Terms and Conditions

1. Scope of Agreement
   1. The GLOBUG General Terms and Conditions may be updated by us from time to time and the most current version is available on our website (www.globug.co.nz). You accept from us the supply of Energy and other associated services as necessary or as agreed in accordance with the current GLOBUG General Terms and Conditions, our Pricing Plan, our Dispute Resolution Process, and any agreed Special Terms. Together, these all form our "Agreement" with you.
   2. The Special Terms (if any) will prevail if there is any conflict or inconsistency between them and the GLOBUG General Terms and Conditions.
   3. You are responsible for paying for the services in this Agreement and for making sure your contractual obligations are met.
2. Becoming Our Customer
   1. You will become a customer by completing our GLOBUG account application process.
   2. We strongly recommend you do not use GLOBUG or any other prepaid Energy service plans if you or any member of your household is (or becomes) a Medically Dependent Consumer. If you or any member of your household is or becomes a Medically Dependent Consumer, you must notify us immediately on 0800 PREPAY and we can discuss alternative service plans. By accepting Energy and other services under our Pricing Plan and the terms of this Agreement, you confirm that:
      1. neither you nor any member of your household is a Medically Dependent Consumer; or
      2. you have notified us of that you are, or any member of your household is, a Medically Dependent Consumer and have elected to receive Energy and other services under our Pricing Plan and the terms of this Agreement despite our recommendations to use a non-prepay service plan.
   3. You may be required to provide us with evidence of your tenancy or occupation of the Property or any other requirements for promotional, special or discounted rates before we accept your application.
   4. We will respond to your application within 14 days. If your application is accepted (which we may do or decline to do at our sole discretion), or you otherwise become a Customer, you will be bound by the terms of this Agreement.
   5. Upon becoming our Customer, we will send you a Welcome Pack summarising the important information in relation to your Energy supply. The Welcome Pack does not replace this Agreement which governs our respective rights and obligations.
   6. More than one person may be the Customer at any Property. This Agreement will apply to each such person individually and to all such persons jointly. As a Customer, you are liable for the full amount of any rates, fees and charges, even if another person at the Property has not paid his or her share. In other words, we can recover unpaid rates, fees and charges from any one or more of the persons who is a Customer at the same Property.
   7. You must notify us if you no longer wish to be a joint Customer. We may require the remaining Customers to enter into a new agreement. If you wish to terminate this Agreement, you must comply with clause 17.1.
   8. You may nominate a preferred contact person or persons to make decisions and deal with us for you under this Agreement. You confirm that your nominated contact person is 18 years or older. You will remain responsible for meeting your obligations under this Agreement.
3. Start Date of this Agreement
   1. Unless there is a different date set out in any Special Terms, you will be bound by this Agreement from when you become our Customer.
   2. This Agreement is our entire agreement and replaces all prior agreements, understandings, and communications relating to our supply of Energy to you at any Property or Properties supplied under this Agreement.
   3. This Agreement continues until lawfully terminated.
4. Type and Quality of Services
   1. We will supply you with Energy and provide other associated services as necessary or as agreed in accordance with this Agreement and we will at all times endeavour to ensure the quality of the services that we provide to you meets:
      1. the requirements set out in this Agreement;
      2. all legal requirements and applicable statutes, regulations, and industry rules and codes of practice (including without limitation the Code, the Electricity Industry Act 2010 and the Consumers Guarantees Act 1993 (as amended, varied or replaced from time to time)) as well as any requirements that the Lines Company may impose relating to use of its local lines; and
      3. good industry practice.
   2. In order to supply you with Energy and/or other associated services you may be required to provide us with a certificate of compliance issued or approved by the Lines Company that certifies that the wiring to your Connection Point complies with any Industry Codes and Standards and regulations and/or fittings and appliances comply with all legal requirements and Industry Codes and Standards. We will be under no obligation to provide you with Energy or other associated services until any required certificate of compliance has been provided.
5. Responsibility for Energy Supplied
   1. Responsibility for Energy passes to you on delivery of Energy to your Connection Point(s). This is typically at the point where the service wire from the property connects to the pole outside the property boundary (or, in the case of underground supply, the connection point under the street). If you are unable to find out where your Connection Point is, you can call us on 0800 PREPAY.
   2. You agree to notify us in advance of any significant and foreseeable change in your Energy consumption volume or pattern or of any proposed change in Equipment at the Property that may affect your Energy supply in any material way.
   3. You must not on-sell the Energy supplied to your Connection Point(s) without our consent.
6. Ownership and Responsibility for Equipment
   1. You are responsible for repairing and maintaining all Equipment on the Property that is not owned or provided by us or Our Representatives including your meter box or meter board and any fuse board or other wiring on the Property. You are responsible for any electricity lines running from the Connection Point to any other point on the Property.
   2. You agree not to claim, or attempt to give any other person, any ownership or security rights in any Equipment on the Property owned by us or Our Representatives. Title to Equipment supplied by us remains with us and you have no rights in or title to any such Equipment unless you have paid for that Equipment in full. Any Equipment supplied by us is not a fixture and can be removed by us.
   3. You agree:
      1. to protect all Equipment on the Property from damage and unauthorised interference;
      2. not to interfere, tamper with, damage or remove from the Property any Equipment belonging to us or Our Representatives and to prevent other unauthorised persons from doing so;
      3. to keep trees and other vegetation clear of all Meters, Equipment, fittings and electric lines on the Property (and if you do not, we or the Lines Company may give you written notice requiring you to clear the trees and vegetation within a specified time at your cost) and to comply with the Electricity (Hazards from Trees) Regulations 2003;
      4. to notify us immediately of any damage to, or interference or fault with, any Equipment on the Property;
      5. to cooperate in good faith with our investigations into any such damage to, or interference or fault with, any Equipment;
      6. to ensure that the way you use electricity at your Premises does not interfere with the quality of the electricity supplied to others, or interfere with the lines network and to stop any interference as soon as you become aware of it;
      7. to use Energy safely and ensure all wiring, fittings and Equipment on the Property are safe, and ensure that only suitably qualified tradespersons carry out any required work on the wiring, fittings and Equipment on the Property;
      8. to provide, on a continuing basis, safe and secure housing for all Equipment on the Property;
      9. not to connect one Connection Point to another or interfere with our or any other person's Energy supply;
      10. not to allow Energy supplied to the Property to be taken illegally or used at any other property; and
      11. to comply with the Lines Company's standards relating to network connection as established, amended and replaced from time to time.
   4. You must notify us immediately if you become aware of any fault in your Energy supply, including any fault with the Equipment, by phoning us on 0800 PREPAY.
   5. You must give us notice at least 7 days prior to any excavation or modification being carried out on the Property that may affect the supply of Energy to you or any other person.
   6. You may, with our prior written consent and with the prior written consent of the Lines Company, connect or modify any Equipment on the Property so as to enable electricity generated on the Property to be conveyed through the Lines Company's network. Any consent by us and any conveyance of electricity generated by you through the Lines Company's network shall be subject to the terms and conditions set out in the Distributed Generation Terms and Conditions (which may be obtained by contacting our Customer Service Representatives) and such other terms and conditions as we or the Lines Company may reasonably require.
   7. We may charge you for:
      1. the cost of investigating, and the cost of repairing or replacing, damaged or faulty Equipment;
      2. the cost of modifying or disconnecting any generation or other Equipment on the Property that fails to comply with any conditions required to be met under clause 6.6; and
      3. the price (as estimated by us) of any unmeasured supply, if Equipment on the Property is damaged or interfered with.
