Terms & Conditions

MY SOLAR QUOTES Terms and Conditions

By accessing and using www.mysolarquotes.co.nz or any related website (Website), including enquiring about or using our Services on the Website, you agree to be bound by these MY SOLAR QUOTES Terms and Conditions outlined below and our Privacy Policy (together, Terms and Conditions).

You confirm that you have read, and that you agree with, our Terms and Conditions. If you have not read, or if you do not accept, our Terms and Conditions, you are not authorised to use our Website or to use our Services.

These Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current Terms and Conditions. By continuing to use the Website, you agree to be bound by the amended Terms and Conditions.

1. Operation of the Website

1. The Website is an independent venue where we connect customers looking to install solar power solutions with credible solar power solution installers, and provide various information about solar power (Services).
2. If you are a reputable solar installer and would like to be listed on our panel of Solar Installers, please fill in this form to apply.
3. You may browse our Website to view and use the Services and other content on our Website, subject to these Terms and Conditions.
4. You must be over 18 years of age to use our Website and our Services.
5. Any communications or transactions between you and a Solar Installer is a dealing directly between you and the Solar Installer (independent of us). Any transaction you enter into with a Solar Installer is entirely reliant on your own judgement and enquiries. Any representations made by Solar Installers are not made by or on behalf of us. We are not acting as agent for either you or Solar Installers and are not acting as an auctioneer.

2. Use of Website

1. You are responsible for all due diligence for the Services, and the services of Solar Installers. We cannot and do not warrant or endorse the services or information provided by Solar Installers, or the suitability of Solar Installers and their services for you. You acknowledge that any incorrect, inaccurate, false or misleading information provided by a Solar Installer is the Solar Installer's responsibility and you agree we will not be held liable for this.
2. When providing information on the Website for quotes or solar saving calculations or dealing with any Solar Installer, you must ensure that the information you provide and representations you make are correct and accurate, and you must promptly inform us or the Solar Installers if anything changes. You acknowledge that any incorrect, inaccurate, false or misleading information provided by you is your responsibility and you agree we will not be held liable for this.
3. Please see our Privacy Policy for details about how we collect, use, and in what circumstances we disclose, your personal information.
4. Once you have provided the information required on the Website for quotes, you will be matched with three Solar Installers based on the information you have provided, and these Solar Installers will communicate directly with you about this.
5. If an agreement is reached between you and a Solar Installer, you agree to be held responsible for that agreement and any results or ramifications that may arise from it.
6. You must only request quotes through our Website or otherwise use our Services for legitimate purposes, and you are not permitted to request quotes or use our Services if you are (directly or indirectly) a competitor to us or if you are just "fishing" for information.

3. Use of the Website and MY SOLAR QUOTES Content

1. You agree you will not use the Website or MY SOLAR QUOTES Content in any manner that is unlawful or prohibited by these Terms and Conditions.
2. Without limiting clause 3.1, you agree you will not (directly or indirectly):
   • (a) hack into any part of the Website or MY SOLAR QUOTES Content through password mining or other means;
   • (b) commit or encourage a criminal offence;
   • (c) defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;
   • (d) disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;
   • (e) impersonate any other person, or forge any material in order to disguise the origin of any MY SOLAR QUOTES Content or communications sent through the Website;
   • (f) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;
   • (g) attempt to modify, reverse engineer or reverse-assemble any part of the Website or MY SOLAR QUOTES Content;
   • (h) breach any applicable laws or regulations; or
   • (i) engage in any other conduct that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for the Website.
3. Without limiting clauses 3.1 and 3.2, you agree you will not provide to us or post or transmit any content on the Website or any website linked to the Website or related social media page that:
   • (a) is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
   • (b) is or is reasonably likely to be unsuitable for persons under the age of 18 years;
   • (c) infringes the IP Rights of any person;
   • (d) infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any third party;
   • (e) is incorrect or inaccurate;
   • (f) is false or misleading or deceptive;
   • (g) contains any virus (including malware or spyware) or other destructive component;
   • (h) is prohibited by or violates any applicable laws or regulations; or
   • (i) otherwise breaches these Terms and Conditions.
4. We reserve the right to remove or delete any content which we reasonably believe breaches the requirements set out in clause 3.3.

4. MY SOLAR QUOTES Content and IP Rights

1. You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the MY SOLAR QUOTES Content. No MY SOLAR QUOTES Content may be copied, modified, reproduced, published or transmitted without our prior written consent.
2. You may view or otherwise use MY SOLAR QUOTES Content, provided:
   • (a) you do not share it with anyone else;
   • (b) you only use it for the purpose for which it was provided to you; and
   • (c) you otherwise only use it in compliance with these Terms and Conditions.
3. Your use of the Website or the Services does not provide you with any IP Rights in relation to the Website, the Services, or the MY SOLAR QUOTES Content.

