Terms and Conditions of Use

These terms and conditions govern your participation and joining One Big Switch, including your use of the website at www.onebigsiwtchnz.co.nz(“Website”).

Both the Website and One Big Switch are operated by One Big Switch NZ Limited (that’s us, also referred to below as “OBS”).

 

You agree to these Terms and Conditions

By accessing and using the Website, or joining One Big Switch, you agree to these Terms and Conditions.

You will need to accept these Terms and Conditions before you can join and participate in One Big Switch. Please read these Terms and Conditions carefully, as they make a binding contract between you and OBS.

 

About One Big Switch

One Big Switch is a media and technology business that operates consumer networks and creates content platforms, technology tools and digital campaigns. Our current consumer network is One Big Switch (“our consumer networks”) and content platform includes One Big Switch, (“our content platforms”). Our content platform comprises of websites and other digital media platforms such as Facebook and Instagram.

OBS has taken all reasonable care in producing this website but cannot guarantee it has all the information you need to answer all your questions. Further information about any offers on this website can be obtained by contacting the provider of the product or service by using the contact details supplied with offers, or visiting the campaigns page. All product details, rates, terms, conditions and other information are subject to change at any time without notice.

The information on this website is provided for general information purposes only and should not be considered personal financial advice, legal advice or any other kind of personal advice; nor does OBS, nor our consumer networks, consider or recommend whether any particular product or offer meets your individual needs and circumstances.

In providing the information on this website OBS has not taken your financial circumstances, needs and objectives into account. You should consider these things and make your own mind up as to whether any product or service that is the subject of the offer is suitable for you before making any decisions.

OBS may earn a commission or fee from the provider of the product or service when members of our consumer networks take up a product or service. OBS may also earn a referral fee when users of our content platforms access a third party provider or comparison websites through our platform. All offers disclose the commission or fee that OBS will be paid if a member takes up a product or service.

 

We can change these Terms and Conditions

We can change these Terms and Conditions from time to time. We will publish these changes on the Website, and may also choose to notify you at the contact email address that you provided when you registered. The changes will take effect 14 days after we publish them on the Website, or any later date that we specify at the time of publishing.

By continuing to use the Website or participate in One Big Switch, you’ll be taken to have accepted the latest version of these Terms and Conditions, and it’s up to you to check for any changes. If you’re not happy with changes to these Terms and Conditions, you can end your relationship with us at any time by giving not less than 5 business days’ notice (see the separate heading below on “Ending our relationship”).

 

Age restrictions

Any person under the age of thirteen (13) years cannot participate or join One Big Switch. Any person between the ages of thirteen (13) and sixteen (16) years can only participate with a parent or legal guardian’s permission.

 

Your information

You are asked to provide personal information in order to join and participate in One Big Switch, and you may need to disclose additional personal information to us and to energy retailers in order to take advantage of offers sent to you as part of One Big Switch. Please see our Privacy Policy (https://www.onebigswitch.co.nz/privacy-policy), which explains how we handle your personal information.

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.

 

Ending our relationship and authorities

You can end your relationship with OBS, and any authorities that you have given to OBS, at any time, by giving us at least 3 business days’ notice.

OBS can end its relationship with you at any time, by giving you at least 5 business days’ notice. OBS can also end its relationship with you immediately if you breach any of the provisions of these Terms and Conditions.

When your OBS relationship come to an end, we will remove all records of you directly held by us on our servers, including all of your personal information, except that for legal and audit purposes we may retain any correspondence that we have with you, plus our record of you having agreed to our terms and conditions and privacy policy. Please note that where we have shared your information with third parties (as outlined in our  Privacy Policy), we do not have any control over the way that those third parties may store your personal information, and those third parties may continue to hold that information.

When your OBS relationship comes to an end you will have no further entitlement to participate in or benefit from One Big Switch offers. However, the remainder of these Terms and Conditions will continue to apply.

 

Messaging

By registering for One Big Switch, you consent to receiving marketing, promotional and other material by way of electronic messages from us, but we will not send spam or pop-up ads, and we will share your personal information only as allowed by our Privacy Policy and/or by law. You can opt out of receiving marketing and promotional material at any time, by emailing us at contact@onebigswitch.co.nz.

