PowerPal Terms of Use

 

End-User Licence Agreement Terms

Terms


  1. Date of User Terms

These User Terms apply on and from 28 May 2018.


  1. Parties

The PowerPal App (App) is owned, and operated, by emhTrade Limited (we, us, our).

In these User Terms, you and your mean the person that is registered to use the Service (described below) who must be a New Zealand resident electricity consumer supplied by emhTrade.


  1. Bound by User Terms

Your registration to use the App and, through the App, the Service in respect of the electricity installation control point (ICP) you specified through your registration constitutes your confirmation that you are authorised to, and do, accept and agree to be bound by these User Terms setting out the terms of your access to, and use of, the App and the Service.


These User Terms form a legally binding contract between you and us once you accept them as part of the registration process.


Subject to New Zealand law, these User Terms record the entire agreement relating to your use of the App and the Service. (Any supply of electricity to you by emhTrade has its own General Terms and Conditions. These User Terms do not change those General Terms and Conditions.)


If you do not wish to be bound by these User Terms, please do not use the App or the Service.


  1. Service Description

emhTrade will:

  1. try, each day, to give to you information (tips) that, if you act on those tips, should help you use cleaner, more affordable, or more locally generated, electricity

  2. if:

  1. your electricity supply agreement with us in respect of the location, and the ICP, specified when you registered to use the App has not been terminated (or, if you do terminate that electricity supply agreement, you then inform us within two months that you are cancelling that termination), and

  2. you use electricity at the location, and measured against the ICP, specified when you registered to use the App consistent with our tip and that results in a cost reduction to emhTrade (as determined by our method of measuring your cost to us) in the supply of electricity to you, and

  3. you have paid, in full, each amount due under your electricity bills from emhTrade, and

  4. you have complied with the General Terms and Conditions for emhTrade’s supply of electricity to you,

give you a reward that you may (at any time) choose to:

  1. apply to your next electricity bill from emhTrade (and not any other person’s electricity bill), or

  2. donate to an organisation you nominated (from the choices made available by emhTrade).


If you have earnt a reward and then you choose to terminate your electricity supply agreement with us in respect of the location, and the ICP, specified when you registered to use the App, we will still give you the reward that you have earnt.

The amount of any reward (and its value) will be calculated by emhTrade in our absolute discretion. That calculation involves variables with values that can only be determined after emhTrade gives you our tip and are specific to each circumstance. For example, the same tip for different days may give rise to different rewards (or, possibly, even no rewards). emhTrade does not need to explain that calculation to you.


In endeavouring to provide the Service to you, we have to assess data available from a wide range of sources (for example, expected electricity generation and consumption, electricity transmission and distribution, weather). That information is not certain and is open to interpretation. And, of course, the situation can change between when we give you our tip and when you act on that tip. Consequently, it’s possible that our tip may be wrong (or, perhaps, not the best possible tip for that day), or that you acting on our tip may not give rise to the reward we expected. As time goes on, we do expect that the effect of acting on our tips will become more certain.

However, the Service does not change the fixed price for electricity that you and we have agreed.


  1. Licence to Use

We grant to you a non-exclusive, non-transferable right to use the App solely to the extent set out in these User Terms. Other than expressly set out in these User Terms, we (and any third parties) are not granting to you any intellectual property rights.


  1. Access to Service

Your access to the Service is through the App. You need to download the App.


You are responsible for providing a secure internet or wireless access and for ensuring that your device meets all the necessary technical specifications to enable your access to, and use of, the Service.


While we try to make the App accessible to all iOS and Android mobile devices and versions of software, we do not warrant that the App will work with a particular device or software version.


  1. Changes

We may change these User Terms, the App or the Service (including suspend or reduce functionality or discontinue any aspect of the App or the Service) from time to time.


If we change these User Terms, the App or the Service, we will notify you upon your first use of the App or the Service following that change.


