EDMI Ltd or its relevant subsidiary company that provides energy meter data services in the applicable territory ("EDMI") provides the online web reporting and data visualisation application system called [Clariti], including plug-ins and product components provided with or as part of that system ("[Clariti]") and the Internet site ([www.energyclariti.com]) to access [Clariti] (together "the Service"). By using the Service:
If the User does not agree to these Terms of Use, the User must immediately cease accessing or using the Service. These Terms of Use are for the benefit of EDMI.
These Terms of Use may be amended in whole or in part by EDMI from time to time. Amendments to these Terms of Use are effective upon the posting of the amended Terms of Use on this website. The User is responsible for ensuring that it is familiar with the latest Terms of Use. By continuing to use this website following such an amendment, you agree to be bound by the amended Terms of Use.
The User may only access or use the Service:
EDMI authorises the User, a non-exclusive and non-transferable basis, to access and use the Service to use the online [Clariti] Base Level functionality and New optional Functionality 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").
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:
EDMI may (at its discretion) terminate a User's Authorisation if EDMI considers that the User is contravening any law, acting in a manner harmful to the interests of EDMI or is breaching these Terms of Use or the Service Agreement. Further, the Authorisation terminates immediately on the expiry, repudiation or termination of the Service Agreement.
The Authorisation does not entitle the User to receive from EDMI hard-copy documentation, technical user support, telephone assistance, or enhancements or updates to the Service.
Except as otherwise expressly permitted in these Terms of Use, the User must not (and must not directly or indirectly allow or cause a third party to do the following):
EDMI 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.
Subject to clause 5.1, the Service is provided on an "as is" basis. EDMI 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, EDMI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
If the User is acquiring the Service for the purposes of a business, the User agrees that the New Zealand Consumer Guarantees Act 1993 does not apply to the supply of the Service or these Terms of Use.
To the maximum extent permitted by law, any and all liability of EDMI and its licensors and suppliers to the User or any other person under or in connection with the Service, these Terms of Use or the User's use or inability to use the Service is excluded regardless of whether such liability arises in contract, tort (including but not limited to negligence), equity, breach of statutory duty or otherwise, and is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limit, loss of profits, data, business or anticipated savings, general and special damages, and consequential and incidental loss.
The User shall indemnify and keep indemnified EDMI from and against any claim, loss, proceeding, damage or liability incurred or suffered by EDMI or made by, payable to or caused to any third party, and from and against any cost or expense (including any legal cost and expense), arising out of or in connection with any breach by the User of these Terms of Use.
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 EDMI'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.
EDMI (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 [Clariti] and all other software and other material underlying and forming part of the Service. All intellectual property rights are reserved.
If any one or more provision of these Terms of Use is or becomes invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired by it in any way.
Without prejudice to clause 5.1, EDMI has no liability for any lack of performance, unavailability or failure of the Service, or for any failure of EDMI to comply with these Terms of Use where the same arises from any cause beyond the reasonable control of EDMI.
No failure or delay on EDMI's part to enforce its rights under these Terms of Use shall constitute a waiver of those rights.
Please familiarise yourself with our Disclaimer and Privacy Policy which form part of these Terms of Use. These documents are available on this website and in [Clariti]. In the event of conflict or disagreement between these Terms of Use and the Privacy Policy, the Terms of Use will prevail. In the event of conflict or disagreement between these Terms of Use and the Disclaimer, the Disclaimer will prevail.