Online Services Terms and Conditions
Frank Energy has adopted these terms and conditions to apply to your access to, and use of, the Frank Energy Website, the Frank Energy Mobile App and any future online portal relating to Frank Energy (together, our "Online Services").
Consent to Use
Your use of Online Services is governed by these Online Services Access Terms and Conditions ("Terms"). By using our Online Services you agree to be bound by these Terms. Frank Energy reserves at its absolute discretion the right to refuse access to our Online Services by any person (including anyone found to be breaching the Terms).
The supply of energy or provision of services by Frank Energy , and any special promotions of Frank Energy , have their own terms and conditions which govern their use (the "Services"). To the extent that there is any inconsistency or conflict between the terms and conditions for the Services and these Terms, the terms and conditions for the Services shall prevail. A link to the terms and conditions for the Services can be found on the home page of our Website.
Frank Energy reserves the right to:
vary the information on the Online Services (and may issue new versions of the Mobile App) at any time without notice;.
change or remove functionality of the Online Services at any time without notice;
amend these Terms at any time without notice. Changes will apply from the date the updated Terms are posted on our Website.
Please check these Terms periodically for changes. Your continued use of the Online Services following the posting of any changes to the Terms indicates your acceptance of these changes.
Jurisdiction
Our Services are available only to New Zealand residents. The Online Services and these Terms are governed by New Zealand law, and users of the Online Services submit to the exclusive jurisdiction of the courts of New Zealand.
General Information
The information provided on our Online Services is for information purposes only. While we have endeavoured to ensure that the content and material on our Online Services is free from error, Frank Energy does not warrant its accuracy, adequacy or completeness, that it is suitable for your intended use or that it will be continuously available. If you believe there is an error in the content and material on our Online Services, please contact us at [email protected] .
To the maximum extent permitted by law, in no event shall Frank Energy be responsible for any direct or indirect loss or damage of whatever kind arising out of access to, or use of or reliance on any prices and information, whether negligent or otherwise, provided on or made available through our Online Services. You acknowledge that if you rely on information available on our Online Services, you do so at your own risk.
Your Use of the Website
You must not use our Online Services or their contents in breach of any legislation, for any unlawful act, or to damage or disrupt the Online Services. If you use the Online Services in breach of these Terms, you agree to indemnify us for [all direct and indirect damages, losses and costs of any kind incurred or suffered by us as a result of or in connection with your actions.
If you begin, but do not complete, an application process using our Online Services, we may contact you using the information you have entered to see how we can help you with your sign up or to get feedback from you.
There are no charges for using the Online Services however an internet connection is required to access the Online Services. Your internet or mobile phone network provider may charge you to access the Online Services (including downloading data to, or making calls or sending text messages from, the Mobile App). Check with your provider in relation to those charges. You must comply with all third party service providers’ terms of use (including the Apple Store® Terms of Service and Google Play™ terms of service (if applicable)) when using the Mobile Services.
To download our Mobile App you must have a compatible mobile device and download the application from either the App Store® (for Apple® devices) or the Google Play Store (for Android™ mobile devices). While we use our best efforts to make our Mobile App accessible to all iOS and Android mobile devices and versions of software, we do not warrant that our Mobile App will work with a particular device or software version. If you use the Online Services to order or pay for Services, or to update your personal information, you agree that we may act on your instruction without checking your identity or ask for further information. Any information given when using Online Services will be held and used in accordance with our Privacy Policy as described below.
Use of Automated Tools and Methods
Our Online Services uses automated tools and methods (such as cookies and usage monitoring software) which enable us, or our third party service providers, to manage your visit to our Online Services, collect information about your visit to the Website and/or create a personalised solution for you (for example, to allow you to access the My Account part of the Website without having to log in). You will need to have cookies enabled to access all features of the Online Services. Information gathered as a result of our use of such tools and methods may include information about your location or activity including your IP address, telephone number and whether you’ve accessed third party sites. This information will be held and used in accordance with our Privacy Policy as described below.
