Electric Kiwi - Website Terms of Use

These Website Terms set out the general terms governing your use of Electric Kiwi's website (the "Website"). By accessing this Website, you agree to be bound by these Website Terms. The Website Terms may be updated from time to time without notice. If at any time you do not agree to these Website Terms, please refrain from using the Website. If you continue to use the Website after any changes are made to these Website Terms then you will be deemed to have agreed to those changes.

Privacy

We will comply with our Privacy Policy. By using our Website you accept this policy as the way in which we collect, hold and manage your personal information.

Customer Verification

You consent to Electric Kiwi collecting, using and disclosing your personal information for the customer verification purposes fully described in our privacy policy.
By accessing our website and completing an initial application for us to supply services to you, you consent and authorise us upon retailer switch completion to make a one-off debit of $5.00 (Deposit) from your nominated account for our security and verification purposes (this Deposit will be credited against your first invoice as described fully in our terms and conditions).

Services

The services offered by us are not available to minors under the age of 18 or any person who is not qualified to setup an electricity account with us or any person who has been suspended or removed from our Website for any reason. You may not have more than one active account (although you may have multiple active properties with separate billing information under the same account).
You acknowledge that we are not providing any services to you unless and until you have confirmed your agreement to our general terms and conditions.

Accuracy of registration information

You agree to provide accurate, true and complete information about yourself as required by our general terms and conditions.

Confidentiality

It is your responsibility to keep your login details and information about your account confidential. You agree to accept responsibility for all activities that occur under your account and to notify us immediately of any unauthorised use of your account or any other breach of security. We reserve the right to take any action we deem appropriate upon receiving notification from you of unauthorised use of your account or a breach of security.

Cancellation of your account

You are entitled to cancel your account with us by giving us prior written notice in accordance with our general terms and conditions. Following a valid termination of your agreement with us and cancellation of your account, your account will be deactivated or deleted.

Links

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.

Copyright

The Website is 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 "Website Content"). The Website Content is the property of Electric Kiwi, our affiliates or third parties with whom we do business.
You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works of, or use any of the Website 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.

Disclaimers

With the exception of the specific promises we make in separate agreements to which you are a party and in addition to disclaimers contained elsewhere our general terms and conditions, 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.
  • No part of this Website is intended to constitute advice, and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • While we do our best to ensure this site is secure, we provide no warranty or guarantee that the site 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 this site will be uninterrupted, timely or secure.
  • Your use of the Website and Services may be subject to delay or interruption. We accept no liability for any disruption or non-availability of the Website resulting 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.


Limitation of liability

You agree that to the maximum extent permitted by law, Electric Kiwi and its affiliates, officers, employees, agents and partners shall not in any way be liable to you for any loss or damage of any nature arising from your use of the Website or any information contained in it.

Indemnity

You agree to indemnify and hold us (and our officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, arising out of or related to your breach of these Website Terms or any law or the rights of a third party.

Electronic Communications

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.

Linking to our site

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 to info@electrickiwi.co.nz. We reserve the right to withdrawal any linking without notice.

No waiver

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

Severability

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

Governing law

These Website 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 Website Terms.

Communication

If you have any questions or concerns relating to these Website Terms, please contact us at info@electrickiwi.co.nz
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