Terms & Conditions
- ACCEPTANCE OF TERMS
ESP Ltd or its relevant subsidiary company that provides energy meter data services ("ESP") provides the online energy management reports and dashboard application called [Phantom Analytics], with or as part of that system ("Phantom Analytics") and the Internet site ([http://phantomanalytics.co.nz/]) to access [Phantom Analytics] (together "the Service"). By using the Service:
2.2. Use of Service
The User may only access or use the Service:
> if it is a party to a written agreement ("the Service Agreement") with ESP or a person authorised by ESP to grant access to the Service;
> only for the purposes set out in that Agreement.
ESP authorises the User, a non-exclusive and non-transferable basis, to access and use the Service to use the online [Phantom Analytics] for the sole purpose of accessing and using, in accordance with the Service Agreement, the electricity metering information made available under that Agreement ("the Authorisation").
3.2. Security of user name and password
The Service is available and the Authorisation is granted on an individual user basis via the provision of individual user names (the User's existing email address) and passwords. The User is responsible for keeping the user name and password secure. In particular, the User agrees:
> not to permit any other person to use their assigned user name and password combination;
> not to disclose, or provide to any other person, their assigned user name and password combination;
> to notify ESP immediately upon the User becoming aware of disclosure of the user name and password combination to a third party.
3.4. Other Limitations
The Authorisation does not entitle the User to receive from ESP hard-copy documentation, technical user support, telephone assistance, or enhancements or updates to the Service.
- use the Service other than for the purpose of accessing and using the information made available under the Service Agreement;
- modify or create any derivative works of or from the Service, including translation or localisation
- decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Service;
- redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Service, including making available the Service or any part of it to any third party for any purpose;
- merge all or any part of the Service with any other software, product or service;
- remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Service;
- publish any results of benchmark tests run on the Service to a third party without ESP's prior written consent;
- attempt to disrupt or undermine the security and integrity of the Service or any of ESP's computing systems or networks; or
- use the Service for any illegal purpose or in contravention of any applicable law.
5.1. Access to the Service
ESP will use its best endeavours to provide the User with 24 hour by 7 day access to the Service via the Internet subject to necessary downtime to maintain (whether planned or unplanned) the Service or its underlying systems.
5.2. Use of the Service
Subject to clause 5.1, the Service is provided on an "as is" basis. ESP makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials or products included as part of the Service. To the full extent permissible by applicable law, ESP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
5.3 Consumer Guarantees Act 1993
- LIMITATION OF LIABILITY AND INDEMNITY
6.1. Limitation of Liability
The Service may contain online banner advertisements and links to other websites. Responsibility for the content of advertisements and those other websites rests solely with the advertiser. The placement of these advertisements and links on the Service does not constitute ESP's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement or with the website linked to the Service.
ESP (or its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights (including, to avoid doubt and without limit, copyright) in and to the Service, including [Phantom Analytics] and all other software and other material underlying and forming part of the Service. All intellectual property rights are reserved.
- OTHER CONDITIONS
To avoid doubt, ESP will comply with any local laws in a territory within which it is operating to the extent that it is required to do so in order to provide the Service in that territory, including (without limit) laws regulating meter data service providers and privacy.
9.3. Force Majeure