   8. When any of our Equipment is no longer required, or upon discontinuance of our supply of services to you (whether by termination of this Agreement or otherwise) we may remove any Equipment which we or Our Representatives own or control in respect of the Property. If you refuse to allow us to recover the Equipment, we may (to the extent lawful) enter any premises where we believe the relevant Equipment may be located, during normal business hours, to recover that Equipment.
7. Meters and Testing
   1. Unless otherwise agreed, the quantity of Energy delivered to your Connection Point must be measured by a Meter. If there is not a Meter on the Property, or the Meter on the Property is not capable of operating with our GLOBUG metering equipment or does not meet the requirements of the Code and other applicable Industry Codes and Standards, you must immediately contact us and obtain one from us. You must not install or use any Meter supplied by another meter supplier or third party (including any used or second hand Meter). We may use and be responsible for any third parties who we contract with to install and service Meters on our behalf. If you do not own the Property you must obtain the owner's or landlord's permission before a Meter is installed. We or Our Representatives may read the Meters on the Property physically, electronically or by any other method.
   2. We will inform you of the costs of Meter installation or upgrade prior to undertaking any such works (if any). We will not charge you for installation or upgrades of Meters where you have a current Meter that meets the requirements of clause 7.1.
   3. You remain responsible for ensuring that any Meter (including any Meter component) that is not provided by us or Our Representatives meets the requirements of the Code and other applicable Industry Codes and Standards. Your obligations are set by the Electricity Authority EA and can be found at www.ea.govt.nz.
   4. If you do not have a Meter which meets the requirements in clause 7.1 or we are unable to access the Meter relating to the Property during Business Hours, we may disconnect your supply of Energy.
   5. If any Meter is supplied by us or Our Representatives (whether prior to or during the term of this Agreement), you must not disconnect, remove or replace such Meter with another meter (other than with a meter also supplied by us or Our Representatives), or permit such disconnection, removal or replacement without our prior written consent, which may be withheld at our sole discretion.
   6. All Meters will be deemed to be accurate and all measurements taken from the Meter will be binding on us both unless either of us disputes the accuracy of the Meter. In that event, the relevant provisions of the Code and other applicable Industry Codes and Standards shall apply. If you think that the Meter is faulty, we or Our Representatives will check the Meter within 14 days of a request by you. If the Meter is found to be accurate, we will charge you a fee for this service. Current fees for inspection and call out are set out on our website (www.globug.co.nz)or by contacting our Customer Service Representatives. If the Meter is found to be inaccurate and you have been incorrectly charged for Energy, if necessary, we will arrange for the repair or replacement of the faulty Meter and any under payment or over payment will be paid in the manner set out in clause 10.6. However, no credit will be given if we or Our Representatives determine that the Meter has been tampered with.
   7. We will arrange and pay for the repair of Equipment owned by us or Our Representatives unless we find that the Equipment has been tampered with, in which case you will pay for such repairs. If such tampering has prevented all or part of the Energy usage at the Property from being accurately measured, we may disconnect your Energy supply, take legal action against you, and charge you for:
      1. the estimated cost of the unmeasured Energy supplied which we shall determine in our reasonable discretion;
      2. the cost of repairing, replacing, or resecuring the Equipment;
      3. the administration costs involved in investigating the tampering and preparing an assessment of Energy usage; and
      4. a reconnection fee on reconnection of your Energy supply should we, at our absolute discretion, agree to do so.
   8. You must not obtain any data or information from our Equipment other than by way of the services we provide to you under this Agreement. Obtaining data or information from our Equipment other than by way of the services we provide to you will not in any way affect your obligation to pay for the services.
   9. You agree that we own all metering data and any other data collected by the meter. To the extent that any metering data or other data constitutes "personal information" for the purposes of the Privacy Act 2020, we will ensure that the metering data is held by us in accordance with the Privacy Act 2020 and the provisions of clause 23 shall apply.
8. Reading the Meter
   Unless otherwise agreed, our charges for Energy supplied will be based on your Energy usage taken from readings of the Meters on the Property. If, for any reason (including without limitation, being unable to carry out a remote reading or due to difficulty in accessing the Property) we cannot read the Meters or obtain the required data about your Energy usage, we may estimate your Energy usage.
9. Access
   1. You must ensure that we and Our Representatives have safe and unobstructed access (including unobstructed vehicle access, as assessed by us and/or Our Representatives, to and over the Property (and any premises in which Meters or Equipment are located) at all reasonable times, for the following purposes:
      1. to inspect or take readings from the Meters or to verify any metering information;
      2. to install, connect or disconnect, test, inspect, maintain, repair, replace, operate, move or remove Meters or other Equipment owned by us or Our Representatives;
      3. to connect, disconnect or reconnect where remote connection, disconnection or reconnection fails or is impractical your Connection Point;
      4. to restore Energy following an unplanned outage;
      5. to investigate the cause of any interference to Energy supply;
      6. to clear trees, vegetation or other obstacles from lines and related equipment if you fail to do so as required by clause 6.3(c);
      7. to protect, or to prevent damage or danger to, people or property;
      8. to disconnect the Energy supply in accordance with clause 13; and/or
      9. for any other reason relevant to the provision of Energy supply or network services by us or the Lines Company.
   2. If we access your Property to clear trees, vegetation or other obstacles from lines and related equipment, you will pay any costs incurred by us in doing such clearing.
   3. If we or Our Representatives access your Property for construction, upgrade, repair or maintenance then we will give you at least 10 working days' notice. If the access is to inspect or operate any Equipment used in, or in connection with, the generation, conversion, transformation or conveyance of Energy, we will give you at least 5 Working Days' notice (unless a shorter period is reasonably required for safety or other urgent reason).
   4. Your obligations under this clause include ensuring any animal on the Property is kept under control.
   5. If you do not ensure that we or Our Representatives have safe and unobstructed access, as assessed by us, to the Property or the Meters or other Equipment, or if the location or other characteristics of the Property or Meter make it difficult for us or Our Representatives to access the Property and/or read any Meter, you will be deemed to have requested that we resolve such access issues and to accept any costs incurred in relation to resolving such issues (including any applicable callout or other fees). Such additional costs may include the cost of the equipment and services that we determine are required to resolve such access issues. To avoid doubt, such fees may include one-off and/or ongoing fees. If we are unable to resolve any access issues, we may disconnect the supply of Energy to the Property in accordance with clause 13. Details of our current fees and charges can be found on our website (www.globug.co.nz) or by contacting our Customer Service Representatives.
   6. When accessing your Property, we and Our Representatives will take reasonable steps to minimise any direct impacts on your Property and any inconvenience to you. We and Our Representatives will also comply with any of your reasonable requirements, such as the time of entry, driving in a safe manner and leaving gates as found. We will also act courteously, considerately, and professionally at all times.
   7. We and Our Representatives will carry proper identification at all times when accessing the Property for any purpose, and identify ourselves before entering your Property.
   8. The access rights conferred under this clause 9 are in addition to any access rights conferred by any statute or regulation.
   9. If we, Our Representatives or the Lines Company reasonably believe that there is immediate danger to persons or property, we, our Representatives or the Lines Company (as relevant) may take reasonable steps to gain access to the Premises without your permission.
10. Price and Payment
    1. Unless agreed otherwise, Energy must be purchased in advance of being consumed. We will charge you for Energy and other associated services and costs at the rates, fees and charges detailed in our Pricing Plan. These rates, fees and charges will be deducted from the prepaid credit in your GLOBUG account. You may request details of our Pricing Plan at any time from our Customer Service Representatives. We may also charge you service fees for services provided under this Agreement at our then current rate. You may request a copy of our current fees from our Customer Service Representatives or view them on our website (www.globug.co.nz).