5. Links to Other Sites

1. The Website or our Services may include links to Third Party Sites. If you visit a Third Party Site, you will be subject to the terms and conditions of that site and any dealing will be solely between you and that Third Party Site. These links do not imply our endorsement of that Third Party Site or product or service being advertised (as applicable) or any association with their operators.
2. The Website or our Services may be linked to various social networking sites. You acknowledge and agree that:
   • (a) any comments or content that you post on such social networking sites are subject to the terms and conditions of the social network site that you post the comments or content on; and
   • (b) we are not responsible or liable for any comments or content you or others post on social networking sites.

6. Spam

1. Publication of email addresses on the Website and these Terms and Conditions is to facilitate communications relating to our Services. We do not consent to receiving unsolicited emails.

7. Liability

1. We do not warrant or guarantee:
   • (a) the accuracy or correctness of the MY SOLAR QUOTES Content on the Website, including the solar calculator;
   • (b) that the MY SOLAR QUOTES Content will be free from viruses (including malware or spyware) or other destructive properties; or
   • (c) that the operation of the Website will be uninterrupted or error free,
   and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the MY SOLAR QUOTES Content lies with you.
2. The Website may contain content that is developed and/or provided by third parties. We:
   • (a) do not endorse or warrant any third party content used, displayed or available on the Website; and
   • (b) take no responsibility for the third party content and any representations made.
3. To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these Terms and Conditions, the Services or provision of MY SOLAR QUOTES Content. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues, data and/or use).
4. Nothing in these Terms and Conditions limits rights you may have under the Consumer Guarantees Act 1993.
5. As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that any confidential information you provide, including personal information, could be improperly used or disclosed by any other person and you agree that we are not liable for this.
6. We take no responsibility for any system unavailability, or for any loss that is incurred as a result of Third Party software or services being unavailable. Further, you agree we assume no responsibility or liability for the corruption of your data or any Third Party data, including such data held by a Third Party.
7. You must take your own steps to ensure that the process which you employ for accessing our Website and Services does not expose you to the risk of viruses or other forms of interference which may damage your computer system or expose you to credit card fraud, which you are responsible and liable for.
8. We make no representation or warranty that the MY SOLAR QUOTES Content is appropriate for use in all countries or that such content satisfies the laws of any country (including New Zealand). If you choose to use MY SOLAR QUOTES Content, you do so on your own initiative. You agree you are responsible for ensuring that your plans and documents are suitable for your own compliance with applicable local laws.
9. You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with these Terms and Conditions. We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.
10. Where we are unable to limit liability under these Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount you paid us for the relevant Service.

8. Indemnity

1. You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:
   • (a) your breach of any of these Terms and Conditions;
   • (b) any transactions with any Third Parties, including Third Party Sites;
   • (c) any reliance by you on MY SOLAR QUOTES Content or any other content on the Website or any link to a third party website or social media page;
   • (d) any technical errors or corruption of data on the Website; or
   • (e) your use of the Services.

9. Changes to Website and Services

1. We may at any time without notice remove, amend and/or vary any of the MY SOLAR QUOTES Content on the Website, the Services, or cease operating the Website in whole or in part.

10. Dispute Resolution

1. If you are unhappy with us or our Services for any reason, we would like to be the first to know. You may do so by contacting us at [email protected].
2. Where any dispute arises between us, we (you and us) agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action.

11. No Waiver

1. No failure or delay by us to exercise any right or remedy provided for under these Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.

12. Assignment

1. We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Terms and Conditions to any person or party.

13. Severability

1. If any portion of these Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.

14. Third Parties

1. These Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.

15. Applicable Law

1. These Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.
2. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

16. Variation

1. No variation of these Terms and Conditions will be effective unless it is in writing.

17. Further Information

1. If you require any further information, or if you have an issue or complaint, please contact us at [email protected].

18. Definitions

1. MY SOLAR QUOTES LIMITED is the owner of the Website, business and related IP Rights, and provider of the Services. MY SOLAR QUOTES LIMITED may also be referred to as "MY SOLAR QUOTES", "we", "our", "us" or "it" in any correspondence with you and throughout any page of the Website, including these Terms and Conditions.
2. You, as a User of our Website and Services, may be referred to as "you", or "User".
3. In these Terms and Conditions, the following words have the meanings set out below:
   IP Rights means trade marks (including MY SOLAR QUOTES and  ), copyright and all other intellectual property rights.

MY SOLAR QUOTES Content means any content, text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material or data on the Website or provided to you as part of our Services, and includes the solar calculator.

Services means our services as described in clause 1.1 of these Terms and Conditions and advertised on the Website.

Solar Installer means solar power solution installers that are listed with us. 

Third Party means any party that is not a party to these Terms and Conditions (i.e. is not you or us).

Third Party Sites means any Third Party website, site or page (including social media sites and pages).

User means any user of the Website and includes Solar Installers.