If you continue to use the App or the Service after that notice, that will constitute your acceptance of the latest version of these User Terms.


  1. Cancellation

We:

  1. will cease providing the Service to you if you cease to be supplied electricity by emhTrade at the location and using the ICP specified when you registered to use the App

  2. may otherwise, in our absolute discretion, cease providing the Service to you at any time.


We will notify you as soon as possible of our decision to cease providing the Service to you. If you have earned any reward at the time of that cessation that we have not given to you, we will give that reward to you at the time we would usually give that reward to you.


You may cease using the App or the Service at any time. If you have earned any reward at the time you cease to use the App or the Service, that we have not given to you, we will give that reward to you at the time we would usually give that reward to you.


If we consider that:

  1. you have not complied with these User Terms

  2. your log-in ID has been disclosed to an unauthorised person, or

  3. there is a risk to the security or integrity of the Service,

we may disable your log-in ID.


If you breach any of these User Terms, your rights under these User Terms are terminated.


  1. Risk/Responsibility

  1. As is: We provide the App and the Service to you as is. You acknowledge that, at this time, the App and the Service are in a beta phase and will be progressively refined through use of the App and the Service.


  1. As available: We provide the Service to you as, and when, it is available. We do not make any commitment to you that the Service will be available for your use at any time or even from time to time.


  1. User risk: Your use of the App and the Service is solely at your risk.


  1. No warranties: Subject to any warranties implied by law or that otherwise may apply, we do not:

  1. warrant that the App or the Service will meet your specific requirements (regardless of whether you tell us of those specific requirements)

  2. warrant that the App or the Service will be uninterrupted, timely, secure or error free, accurate or reliable

  3. warrant that any errors in the App or the Service will be corrected

  4. warrant that any decision that you make based on the Service will meet your requirements.


To the maximum extent permitted by law, we exclude any warranties that may be implied by law or that otherwise may apply to our provision of the App or the Service to you.


  1. Limited liability:

Us:
We will not be liable to you for any indirect or consequential loss you may incur in connection with your use of the App or the Service or from our breach of these User Terms.


In any event, our maximum liability to you in connection with your use of the App or the Service or from our breach of these User Terms is limited to NZ$10.


You:
You will not be liable to us for any indirect or consequential loss we may incur in connection with your use of the App or the Service or from your breach of these User Terms.


In any event, other than in respect of a breach of our intellectual property rights, your maximum liability to us in connection with your use of the App or the Service or from your breach of these User Terms is limited to NZ$10.


  1. User security of account + password: You must:

  1. treat your log-in ID (username and password) as confidential and not reveal it to anyone else or allow any unauthorised person to use your log-in ID

  2. notify us if you become aware that any unauthorised person has become aware of your log-in ID.


Unless you have notified us that there is a risk of unauthorised use of your log-in ID, we will treat any activities that occur using that log-in ID as being authorised activities carried out by you or on your behalf (and we do not have to further check your identity or ask for further information).


  1. Comply with user instructions: You must comply with our user instructions.


We may update our user instructions and will notify you when we do so.


  1. Permitted use: lawful /proper/reasonable

You may only use the App and the Service for lawful purposes.


You must not:

  1. copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer any part of the App or attempt to do so or assist anyone else to do so

  2. copy any part of the App except as permitted by these User Terms and to the extent that copying occurs automatically in the normal course of you accessing the App and the Service

  3. interfere with, or disrupt the provision of the Service or its use by anyone else

  4. use the App to store or transmit any malicious code or harmful programs designed to adversely affect the operation of any computer software, hardware or network

  5. attempt to gain unauthorised access to the App, any server on which PowerPal is stored or any server, computer or database connected to PowerPal

  6. create links to the PowerPal website from any other website without our written consent.