    2. You will pay the charges (plus GST, if any) for Energy supplied to your Connection Point and any other associated services and costs in accordance with the Pricing Plan. You will pay any rates, fees and charges (plus GST, if any) we charge you for Energy and other associated services and costs not expressly covered under our Pricing Plan or the Special Terms, including any government imposed taxes, fees and levies which we may pass on to you. These charges and services will be deducted from the prepaid credit in your GLOBUG account.
    3. You will pay the charges for network services or other services (that relate directly or indirectly to our continued supply of Energy to you) provided by the Lines Company or other third parties. You agree to pay to us all such charges (plus GST, if any) and any other charges payable by you under this Agreement. We will apply all such payments on the basis agreed between us and the Lines Company or other third parties and we may directly deduct these charges from the prepaid credit in your GLOBUG account.
    4. We will provide you with sufficient information to enable you to check the amount we have charged you for Energy and other products and services, including (where appropriate for the products and services):
       1. the quantity of Energy supplied (or estimated to have been supplied);
       2. all relevant fees and charges deducted from your account in respect of such supply; and
       3. all other products and services provided to you.
    5. If you have difficulty in topping up or recharging the prepaid credit in your GLOBUG account, you should contact us to discuss alternative arrangements.
    6. If you dispute the accuracy of any of our rates, fees or charges, you must contact us and notify us of the dispute and the amount in dispute. The only disputes to which this clause applies are disputes as to accuracy. If you have paid a disputed amount and it is found that we have made an error and charged you an incorrect higher amount, we will refund the difference between the incorrect and correct amounts by crediting the prepaid credit in your GLOBUG account.
    7. If, for any reason, we make an error in calculating any charge or have charged you an incorrect amount:
       1. if we have overcharged you, on becoming aware of the error, we will promptly credit your GLOBUG account with the difference between the incorrect and the correct amounts;
       2. if we have undercharged you, we will deduct the difference between the incorrect and the correct amount from the balance of your GLOBUG account within 14 days of our advising you of the correct amount. If you do not have a sufficient balance in your GLOBUG account, we will deduct the amount when your account next has a sufficient balance. You remain liable to us for the difference until it is paid in full. Subject to clause 7.6, if the undercharging has continued for a period of two months or more, we will only recover the undercharged amounts from the last two months prior to the discovery of the error unless you have contributed to the error or could have reasonably been expected to have known of the error (in which case we will recover the entire undercharged amounts).
       No interest is payable on any amount overpaid or underpaid in the case of an incorrect amount.
    8. If we require you to use our GLOBUG prepaid service because there are overdue amounts owed to us by you under another service plan, we may apply a minimum of one quarter of each prepaid amount (or a higher portion as nominated by you) toward payment of that debt and the balance of each prepaid amount as pre-payment for Energy and associated services to be supplied until the debt is paid in full.
    9. If you close an account with another Energy Retailer (for whom we have an agreement to collect debt) or with us, we may also apply prepaid credit from your GLOBUG account to any balance outstanding on the closed account in amounts described in clause 10.7. If you do not have sufficient available credit we will deduct the amount when your account is next in credit and in all other circumstances you remain liable for this amount until it is paid in full.
    10. If you are on a promotional, special or discounted rate, and that rate requires you to meet certain requirements (for example, that you are a holder of a current Community Services Card), we may require you to provide us with proof that you meet those requirements to our reasonable satisfaction. You need to notify us immediately on 0800 PREPAY if you no longer meet those requirements. Failure to do so may result in us recovering any undercharged amounts and/or terminating this Agreement in accordance with clause 17.2.
11. Interruptions to Supply
    1. In addition to the circumstances set out elsewhere in this Agreement, your Energy supply (or the supply to controlled appliances such as hot water cylinders) may be interrupted or reduced, or any Meter temporarily disconnected:
       1. for maintenance or testing of, or for repairs or alterations to, or for replacing and installing Equipment or an electricity distribution network;
       2. for emergency or load management reasons;
       3. in accordance with our Pricing Plan;
       4. for health and safety reasons, or to avoid danger to persons or damage to property;
       5. to upgrade or protect your or another person's Energy supply, or to connect another person to an electricity;
       6. on the instructions of or by the Lines Company, Transpower or other operator or owner of electricity distribution or transmission network;
       7. on the instructions of the Electricity Authority or other regulatory authority; or
       8. for reasons beyond our reasonable control or the reasonable control of the Lines Company.
    2. If we, or the Lines Company plan an interruption pursuant to clause 11.1(a) or (e), which will affect your supply of Energy, we, or the relevant Lines Company will give you at least 4 Business Days notice of the interruption. Where your supply is interrupted for any other reason, we, the Lines Company (as relevant) will give you as much notice as is reasonably practicable of the time and expected duration of the interruption. Notices under this clause may be given either by mail, by a public notice in a local newspaper, by telephone or by posting such notice on our website (www.globug.co.nz). This notice requirement does not apply to routine interruptions of supply in accordance with our Pricing Plan (e.g. controlled water heating). Information about planned interruption can be found on our website (www.globug.co.nz) or by calling 0800 PREPAY.
    3. If your supply is interrupted for any reason within our control (other than where it has been disconnected in accordance with this Agreement), we will restore your supply as soon as reasonably practicable.
    4. Surges and spikes are momentary fluctuations in voltage or frequency, and are not treated as interruptions.
12. Sensitive Equipment
    Voltage and frequency fluctuations can damage sensitive appliances. It is your responsibility to protect your sensitive appliances by installing suitable protection devices or by making other arrangements to protect your equipment. If you have any questions or concerns about the protection of sensitive appliances, we are happy to assist you - please phone 0800 PREPAY to discuss with one of our Customer Service Representatives. We will not be liable to you in any way as a result of any voltage or frequency fluctuation, except to the extent of any remedies available to you under the Consumer Guarantees Act 1993 (if applicable).
13. Disconnections and Reconnections
    1. We, Our Representatives, or a Lines Company may disconnect the Energy supply to you if:
       1. a circumstance described in clause 13.2(a) occurs;
       2. we need to protect health and safety or prevent damage to property;
       3. we have proof or a reasonable suspicion that there has been tampering with a Meter, Equipment, pipes, lines, or fittings relating to the Property;
       4. we or any of Our Representatives are denied or cannot get access to the Property sufficient (in our sole opinion) for the purposes of this Agreement for a period of more than 3 months;
       5. you ask to have your supply disconnected;
       6. you fail to provide any of the certificates of compliance as required under clause 4.2 above;
       7. we end this Agreement in accordance with clause 17 or you cease to be a customer pursuant to clause 2.4; or
       8. the Lines Company requires the supply to be disconnected either pursuant to your agreement or our agreement with them. Without limiting the above, the Lines Company may perform a temporary disconnection when:
          1. it is necessary to avoid endangering persons or property; or
          2. there has been an occurrence, or there are circumstances, that may adversely affect the proper working of the electricity distribution network or the transmissions system; or
          3. the Lines Company has planned maintenance activities to complete;
          4. you are not a party to a valid agreement with us or the Lines Company; or
          5. our agreement with the Lines Company otherwise gives them rights to perform a temporary disconnection.
    2. Disconnection of your Energy supply may be immediate if:
       1. after 12.00am on any given day, the prepaid credit in your GLOBUG account reaches $10.00 or less. In such a case, your Energy supply will be disconnected at 12.00pm the following day. To avoid disconnection you are required to make a top-up payment on your GLOBUG account prior to 11.30am on the following day, so that your prepaid credit in your GLOBUG account, after any deductions pursuant to clause 10, is more than $10.00. The charge for the Energy you use within this period will be deducted when your GLOBUG account next has a sufficient balance. You remain liable to us for this amount until it is paid in full.
       2. we or the Lines Company need to protect health or safety or prevent damage to property;
       3. the Lines Company instructs us to disconnect your supply immediately; or
       4. we have proof or reasonable suspicion that there has been tampering with a Meter, Equipment, pipes or fittings.
