- 1.1 "You" and "Your" means the person who wishes to use the Website.
- 1.2 "We" "Us" and "Our" means www.switchme.co.nz a trading name of Switch Me Limited of Christchurch, New Zealand, its employees and agents, its successors and includes any other person or business to whom We may transfer Our rights under these terms and conditions.
- 1.3 "Website" means www.switchme.co.nz and all associated pages on this domain.
2. Use of the website
You agree that Your use of the Website shall be in accordance with the following conditions:
- 2.1 You will not do anything that affects the integrity or security of the Website or causes unreasonable inconvenience to any of Our staff.
3. Your obligations
- 3.1 You will need to answer a number of questions on this website in order to obtain an estimate for comparison. These cover the set of questions needed by all the retailers who are represented on the website. The amount of your estimate for comparison purposes will be determined by the answers you provide to these questions and therefore you should answer all questions to the best of your knowledge and belief. If you fail to provide all the necessary information requested you may receive a less accurate estimate which reduces the accuracy of your comparison.
4. Accuracy of estimate calculation
- 4.1 The accuracy of your energy estimate is dependent on the accuracy of the data you provide.
5. Price delivery
- 5.1 You should receive the results of our price comparison technology interactively. However, we are completely reliant on the overall performance of the world wide web.
6. Accessing underlying Company Information
- 6.1 Switchme is not a broker. We provide a service which enables you to compare a number of retailers.
- 6.2 In order to switch based on the estimates our comparison technology calculated for you, you must complete the switch by progressing through the switching process on the website. We will send your details onto your chosen retailer and they will process your switch.
- 6.3 Before you complete the switch, it is important that you check all the information that they hold about you is correct. It is your responsibility to ensure all your details are correct, and failure to do so could result in invalidating your switch. If you are signing up via their website you must also read the retailer's own terms and conditions. They are the terms and conditions that you agree to switching retailers.
- 6.4 Some service providers make certain assumptions about you. It is important that you check the assumptions made as they form part of your contract and incorrect information could invalidate your use of their service. We accept no responsibility, or any liability whatsoever, for the terms applied to a contract entered into with any provider or for any problems or complaints that may arise in the use of said service.
7. Intellectual property
- 7.1 The copyright material contained in this website and any trademarks and brands included in that material belongs to Us or Our licensors.
- 7.2 You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
8. Responsibility for content
- 8.1 We are providing this Website on an "as is" either end basis and make no representations or warranties of any kind in respect of this site or its contents and disclaim all such representations and warranties. In addition, We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Website. The information contained in this site may contain technical inaccuracies or typographical errors. All Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- 8.2 We make no warranty that the Website or any linked website is free from viruses or other malicious computer problems. You are responsible for ensuring that you use the appropriate virus checking software.
- 8.3 Neither We nor any of our employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property in claims of third parties.
- 8.4 Notwithstanding the foregoing, none of the exclusions and limitations under the clause are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded or in any way to exclude or limit Our liability to You for death or personal injury resulting from Our negligence or that of Our employees or agents.
9. Complaints procedure
What to do if you have a complaint?
We aim to provide a high level of service to all our customers but occasionally things can go wrong, when this happens we will do everything we can to put things right.
If you have a complaint about our service, please contact us first by email and if after emailing us you are still not happy please write to our Customer Relations Manager at the address shown below. Should you wish to use an alternative means of communication, we are happy on request to correspond with you by telephone or fax. For the purposes of handling complaints our working day is 9am to 5pm Monday to Friday.
Please email us at email and we will attempt to resolve your complaint within 48 hours. If we are unable to resolve your complaint, we will agree the next steps with you.
Please address your letter to:
Switch Me Limited
Please include your name and address, a contact telephone number, your quote number and details of why you are unhappy. This will help us to respond to you as quickly as possible. If we do not have enough information to investigate your complaint we will contact you to ask you for further details.
If we are unable to resolve your complaint by the close of business the next working day, we will send a written acknowledgement of your complaint to you within 5 working days of its receipt. In our acknowledgement we will advise you of the name and job title of the person who will be dealing with your complaint.
Within four weeks of receiving your complaint we will send you either: A final response; or A letter explaining why we are not yet in a position to resolve your complaint and advising you of when we will be contacting you again.
By the end of eight weeks after receipt of your original complaint letter we will send you: A final response; or
A letter explaining why we are still not in a position to issue a final response and advising you of when we expect to be able to do so. At this time, if you are dissatisfied with the delay you may refer your complaint to Consumer Rights Commission.
If you have a complaint about a policy that you bought through Switchme.
If your complaint is regarding a product or service that you have purchased through our website, then you should complain directly to that company. Switchme, trading as Switch Me Limited, cannot accept liability for errors made by the underlying provider or their intermediary or appointed representative or answer complaints on their behalf. In these circumstances we recommend that you visit the website of the provider and follow their complaints procedure.
- 10.1 You are not required to provide personal information to us, although in some cases it is needed in order if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact and usage information in order to provide you with a comparison on updates from our Website.
- 10.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993. The personal information you provide to us (including any information provided if you submit a request to switch register for an account) is collected and may be used for communicating with you, finding you a better electricity and/or gas deal, statistical analysis, the marketing of products and services to you, credit checks (if necessary), and research and development.
11. Third party websites
- 11.1 This website may also contain hyper text links to websites operated by third parties. The operation and content of those websites shall be determined by the organisation which controls the website and this will be governed by separate terms and conditions. Links are provided for convenience only and inclusion of any links should not be taken to imply endorsement in any way of the site to which it links. We accept no responsibility or liability for the contents of any other website.
We have in Our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of Your rights to use the website if You:-
- 12.1 act inconsistently and in breach of these terms and conditions;
- 12.2 at any time violate or attempt to violate any rights of any other user of the website or third parties;
- 12.3 are engaged in any fraudulent activity.
- 13.1 If any provision of these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this agreement and the remainder of the provision in question will not be affected.
- 13.2 New Zealand law will apply to this agreement and the parties agree to submit to the non-exclusive jurisdiction of the New Zealand courts.
- 13.3 Save as expressly provided elsewhere these terms and conditions shall apply only between Us and You and no other person shall be entitled to benefit from them.