Effective Date: 25 July 2016
These Terms of Use ("Terms") govern the access or use by you, an individual, in Auckland, New Zealand and possessions of applications, websites, content, products, and services (the "Services") made available in Auckland, New Zealand and possessions by Newnergy Enterprise Group Limited (collectively, “Newnergy”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Newnergy If you do not agree to these Terms, you may not access or use the Services.
Newnergy may amend the Terms related to the Services from time to time. Amendments will be effective upon Newnergy's posting of such updated Terms at this location or the amended policies on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Newnergy's Privacy Policy located at newnergy.co.nz.
The Services constitute a technology platform that enables users of Newnergy's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule Newnergy Solar System installation services with third party providers of such services under agreement with Newnergy. Unless otherwise agreed by Newnergy in a separate written agreement with you.
Subject to your compliance with these Terms, Newnergy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Newnergy and Newnergy's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Newnergy; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
You acknowledge that portions of the Services may be made available under Newnergy's various brands or certain of Newnergy's subsidiaries and affiliates; or independent Third Party Providers, including Newnergy’s authorized solar panel installers and registered electricians.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Newnergy does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Newnergy does not endorse such third party services and content and in no event shall Newnergy be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. and Google, Inc. will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
The Services and all rights therein are and shall remain Newnergy's property or the property of Newnergy's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Newnergy's company names, logos, product and service names, trademarks or services marks or those of Newnergy's licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age. Account registration requires you to submit to Newnergy certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Newnergy's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account email and password at all times. Unless otherwise permitted by Newnergy in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Newnergy may, in Newnergy's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Newnergy through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Newnergy, you grant Newnergy a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Newnergy's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Newnergy the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Newnergy's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Newnergy in its sole discretion, whether or not such material may be protected by law. Newnergy may, but shall not be obligated to, review, monitor, or remove User Content, at Newnergy's sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Newnergy does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You agree to indemnify and hold Newnergy and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Newnergy's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Newnergy, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Newnergy are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Newnergy otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law
Newnergy may give notice by means of a general notice on the Services, messages to your mobile phone in your Account, or messages on the Newnergy app in your Account, or electronic mail to your email address in your Account, or by written communication sent by mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail or pre-paid post) or 12 hours after sending (if sent by email or message). You may give notice to Newnergy, with such notice deemed given when received by Newnergy, at any time by mail or pre-paid post to PO Box 209 Whangaparaoa, Auckland 0943.
You may not assign these Terms without Newnergy's prior written approval. Newnergy may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Newnergy's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Newnergy or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Newnergy's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Newnergy in writing.
Effective Date: July 25 2016
Newnergy collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The Services are provided by Newnergy Enterprise Group Limited, New Zealand (collectively “Newnergy”), and this Privacy Statement applies to information collected and used by Newnergy.
This Privacy Statement (“Statement") applies to Newnergy solar system customers（people who have bought our solar system and downloaded Newnergy App）and our installation contractors and anyone who directly provides personal information to us.
We collect information you provide directly to us, such as when you create, modify, or log in to your account, make orders, accept or decline installation requests, reschedule installation, claim rewards, request rewards, consent to a background check, or otherwise communicate with us. This information may include: name, email, landline number, cellphone number, physical address, postal address, profile picture, payment information, and other information you may choose to provide.
When you use our Services, we collect information about you in the following general categories:
• Installation Information: We collect details related to installations you conduct, including accepted installation requests, declined installation requests, completed installation, the date and time you accept, decline, or complete the installation.
• Property Information: When you use the Services for making an order, we collect the precise location data of the property related to your order about the location, stories, and roof conditions and etc.
• Schedule Information : Our Services facilitate communications between Users and Contractors for scheduling installation. In connection with facilitating this service, we receive installation data, including the date of the scheduled installation, and the date and time of the schedule was made.
• Reward Information: We collect your reward details, including the amount of your claimed and unclaimed reward points, how and when you obtain the reward points, and how and when you claim your reward points.