    3. If we agree, at our absolute discretion, to reconnect your Energy supply following disconnection for any of the reasons set out in 13.1(b) to (h), we may require one or more of the following prior to reconnection:
       1. payment of outstanding rates, fees or charges owed to us;
       2. payment of any collection costs we incur in obtaining payment of the amounts you owe us;
       3. payment of any charges for services (such as fixed line or network charges) that may accrue while your energy supply is disconnected;
       4. payment of a reconnection fee (if any);
       5. a satisfactory arrangement for access to Meters to be made; and/or
       6. a valid certificate of compliance in respect of Equipment installed at the Property.
       Our current disconnection and reconnection fees can be found on our website (www.globug.co.nz) or by calling our Customer Service Representatives.
    4. We can only reconnect your Energy supply following disconnection under clause 13.2(a) once you have topped up or recharged your GLOBUG account and have either called us on 0800 PREPAY to request reconnection through our automated process, or have requested reconnection through our Mobile App. We may reconnect your Energy supply to your Property either remotely or physically but in all cases someone who is able to confirm to us that it is safe to reconnect the Energy supply must be at the Property.
    5. When we reconnect your Energy supply you are reconfirming your acceptance of our Agreement with you.
    6. If your Energy supply is disconnected at your request (including temporary disconnections) or because of your breach of this Agreement we may charge you for any costs associated with the disconnection including the costs of any attempted disconnection.
    7. You agree that you or your representative will be present at the Property at the time of any connection or reconnection of your Energy supply (by us or Our Representatives).
    8. Once you have satisfied the requirements for reconnection, we will restore your supply as soon as reasonably practicable.
14. Lines Company Requirements
    1. We do not own the lines network through which Energy is delivered to you. The Lines Company owns and is responsible for the network including monitoring and maintaining the equipment used in the provision of network services in accordance with good industry standards.
    2. You may have an agreement directly with the Lines Company for network services. Where this is not the case, we have an agreement with the Lines Company to provide network services to you.
    3. We or the Lines Company may charge you directly for network services or the Lines Company may appoint us as its agent to collect the charges for network services from you and pay the charges to them. Unless you are given notice directly by the Lines Company, we will give you at least 30 days' notice of any changes to the charges for network services unless and to the extent that our agreement with the Lines Company require such changes to be made in circumstances where we are unable to give you that period of notice, in which case we will use reasonable efforts to give you as much notice as practicable.
    4. If the Lines Company has entered into an agreement with us it will contain certain terms and conditions that you are required to meet. Many of these conditions have been included elsewhere in this Agreement. In addition, you:
       1. must meet all the legal and industry requirements and the Lines Company's standards;
       2. must provide and maintain, on a continuing basis, suitable space for the safe and secure housing of any of the Lines Company's equipment;
       3. acknowledge that the Lines Company has no liability to you in relation to the supply of Energy;
       4. may be liable for line charges or network charges during a temporary disconnection;
       5. must not convey or receive, or attempt or permit any other person to convey or receive, any signal or communication over any part of the network from any person other than us or the Lines Company;
       6. must not modify, connect or disconnect any Equipment to or from the network; and
       7. must not send electricity back through your connection onto the Lines Company's network unless and until you have complied with the requirements of clause 6.6.
    5. If you enter into any agreement or arrangement with any third party in relation to control of your load you must ensure that:
       1. the load is not already subject to the Line's Company's right of control;
       2. the third party does not interfere with or damage the Lines Company's or our Load Control Systems (being, a control and communications system for controlling parts of your load and consisting of loading signalling equipment and load control equipment.);
       3. if any damage occurs due to the actions of the third party you must promptly and at your own cost remove the source of the interference and make good the damage;
       4. the third party makes the load available to the Lines Company to enable it to fulfil any performance obligations it has as an asset owner (in respect of managing system security in accordance with the Code) and to meet any applicable service standards for distribution services; and
       5. prior to controlling the load, the third party has entered into an agreement with the Lines Company which sets out the protocols for the use of the load, including the matters set out above and the coordination with the Lines Company of the disconnection and reconnection of load.
    6. The terms and conditions included in this Agreement at the request of the Lines Company are for the benefit of the Lines Company, and their respective directors, employees, and authorised agents pursuant to the Contracts (Privity) Act 1982.
    7. To the extent required under any agreement we have with any Lines Company, you indemnify that Lines Company against any direct loss or damage caused or contributed to by the fraud of, dishonesty of or wilful breach of these terms and conditions by yourself or any of your officers, employees, agents or invitees arising out of, or in connection with, any services provided by that Lines Company to us under any agreement we have with the Lines Company.
15. Liability
    1. Nothing in this clause shall limit or reduce your rights (if any) under the Consumer Guarantees Act 1993, unless you acquire Energy or other goods and services from us for the purpose of a business, in which case you agree that the Consumer Guarantees Act 1993 will not apply.
    2. If you on-supply electricity to an end-user you must include provisions in your agreement with the end-user that exclude any warranties from us or any Lines Company to the fullest extent permitted by law, including where the end-user is acquiring, or holds itself as acquiring, electricity for the purpose of a business.
    3. If, as a result of our negligence, property has been physically damaged and the loss to you was reasonably foreseeable, we will pay the costs of repairing the damage or, at our discretion, replacing the damaged property.
    4. We will not be liable to you for:
       1. any other direct loss or damage caused through:
          1. breach of contract or breach of any other obligation owed to you for any other reason;
          2. the negligence, omission, or any other act of a third party; or
          3. any event beyond our reasonable control;
       2. any economic loss (including loss of profits), indirect or consequential loss or damage; or
       3. damage caused to appliances (whether as a direct or indirect result of our acts or omissions),
       except to the extent (if any) that we are liable under the Consumer Guarantees Act 1993 to compensate you for such loss or damage.
    5. If, for any reason other than the application of the Consumer Guarantees Act 1993, we cannot rely on the above exclusions of liability, or where we are liable pursuant to clause 15.2, then our liability will be limited to:
       1. $10,000 for any single event or series of related events occurring on a network system; or
       2. a total of $10,000 for any single event or series of related events occurring on a network system that affects more than one consumer.
    6. You will indemnify us and Our Representatives for all costs, losses, liabilities, claims, or damages (including legal costs) that may be incurred:
       1. in recovering amounts owed by you under this Agreement; and/or
       2. as a direct or indirect result of your breach of this Agreement.
    7. Without limiting the generality of clause 15.5, you will indemnify us and Our Representatives (as applicable) for all fines and other penalties for which we or Our Representatives may become liable due to any failure of any Meter at the Property to comply with the requirements of the Code or any Industry Codes or Standards, except where that Meter was provided by us or Our Representatives and where such Meter has not been tampered with leading to such non-compliance.
    8. Where we contract on your behalf for the provision of lines or network services, we will pass on any credits or refunds received from the Lines Company received by us for their failure to meet any service guarantees made for your benefit. This pass through will be allocated among our customers at our absolute discretion and may be reduced by an appropriate amount to cover our reasonable administrative costs.
    9. This clause 15 is also for the benefit of, and is enforceable by, Our Representatives pursuant to the Contracts (Privity) Act 1982.
16. Dispute Resolution
    1. Our Dispute Resolution Process is a free service and will apply if you have a complaint or dispute concerning any matter in relation to this Agreement (other than a complaint about the nature or level of our charges).
       To lodge a complaint with GLOBUG please phone our GLOBUG Customer Service Team on 0800 773 729 or fill in a formal complaint form at http://www.globug.co.nz/formal-feedback/
       