  1. Intellectual property

  1. emhTrade owned: We own, or otherwise hold the right to use, all intellectual property rights in respect of:

  1. the App (including text, graphics, software, images, sound), and

  2. our logo – PowerPal


  1. User licence to emhTrade to use User data: You authorise us to use your name, contact details, your preferences about electricity and rewards (if any) and other information that you may choose to provide to us in connection with the Service for the purposes of providing the Service.


  1. Embedded third party material/external links

  1. Own terms: We may reference, or provide access, (including by way of a link on the App) third-party services, goods, and promotions that utilise, integrate, or provide ancillary services to the Service (Third-Party Service). These Third-Party Services are provided for your convenience only and we do not approve, endorse, or recommend any such Third-Party Service. You access and use any Third-Party Service based on your own evaluation and at your own risk.


Your use of a Third-Party Service is:

  1. subject to that third-party’s own terms of use and privacy statements, and

  2. not governed by these User Terms.


  1. No liability: We have no responsibility to you for your use of any Third-Party Service. Where a Third-Party Service is provided through a payment provider, those payment providers are:

  1. solely responsible to you for those payment services (including when your payment may be made and any fees charged to you in connection with that payment), and

  2. not our agents.


We have no obligation to provide any maintenance or support services to you in connection with any Third-Party Service.


  1. Links to websites: The App, or the Service, may contain hyperlinks to websites operated by an entity other than emhTrade. We do not monitor such sites and we do not approve, endorse, or recommend any such website. You access any such website, and deal with the entity providing such a website, based on your own evaluation and at your own risk.


  1. Fees

We do not charge you:

  1. a fee for your use of the App and our provision of the Service; nor

  2. a fee if you cease to use the App and the Service.


Your internet or mobile phone network provider may charge you to access the Service (including downloading data to, or making calls or sending text messages, in connection with the Service).


Your use of a Third-Party Service may involve your payment of a fee to the provider of that Third-Party Service.


An internet connection is required to access the Service. Your internet or mobile phone provider may charge you to access the Service (including downloading data to, or making calls or sending text messages from the App). Check with your provider about those charges.


  1. General

  1. No User transfer / emhTrade transfer: You may not transfer your rights or obligations under this licence.


We may transfer any of our rights or obligations in connection with PowerPal, the Service and these User Terms to a third party (where we have reasonably determined that the third party has the ability to discharge all of the obligations being transferred and we are reasonably satisfied that the transfer will not prejudice you).

  1. Subcontractors: We may use subcontractors to perform our obligations under these User Terms (and, if we do so, we remain liable for their performance in accordance with these User Terms as if we performed those obligations).


  1. Severability: If any term in these User Terms is declared to be invalid, unenforceable or illegal, all the other terms will remain in full force apart from that term which will be deemed to be deleted.


  1. Waiver: No waiver by either you or us of rights under these User Terms is effective unless it is in writing.


  1. Jurisdiction: The Service is available only to New Zealand residents. These User Terms are subject to New Zealand law and any dispute between the parties about the App, the Service or these User Terms will be resolved by New Zealand courts.


  1. Additional features will have own terms: If we offer additional features, we may also specify additional terms to apply to those features. We will make those additional terms available with those additional features and, if you use those additional features, those additional terms will apply to your use.


  1. Notices/communications: If you want to contact us (to ask questions, make a compliant, make a claim about the App, the Service or otherwise) please do so using the following details:

emhTrade Limited:

Email: info@p2power.co.nz

Telephone: +64 0800 364 872
Address: Suite C2, 1 Beresford Square, Auckland 1010, New Zealand


  1. If a business, Consumer Guarantees Act 1993 excluded

You acknowledge that, if you are accessing, and using, the App and the Service for the purposes of a business, the Consumer Guarantees Act 1993 does not apply.


  1. Privacy Statement

This Privacy Statement explains how we collect, store, use and share your data, in the context of the App and our providing the Service to you. (This Privacy Statement is separate from any other privacy statement that applies in respect of emhTrade’s supply of electricity to you.)


In this Privacy Statement personal information has the same meaning as in the Privacy Act 1993.