• Transaction Information: We collect transaction details related to your use of our Services or the services you provide through our platform, including the type of service requested or provided, date and time the service was requested or provided, amount charged, reward points claimed, installation completed, and other related transaction details. Additionally, if someone uses your reference code, we may associate your name with that person.
• Usage and Preference Information: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. We do this through the third-party Google cookies to analyse and research how you use our websites, apps, and services.
• Device Information: We may collect information about your mobile device (whether your own device or a device we provide you), including, for example, the hardware model, operating system and version, unique device identifier, serial number, and mobile network information.
• Log Information: When you interact with the Services, we collect server logs, which may include information like access dates and times, app features or pages viewed, app crashes and other system activity, and type of browser.
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data (Notification, Location etc.) that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Newnergy app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Newnergy app seeks before you first use the app, and your use of the app constitutes your consent.
We may use the information we collect about you to:
• Provide, maintain, and improve our Services, including, for example, to make orders, schedule installation, facilitate payments, send receipts, provide products and services (and send related information), develop new features, provide customer support to Users and Contractors, develop safety features, authenticate users, and send product updates and administrative messages;
• Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends;
• Send or facilitate communications (i) between you and a User, such as installation date, or (ii) between you and Newnergy, such as the status of installation;
• Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Newnergy and other companies, where permissible and according to local applicable laws; and to process contest, or other promotion entries and to fulfill any related awards.
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
We may share your information:
• With Users in connection with their orders or other services. For instance we may share your name, personal photo, and certain contact information (depending upon your location and applicable laws). After the User makes the payment, we will send the User a receipt via e-mail or other means which may include the breakdown of amounts charged, your name, contact information, the installation details, and other transaction details;
• With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public; and
• With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate.
We may share your information:
• With Newnergy subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralisation and / or logistics purposes;
• With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
• In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, ordinance, license, operating agreement, or legal process;
• With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, or safety of Newnergy or others;
• In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
• If we otherwise notify you and you consent to the sharing; and
• In an aggregated and/or anonymised form which cannot reasonably be used to identify you.
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
You may correct your account information at any time by logging into your in-app account. If you wish to cancel your account, please email us at info@newnergy.co.nz. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Newnergy will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
We request permission for our app’s sending notifications to your device. If you initially permit the notifications, you can later disable it by changing the notification settings on your mobile device. However, this will limit your ability to learn the latest status of your installation, the latest promotional messages, etc. Additionally, disabling our app’s notifications from your device will not limit our ability to monitor your status, to send promotional messages, and to monitor your rewards.
Newnergy does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review this Statement for the latest information on our privacy practices.
If you have any questions about this Statement, please contact us at info@newnergy.co.nz, or write us at Newnergy Enterprise Group Limited, PO Box 209, Whangaparaoa, Auckland, New Zealand 0943.
Newnergy Enterprise Group Limited (collectively, “Newnergy”), New Zealand owns and operates this site, and is located at Whangaparaoa, Auckland. Telephone 022 183 5158.
When you access this site, you acknowledge that you have read and agree to the terms described below. If you do not agree to the terms discussed here, you should exit the site and refrain from placing any order.
Orders will only be accepted by Newnergy in Auckland, New Zealand and payment is to be made through online bank or cheques in New Zealand currency. Any contract arising from this site is governed by the laws of New Zealand. Newnergy will deliver goods only within Auckland region of New Zealand after confirmation of payments.
Product may be added to or removed from the site from time to time. From time to time products described on the site may not be available. While Newnergy does not accept liability for any loss arising, every effort will be made to keep the information up to date and accurate.
Your order is not binding until accepted by Newnergy. Goods are at our risk until delivered to you, or in the case of an address out of Auckland region, until they are picked up by your shipping agent. We may deliver each item ordered separately if we choose for supply or other reasons. If this is the case you will not incur any extra delivery cost.
Products may be ordered by following the instructions on the catalogue pages of this site. All prices quoted include Goods and Services Tax. Prices may increase or decrease from time to time.
Prices for solar packages including full installation apply to installing solar system on roofs for normal houses in Auckland.
Newnergy may charge extra fees for exceeding reasonable amount of accessories needed for installation.
