Acceptance of Terms and Conditions (“Terms”)
Your use of our services constitutes your acceptance of these Terms. By accepting these Terms you agree to comply with the terms and conditions set out in these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its Affiliates to these Terms, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not use our services.
“Confidential Information” means all information (that is not publicly known) disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Our Confidential Information includes our Intellectual Property. Your Confidential Information includes Your Data.
“Content” means any content shared by you to us or collected by us from you.
“Fees” means any fees charged by us in relation to our Services.
“Loss or Claim” means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses), including liability in tort and consequential and economic losses.
“Objectionable” includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
“Personal Information” means that term as defined in the Privacy Act 1993. This essentially means any information about an individual that is shared to or collected by us.
“Terms” means these terms and conditions.
“Us” or “We” means Reliance Marketing Limited (trading as Reliance Utilities).
“You” or “Your” means you, the company or other legal entity for which you are accepting this Agreement.
“Your Data” means all data, content and information (including Personal Information) owned, held, used or created by you and which is stored using Reliance Utilities.
2.1 Protecting your username and password
Unless you take adequate security precautions, it could be possible for an unauthorised person to gain access to Your Data. It is your responsibility to ensure that your passwords remain secure and confidential. If your password is compromised you must reset your password from within our website.
2.2 Use of our intellectual property
a) We retain our Intellectual Property Rights – except where specifically set out in these Terms, these Terms do not give you any Intellectual Property Rights or other rights in Reliance Utilities and you (including your staff, agents or contractors) must not otherwise use, reproduce or modify our Intellectual Property.
b) Third Party Intellectual Property Rights – These Terms do not give you any intellectual property or other rights in any of the software or other intellectual property supplied by any third party as a part of Reliance Utilities, and you (including your staff, agents or contractors) must not otherwise use, reproduce or modify this Intellectual Property.
3.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
3.2 You must not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any underlying system, or otherwise attempt to damage or interfere with the Website or any underlying system.
4.1 Protection of Your Data. We will use commercially reasonable efforts to maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. In the event that Your Data is lost, it is your responsibility for maintaining copies of Your Data provided to Reliance Utilities.
5.1 Fees: You will pay all fees of 5% of your total monthly utility bill (including, but not limited to, power, gas, internet, telephone, and others for each ICP/connection that we service) unless specified otherwise in your signed agreement with us.
a) payment obligations are non-cancellable and fees paid are non-refundable unless we have made a mistake. If this happens, please contact us as soon as possible;
b) the fee price and structure may be changed at any time.
All payments due to us (e.g. our fees), unless already stated to be GST inclusive, are to be increased by the amount of any GST liability we have in relation to supplies we make to which those payments relate.
5.2 Invoicing and Payment: You will provide us with valid and updated credit card information, you authorise us to charge such credit card for the service you have purchased. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
5.3 Overdue Charges: If any amount is not received by Us by the due date, then without limiting our rights or remedies, those charges may accrue a late administrative fee equal to $20.00, unless specified otherwise in your signed agreement with us.
5.4 Prompt Payment Discount (PPD): Prompt Payment Discount (PPD) rewards residential and business customers for paying in full and by the due date.
5.4.1 PPD: It is available for selected residential and business customers at our sole discretion.
5.4.2 PPD: It applies to the electricity and natural gas charges on your invoice, unless specified differently on your confirmation letter or welcome letter. For the avoidance of doubt, the Discount does not apply to prepaid electricity, Time of Use or large industrial sites, LPG, or any fees such as bonds or service fees.
5.4.3 PPD's payment condition: If you do not pay in full and by the due date, you will not receive the PPD, and this will then show as an outstanding amount on your account.
7.1 Reproduction of Material: All users are allowed to view and copy free materials from Reliance Utilities for their own personal use. Any other reproduction (including by electronic means) of Reliance Utilities or any of our other publications, in whole or in part, is forbidden without our written permission.
8.1 Confidential Information: While using our Services, you may share Confidential Information with us, and you may become aware of Confidential Information about us. You and we both agree to take reasonable steps to protect the other party’s Confidential Information from being accessed by unauthorised individuals. You or We may share each other’s Confidential Information with legal or regulatory authorities if required to do so.
9.1 Reliance Utilities is an independent utility comparison website that informs customers of how much they will save by choosing particular utility companies.
