Part 1 –Terms and Conditions

By accessing and using the Saveawatt Product you agree, without qualification, to these Terms and Conditions (which includes the Privacy Policy set out in Part 2 and the Direct Debit Conditions set out in Part 3 (where applicable)). Saveawatt will require Users to “accept” these Terms and Conditions (i.e., by clicking an ‘Accept Terms and Conditions’ button before they can access the Saveawatt Platform or create a Saveawatt Account. Please read these Terms and Conditions carefully. If you do not agree to be bound by these Terms and Conditions, you must not access, or must stop accessing, the Saveawatt Product.

Definitions

‘Energy Retailer’ means a person or corporate that is carrying on any business with the purpose of being a “retailer”, (as that term is defined under the Electricity Industry Act 2010), and is registered as an “industry participant” (as that term is defined under the Electricity Industry Act 2010) on the register of industry participants maintained by the Electricity Authority under section 27 of the Electricity Industry Act 2010.

‘Enterprise’ means any business, company or organisation (including Energy Retailers) with which we have entered into a services agreement that allows that entity to operate and provide services within the Saveawatt CMR Platform, send messages and receive responses and to otherwise exchange information with Users.

‘personal information’ means:

  1. any information, data, information, records, lists and configurations or communications (including compilations of the foregoing) that relate to or concern you;
  2. any information that identifies, or may identify, you as an individual, or from which your identity could be reasonably ascertained, including personal information as defined in the Privacy Act 1993; and
  3. information about your digital devices used to access the Saveawatt Product and about your use of the Saveawatt Product (such as your IP address, location, browser type and user name).

‘our’, ‘us’, and ‘we’ means Save A Watt New Zealand Limited, a registered company in New Zealand with company number 5845387.

‘Saveawatt Account’ means the personal account you create to access and use the Saveawatt Product, with your own personalised log in details and functions.

‘Saveawatt Product’ means the Saveawatt CMR Platform incorporating the MyWave Personal Assistant (also known as ‘Frank’), your Personal Cloud or any other services offered by us as part of the Saveawatt CMR Platform.

‘Third Party Services’ means those third party services offered as part of or under the Saveawatt CMR Platform by an Enterprise.

‘User’ means an individual user of the Saveawatt CMR Platform who has created a Saveawatt Account to use the Saveawatt Product allowing such individual to receive messages and notifications, send responses and share personal information with us and Enterprises.

Entire agreement

These Terms and Conditions form the entire agreement between us and you relating to your access and use of the Saveawatt Product.

Commencement and termination

You will need to create a Saveawatt Account in order to use the Saveawatt Product. These Terms and Conditions commence from the date you create your Saveawatt Account and accept these Terms and Conditions and will continue in full force and effect until its termination. These Terms and Conditions will cease to apply after either you or Saveawatt terminate or delete your Saveawatt Account

Modifying terms

We reserve the right to modify these Terms and Conditions (excluding Part 2 (Privacy Policy) which may be modified in accordance with the terms of the Privacy Policy) at any time by notifying Users of the existence of the amended Terms and Conditions through the Saveawatt Product. By continuing to access the Saveawatt Product, you agree to be bound by the amended Terms and Conditions.

Restrictions on who can use Saveawatt Product

Any person under the age of thirteen (13) years cannot use the Saveawatt Product. Any person between the ages of thirteen (13) and sixteen (16) years cannot use the Saveawatt Product without a parent or legal guardian’s permission.

Privacy Policy and personal information

You are asked to provide personal information in order to register to access and use the Saveawatt Product and may be required to disclose your personal information to us and an Enterprise in order to take advantage of certain services offered under the Saveawatt Product. We maintain a Privacy Policy set out in Part 2, which explains how we handle your personal information. You consent to the disclosure of your personal information to us and third party Enterprises in connection with the uses and purposes contemplated by the Privacy Policy.

Registration and accounts

By registering to use the Saveawatt Product and creating a Saveawatt Account, you consent to receiving through opt in, marketing, promotional and other material by way of electronic messages from us but you will get no spam, no pop-up ads and we do not sell your data. You will ensure that all usernames and passwords required to access the Saveawatt Product are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your Saveawatt Account to another User or maintain more than one Saveawatt Account with us without our consent. We will not be liable for any loss or damage arising from your failure to protect your password.

