TERMS AND CONDITIONS

energy switch

The following are the terms and conditions of use of the Switchnowsave website and call centre. Please read these terms and conditions carefully before you use the Switchnowsave.co.nz website or call centre.

By using the Switchnowsave.co.nz website or call centre you indicate that you accept these terms and conditions. If you do not accept these terms and conditions you must not use the Switchnowsave.co.nz website or call centre.

1. PARTIES

1. This Agreement is made between you the customer ("Customer") and Switch Now Save Limited, Company No 3616931 registered in New Zealand 66 Sale Street, Auckland 1010 ("Switchnowsave.co.nz");

2. In this Agreement, unless the context otherwise requires:

"Internet"means the global data network comprising interconnected networks using the TCP/IP ("Transmission Control Protocol/Internet Protocol");"Law" means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Switchnowsave.co.nz or the Customer is from time to time subject;"Save-a-Search"means the service that the Customer may register to receive on the Switchnowsave.co.nz website, which is designed to enable the Customer to, amongst other things, save the searches that the Customer conducts through the site;"Service" means the service provided by Switchnowsave.co.nz via the Switchnowsave.co.nz website or call centre whereby the Customer may obtain impartial information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products;"Software" means any proprietary software utilised by Switchnowsave.co.nz to enable the Customer to use the Service;"Supplier" means any supplier of services, products and/or goods selected by Switchnowsave.co.nz from time to time and who is listed on the Switchnowsave.co.nz website.

3. Switchnowsave.co.nz reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on-line. The Customer may terminate the Agreement by written notice to Switchnowsave.co.nz if the Customer does not wish to be bound by such new terms and conditions. Continued use of the Service or the Switchnowsave.co.nz website will be deemed to constitute acceptance of the new terms and conditions.

2. PROVISION OF THE SERVICE

1. Use of the Switchnowsave.co.nz website is currently free. However, Switchnowsave.co.nz reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.

2. The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and Switchnowsave.co.nz shall have no responsibility for transmission of payments to a Supplier.

3. Certain Suppliers will require details of the Customer's credit or debit card and the Customer hereby agrees to provide such details to Switchnowsave.co.nz where necessary and to the forwarding of such details by Switchnowsave.co.nz to the relevant Supplier.

3. PAYMENT

1. Use of the Switchnowsave.co.nz website is currently free. However, Switchnowsave.co.nz reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.2. The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and Switchnowsave.co.nz shall have no responsibility for transmission of payments to a Supplier.3. Certain Suppliers will require details of the Customer's credit or debit card and the Customer hereby agrees to provide such details to Switchnowsave.co.nz where necessary and to the forwarding of such details by Switchnowsave.co.nz to the relevant Supplier.

4. CUSTOMER'S OBLIGATIONS

1. Switchnowsave.co.nz will inform the Customer of any applicable terms and conditions imposed by a Supplier, in relation to the supply of its services, products and/or goods and the Customer agrees to abide by those terms and conditions.

2. The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which may include the creation of a password, in order to have access to Save-a-Search.

3. The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform Switchnowsave.co.nz of any changes to such information.

4. Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately notify Switchnowsave.co.nz if any authorised third party becomes aware of that password. The Customer agrees that any person to whom its user name or password is disclosed is authorised to act as the Customer's agent for the purposes of transacting via the Service. The Customer shall take reasonable steps to prevent unauthorised access to its account via any computer the Customer uses to access its account.

5. INTELLECTUAL PROPERTY RIGHTS

1. All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Switchnowsave.co.nz website, information and content on the Switchnowsave.co.nz website, any database operated by Switchnowsave.co.nz and Software shall remain the property of Switchnowsave.co.nz and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.

2. No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.

3. The Switchnowsave logo is a registered trade marks of Switchnowsave.co.nz You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Switchnowsave.co.nz

4. Switchnowsave.co.nz grants the Customer a non-exclusive non-transferrable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.

6. TERMINATION

1. Switchnowsave.co.nz shall be entitled to suspend the Services and/or terminate this Agreement if: 1. the Customer commits a breach of Clauses 2.9, 2.10, 2.11 and 2.15 which in Switchnowsave.co.nz's reasonable opinion is serious enough to merit immediate termination; or 2. the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or 3. Switchnowsave.co.nz suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Switchnowsave.co.nz or any Supplier.

2. The right to terminate this Agreement shall not prejudice any other right or remedy of Switchnowsave.co.nz in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

7. CUSTOMER BREACH

1. The Customer shall compensate Switchnowsave.co.nz in full for each loss, liability or cost incurred by Switchnowsave.co.nz arising out of: 1. any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against Switchnowsave.co.nz by any other person; or 2. any breach of this Agreement by the Customer.

8. LIMITATION OF LIABILITY

1. Nothing in these terms and conditions limits or excludes the liability of Switchnowsave.co.nz for death or personal injury caused by Switchnowsave.co.nz's negligence or any other liability which may not be limited or excluded under applicable law.

2. Switchnowsave.co.nz will use its reasonable endeavours to ensure that information provided to it by Suppliers is accurate but Switchnowsave.co.nz does not guarantee the accuracy, completeness, legality or suitability for the Customer's needs of any information which is provided to the Customer by any Supplier and/or is accessed or obtained by the Customer via the Switchnowsave.co.nz website, the Switchnowsave.co.nz call centre or otherwise through using the Service.

3. Subject to clause 8.1, you agree that Switchnowsave.co.nz will not be liable for any loss, claim or damage (whether direct or indirect) which arises out of or is in any way connected with (i) any use of the Service, the Switchnowsave.co.nz website or its contents; (ii) any failure or delay in any component of the Switchnowsave.co.nz website, the provision of the Service or the provision by any Supplier of its goods, products or services to the Customer (including, without limitation, where the Customer has a delayed or failed switch from its current energy supplier to a Supplier and/or the Customer is unable to obtain the cashback, voucher, reduced price tariff or other reward or incentive which he or she may have otherwise been entitled to from a Supplier were it not for the failure or delay); (iii) any use of or reliance upon any information, material, software, products or services obtained through the Switchnowsave.co.nz website, the Switchnowsave.co.nz call centre or otherwise through using the Service (including, without limitation, any information, material, software, products or services of any Suppliers); or (iv) any transaction or agreement between the Customer and any Supplier or any attempt to enter into a transaction or an agreement with any Supplier, in all cases even if Switchnowsave.co.nz has been forewarned of the possibility of such loss or damage.

9. DATA PROTECTION

1. Switchnowsave.co.nz shall comply with all applicable data protection laws in New Zealand. For a description of how Switchnowsave.co.nz uses personal data the Customer should refer to Switchnowsave.co.nz's privacy policy.

10. NO PARTNERSHIP / AGENCY

1. Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Switchnowsave.co.nz and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

11. ASSIGNMENT

1. The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Switchnowsave.co.nz shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity

12. FORCE MAJEURE

1. Switchnowsave.co.nz shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

13. ENTIRE AGREEMENT AND NO WAIVER

1. This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.2. No waiver by Switchnowsave.co.nz of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by Switchnowsave.co.nz to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.

14. NOTICES

1. This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.2. No waiver by Switchnowsave.co.nz of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by Switchnowsave.co.nz to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.

15. GOVERNING LAW

1. This Agreement shall be governed by and construed in accordance with the laws of New Zealand both parties hereby submit to the non-exclusive jurisdiction of the courts of New Zealand.

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