By accessing or using our website at simplysolar.co.nz and other Simply Solar NZ Limited domains, including our Facebook page https://www.facebook.com/simplysolar and our social media channels (the “Sites”), brought to you by Simply Solar Limited NZ (Simply Solar) and its related entities, and our related entities, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of the Sites. Your access to the Sites is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this Agreement and anywhere else on the Sites.
We reserve the right to change the terms of this Agreement at any time, and you should check the Agreement from time to time for that reason. We will provide notification via the Sites and by email of any substantial changes to this Agreement. If we amend this Agreement and you do not notify us to the contrary, your continued use of the Sites will constitute your acceptance of the amended Agreement terms.
User Obligations
As a User, you are part of a community of people using the Sites. We require that all Users comply with certain standards of behaviour when using the Sites, uploading or downloading content or otherwise acting in your capacity as a User or related to the Sites. The standards required of Users are set out below.
The Sites, to the extent applicable, are only available for your personal use and is not to be used for any business or commercial purpose. You will not use the Sites for the purpose of advertising, promoting or soliciting any goods or services or otherwise engaging in trade or commerce.
You must respect all Users and contributors to the Sites and not make any remarks which are illegal, defamatory or likely to offend other Users or infringe upon any third party’s rights. We reserve the right to immediately remove any content submitted by any User at any time.
You are solely responsible for your engagement and contributions to the Sites. You must not knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or anything else which may compromise security of the Sites or be harmful to other Users.
Any content you submit to the Sites must be your own original work and not breach any other person’s rights. You warrant that you own all intellectual property in any such content and you authorise Simply Solar NZ Limited to use such content on the sites and for direct marketing purposes. We reserve the right to immediately remove any content that we deem at our absolute discretion to be a breach of any person’s intellectual property at any time.
As a User, you may be given the opportunity to participate in promotions or competitions hosted by Simply Solar from time to time. These competitions will be subject to individual terms and conditions, which you must accept before participating. Where a competition is run by a third party sponsor or another third party, Simply Solar is in no way responsible for the competition and you will be subject to any separate terms and conditions provided for the promotion.
Users must not post personal information on public or accessible parts of the Sites such as telephone numbers, addresses or other information that could be used to identify individuals. If you choose to do so it will be entirely at your own risk.
Simply Solar’s Obligations
Simply Solar will retain all other Personal Information you provide in confidence in accordance with our Privacy Policy.
Simply Solar will provide the Sites and content to you. Simply Solar will facilitate an online community through the Sites by providing content, enabling Users to contribute to the Sites and offering special offers and competitions. In undertaking its role, Simply Solar will endeavour to ensure all information on the Sites provided by Simply Solar is up to date to the best of its knowledge. However, Simply Solar will not be liable for any incorrect or incomplete information displayed on the Sites or for any comments or information posted by Users or other third parties.
Simply Solar may remove, vary or edit, delete, reject or remove any content which is posted by Users or third parties. The views which are expressed on the Sites are not Simply Solar views and Simply Solar accepts no liability in respect of any material posted and is not responsible for its content and accuracy.
Social Media
As part of the Sites you may elect to connect with us through various social media channels such Facebook, TikTok, Twitter, Instagram, YouTube and LinkedIn. In order to connect you will be required to set up your own account with the relevant social media site and you will be subject to terms and conditions prescribed by the operators of such sites. Simply Solar is in no way associated with or endorsed by any social media channels and is not responsible for any content posted by Users or other third parties through such sites.
Simply Solar’s Content
Except where expressly stated otherwise, we make no representations about the content and suitability for any purpose of the information contained on the Sites. It is provided “as is” without express or implied warranty of any kind. All content, including opinions, offers, statements and advice, made available through the Sites are those of their respective contributors and not of Simply Solar, and should not necessarily be relied upon. Simply Solar disclaims (to the full extent allowable by law), all warranties with regard to this information, including any advertisements, including all implied warranties as to merchantability or fitness for use. We shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to the Sites or the use or performance of information contained in it.
Your Content
Notwithstanding our right to supervise activity on the Sites, we have no obligation to monitor interactivity or content uploaded on the Sites directly by Users in any way. By participating as a User, you grant to Simply Solar a perpetual, royalty-free, non-exclusive, unrestricted, worldwide licence to use, copy, sub-license, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display any information or material you submit or upload to the Sites. Your licence will be by reference to the material placed by you on the Sites. You expressly waive in favour of Simply Solar and any other party authorised by Simply Solar all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire. Simply Solar retains the right and discretion (but not the obligation) to edit, delete, reject or remove any content or article which you post or seek to post on the Sites. You consent to Simply Solar collecting and storing your IP address for security purposes.
You will not submit any material to the Sites that:
- is unoriginal, or in which you don’t own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person;
- is (or could reasonably be expected to be) obscene, offensive, pornographic, vulgar, profane, indecent or unlawful;
- is (or could reasonably be expected to be) defamatory of any person;
- is racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; or
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
Indemnity
We accept no responsibility for your use of the Sites, contributions made by you to the Sites or the actions of other Users, and you agree to indemnify and hold harmless Simply Solar and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against Simply Solar by any person arising from or in consequence of your use of the Sites, and from and against any damage, loss, cost or expense suffered or incurred by Simply Solar as a direct or indirect consequence thereof.
Copyright
The content provided on the Sites by us (whether produced by a third party, Users or otherwise) may include copyright material. All content and other information, text, images, graphics, software, applications and advertisements contained on the Sites are protected by International and New Zealand copyright law, and all rights are reserved. Except where expressly stated otherwise all material on the Sites is presented for your information and entertainment only, and you are not permitted to download any material except when reasonably necessary to access the Sites or to participate as a User. When you access the Sites, you agree that you do so, on the following conditions:
- Except as noted above, you may retrieve, review or download the material for your personal information and entertainment only.
- You may save a local copy of or print material from it for your own personal information or entertainment, and to inform others about it, but you may not charge any fee for any use and all commercial exploitation of any material on the Sites is expressly prohibited.
- Any copyright notice or mark appearing on any material on the Sites must be included on any copy you make.
- You must keep all material intact and in the same form as presented on the Sites; you may not modify it without the express permission of Simply Solar.
- You must not use the Sites or any of the material contained in it for any purpose which is unlawful, prohibited under this Agreement, or which violates any right of Simply Solar or any other owner of any rights in the material contained in the Sites.
Trademarks
The Simply Solar’s logos and slogans used on the Sites are registered trademarks and may not be used without the prior specific and written permission of Simply Solar. No other trademark appearing in the Sites may be used without the prior specific and written permission of the trademark owner.
Links and Advertisements
The Sites may contain hyperlinks to internet sites operated by third parties which may be accessible through advertisements, content or through email communications. We will endeavour to ensure that all links are current but we are not responsible for the contents of any linked sites. The inclusion of any link does not imply any endorsement of the linked sites by Simply Solar. Any link within the Sites, which takes you to a third-party site should only be clicked on at your own risk. Simply Solar does not endorse or in any way adopt representations made by advertisers on the Sites or any linked website, nor are any offers made by such advertisers or site operators also made by Simply Solar.
Governing Law
This Agreement between you and Simply Solar will be governed by the Laws of New Zealand. If any provision of this Agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the Agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
Updated: 27/03/2023