Users outside New Zealand

The Saveawatt Product is operated by Save A Watt New Zealand Limited from New Zealand. The information made available and accessible through the Saveawatt Product may not be appropriate or available for use in other jurisdictions. If you choose to access the Saveawatt Product from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

Copyright and trade marks

The contents of the Saveawatt Product are the copyright of us or third party suppliers to us. No part of the Saveawatt Product may be distributed or copied for any commercial purpose and 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 our prior written consent. You may not frame any part of the material of the Saveawatt Product by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any such material.

Linking

The contents of the Saveawatt Product may include links to Third Party Services or third party materials, for example the website of an Enterprise. We will not be responsible for the content of any third party linked sites or materials or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties, including Enterprises and the utilisation of any Enterprise services. The linked sites and materials are provided to you only as a convenience, and the inclusion of any linked site or material does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to the Saveawatt Product and you agree to remove or cease any link upon our request.

Advertising

Any dealings with any advertiser appearing on the Saveawatt Product are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

Authority to act

By installing the Saveawatt Product and accepting the Terms and Conditions, you are appointing Saveawatt to act as your duly authorised agent to perform the following functions:

  1. Obtain access, use and store (in your Saveawatt Account) all information an Energy Retailer would usually provide you with in the normal course of business and in accordance with the Energy Retailer’s obligations under the Electricity Participation Code 2010.
  2. Access your personal information for the purposes of allowing you to utilise the Saveawatt Product.
  3. Redirect your email correspondence received from your current Energy Retailer (as varied from time to time) to your Saveawatt Account.
  4. Change your Energy Retailer.
  5. Accept or reject supply contracts from your current or future Energy Retailer.
  6. Establish bill payments for your Energy Retailer using Direct Debit or Credit Card details you have submitted on the Saveawatt Product.Should you elect to pay your energy bills using the direct debit option within the Saveawatt Product you accept the Direct Debit Conditions which set out the authority to accept Direct Debits (as set out in Part 3 to these Terms and Conditions).

Communication tools.

If you use any communication tools available through the Saveawatt Product (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Saveawatt Product, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other Users of the Saveawatt Product, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Saveawatt Product, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Saveawatt Product are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: support@saveawatt.co.nz

Lawful use

You agree to use the Saveawatt Product only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Saveawatt Product by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption of the Saveawatt Product.

You must not post or transmit via Saveawatt any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.

To the extent permitted by the law, you are solely responsible for any breach of your obligations under these Terms and Conditions and for the consequences of any such breach, including any loss or damage which we or any third party may suffer. We will have no responsibility to you or to any third party in respect of such breach.

Our liability

The limitations contained in this “Our liability” section do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. In the event that we are liable to you for direct losses arising from our breach of these Terms and Conditions or for our negligence, our liability is limited to $500.00 for one event/incident or $1,000.00 for a number of events/incidents within any 12 month period. These limitations do not apply to any loss or damage caused by fraud, wilful breach or wilful damage.

We are not liable for:

  1. any loss that is caused by you;
  2. any loss that results from your failure to take reasonable steps to avoid or minimise your loss; and/or
  3. any loss of data, profits or any consequential, indirect or special damage, suffered by you or any other person.

We are not liable to you for failing to provide the Saveawatt Product or not being able to meet our responsibilities to you under these Terms and Conditions in situations where the events, including the impact of those events, are beyond our control (i.e., a force majeure). This could include, for example, an act of God, earthquake, terrorism, strike or a shortage of suitable labour or materials.

Your liability

You accept liability to us for your breach of these Terms and Conditions or negligence (to the extent that the loss or damage is not caused by us) provided your liability for these events/incidents is limited to $500.00 for one event/incident or $1,000.00 for a number of events/incidents within any 12 month period. This limitation does not apply to your liability for any loss or damage caused by your fraud, wilful breach or wilful damage.

If we become aware that we have suffered loss before you do, we agree to take reasonable steps to avoid or mitigate our loss and that you are not liable for any loss that results from our failure to take reasonable steps to do so.

Terminating an account

You may terminate your Saveawatt Account at any time. We reserve the right to delete, suspend or deactivate your Saveawatt Account immediately or at our sole discretion if you breach any of the provisions of these Terms and Conditions.