 

If you’re outside New Zealand

One Big Switch is operated by OBS from New Zealand. The information made available and accessible through One Big Switch may not be appropriate or available for use in other countries. If you choose to access One Big Switch from a country other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that country. Offers submitted by energy retailers as part of One Big Switch are only for residential properties in New Zealand.

 

Intellectual property

The contents of the Website are the intellectual property of OBS and/or its third party suppliers and licensors. No part of the Website may be distributed or copied for any commercial purpose and you are not permitted to incorporate our material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You must not frame any part of the material of One Big Switch by including advertising or other revenue generating material. Further, you must not remove or alter any trademarks or logos that appear on any such material.

By posting any content on our content platforms (including any photographs) you agree to and hereby grant, represent and warrant that you have the right to grant and in fact grant OBS, its contractors, and the users of our content platforms an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide licence to use, copy, publicly perform, digitally perform, publicly display and distribute such content and to prepare derivative works of, or incorporate into other works, such posted content. This license is non-exclusive, except you agree that we shall have the exclusive right to enjoy this license to the extent of combining your content with the posted content of others for the purposes of our website.

 

Advertising

Any dealings with any advertiser appearing on the Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

 

Communication tools.

If you use any communication tools available through the Website (such as any forum, chat room or message centre), you agree only to use them for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to One Big Switch, including (without limitation) the offer of goods or services for sale, malware or spyware, content that may be offensive to any other users of the Website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: contact@onebigswitch.co.nz

 

Lawful use

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption of the Website.

You must not post or transmit via the Website any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would break any law.

 

Our liability

The limitations contained in this “Our liability” section do not limit any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, which may entitle you to compensation exceeding what is allowed by the provisions of this section.

We will not be liable to you under or in connection with these Terms and Conditions, or One Big Switch, for any loss or damage, other than loss or damage that arises directly from our breach, and then only where the loss or damage is of a kind that would generally be expected to arise in the ordinary course as a result of such a breach. We are not liable for any loss of data, loss of profits or any consequential, indirect or special damage.

In the event that we are liable to you under or in connection with these Terms and Conditions, or One Big Switch, our liability is limited to no more than $100 for any one event/incident, and more than $500 for all events/incidents within any 12 month period.

We are not liable to you for any breach or other failure or deficiency to the extent caused or contributed to by events beyond our control. This could include, for example, an act of God, internet outages, earthquake, terrorism, strike or a shortage of suitable labour or materials.

The limitations and exclusions in this section do not apply to any loss or damage caused by fraud, wilful breach or wilful wrongdoing, but they apply to all other loss and damage, whether arising as a result of our breach, negligence or other act or omission.

 

Information is sourced from third parties

In compiling this website, OBS has relied on the information provided to us by third parties. We do not guarantee the correctness or completeness of the information provided on this website. From time to time, our content platforms will contain links to a third party's website or platform. OBS takes no responsibility for the information provided on a third party's website regardless of whether or not the website was accessed through a link from the One Big Switch website. The provision of a link on does not constitute an endorsement or approval of that website or any products or services on that website.

 

Commissions

OBS does not charge you for our services. OBS may be paid a commission or fee by the participating retailer or provider, or their representative if you decide to accept an offer from a participating retailer or provider which came about as a result of a referral from One Big Switch. OBS may also be paid a referral fee where you access a third party website through one of our content platforms.

The commission OBS may receive will vary depending on the type of product or service and the value of that product or service.

 

General

If at any time we refrain from enforcing a provision of these Terms or Conditions, or give you extra time or other leeway to comply, this does not mean we have waived that provision or given up our rights to enforce that provision, or any other, provision.

If any part or these Terms and Conditions is found to be invalid, unenforceable or in conflict with the law, that part is replaced with a provision which, as far as possible, accomplishes the original purpose of that part, without the invalidity, unenforceability or conflict with law. The remaining Terms and Conditions will continue to be binding on the parties.

These Terms and Conditions are governed by New Zealand law.

You agree 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 Conditions, One Big Switch and/or the Website.

Along with our Privacy Policy, these terms are the entire agreement between you and us regarding your use of the Website and participation in One Big Switch.

 

Last updated 19 July 2018

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