       If you are dissatisfied with our decision on your complaint, or we have taken longer than 20 working days to provide you with a decision on your complaint and we have not notified you of the reasons for a longer timeframe, you have the right to take your complaint to Utilities Disputes Ltd. Utilities Disputes Ltd is a free and independent disputes service and can be contacted at:
       Phone: 0800 22 33 40
       Website: www.udl.co.nz
       Post:
       Utilities Disputes Ltd
       Freepost 192 682
       PO Box 5875
       Lambton Quay
       Wellington 6145
       
    2. If you dispute the correctness of charges we will not disconnect your Energy supply until the matter has been dealt with through our Dispute Resolution Process. This will not prevent disconnection for other reasons, such as a failure to pay undisputed amounts or a failure to provide access to the Property for Meter reading purposes pursuant to this Agreement.
    3. Unless otherwise agreed with a Lines Company, all complaints relating to lines, pipelines network or Connection Points under this Agreement will be referred by us to the relevant Lines Company to manage and resolve pursuant to their dispute resolution process.
    4. Once a dispute in respect of charges is resolved, clause 10.6 will apply with respect to any amount payable by us or you.
17. Termination
    1. Subject to any fixed term under your Special Terms (if any), if you wish us to cease supplying you with Energy, you may terminate this Agreement with respect to the supply of electricity by giving us 48 hours' notice. We will then either take a final Actual Meter Reading or estimate how much Energy you have consumed. You are liable to us for all charges for that service and for Energy supplied. We will deduct that charge from the available prepaid credit of your GLOBUG account. If you do not have a sufficient credit balance in your GLOBUG account, we will deduct the amount from any monies held by us in any of your accounts with us (including as a joint Customer). You remain liable to us for this amount until it is paid in full. If you have applied to switch to another Energy supplier, that supplier will advise us so that we can together undertake the switch process. You will remain our Customer until the switch process is completed and are liable to us for all charges incurred prior to the completion of the switch process.
    2. If you breach any material term of this Agreement or if your breach of any term is persistent, we may, at our discretion, immediately terminate this Agreement with respect to the supply of electricity, provided:
       1. if the breach is capable of being remedied, we will give you 14 days' written notice of the need to remedy the breach to avoid disconnection of termination.
    3. If you breach any non-material term of this Agreement, we may give you 14 days' written notice of default. If you:
       1. remedy the breach within that 14 day period, and fully indemnify us for the consequences of the breach, the notice of default shall be deemed to be withdrawn and this Agreement shall continue in full force and effect;
       2. fail to remedy the breach within that 14 day period, and/or do not indemnify us for the consequences of the breach, we may, on the next day, terminate this Agreement with respect to the supply of electricity.
    4. We may also terminate this Agreement immediately with respect to the supply of electricity if:
       1. your Energy supply has been disconnected under clause 13 and has not been reconnected within 45 days of that disconnection;
       2. our agreement with the Lines Company or your agreement (if you have one) with the Lines Company is terminated; or
       3. in accordance with clause 20.
    5. On termination of this Agreement, we may disconnect your electricity and immediately cease supplying electricity and other associated services to you.
    6. You will remain responsible for paying for all Energy and other associated services supplied to you prior to termination or disconnection (whichever is the later).
18. Moving Premises
    1. If you move out of the Property, you must give us at least 2 days advance notice together with details of your forwarding address. At our discretion, we will provide an estimated Meter reading or a final Actual Meter Reading.
    2. Depending on where you move in New Zealand, we may still be able to supply you with Energy. If you wish us to supply Energy to you at your new address, please give us at least 6 days' notice. If we agree (which we may do or decline to do at our sole discretion) to supply you with Energy at your new address, your GLOBUG account with us will, from the date such supply commences, cover both the supply of Energy and other associated services at your new address and all outstanding charges carried over from your old address.
    3. If you do not give us any of the notifications required under this clause 18, you will remain liable for all Energy and other associated services supplied to the Property until such notice is actually received by us or the date some other person becomes our Customer in respect of the Property, whichever is the earlier.
19. Force Majeure
    We will not be liable to you for a delay in or failure to perform our obligations (other than an obligation to pay money) if that failure arises directly or indirectly from circumstances beyond our reasonable control.
20. Changes
    We may change the GLOBUG General Terms and Conditions, Pricing Plan or our DisputeResolution Process at any time with at least 30 days' prior notice, including by way of example on our website. If any rates, fees and charges in our Pricing Plan are increased by more than 5%, we will send you separate written notice of the change as soon as possible (including an explanation of the reasons for the change). Otherwise, we will let you know, either by written notice in accordance with clause 22 or in a public notice in a local newspaper, of any changes to our Pricing Plan at least 30 days before the changes come into effect.
21. Temporary Supply Emergency
    1. If at any time we reasonably consider that a serious Energy supply shortage or other threat to our ability to supply Energy exists or is imminent we may declare a "Temporary Supply Emergency", either by written notice or in a public notice in a local newspaper or on our website (www.globug.co.nz). Any declared Temporary Supply Emergency shall continue in force until either the date (if any) stated in the notice declaring the Temporary Supply Emergency or the date upon which the Temporary Supply Emergency is subsequently declared to be ended as advised by us in a written notice or public notice in a local newspaper or on our website (www.globug.co.nz).
    2. Notwithstanding any other provision in the GLOBUG General Terms and Conditions, during any Temporary Supply Emergency we may make temporary changes to the GLOBUG standard terms and conditions and/or our prices by giving you at least 48 hours' notice ('Shortened Notice of Change'), either by written notice or in a public notice in a local newspaper or on our website (www.globug.co.nz). Any changes made using a Shortened Notice of Change will automatically expire at the end of the Temporary Supply Emergency, at which time the GLOBUG General Terms and Conditions and our prices shall revert to those in force immediately prior to the giving of the Shortened Notice of Change. For the avoidance of doubt, any change made by giving you at least 30 days' notice will not constitute a Shortened Notice of Change.
22. Notices
    1. Subject to any Special Terms and any other provisions of this Agreement, we will send any written notice to you by one or more of the following ways:
       1. posting or delivering the notice to the last postal address given;
       2. advising you by electronic message (including email, facsimile, text or other means) to the last contact address given;
       3. by a public notice in a local newspaper and/or national newspaper or on our website (located at www.globug.co.nz);
       4. in person or by telephone; or
       5. notification on our Mobile App if you have downloaded and signed in to our Mobile App and have not signed out at the relevant time.
    2. Notices are deemed to have been received:
       1. if personally delivered (whether in person or by telephone), on such delivery;
       2. if posted, within two days after posting;
       3. if posting the public notice in a local and/or national newspaper and/or on our website, on the day after the day on which the newspaper is available for purchase and/or our website is updated to include such notification; or
       4. if sent by facsimile, email, or notification on our App, on successful transmission or, if sent after 5pm, on the next Business Day after transmission.
23. Information and Privacy
    1. You agree to provide us with such information as we may require for the purposes of this Agreement. You agree that no reasonable request for information will be refused, including requests for the supply of information or data in a specified manner or to a specified timetable. By entering into this Agreement, you authorise any person to provide us with such information about you as we may require in response to our queries and for any of the purposes provided for in this clause 23.
    2. We may need to collect, and you hereby consent to us obtaining, your personal information (e.g. name, address, your bank details) so we can supply Energy to you, carry out our responsibilities under this Agreement and otherwise provide products, services or information about products or services (including from third parties) to you. The provision of a driver licence number or other form of identification will also generally be required, unless we notify you otherwise. The information you give us must be correct, complete and up-to-date. If any of the information becomes incorrect or changes, you must let us know as soon as possible. You must promptly cooperate with us and Our Representatives in our efforts to investigate and resolve issues relating to personal information.
    3. We will hold any personal information in accordance with the provisions of the Privacy Act 2020. The person to whom such information relates may at any time request access to, and if necessary correction of, that information. We will use any personal information collected in accordance with this clause 23 only for the purposes of:
       1. supplying you with Energy and other associated products and services;
       2. operating your account;
       3. improving customer service;
       4. debt recovery (by either us or an assignee);
       5. providing Credit Information (as defined in the Credit Reporting Privacy Code 2004) about you to credit reporting agencies, participating in their monitoring service and receiving updates on the information they hold about you or on any matters which may impact upon our ongoing relationship with you;
       6. conducting market research and obtaining your views on products and services offered by us;
       7. conducting data analysis to identify particular products and services that may be of interest to you; and
       8. providing you with information about other goods and services that we, the Lines Company, our partners and sponsors or (unless you instruct us otherwise) other persons may from time to time wish to offer you.
       You consent to receiving commercial electronic messages (including by email, text or other medium) in connection with such purposes. You may advise us at any time by contacting our Customer Service Representatives if you do not wish us to contact you from time to time for marketing purposes.
    4. We may verify the information or collect other information about you for the purposes set out in this clause 23, from the sources we consider to be appropriate, including (but not limited to):
       1. other organisations or people such as credit reporting agencies, the Lines Company and other energy suppliers; or
       2. your general practitioner, any District Health Board, any governmental department or ministry (including but not limited to Ministry of Social Development and Ministry of Health) and Family and Community Services or from any source trusted by us for the purposes of verifying whether or not you (or any member of your household) are a Vulnerable Consumer or a Medically Dependent Consumer (for further details contact our Customer Service Representatives or visit our website, www.globug.co.nz);
       3. data collected from mobile applications;
       4. our websites and other websites on which we may, from time to time, interact with you (such as Facebook, Twitter and other social media websites); and
       5. directly from you (including through our agents such as telemarketers).
       Without limiting the above, we may obtain a minimum of the preceding 12 months' of Energy consumption data from your previous Energy retailer to assist us to supply you with electricity and associated services, and to maximise the benefit of such services to you.
    5. We will not disclose any personal information to any person other than:
       1. the Lines Company, Our Representatives and other Mercury NZ Limited trading entities for the purposes of supplying Energy to you, carrying out our responsibilities under this Agreement and otherwise providing products or services to our Customers;