When your Saveawatt Account is deleted, this will remove all records directly held in your Saveawatt Account and Personal Cloud from our servers, including all of your personal information. Please note that we do not have any control over the way that any third parties, including Enterprises, store your personal information beyond the Saveawatt servers, even if they have initially received that information via Saveawatt. If your personal information has been transferred to a third party, termination of your Saveawatt Account may not result in the deletion of your personal information that is held by that third party.

General

If at any time we do not enforce any provision of these Terms or Conditions, or grant you time or any other indulgence, we will not be construed as having waived that provision or our rights to later enforce that, or any other, provision of the Term or Conditions. Further, if any part or provision of these Terms and Conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining Terms and Conditions will continue to be binding on the parties. These Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.

Part 2 – PRIVACY POLICY

As part of the provision of the Saveawatt Product, we will collect and store your personal information in your own Personal Cloud. However, we operate on the principle that you control your personal information and decide to whom your personal information is shared and for what purpose. The protection of your personal information is fundamental to the way we operate and we are committed to providing a secure environment for you to store your personal information and share it with others.

Our Privacy Policy is intended to describe, in a clear, transparent and ‘plain English’ manner, the types of personal information we will, or are likely to, collect and store, the choices you can make about your personal information, how we use it and how we protect it. This is so that you are aware at all times where and how your personal information is being used. These terms reflect our business model, where Saveawatt puts you in control of your personal information allowing you to obtain personalised experiences anytime, anywhere, on any device.

We are also required to comply with New Zealand privacy law and this Privacy Policy gives effect to our compliance obligations.

1. How do we collect your personal information?

1.1 On most occasions, we collect your personal information directly from you or through your use of the Saveawatt Product. For example, personal information may be:

  1. provided by you through your registration to use the Saveawatt Product and creation of your Saveawatt Account; and
  2. provided to us by you through any other method (such as the uploading of submitting of personal information in your use of the Saveawatt Product or through correspondence).

1.2 Failure by you to provide personal information when requested or required by us or the Saveawatt Product may result in the Saveawatt Product or certain services not being available to you.

1.3 We may also collect your personal information:

  1. from an Enterprise, to the extent that the Enterprise is authorised to disclose your personal information to us; and
  2. from any other entity, thing or process that is authorised to disclose your personal information to us,and by using the Saveawatt Product and agreeing to the Terms and Conditions you expressly authorise the collection of your personal information from these sources.We may also collect aggregated information generated by our systems, which tracks traffic and usage of the Saveawatt Product but does not relate to you personally (see section 6 below).

1.4 Note that if you provide us with personal information about someone else, for example, your dependants, you must tell them about our Privacy Policy and ensure that they expressly authorise their personal information being disclosed to us.

2. What are log files and what do they do?

We use log files in order to enhance your experience with the Saveawatt Product and to analyse trends. Log files gather information, such as which URL you just came from, which URL you visit next, what browser you are using and your IP address. This information is used to analyse trends and to administer and operate the Saveawatt Product.

3. What happens if I use the public postings functions of the Saveawatt Product?

The information that you choose to make public via your use of the Saveawatt Product is able to be viewed by other Users of the Saveawatt Product. If you use the discussion forum or any other public communication function available in the Saveawatt Product, be aware that any personal information that you submit on or through these functions can be viewed and used by other Users of the Saveawatt Product. We take no responsibility for any information submitted in this manner. Further requirements in relation to postings are set out under the ‘Communications Tools’ heading in the base provisions of the Terms and Conditions.

4. Do we collect any other forms of information?

We will have access to and may use other information, such as the number of Users, traffic patterns and demand for the Saveawatt Product, for the purpose of monitoring server and software performance as well as for our other internal purposes. Further, we may collect information about all system interaction between the Saveawatt Product and Users while they are logged in or using the Saveawatt Product. This information is owned by us and may be used to verify actions taken by a User or to better understand the behaviour of Users in order to improve the Saveawatt Product.

5. How do we use your information?

5.1 You control your personal information. However, unless instructed otherwise, your personal information may be used by us (and our employees, officers, agents, contractors and affiliates as defined below) for the following purposes:

  1. for verifying your identity for use of the Saveawatt Product, to conduct address verification or credit checks for invoicing and billing purposes and to enrich your experience and search ability;
  2. to assist in providing better services to you by tailoring the Saveawatt Product to meet your needs;
  3. to provide you with further information about us or other goods or services offered by us or our related companies or which we consider may be of interest to you;
  4. to provide you with information relating to any Third Party Services offered by an Enterprise;
  5. to carry out marketing, promotional and publicity purposes (including direct marketing), market research and surveys through opt in by you;
  6. to keep the Saveawatt Product relevant and of interest to Users;
  7. to show you advertising and information that is most relevant to you and your interests through opt in;
  8. for analysis in aggregate form (with identifiable characteristics removed so that you will remain anonymous);
  9. to allow Energy Retailers to create and tailor electricity offers to you and administer your switches between Energy Retailers; and
  10. for any other purpose which is stated to you at the time of collection or that you otherwise authorise.

