Website Terms of Use

Overview

Meridian Energy Limited’s Website Terms of Use set out below are a legal agreement between you, the website user and Meridian. Please read them and our Privacy Policy. In summary, the terms set out the following.

• Meridian's Privacy Policy covers how we treat your personal information.
• You agree not to use this website for any illegal purpose.
• Meridian may change or remove this website at any time without notice.
• The trade marks on this website belong to Meridian, our licensors, or our affiliates. Likewise, the materials and content on this website are our intellectual property and belong to us. You cannot use or reproduce these without permission.
• In limited circumstances you may use and reproduce the content on this website. These include for your personal, non-commercial use provided you acknowledge this website as your source. You may not make more than one copy of any material, reproduce any of our material on another website, or redistribute material without our written permission.
• If you give us feedback, you permit us to use that feedback to improve our website, products, or services without restriction and without remuneration.
• You consent to receiving emails from us, and you agree that emails satisfy any legal requirement for communications to be in writing.
• While we do our best to make sure that information available on this website is accurate and free from errors, we do not guarantee its accuracy. There may be interruptions or delays on the website that we can’t prevent. Likewise, while we do our best to prevent the presence of viruses or malicious code on this website, we cannot guarantee this outcome.
• You may create hyperlinks to this website, but must not create "hotlinks" to this website without getting our prior permission. You will be responsible for all losses we may suffer as a result of any hyperlink or hotlink you create.
• We are not responsible for any damages or loss arising from this website or from use of any material available through this website or for any access to or use of your information or data by unauthorised persons.
• This website is controlled from New Zealand, New Zealand laws apply, and New Zealand courts have jurisdiction.

1. Introduction

meridianenergy.co.nz (‘this website’) is owned and operated by Meridian Energy Limited (‘Meridian’, ‘we’, ‘us’, ‘our’). These terms of use constitute an agreement between you, the website user, (‘you’, ‘your’) and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you are agreeing that you have read, understood and accepted these terms of use, and that you agree to be bound by them.

2. Your privacy

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these terms of use must be read together with our Privacy Policy.

3. Changes

We reserve the right to add to, modify, suspend, or remove this website or any information, specification, or feature incorporated in this website at any time and without notice. We reserve the right to change these terms of use from time to time by publishing the changed terms on this website. You should review these terms of use periodically to be aware of such changes. By continuing to access or use this website following such publication you accept the revised terms of use.

4. Your use of this website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval in each case. Permission to use material from this website may be sought from webupdates@meridianenergy.co.nz.

5. User content

This website may enable you to submit information and other user-supplied content (‘user content’). By creating, modifying, transmitting, uploading, or submitting any user content, you:

• grant us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, licence to publish and make available to the public your user content (by all means and in any media now known or hereafter developed) to other users of this website and other users of our services in such manner as we may permit from time to time
• acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the rights granted above.

We have no obligation to you to make this website or any user content available. We may at any time edit or remove from display any part of this website (including your user content) as we deem appropriate.

6. Trade marks

The name and logo of Meridian and all trade marks appearing on this website belong to us or our licensors or affiliates. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission in each case.

7. Intellectual property

The materials displayed on this website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in materials available through this website including text, illustrations, artwork, photographs, video, music, sounds, layout, designs, software, source code, belong to us or to our licensors (together, ‘our intellectual property’).

Except in accordance with section 8 below or with our prior written permission, you may not in any form or by any means:

• use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way any works contained in any part of this website
• commercialise any information, products or services obtained from any part of this website.

8. Limited permission to use materials

Subject to the restrictions in section 9 below, you are permitted to download and print extracts of material or content from this website in the following situations only:

• for your personal, non-commercial use
• for criticism, review or news reporting of current events, provided that an acknowledgement of source of such materials is provided in each case
• for research or private study
• where insubstantial portions of such material or content are quoted in another document provided that an acknowledgement of the source of such materials is provided in each case.

You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use that we post on this website.

9. Restrictions on copyright clearance

The permissions given in section 8 above are subject to the following conditions unless you obtain our express prior written permission in each case:

• no more than one copy of such material may be made
• no part of the website or any material or content appearing on this website may be reproduced or stored in or transmitted to any other website
• no material or content appearing on this website may be redistributed, disseminated, transmitted or broadcast in any form, either electronic or non-electronic, or included in any retrieval system or service.

10. Feedback and unsolicited submissions

If you give us feedback about this website or our products or services, we may use that feedback for the purpose of improving our website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation. If you do send us unsolicited ideas:

• they will be treated as if they were ‘user content’ in accordance with these terms of use
• they will be deemed to be non-confidential
• we will not be required to provide any acknowledgement of their source.

11. Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

12. Disclaimers

We endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors. However, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

You acknowledge that if you rely on this website or any materials available through this website, you do so solely at your own risk.

The views expressed in any third party material published on this website are not necessarily the views of Meridian and we expressly disclaim all responsibility for the content of any third party material published on this website.

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to those services.

13. Limitation of liability

To the full extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website or any material appearing on this website, or from any action or decision taken as a result of using this website or any such material.

14. Availability

Due to the nature of the internet and electronic communications, we and our service providers do not warrant that this website or any associated services will be error free, without interruption or delay, or free from defects in design. Your use of this website and any associated services may be subject to interruption, restriction, or delay. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted, restricted, or delayed for any reason.

15. Hyperlinks and third party websites

You may create one or more hyperlinks to this website but you must not create any hotlink, inline link, or direct link (each a "hotlink") to this website (or any file on this website) or embed any page of this website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hotlink to this website, please contact us. If you do create a hyperlink or hotlink to this website or embed this website in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink, hotlink, or embedding and you will indemnify us against all claims arising from, or in connection with, that hyperlink, hotlink, or embedding.

This website may provide links to internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for their contents (including the accuracy or legality of any linked site or any material contained in a linked site). We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.

16. Malicious code

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.

17. Security

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this website or any outbound hyperlink.

18. Governing law

This website is controlled and operated by us, from offices within New Zealand. Details contained on this website relating to the products and services have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.

These terms of use were last updated on 11 May 2011.