       2. debt recovery and/or credit reporting agencies and/or Our Representatives and/or our lawyers, and other Energy suppliers in New Zealand and/or their agents;
       3. any person in connection with any dispute organisation or scheme that we are a member of and any person to whom we are required to disclose such information either by law or in compliance with the Code or other Industry Codes and Standards;
       4. any governmental department or ministry (including but not limited to Ministry of Social Development and Ministry of Health) and Family and Community Services, social services and/or budgeting agencies where your Energy account is overdue and we reasonably believe that it is in your best interests to do so;
       5. a District Health Board or medical practitioner for the purposes of establishing whether or not you or anyone in your household is a Medically Dependent Consumer;
       6. any of our third party service providers, such as payment processors; and/or
       7. any other person for the purposes set out in this clause 23, including (but not limited to) government agencies, social services and budgeting agencies, persons nominated by you pursuant to clause 2.8 and joint customers, and you acknowledge and agree that those other persons may retain and disclose such personal information for so long as is reasonably required for their lawful purposes.
    6. Our Representatives, including debt recovery and credit reporting agencies, to whom we may disclose your personal information may:
       1. pass and disclose that information to other debt recovery and/or credit reporting agencies and their subscribers;
       2. use that information for the purposes of debt recovery and/or credit checking;
       3. publish that information on their debt recovery and/or credit reporting databases; and/or
       4. provide that information to third parties for the purposes of checking repayment history and/or creditworthiness.
    7. You acknowledge and agree that we may record our telephone conversations with you to assist us with complying with our obligations under this Agreement and for record keeping and training purposes. If we do so, the recordings will be kept secure and you may request, at any time, access to them.
    8. You are entitled to access any personal information about you held by us and to request correction of that information.
24. Confidentiality
    1. You agree not to disclose the provisions of any Special Terms to any other person, except with our prior written consent.
    2. We each agree to maintain the confidentiality of each other's Confidential Information, and to use and disclose such information only for the purposes of exercising our rights or performing our obligations under this Agreement or as otherwise required by law.
25. Assignment
    1. We may assign or transfer rights or obligations under this Agreement by notice to you. On giving that notice, we will be released from the obligations assigned or transferred, and the assignee or transferee will assume those obligations. We will provide to you the contact details for the assignee or transferee, and notify the date on which the assignment or transfer will take effect.
    2. The Electricity Authority may, by notice to you, assign or transfer our rights or obligations under this Agreement to another Energy retailer if we commit an Event of Default. On giving that notice, we will be released from the obligations assigned or transferred, and the assignee or transferee will assume those obligations. We may provide information about you to the Electricity Authority to provide the information to another Energy retailer if required under the Code. We, the Electricity Authority, or another Energy retailer will provide you the contact details for the assignee or transferee, and notify the date on which the assignment or transfer will take effect. The terms of the assigned contract are subject to the provisions of the Code.
    3. We may subcontract or delegate the performance of any of our obligations under this Agreement.
    4. You may not assign your rights or obligations under this Agreement.
    5. If we are likely to have a receiver, liquidator, administrator or other similar officer appointed we will take all steps to ensure the continuity of Energy Supply.
    6. Without affecting our right to terminate this Agreement, if you are in default under this Agreement, including any payment default in, we may at any time refer or transfer any outstanding payments to debt collection agencies without notice to you.
26. Miscellaneous
    1. No waiver of any breach, or failure to enforce any provision of this Agreement, by either party shall affect, limit, or waive that party's right to enforce and compel strict compliance with the provisions of this Agreement.
    2. If any provision of this Agreement is held to be invalid, unlawful, or unenforceable, then that provision shall be deemed to be modified only to the extent necessary to remedy that result and the remainder of this Agreement shall remain in force.
    3. On termination of this Agreement, the following provisions shall remain in effect until their purpose is served:
       1. clause 5 (Your Obligations Regarding Energy Supplied)
       2. clause 6 (Ownership and Responsibility for Equipment), to the extent it relates to Equipment not owned by you;
       3. clause 7.5 (Meters and Testing);
       4. clause 9 (Access), to the extent necessary for final readings, disconnections and removal of Equipment not owned by you;
       5. clause 10 (Price and Payment), to the extent it relates to amounts incurred but not paid by you;
       6. clause 15 (Liability);
       7. clause 23 (Information and Privacy); and
       8. clause 24 (Confidentiality).
    4. The provisions of clauses 6, 7, 8, and 14 are for the benefit of, and enforceable by, both us and Our Representatives pursuant to the Contracts (Privity) Act 1982.
    5. Clause 25.2
       1. is for the benefit of, and enforceable by, both us and the Electricity Authority pursuant to the Contracts (Privity) Act 1982; and
       2. must not be amended without the consent of the Electricity Authority.
    6. If you are an Embedded Network Consumer, the following provisions apply:
       1. The owner of the Embedded Network is responsible for the conveyance of electricity via the Embedded Network and, to the fullest extent permitted by law, the Lines Company has no liability to you of any kind in relation to the Embedded Network, whether in contract, tort (including negligence) or otherwise.
       2. Without limiting the provision of 26.6(a), to the fullest extent permitted by law, including where you are acquiring, or holding yourself out as acquiring, Energy for the purposes of a business, any and all warranties, guarantees or obligations imposed on the Embedded Network Owner and the Lines Company (if any) by the Consumers Guarantees Act 1993, or any other law concerning the services provided by the Embedded Network Owner and the Goods provided by us are excluded.
27. Interpretation
    1. In this Agreement except where the context otherwise requires:
       • 'Actual Meter Reading' means either a physical or remote reading of a Meter conducted by us or Our Representatives.
       • 'Agreement' means the GLOBUG General Terms and Conditions as updated by us from time to time (with the most current version being available on our website (www.globug.co.nz)), our Pricing Plan, our Dispute Resolution Process and any Special Terms.
       • 'Business Day' means a day, other than a Saturday or Sunday, on which New Zealand registered banks are open for business in Auckland.
       • 'Business Hours' means 8.30am to 5.30pm on a Business Day.
       • 'Charges' means the applicable per unit of electricity (kWh) charge applied to the Energy used.
       • 'Code' means the Electricity Industry Participation Code 2010 as amended varied or replaced from time to time.
       • 'Confidential Information' means any information of a confidential nature or which is labelled as being confidential relating either to you, us, Our Representatives or to the Lines Company.
       • 'Connection Point' means the point at which the Property connects to a circuit breaker, switch, fuse or other isolating device on the Lines Company's network on the Property connect to the outlet pipe.
       • 'Customer' means a person who has applied to have Energy supplied by us and whose application we have accepted or who has otherwise become a person to whom we supply Energy and associated services pursuant to clause 2 of the GLOBUG General Terms and Conditions.
       • 'Customer Meter Reading' means a reading of the Meter on or relating to your Property conducted by you and advised to us.
       • 'Customer Service Representatives' means our Customer Service Representatives available by phoning 0800 PREPAY for residential customers or by using our emailing service on our website (www.globug.co.nz).
       • 'Dispute Resolution Process' means GLOBUG's dispute resolution process set out and published on our website (www.globug.co.nz).
       • 'Electricity and Gas Complaints Commission' means a free, independent disputes resolution service of which we are a member, available by phoning 080022 33 40 or visiting http://www.egcomplaints.co.nz/.
       • 'Electricity Authority' means the independent Crown entity responsible for the efficient operation of the New Zealand electricity market established by the Electricity Industry Act 2010.
       • 'Embedded Network' has the meaning set out in Part 1 of the Code;
       • 'Embedded Network Consumer' means a consumer with Fittings connected to an Embedded Network.
       • 'Embedded Network Owner' means the owner or operator of an Embedded Network.
       • 'Energy' means electricity.
       • 'Energy Retailer' means a retailer of Energy operating in New Zealand.
       • 'Equipment' means any Meter, telemetry equipment and other equipment used to measure or record Energy usage, to transmit or convey Energy usage data, or to supply Energy to your Connection Point or any associated equipment (including, without limitation, pipes, switches, fuses, transformers, wiring, Meter boards and pre-payment meters or devices) which we supply to you.
       • 'Event of Default' means any event listed in clause 14.55 of the Code.
       • 'GST' means goods and services tax as defined by the Goods and Services Tax Act 1985 or by any statutory provision which amends or replaces it.
       • 'Fitting' means everything used, designed or intended for use, in or in connection with the generation, conversion, transformation, conveyance or use of electricity.
       • 'Industry Codes and Standards' includes all relevant electricity codes, standards, rules and protocols.
       • 'Lines Company' means the company that operates the electricity distribution network by which electricity is supplied to your Connection Point(s).
       • 'Medically Dependent Consumer' means a Consumer who is dependent on electricity for critical medical support, such that the loss of electricity may result in loss of life or serious harm. A consumer may contact us for further information and to register.
       • 'Meter' means metering equipment and other apparatus to measure the quantity of Energy conveyed to your Connection Point and/or your patterns of Energy usage and/or Energy demand, and any associated relays, all of which must be capable of operating with our GLOBUG pre-payment metering equipment, and includes all associated fittings, pre-payment metering equipment and remote meter reader devices.
       • 'Mobile App' means our application designed to run on smartphones, tablet computers and other mobile devices, and available to Customers with a GLOBUG account.
       • 'Our Representatives' may include our employees, contractors or agents or the employees, contractors or agents of:
         1. the Lines Company;
         2. the Meter reader; and
         3. the Meter owner.
       • 'Pricing Plan' means our rates, fees and charges in accordance with the applicable pricing schedule (and Special Terms (if any)) as amended from time to time and set out on our website (www.globug.co.nz).
       • 'Property' means the land and buildings to which we agree with the Customer to supply Energy.
       • 'Special Terms' means any special terms that have been agreed between us that add to or modify the GLOBUG General Terms and Conditions.
       • 'Transpower' means Transpower New Zealand Limited.
       • 'Vulnerable Consumer' means a domestic consumer for whom, for reasons of age, health or disability, disconnection of electricity presents a clear threat to their health or wellbeing, and/or it is genuinely difficult for that consumer to pay his or her electricity bills because of severe financial insecurity (whether temporary or permanent).
       • 'We', 'us', 'our' means Mercury NZ Limited trading as GLOBUG and includes its officers, employees, contractors, agents, successors, and assignees.
       • 'You' and 'your' means you, the Customer.
    2. Words importing persons include corporations and vice versa.
    3. Reference to any statute or regulations, industry code or standard include a reference to that statute or those regulations or that industry code or standard as amended, modified or replaced and, in the case of a statute, include all orders, ordinances, regulations, and by-laws made under or pursuant to that statute.
    4. Unless the context otherwise requires, the singular includes the plural and vice versa.