6. To whom can we share or disclose your personal information?

6.1 In relation to personal information we:

  1. will not disclose your personal information that we hold other than as set out in this Privacy Policy or as otherwise authorised by you;
  2. may disclose your personal information to our affiliates (which means any person or other entity which directly or indirectly controls, is controlled by or is under common control with us) for the purposes set out in this Privacy Policy;
  3. may disclose information about you, including your personal information, to our contractors and suppliers to enable them to provide services and products to us in relation to the Saveawatt Product, including transaction processing services, hosting services and support services; and
  4. may disclose such information about you, including your personal information, to Energy Retailers as part of our provision of services to you and your use of the Saveawatt Product; and
  5. reserve the right to disclose your personal information when we believe it is appropriate to comply with the law, facilitate court proceedings or protect our rights.

6.2 You may choose to share your personal information with an Enterprise or Enterprises. You may elect to do so using the functions of the Saveawatt Product and upon such election, you authorise us, through the Saveawatt Product, to disclose the specified personal information to the specified Enterprise or Enterprises.

6.3 In the event that you choose to share personal information with an Enterprise, we encourage you to read and understand the privacy policies of that Enterprise prior to electing to share any personal information to them. Our Privacy Policy applies to the Saveawatt Product and your personal information that we hold only and we are not responsible for any personal information you choose to make available to an Enterprise as a third party or the privacy practices of such Enterprise.

6.4 Information collected through the Saveawatt Product that is not personal information is owned by us and may be disclosed by us. We may share aggregated demographic information about our base of Users with our affiliates, partners and advertisers.

How secure is your personal information?

We take all reasonable technical and organisational precautions to prevent the loss, misuse or unauthorised alteration of your personal information. Security and privacy are of paramount importance to us and ensuring the Saveawatt Product is as secure as possible is a core goal. The Saveawatt CMR Platform has been implemented with a security checklist covering the underlying operating system, the application source code and data transmission. We continue to update our checklist based on best practice and security watch lists like the Web Application Security Consortium and The Linux Foundation recommendations. We also carry out regular security and penetration testing.

At a high level our security checklist includes, but is not limited to, ensuring that all communications must be encrypted and transmitted over a secure transport and encypting all files systems used by the Saveawatt CMR Platform and all the data stored in your Personal Cloud. However, no method of transmitting information over the Internet or of storing it electronically is totally secure. Therefore, due to the nature of the Internet and digital services such as your Personal Cloud, we cannot guarantee the privacy or confidentiality of your personal information. If we discover a security incident that compromises your personal information, we will notify you about it as soon as practicable.

When you provide us with personal information, that information may be collected, stored and processed on servers located outside of New Zealand.

8. What rights of access to and correction of my personal information do I have?

As the owner of your personal information, you have access to your personal information that we hold through your Personal Cloud. The Personal Cloud provides a degree of functionality to access, update and remove your personal information.

As the owner of your personal information, you may also request the correction, or deletion of, your personal information, or any part of it, at any time. However, some aspects of the Saveawatt Product, including the Third Party Services, may no longer be available to you if we, or an Enterprise, cannot access your personal information.

9. How accurate is your personal information?

We take all reasonable steps to ensure that the personal information we store, use and enable you to share is accurate, complete and up to date. However, the accuracy of that information largely depends on the details you give us. Please let us know if there are any errors by simply updating to make any changes.

10. What happens if we need to act outside of the terms of this Privacy Policy?

If our intended collection, use or disclosure of your personal information is outside the collection, use or disclosure set out in this Privacy Policy we will give you the option to opt out and not receive certain aspects of the Saveawatt Product, or opt in.

11. What happens if we sell the Saveawatt Product?

In the event of a change in ownership of all or a portion of Save A Watt New Zealand Limited or the Saveawatt Product, your personal information may be transferred to the new owner so that the Saveawatt Product can continue operations. In this event, your information would remain subject to this Privacy Policy.

