The Energy Collective

Terms of use

Effective from 15 September 2022

These Terms (the “Terms”) set out the general terms governing your use of The Energy Collective's website (the "Website").

1. Application of these terms

1.1

By accessing this Website you agree to be bound by these Terms.

1.2

The Terms may be updated from time to time without notice. If at any time you do not agree to these Terms, please refrain from using the Website. If you continue to use the Website after any changes are made to these Terms, then you will be deemed to have agreed to those changes.

2. Privacy

2.1

We will comply with our obligations under all applicable privacy laws.

3. Confidentiality & Security

3.1

The physical security of your device is your responsibility and you are responsible for ensuring the security of the personal information held on your mobile or other device.

3.2

You must also always adhere to the relevant manufacturer's software and support requirements to ensure your devices are covered by the latest software and security updates.

3.3

If you are connecting to the Website via a wi-fi network, you must always use a trusted network.

4. Links

4.1

The Website may contain links to external websites or resources. These links are provided for your convenience and the inclusion of them on the Website does not mean that we endorse those sites or resources. We accept no responsibility or liability in relation to any content or security of any other website or resource, and you acknowledge that you access them at your own risk.

5. Copyright

5.1

The Website are comprised of underlying code and software and may include at any given time video clips, sound clips, text, graphics, logos, images, icons and data (together, the " Content"). The Content is the property of The Energy Collective, our affiliates or third parties with whom we do business.

5.2

You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works of, or use any of the Content available on or through the Website for commercial or public purposes, unless otherwise indicated on the Website or unless we have given you express written permission to do so.

6. Disclaimers

6.1

With the exception of the specific promises we make in separate agreements to which you are a party, you understand and agree that:

Your use of the Website and its content is at your own risk.
The Website is provided "as is" and on an "as available" basis. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.
We make no guarantee of any specific results from the use of the Website.
While we do our best to ensure the Website are secure, we provide no warranty or guarantee that the Website is free of viruses, malicious computer code or other forms of interference that may damage your computer or any other device, or that access to the Website will be uninterrupted, timely or secure.
Your use of the Website may be subject to delay or interruption. We accept no liability for any disruption or non-availability of the Website due to maintenance, technical or operational requirements or where this results from external causes including, but not limited to, Internet Service Provider equipment failure, host equipment failure, communications network failure, power failure, natural events or legal restrictions and censorship. We may also restrict or block your access to and use of our Website at any time if we reasonably believe that you may have breached any provision in these Terms, or used the Website in breach of any legislation, for any unlawful act, or to damage or disrupt any online service offered by us.
We may vary the information, change or remove functionality and issue new versions of the Website at any time without notice.

7. Limitation of liability

7.1

With the exception of the specific promises we make in separate agreements to which you are a party, you understand and agree that:

Your use of the Website and its content is at your own risk.

excludes all warranties and liabilities (including any consequential loss) that may apply to your access and use of, and your attempted access and use of, the Website;
is not in any other way liable to you for any loss or damage of any nature arising from your use of the Website or any information contained in it.

7.2

Nothing in these Terms excludes, limits or modifies a consumer's rights under the Consumer Guarantees Act 1993.

8. Indemnity

8.1

You indemnify The Energy Collective and agree to keep The Energy Collective indemnified against all claims, damages, actions, proceedings, expenses (including legal costs) losses and liabilities (including all fines, penalties and other charges) whether in contract, under statute, in tort (including negligence) (Liabilities) which The Energy Collective suffers or incurs arising directly or indirectly from any use of the Website by you or by any person through your mobile device (including unauthorised use if you have failed to comply with these Terms).

9. Electronic Communications

9.1

You consent to receiving communication from us electronically and you agree that all agreements, notices and disclosures satisfy any legal requirement that such communication be in writing. You agree for the purposes of the Electronic Transactions Act 2002 to be bound by any agreement reached through electronic means.

10. Linking to our site

10.1

You may not in any way link to our Website without our prior written consent. If you wish to link to our Website or make use of its content, please send a request via the ‘contact us’ link on our website. We reserve the right to withdrawal any linking without notice.

11. No waiver

11.1

If we do not exercise or enforce any right available to us under these Terms, it does not in any way constitute a waiver of those rights.

12. Severability

12.1

If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from any remaining terms under other agreements between us, which shall continue in full force and effect.

13. Governing law

13.1

These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.

14. Communication

14.1

If you have any questions or concerns relating to these Terms, please contact us via the ‘contact us’ link on our website.