1. This offer is for one 2degrees ALCATEL Pixi First phone ("Phone") and a $19 Carryover Combo SIM card ("SIM:) for $59.99 (incl. GST) per GLOBUG account.
2. This offer is subject to Mercury New Zealand Limited having the Phone in stock.
3. Customers should make their own assessment on suitability and quality of the Phone and/or SIM purchased
4. Any after sales support, service, repairs and warranty claims are the responsibility of 2degrees and 2degrees' warranty and returns policy and the manufacturer's warranty (which will be provided along with your Phone) will apply.
5. You must be a current GLOBUG customer (with an In Home Display associated with the account) to be eligible for this offer and fill out the mobile phone offer form in "My Account" between 11 April 2017 and 25 June 2017.
6. The $59.99 will be added to your GLOBUG account debt balance which will be paid off over time by deducting a percentage of each top-up you make on your GLOBUG account. The deductions from each top-up are:
   1. During winter months (1st of June to 30th of September), to help with winter power costs, this is 10% of each top-up.
   2. At all other times, this is 25% of each top up.
7. We will endeavour to deliver your phone to the address specified on your FridaMy Account" profile within 2 weeks of completing the mobile phone offer form in "My Account".
8. Mercury is not liable for any loss or damage which is suffered during the course of accepting or using the Phone or Mobile Plan, except for any liability arising with respect to the rights granted to the Customer under any statute (including the rights and guarantees given under the Consumer Guarantees Act 1993).
9. GLOBUG's standard terms, and 2degrees' Carryover Combo Terms and standard terms and conditions apply.