12. What if you are outside of New Zealand?

The information we collect may be processed in and transferred between your location and New Zealand. New Zealand may not have equivalent data protection laws to those in force in your location.

13. Can we change the Privacy Policy

We reserve the right to make changes to our Privacy Policy or alter the functionality of the Saveawatt Product. Any changes made will be updated in this Privacy Policy accordingly, and we will notify you of the latest information on our privacy practices.

14. How can you contact us?

If you have any questions about our Privacy Policy, or any other matter, please feel free to contact us on support@saveawatt.co.nz.

You can obtain further general information about your privacy rights and privacy law from the Office of the Privacy Commissioner in New Zealand by calling their Privacy Hotline on 0800 803 909, e-mailing them at enquiries@privacy.org.nz or visiting their website at www.privacy.org.nz.

Part 3 – DIRECT DEBIT CONDITIONS

In this Part 3:

Authority means the direct debit authority granted by you to the Initiator under the direct debit option within the Saveawatt Product and in accordance with these Direct Debit Conditions.

Bank means your bank as identified by you under the direct debit option within the Saveawatt Product.

Customer means you.

Initiator means the relevant Electricity Retailer identified by you as the recipient of this Authority under the direct debit option within the Saveawatt Product.

1. The Initiator:

  1. Will not initiate a direct debit on my/our account unless authorisation is received from me/us in accordance with the terms and conditions agreed between me/us and the Initiator of each amount to be debited from my/our account.
  2. Has agreed to send notice of the net amount of each direct debit and the due date of debiting after receiving authorisation from me/us under clause 1(a) above no later than the date the direct debit will be initiated. This notice must be provided either:
    1. in writing; or
    2. by electronic mail where the Customer has provided prior written consent to the InitiatorThe notice will include the following message: “the amount $………. was direct debited to your back account on (initiating date).”
  3. May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further direct debits are to be initiated under the Authority. Upon receipt of such notice the Bank may terminate this Authority as to future payments by notice in writing to me/us.

Or

  1. Has agreed to give written advance notice to the Customer of the net amount of each direct debit and the due date of the debiting at least 10 calendar days before (but not more than two calendar months) the date when the direct debit will be initiated. This advance notice must be provided either:
    1. in writing; or
    2. by electronic mail where the Customer has provided prior written consent to the InitiatorThe advance notice will include the following message:–“Unless advice to the contrary is received from you by (date*), the amount of $…….., will be direct debited to your Bank account on initiating date*).”*This date will be at least two (2) days prior to the initiating date to allow for the amendment of direct debits.
  2. May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further direct debits are to be initiated under the Authority. Upon receipt of such notice the Bank may terminate this Authority as to future payments by notice in writing to me/us.

2. The Customer may:

  1. At any time, terminate this Authority as to future payments by giving written notice of termination to the Bank and to the Initiator.
  2. Stop payment of any direct debit to be initiated under this Authority by the Initiator by giving written notice to the Bank prior to the direct debit being paid by the Bank.
  3. Where a variation to the amount agreed between the Initiator and the Customer to be direct debited has been made without notice being given pursuant to clause 1(a) above, the Customer may request the Bank to reverse or alter any such direct debit initiated by the Initiator by debiting the amount of the reversal or alteration of the direct debit back to the Initiator through the Initiator’s bank, provided such request is made not more than 120 days from the date when the direct debit was debited to my/our account.

3. The customer acknowledges that:

  1. This Authority will remain in full force and effect in respect of all direct debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this authority until actual notice of such event is received by the Bank.
  2. In any event this Authority is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.
  3. Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the direct debit has not been paid in accordance with this Authority. Any other disputes are between me/us and the Initiator.
  4. Where the Bank has used reasonable care and skill in acting in accordance with this Authority, the Bank accepts no responsibility or liability in respect of:
    1. the accuracy of information about direct debits on Bank statements
    2. any variations between notices given by the Initiator and the amounts of direct debits
  5. The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to give written advance notice correctly nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.

4. The Bank may:

  1. In its absolute discretion conclusively determine the order of priority payment by it of any monies pursuant to this or any other authority, cheque or draft properly executed by me/us and given to or drawn on the Bank.
  2. At any time terminate this Authority as to future payments by notice in writing to me/us.
  3. Charge its current fees for this service in force from time-to-time.
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