9.2 The content provided by us is "as is" for general information purposes only. It does not constitute advice nor does any part of the content constitute an open offer capable of forming the basis of a contract with Reliance Utilities.
9.3 We endeavour to provide the most accurate and up to date information as possible on this website, however, Reliance Utilities does not warrant or guarantee that any information it provides is completely accurate. To the extent permitted by law, Reliance Utilities disclaims any and all warranties, express or implied, including those of merchantable quality or fitness for a particular purpose, with respect to the publication of any information.
9.4 As outlined in clause 9.3, the information provided may not always be completely accurate and this extended to any quotes or savings amount offered to you by Reliance Utilities which are only approximate and cannot necessarily be guaranteed.
9.5 Reliance Utilities may at times include statements, opinions or views of third parties. While we may occasionally make reference to a certain provider, product or service by its name, it does not constitute an endorsement by us of this provider, product or service. Reliance Utilities excludes any and all liability or responsibility for any errors, inaccuracies, omissions, misleading or defamatory content from any third party entities.
10.1 You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to any breach by you of these Terms.
10.2 Limitation of liability: Other than liability that cannot be excluded or limited by New Zealand law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
a) We have no liability arising from your use of Reliance Utilities for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
b) We shall not be liable for any delay, damage, loss, injury, failure or breakdown that you may suffer as a consequence of any defect or deficiency in Reliance Utilities, including any delay, damage, loss, injury, failure or breakdown to your other programs and equipment.
c) Our total aggregate liability to you in any circumstances is limited to the total amount you paid in our fees.
11.1 When you enter or upload Your Data into our services, we do not own that data, however you grant us the right to use that data for but not limited to the following purposes:
11.2 Communication. We may use Your Data to communicate with you. This may include:
a) providing you with information you have requested from us or information we are required to send to you;
b) operational communications, like changes to our websites and services, security updates, or assistance with using our websites and services;
c) marketing communications;
d) asking you for feedback or to take part in any research we are conducting (which we may engage a third party to assist with).
11.3 Support. This may include assisting with the resolution of technical support issues or other issues relating Reliance Utilities.
11.4 Enhancement of Reliance Utilities. We may track and monitor your use of Reliance Utilities so we can keep improving Reliance Utilities and optimise your user experience.
11.5 Protection. We may use Your Data for the purpose of detecting and preventing any fraudulent or malicious activity and to ensure Users are using Reliance Utilities in accordance with these Terms.
11.6 Marketing. In addition to sending you marketing communications, we may also use your personal data to display targeted advertising to you online.
11.7 Reporting. We may use the personal data we collect about you and other users of Reliance Utilities (whether obtained directly or from third parties) to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties.
11.8 Statistical Data. We may create anonymous statistical data (which will not contain any identifiable Personal Information) from Your Data and use of Reliance Utilities. This data may be used by us for our own purposes including to improve Reliance Utilities and develop other products and services, for marketing and promotional purposes and any other purposes we determine.
11.9 Security. While we will use our best efforts to protect your Data and keep it safe and secure it is impossible for us to guarantee absolute security. If we become aware that there has been unauthorised use of your Reliance Utilities account we will let you know and take steps to restrict access until we are certain that the access was not unauthorised.
12.1 No person other than you and us has any right to a benefit under, or to enforce, these Terms.
12.2 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
12.3 If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing firstname.lastname@example.org
12.4 These Terms, and any dispute relating to these Terms or Reliance Utilities are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Service.
12.5 These Terms set out everything agreed by the parties relating to Reliance Utilities, and supersede and cancel anything discussed, exchanged or agreed prior to the commencement date of these Terms. The parties have not relied on any representation, warranty or agreement relating to Reliance Utilities that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect. Without limiting the previous sentence, the parties agree to contract out of Sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by this Clause 12.5.
12.6 We may change these terms and conditions at any time. Each time you use Reliance Utilities, you are agreeing to the Terms applicable at that time.
13.1 If you have a question, concern or complaint, please let us know straight away. Our phone number is 0800 847 857, or email us at email@example.com. We'll work with you to resolve things quickly and fairly. You can also contact Utilities Disputes at any time for a free and independent resolution service on 0800 223 340, firstname.lastname@example.org or at utilitiesdisputes.co.nz.
For a free and independent energy price comparison visit powerswitch.org.nz