In accordance with the New Zealand Privacy Act 2020, Mercury and its divisions and subsidiaries including GLOBUG Limited (Mercury) maintain high standards for the protection of data to ensure that customer information remains private and is only used and disclosed for the purpose it was collected.

As required by the Privacy Act 2020, Mercury follows strict security procedures in the storage and disclosure of your personal information. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.

This policy applies to Mercury operated and maintained websites, including any social media sites (Websites) and mobile applications (Apps). This policy must also be read together with the privacy provisions in the GLOBUG General Terms and Conditions.

This policy is regularly reviewed and, if necessary, updated to meet our requirements for internet privacy. You can always find the most recent version of the policy right here.

Collection of data and information from website visits

Collection

Personal information about you (e.g. your name, contact details and electricity usage data) may be collected by Mercury during the course of your use of our Websites and Apps, or when you speak to someone in our contact centre.

Rest assured, we'll only gather your data when you supply this to us voluntarily (e.g. when website visitors send emails, respond to customer surveys or use any service on our Websites and Apps).

Mercury also gathers generic information about visits to our Websites and Apps (e.g. page views, time on site, and how you got to the site) to understand how we can make your experience on our Websites and Apps better.

If you are using our Apps, Mercury gathers information about the mobile device you are using to access the Apps.

Purpose of collection

In addition to the purposes contained in the GLOBUG General Terms and Conditions, Mercury will use your personal information for the following purposes:

• Supplying you with electricity and associated services, including billing and meter reading.
• Communicating offers and promotions to you (including from third parties) via email, text and in-app notifications when we have your permission to do so.
• Improving our services to you as customers, including by monitoring your use of our Websites and Apps
and
• Inviting you to participate in surveys.

• Responding to requests for information
• Providing you with information about goods and services that we, your Network Company (where applicable), and/or (unless you instruct us otherwise) other persons may from time to time wish to offer you.

Access to and correction of personal information

You can ask us for a copy of personal information we hold about you, and ask for it to be corrected if you think it is wrong. You can get in touch with us to make an access or correction request.

Customer data transmitted across the public internet

Mercury will always ensure that your privacy is protected when logging onto, or when using services on, our Websites and Apps.

We use encryption (usually 256-bit SSL (Secure Sockets Layers)) for interactions with some of our services requiring a log-in. Browsers which are unable to support the encryption will not allow a customer to log in.

When you send us an email it is not encrypted and is therefore not secure.

Website security

Our Websites (other than social media webpages) and Apps have layers of security to protect them against malicious activity, possible breaches of the system ('cracking') and unauthorised access to customer data.

Your data or log-on information (user name and password) is not permanently stored on our Websites and Apps.

Social media webpages will be subject to the privacy security policy of the applicable service provider who may permanently store your data or log-on information. Please refer to the privacy and security policy of the relevant service provider before using our social media webpages.

Use of cookies

Mercury's Websites use both non-persistent and persistent cookies to manage a customer's visit to the Websites. Non-persistent cookies are temporary and are deleted when a browsing session is closed and persistent cookies are used in order that third party vendors, such as Google, can serve ads based on a user's prior visits to our Websites.

Other than as noted above, information about a visit to our Websites is not permanently stored on a visitor or customer's personal computer.

While we recommend that you enable cookies in order to enjoy all the features of our Websites, this is entirely up to you (the management of cookies will be different depending on each user's PC or mobile device - refer to your browser help menu for further information).

Google Analytics

Mercury uses services such as Google Analytics, which will issue cookies from their own servers and which will be able to track visitors throughout our Websites and Apps. Mercury does not control how those cookies are issued, or the data that they store. Please refer to the Google Analytics Privacy Policy for more information.

Use of data and information collected from visits to our Websites and Apps

Mercury will not sell or reveal information obtained about its visitors to our Websites and Apps to anyone outside of Mercury unless:

• It is specifically authorised by the visitor;
• It is legally required to do so;
• It is necessary to use a service provided by third parties, such as Google Analytics, Google Adsense;
and
• Such disclosure is required to protect the safety of employees, visitors, customers, or property.

Use of email or mobile number for customer communications

During your interactions with us via our Websites or contact centre, you can supply an email address which we will use to contact you about our service. Mercury does not sell or rent email addresses to third-party organisations.

If you'd rather not receive these types of communications, you can advise us by calling 0800 773 729.

Complaints

If you want to make a privacy-related complaint, you can let us know about it through our complaints process. If you’re not happy with the way this complaint has been dealt with, you can get in touch with the Office of the Privacy Commissioner.