Terms and Conditions - Privacy Policy

Powerco App Terms & Conditions

Last updated on 23 May 2017

About the Powerco app

The Powerco app is an Apple or Android mobile application that enables Powerco to communicate with users about electricity power cuts (whether planned or unplanned).  It also enables Powerco to conduct surveys, and notify users of Powerco promotions and network safety issues. 

About these terms

By signing up for an account on the Powerco app, you accept these Terms and Conditions, and also the Privacy Policy available below.  Please read these terms carefully.  They make a legally binding contract between you (the person or organisation signing up as an account holder) and us (Powerco Limited, New Zealand company number 1021162). 

If you’re using the Powerco app in the course of your business, these terms contract out of certain rights under New Zealand’s Fair Trading Act and Consumer Guarantees Act.  Otherwise, nothing in these terms takes away from your rights under the Fair Trading Act and Consumer Guarantees Act.

We may change these terms from time to time, including as we change or update the Powerco app.  We will publish these changes on the Powerco app and may also choose to notify you at the contact email address for your account.  The changes will take effect 14 days after we publish them on the Powerco app or any later date that we specify at the time of publishing.  By continuing to use the Powerco app, you’ll be taken to have accepted the latest version of these terms and it’s up to you to check for any changes. 

If you’re not happy with changes to these terms, you can close your account on the Powerco app at any time.

Signing up

To use the Powerco app, you must complete the sign-up process in the app. If you are signing up in the name of an organisation, the individual completing the sign-up process personally undertakes that they have the authority to accept these terms on behalf of the organisation. 

You promise that all information you provide will be true, accurate and correct and you agree to update us promptly if any of that information becomes outdated or is otherwise inaccurate or misleading.  You must not use the Powerco app if you are an individual under the age of 18.

Using your account

You are responsible for protecting your passwords and other login information.  You are responsible for any usage of your account using your login credentials.  You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your account. 

If you use the Powerco app to sign up on behalf of another person, you confirm that you have that person’s authority to do this.  These Terms apply between you and us only, and you acknowledge that we have no responsibility to any person other than you, the account holder.  Nothing in these terms confers a right or benefit on any other person.

Changes to the Powerco app

We can modify, suspend or discontinue all or part of the Powerco app at any time, with or without notice.

Closing your account

We can close your account at any time, with or without a reason, by giving 14 days’ notice to the contact email address listed in your account.

We can close your account any time with or without giving you notice, if you breach these terms and we reasonably consider that the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may have a negative impact on us or our products, services or systems. 

Closure of your account will end the contract between you and us based on these terms.  However, all the remaining provisions of these terms set out below will survive and continue indefinitely.

User content

Where you upload any information or material to the Powerco app (referred to in these terms as User Content), you give us and our contractors and agents permission to store, copy, modify and distribute that User Content as required to operate and maintain Powerco’s electricity and to develop and grow Powerco’s business and community engagement.

Where User Content is uploaded to your User Account, you promise that:

  • The User Content does not infringe any third party intellectual property rights
  • We do not need to obtain any further licence, right or permission from a third party to deal with the User Content as permitted above
  • The User Content complies with any applicable laws
  • Where the User Content relates or belongs to another person, you have obtained all necessary consents and authorisations from that person to use and upload that User Content

Where another account holder uploads User Content that includes personal information about you, you acknowledge that although the information is stored in our systems, it is held by and under the control of the account holder. If you wish to exercise your rights to access that personal information under the Privacy Act 1993, please contact the account holder.

We may choose to delete or block User Content at any time, with or without giving any reason, where we consider it necessary to comply with the law, or to protect ourselves or others from harm or loss.  We may also disclose User Content to others where we reasonably consider it necessary to comply with the law.

Communicating with you

We may send you promotional information about products and services that we think might be of interest to you (including from our selected business partners).  We may do this by email, text message, app notification or any other electronic or physical method.  However, if you ask us not to provide you with this information, we will comply with your request.