We use Google Analytics to track and monitor site behaviour and to improve the performance of our marketing efforts.
We use Google remarketing as a method of targeting our digital advertising. When you visit our website, we use Remarketing through third-party vendors, including Google, to show Frank Energy ads to you as you visit third party sites on the internet.
Intellectual Property
As between you and Frank Energy , Frank Energy owns or has a licence for all copyright, database rights and all similar rights for our Online Services and all trade marks and other information or materials used on the Online Services (our "Intellectual Property"). You may use our Intellectual Property and reproduce it in hard copy for your personal reference only. Our Intellectual Property may not be reproduced, reverse engineered, modified, re-posted, adapted, distributed, transmitted to any person or incorporated into any document without Frank Energy’s prior written consent. The App Store is a trademark of Apple Inc.
Links to Other Websites
The Online Services may contain hyperlinks to websites operated by parties other than Frank Energy. Frank Energy does not monitor or investigate such sites and does not endorse, nor accept responsibility or liability in relation to any content on, any other websites. Your linking to any other website and your dealings with any third parties on any other website, is at your own risk.
Feedback and Unsolicited Submissions
We may use any feedback about our Online Services or our Services for any purpose and you waive any right of ownership you may have in relation to any feedback. We will have no obligation to acknowledge your feedback or compensate you for our use of any unsolicited feedback.
Hypertext Linking
If you create a hyperlink to any of the pages on the Online Services, that link is created at your own risk and Frank Energy accepts no responsibility or liability for the link. If you have not received Frank Energy’s prior written consent to create a link, Frank Energy reserves the right to require you to immediately remove the link at your own cost and to seek any available remedy should you delay or refuse such request.
Security
Frank Energy has processes in place to keep our Online Services secure from unauthorised or malicious access and free from viruses. However, we do not represent or warrant that the Online Services will be secure or private, operate on a continuous or fault-free basis, or be free from viruses or other harmful features).
If you have registered to use parts of our Online Services accessible to registered users, you are responsible for:
protecting any user name, email address and/or password you use to access any such part of our Online Services;
ensuring you only access the Online Services from secure computers or mobile devices using appropriate security software;
considering the security of your information when accessing the Online Services from a public or shared computer, device or Wi-Fi network (we recommend logging out after accessing your information in this case);
any unauthorised access from your computer or mobile device.
If you believe your password details may no longer be secure, please change your password immediately at My Account on our Website, or contact us on 0800 086 400.
When you use your credit or debit card (“Card”) to make payments on our Online Services, the Card information is transmitted using a secure third party exchange. Frank Energy does not store Card details in our billing system. We use a third party payment provider to validate all Card transactions. Card use terms and conditions apply – see https://www.frankenergy.co.nz/app-credit-card-terms.
To the maximum extent permitted by law, in no event shall Frank Energy be responsible for any direct or indirect loss or damage of whatever kind arising out of any unauthorised access to your data or our Intellectual Property.
Special terms and conditions relating to the Frank Energy Mobile App
You acknowledge that neither Apple or Google are (a) responsible for the Mobile App or its content, (b) responsible for the maintenance or support of the Mobile App, (c) gives any warranty or has any liability whatsoever in relation to the Mobile App. Frank Energy is responsible in all respects for addressing both any claim by you in relation to the Mobile App and any claim that the Mobile App breaches third party intellectual property rights.
Whilst these Terms are between you and Frank Energy, Apple and Apple’s subsidiaries are third party beneficiaries under these Terms. Apple will have the right to enforce these Terms against you as a third party beneficiary.
Any questions about the Online Services can be provided to Frank Energy at 0800 086 400 or [email protected].
Privacy
Frank Energy needs to obtain personal information about you in the course of providing the Services and will obtain personal information from you in accordance with these Terms when you access the Online Services. Your personal information is held in accordance with our Privacy Policy, a link to which can be found on the home page of the Website. These Terms should be read in conjunction with the Privacy Policy.
Last updated: 13 August 2021