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, please contact our Privacy Officer by emailing info@p2power.co.nz.


  1. What data emhTrade collects (directly/indirectly)? In the course of providing the Service to you, we may collect the following personal information:

  1. your name, email address, and password used to access the Service

  2. your personal preference regarding what you would like help to achieve such as cleaner, cheaper or more local power and what you would like to do with any reward

  3. your electricity installation control point (ICP) number, your electricity retailer, your electricity retailer customer number, and your electricity consumption data

  4. any insights about your electricity consumption or tips you choose to share through the App.


  1. What emhTrade does with data?: We use such of your personal information that we hold to provide to you the Service (including, giving you tips and rewards (if any)).


We also use that personal information to:

  1. (on an anonymised basis) carry out market research

  2. (on an anonymised basis) improve our customer service, including the Service and the App

  3. comply with New Zealand law

  4. manage our relationship with you and exercise and enforce our rights.


Specifically, we may (on an anonymised basis) share with other users of the App the insights and tips that you choose to share through the App to help them also use cleaner, more affordable, or more locally generated, electricity.


  1. emhTrade disclosure of data: Other than:

  1. for the uses described above

  2. to disclose your personal information in ways permitted by the Privacy Act 1993,

we do not disclose your personal information to any person.


  1. emhTrade protection of data: storage/security/transfer: We treat such of your personal information that we hold as confidential to you.


We will take reasonable steps to ensure the security of your personal information.


We hold that personal information on servers in New Zealand and in overseas locations. This means that we transfer your personal information to overseas jurisdictions. The servers holding that personal information are kept in a controlled environment. Our means of transfer of that personal information, and its storage are designed to protect the security of that personal information (from loss, misuse, unauthorised access and changes).


  1. Analytics: When you use the App, we may gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, operating system, date/time stamp, clickstream data and data that records how you use the App.


We do this to track, and monitor, usage of the App and to improve the App.


If you register for the Service through our website, we may gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp and clickstream data.


We may use non-personalized statistics about the use of the App or website to monitor traffic, to analyse trends, to gather demographic information about our user base as a whole, to improve the App and the Service. These statistics do not comprise personal information.


  1. Cookies: The App uses 'cookies', which are small files that the site places on your hard drive for identification purposes. These files are used for App registration and customisation so the next time you use the App we can recall your previous selections. Cookies cannot read data on your hard drive.


If you register for the Service through our website, some pages on the website use 'cookies', which are small files that the site places on your hard drive for identification purposes. These files are used for site registration and customisation so the next time you visit us we can recall your previous selections. Cookies cannot read data on your hard drive.


Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on the App.


  1. Google Play/iTunes

You acknowledge that:

  1. these User Terms are solely between you and us, and not with Apple or Google

  2. we (and not Apple or Google) are solely responsible for the App and its content (subject to these User Terms)

  3. Apple and Google have no obligation to furnish any maintenance or support services to you in connection with the App

  4. we are solely responsible for providing any maintenance and support services with respect to the App

  5. if there is any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


If you downloaded the App from iTunes, you may only use the App on Apple branded products that you own or control and as permitted by the Usage Rules set out in the App Store Terms of Service (except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing).


With respect to warranties about the App:

  1. we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed

  2. if you downloaded the App from iTunes, if there is any failure of the App to conform to any warranty that might be contained or implied into these User Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the App.

  3. except for the foregoing in respect of Apple, to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App

  4. if you, or any third party have any claims, relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, then we (and not Apple or Google) are responsible for addressing such claims.

You represent and warrant that:

  1. you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and

  2. you are not listed on any United States Government list of prohibited or restricted parties.

You must comply with applicable third party terms of agreement when using the App (for example, you must not violate your wireless data service agreement when using the App).

If you downloaded the App from iTunes, we and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these User Terms, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these User Terms against you as a third party beneficiary thereof.


All other terms and conditions of these User Terms apply to your use of the App.