Interruptions and errors

Like any online service, we cannot guarantee that the Powerco app will be uninterrupted or error free. It is up to you to take any precautions necessary to ensure you do not incur losses or costs in the event that the Powerco app is affected by an interruption or error.  We are not liable for any loss or corruption of data.

We will use reasonable efforts to ensure that information provided through the Powerco app is accurate and up to date. To the extent permitted by law, we exclude all other express and implied warranties and representations about that information.

However, we do not review or control User Content and are not responsible for its accuracy or completeness.  You are solely responsible for and assume all risk associated with any use or reliance placed on User Content by you and any third parties. 

Intellectual property rights

We own or hold rights to use all intellectual property rights in the Powerco app, including all components of the app, and all content made available through the app from time to time, other than User Content.   You may use the Powerco app as made available by us from time to time, subject to these terms.  This does not give you any rights in the app, or any of its components or content, and you must not copy, modify, adapt, reproduce or republish them. 

Where you provide us with feedback or suggestions about the Powerco app, you promise us that this information is not confidential to you or any other person, and you agree that we can use it as we see fit, without any obligation to you.

Restrictions on using the Powerco app

You must not engage in any commercial exploitation of the Powerco app.  Unless we specifically agree otherwise in writing, you must not say or do anything that may lead others to believe that you are endorsed by or associated with us.

You must not use the Powerco app in a way that infringes the intellectual property, defames someone, breaks the law, or violates the privacy or other rights of any person.

You must not use the Powerco app to:

  • Upload, transmit or distribute any malware or spyware
  • Interfere with or disrupt any servers or networks connected to Powerco
  • Attempt to gain unauthorised access to any Powerco servers or networks, or another person’s account
  • Do anything that would expose us to any liability or cause us to be in breach of any law or regulation of New Zealand or any other jurisdiction

You must indemnify us

As far as permitted by law and without limiting any other rights we may have under these Terms or at law, you agree to indemnify us against all costs, losses, expenses, and liabilities that we suffer or reasonably incur in connection with any third party claim made or brought against us, where the claim is wholly or partly attributable to your breach of these terms. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these terms or unlawful conduct.

Limitations on our liability

As far as permitted by law, we are not responsible for any loss or damage that you may suffer in connection with your use of the Powerco app, except to the extent that we cause or contribute to the loss or damage through our breach of these terms or our unlawful conduct.

As far as permitted by law, we will not be liable to you for any loss of profits, opportunity, business or contract, any indirect or consequential loss, or any exemplary, incidental, special or punitive damages, arising from or in connection with the Powerco app or these terms. 

To the extent that our liability cannot be excluded, our total liability for any loss or damage you suffer in connection with the Powerco app or these terms will not in any circumstance exceed ten New Zealand dollars (NZD$10).  

The limitations and exclusions above apply to all liability (including for negligence), regardless of the legal basis of the claim.  However, unless you’re using the Powerco app in the course of your business, nothing in these terms takes away from your rights under New Zealand’s Fair Trading Act and Consumer Guarantees Act.

Consumer Guarantees Act and Fair Trading Act

To the extent that you are in trade, and are using the Powerco app in trade, you agree that the Consumer Guarantees Act 1993 does not apply to your use of the Powerco app.  We do not provide any guarantees in respect of the Powerco app, other than those expressly set out in these terms.

To the extent that you are in trade, and are using the Powerco app in trade, you agree that: (i) in accepting these terms you have not relied on any representations or other conduct of ours, whether prior to accepting these terms or at any subsequent time; (ii) along with our privacy policy, these Terms are the entire agreement between you and us regarding your use of the Powerco app; and (iii) to the extent necessary to give effect to (i) and (ii) above, you agree to contract out of section 9, 12A, and 13 of the Fair Trading Act 1986.

The two paragraphs above will apply only if and to the extent that it is legally permitted to contract out of the Consumer Guarantees Act 1993 and Fair Trading Act 1986.  In all other respects, your rights under those Acts remain unchanged.

Governing law

These terms are governed by New Zealand law.  You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with these terms and/or the Powerco app. 

