Terms of Use

1.1      PowerNet Limited (“PowerNet”, “we” or “us”) welcomes you to this website. By accessing and viewing this website (“the website”), and/or by using our systems, you agree that you have read and accepted the terms set out below.

1.2     We reserve the right to amend these Terms of Use from time to time by posting an updated version on the website. It is your responsibility to check these Terms of Use often for changes. You agree that you will be subject to the latest version of terms, as published on the website. Use of the website after any change or variation has been posted will constitute acceptance of the change or variation.

2.    Your use of the Website

2.1     You agree that you will not use this website for any unlawful purpose. You further agree that you will not engage in any conduct that will or may cause damage to the operation of the website, or to other users of this website including attaching viruses, corrupt files and any other malware to our website.

2.2     Except as permitted by law, you must not use, alter, modify, reproduce, or otherwise deal with the content of the website without first obtaining PowerNet’s written consent. This includes where you want to establish a link to our website. To request permission to use material from this website please contact us at comms@powernet.co.nz

2.3     You agree that we may use information we collect from you when you use this website to prevent and resolve unauthorised access to, or attacks on our website and related systems.

3.     Copyright and Intellectual Property

3.1      Copyright and all other intellectual property contained on the website (including files, messages, data, software, images, photographs and other materials) is owned by PowerNet (or licensed to us for our use). We reserve all rights in relation to copyright and intellectual property on the website.

3.2     Except as otherwise provided in these Terms of Use or as permitted by law, you may not do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) without first obtaining PowerNet’s written permission. Such permission can be sought by emailing comms@powernet.co.nz

3.3     You agree that when you provide information to PowerNet through the website (that is not personal information) you grant PowerNet a non-exclusive and royalty-free license to publish that information as we see fit.

4.     Privacy

4.1      If you provide us with personal information through this website, or we otherwise collect personal information about you from your use of our website, for example your IP address, our privacy policy will apply to that information. You can find our privacy policy here.

5.     Security

5.1      We use security measures on our website and systems to help prevent and mitigate the loss, misuse and alteration of, and unauthorised access to, information under our control.  As part of this, our website and systems are subject to monitoring, analysis and auditing. This may include the monitoring, analysis and auditing of information about your use of, and information processed on, our website and systems (regardless of the nature of the activity or information).

5.2      The security measures that we take may be sourced from third party suppliers. Where we engage a third party supplier to assist with security measures those third party suppliers will have access to monitoring, analysis and auditing information about our websites and systems, as well as information processed on our website and systems. You agree to our third party suppliers having access to information provided by you (through our website) for this purpose.

6.      Breach

6.1       Where you breach any of the terms in these Terms of Use we reserve the right to suspend or permanently block your access to our website at our sole discretion.

7.      Disclaimer

7.1       You acknowledge and agree that you access and use this website at your own risk.

7.2       PowerNet has made every effort to ensure the accuracy, currency, and reliability of content on this website. However, inadvertent errors can occur and applicable laws, rules, policies and regulations often change. We accept no responsibility for any errors, omissions or inaccuracies in the information on this website.

7.3       We make no representation or guarantee that the website will be available and functioning without error when you use it. We will use reasonable endeavours to keep the website free from viruses and from unauthorised access.  However, we do not warrant that the website will always operate uninterrupted or error-free or that any files available for downloading by you will be error-free or free from viruses, faults or defects.

7.4      This website may reference or provide hyperlinks to third party websites. A reference to a third party does not imply that PowerNet endorses, or is endorsed by, that third parties. PowerNet makes no guarantee or representation as to the accuracy, currency and/or reliability of the information or contents found by clicking on a hyperlink. Where you click on a hyperlink you do so at your own risk. PowerNet disclaims responsibility and excludes liability to the maximum extent permitted by law in respect to anything that eventuates as a result of you clicking on a hyperlink, including but not limited to the nature of the contents found by you clicking such link.

7.5      If you find content that you feel is inaccurate, old or unreliable please contact us immediately and we may correct the content if we think a correction is required. We make no guarantee as to the timeliness, accuracy, or reliability of any correction.

8.     Limitation of Liability

8.1        In this paragraph 8 Related Parties means each of the employees, directors, and officers of PowerNet.

8.2       PowerNet, its Related Parties and persons acting on our behalf will not be liable, whether in contract, tort (including negligence) or otherwise for any loss, injury, expense, damage, or liability arising directly or indirectly from your use of, or reliance on, the website or its contents, or a breach by PowerNet of these Terms of Use.

8.3      Without limiting paragraph 8.2, is PowerNet is found to be liable for a breach of these Terms of Use its liability shall be capped to $100.00 per breach.

9.      Entire agreement

9.1       These Terms of Use constitute the entire agreement between you and PowerNet as to its subject matter. The latest version (as posted on our website) supersedes and cancels any previous Terms of Use, agreements, understandings or arrangements whether written or oral relating to your use of the website. You agree that it is fair and reasonable that this term is conclusive between PowerNet and you, as required by section 50 of the Contract and Commercial Law Act 2017.

10.    Other

10.1      Nothing in these terms affects any rights you may have under the Consumer Guarantees Act 1993.

10.2     New Zealand law governs your use of the website and agree to the exclusive jurisdiction of New Zealand courts in respect of any disputes arising from these Terms of Use that need to be resolved by a court.

10.3     If any term of these Terms of Use is held to be unenforceable, illegal, or invalid by any court or tribunal that term will be severed from these Terms of Use and the rest of these Terms of Use will remain in full force and effect. If necessary, we will amend these Terms of Use accordingly.

11.     How to Contact Us

If you have any queries, please contact PowerNet on phone 03 211 1899, or email enquiries@powernet.co.nz

Last updated 10 November 2021