You can pay by online banking (online transferring the money to our bank account) or sending your cheques to us.
For orders with loan application, our support finance companies' lending criteria, fees, terms and conditions apply.
For orders of DIY solar packages, we encourage you picking up your order while we are able to deliver. Delivery charges within Auckland region will be calculated for each DIY package and delivery charges may be negotiable while multiple DIY packages ordered. Delivery may also be conducted by courier or by any delivery service as chosen by Newnergy. Your order will be delivered within 7 days after payment confirmation.
For delivery to premises out of Auckland region please arrange your shipping agent to pick up from our storage. Newnergy's responsibility for product shall cease while the order is picked up by your nominated shipping agent.
Collect in Store Orders must be collected within 7 days from the date you are notified by email that your Order is ready for collection. If your Order is not collected within this time, your order will be cancelled. The relevant Collection Store may then allocate those Goods to another customer and your refund will be credited to the account you used for your Order, less any administration fee payable. You acknowledge that we may record the details of any identification provided in relation to collection of products.
For orders of solar packages including full installation, your order will be delivered on the solar installation date by Newnergy or Newnergy's installers.
You may cancel this order without charge at any time before your order is confirmed by us. You may cancel this order if the goods have already been dispatched, but not received at your address. Newnergy will charge you for a sum equal to the cost of the product excluding handling and delivery costs, once the product has been returned to us.
Some pages on this site 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 the next time you visit us. You should note that 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. If you do not accept cookies, some pages may not function fully and you may not be able to access certain information on the site.
To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
• Errors, mistakes or inaccuracies on the website;
• You acting, or failing to act, on any information contained on or referred to on the website or any linked website;
• Personal injury or property damage of any kind resulting from your access or use of the website;
• Any unauthorised access to or use of the websites secure servers;
• Any interruption or cessation of transmission to or from the website.
Newnergy gives no express guarantees unless they are in writing. Unless the goods are acquired for business purposes, Newnergy will repair or replace any goods which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993. Nothing on this site is to be construed as a recommendation to use any particular product.
Newnergy is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use, or the inability to use, the material on this site. This includes but is not limited to the loss of data or loss of profit, even if Newnergy was advised of the possibility of such damages.
Newnergy reserves the right to contact the purchaser of an order to confirm the validity of delivery details supplied and we will perform security checks on any orders that raise a security alert based on purchase type or level. Newnergy reserves the right to cancel and refund any order that appears to be fraudulent.
Newnergy Enterprise Group Limited (collectively, “Newnergy”) may or may not endorse various Do-It-Yourself (DIY) projects and all DIY projects are purely “at your own risk”. Newnergy will not be held responsible for any DIY project.
Any electronic work including but not limited to wiring and inverter installation must be conducted by Registered Electrician who is also approved by your current power company.
It is very possible on any DIY project to damage your cottage, void your property insurance, create a hazardous condition, or harm or even kill yourself or others. Newnergy will not be held responsible for any of them.
If you are at all uncomfortable or inexperienced working on these projects (especially but not limited to electronics and mechanical), please reconsider doing the job by yourself.
As with any DIY project, unfamiliarity with the tools and process can be dangerous. Posts should be construed as theoretical advice only.
The materials on this site are distributed “as is” and appear on the site without express or implied warranties of any kind, except those required by the relevant legislation. In particular Newnergy makes no warranty as to the accuracy, quality, completeness or applicability of the information provided.
The materials provided in this website are for entertainment and promotional purposes only. You may not rely on any information and opinions expressed in it for any other purpose. Neither Newnergy, nor its officers, directors, employees, agents, distributors, affiliates, subsidiaries and their related companies are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or any other injury or cause related to or resulting from any information posted on Newnergy’s website.
By using this website, you agree to indemnify Newnergy, its officers, directors, employees, agents, distributors, affiliates, subsidiaries and their related companies for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.
The contents of www.newnergy.co.nz are owned by Newnergy Enterprise Group Limited unless otherwise noted and may be stored on computer for personal use only, not for presentation or publication.