General

Our failure or delay in exercising or enforcing any right or provision of these Terms will not operate as a waiver. A finding that any provision of these Terms is invalid or unenforceable will not affect any other part of these terms.  You cannot assign your rights under these terms to any third party, except with our prior written consent.

 

Powerco App Privacy Policy

Last updated on 23 May 2017

This privacy policy sets out how we (Powerco Limited, registered office, Level 2, NPDC Civic Centre, 84 Liardet Street, New Plymouth 4310, New Zealand), will handle personal information we collect about you through the Powerco app.  We can change this privacy policy at any time by publishing an updated version on the Powerco app.

In this privacy policy, ‘personal information’ has the same meaning as in the Privacy Act 1993 (information about an identifiable individual).

About the Powerco app

The Powerco app is an Apple or Android mobile application that enables Powerco to communicate with users about electricity power cuts (whether planned or unplanned).  It also enables Powerco to conduct surveys, and notify users of Powerco promotions and network safety issues. 

What we collect

We collect personal information:

  • When you sign up for an account on the Powerco app, either manually or via Facebook authentication
  • From the Electricity Authority, as necessary to verify your relevant installation control point (ICP) number(s)
  • When you enter or upload information as part of using the Powerco app
  • As you use the Powerco app, in the form of statistics about how you use the app and data on the devices you use to access the app, such as IP address, device ID, and location.

Why we collect it, and what we use it for

We collect and use your personal information for various purposes:

  • To set up your account on the Powerco app, including via Facebook authentication if you choose
  • To determine your ICP number(s) and enable you to use the Powerco app
  • To develop our understanding of our customers’ preferences and interests
  • To assist with resolution of technical support issues or other issues relating to the Powerco app
  • For internal research, development, and optimisation of the Powerco app
  • Targeting our advertising and letting you know about surveys, Powerco promotions and network safety issues (you can opt out at any time)
  • Complying with laws in New Zealand and overseas, where they apply
  • Managing our relationship with you and exercising our rights under our Terms and Conditions for the app

Sharing your personal information

We may provide your personal information to our employees, contractors, advisors, agents and third party service providers, where we believe this is appropriate in helping us with any of the purposes outlined above.  We will take reasonable steps to ensure that those recipients do not use that personal information for any other purpose.

We may also release personal information when we believe this is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities), or to facilitate court proceedings, enforce or apply our Terms and Conditions, or protect our company, our users, or others.

We can also release personal information in other ways permitted by the Privacy Act 1993.

How we store your personal information

We will store any personal information we collect from you in accordance with our obligations under the Privacy Act 1993 and will take reasonable steps to ensure the security of your personal information.  Your personal information may be stored on servers owned by our computing infrastructure service provider (currently Firebase), under an account that we control.

Right to access your information

You have rights under the Privacy Act 1993 to find out what personal information we hold about you, to get a copy of that information, and/or to request corrections to that information. If you would like to do any of these things or for further information about our privacy policy, please contact us at customerservices@powerco.co.nz.

Where we receive information about others from you

If you provide us with personal information about someone else, you must ensure that you are authorised to disclose that information to us, so that, without us taking any further steps required by applicable data protection or privacy laws, we may collect, use and disclose such information for the purposes described in this privacy policy.

This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to obtain access to that information, our identity and how to contact us.

Analytics

To improve the Powerco app and our advertising, we may use patterns and other meaningful information gathered from app analytics tools. This may include the timing and frequency of your use of the Powerco app, your IP address, your location, application performance metadata and other information that you voluntarily enter into the app.

In addition, Powerco may use third party mobile identifiers from Google Analytics and/or Firebase Analytics. This includes features which give us insight into behavioural information relating to visitor age, gender and interests on an anonymous and aggregate level, and who has viewed our advertising on other apps. This helps us to understand browsing behaviour to give a better experience while using our app, and to optimise our advertising, including on and outside our app.  You can access Google's Privacy Policy here

Last Updated: 02 Aug 2017 - 03:57:20