so in accordance with our Privacy Policy, available here.
Termination
25. We may end the Programme and terminate these terms and conditions with you if:
- you breach these terms and conditions;
- you move out of, or sell, the premises;
- you no longer meet any one of the eligibility criteria; or
- by giving you 30 days’ notice if we decide not to continue with the Programme for any reason.
26. You may leave the Programme and terminate these terms and conditions at any time by providing us with at least two weeks’ notice.
27. If these terms and conditions are terminated, we will pro-rata any credit owed to you under these terms and conditions, up to the date of termination.
Changes to these terms and conditions
28. We reserve the right to vary or amend these terms and conditions at any time during the Term. We will provide advance notice of any changes and provide you with an updated copy of these terms and conditions.