1.1 These terms and conditions (Terms) are entered into between GOZERO LIMITED (NZBN 9429048927352) (we, us or our) and you, together the Parties and each a Party.
1.2 We provide a cloud-based, web platform (Platform) where users can access Deals from participating businesses (Vendors) and participate in our Carbon Points loyalty scheme.
1.3 In these Terms, you means the person or entity registered with us as an Account holder.
2 Acceptance and Platform Licence
2.1 You accept these Terms by registering on the Platform or using the Platform.
2.2 You must be at least 16 years old to use the Platform.
2.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cancel your Account in accordance with the “Cancellation of Accounts” clause.
2.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.5 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
(c) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(e) facilitating or assisting a third party to do any of the above acts.
3 GoZero Services
3.1 In consideration for your performance of the mutual promises contained in this Agreement, we agree to provide you with access to the Platform, the support services as detailed in this section, and any other services we agree to provide as set out in your Account.
3.2 Each month the Platform will prescribe you a monthly Carbon target that you can view in the Platform (Carbon Target). The Carbon Target is calculated based on New Zealand’s 2019 per capita emissions, as estimated by the Ministry for the Environment. You can find out more about how we arrive at this calculation in the information set out on the Platform.
3.3 You can achieve your Carbon Target by collecting Carbon Points. Each Carbon Point represents 1 kilogram of Carbon offset, prevented or reduced. You can collect Carbon Points by:
(a) Redeeming a Deal.
(b) Providing us with evidence (in a form acceptable to us in our sole discretion) of your Carbon reduction or prevention efforts. This can be by way of:
i. actions taken by you to reduce, prevent or offset your Carbon emissions (including but not limited to, source of actions, type of offsets and information on amounts avoided through new technologies). Where we consider the evidence you provide is not sufficient, we may either estimate the amount of Carbon reduced, prevented or offset by you by reference to such materials and information as we consider relevant, or refuse to accept such evidence (in our sole discretion). Any estimate by us is final; or
ii. your purchase of Carbon offsets from a credible provider (as determined by us in our sole discretion).
(c) Requesting that we procure a certain amount of Carbon emissions avoidance or sequestration (Carbon Services) on your behalf. When we purchase Carbon Services at your request, these will be purchased from verified projects and the applicable Carbon units will be retired and we will attribute the benefit of those Carbon Services to you (where possible).You acknowledge and agree that we are not liable for any Liability which arises as a result of our procuring Carbon emissions avoidance or sequestration on your behalf.
3.4 You acknowledge and agree that we will charge the Price for providing the Carbon Services, for calculating or estimating any Carbon reduction, prevention or offset on your behalf and any associated administration services. The payment methods we offer for the Price are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
3.5 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
3.6 If you collect the number of Carbon Points equivalent to your Carbon Target in a month, you will attain GoZero Hero status which will allow you to access Hero Deals for the immediately following month. Carbon Points accrued during a month expire at the end of each month and do not rollover.
3.7 You can redeem a Deal by scanning the relevant QR code at a Vendors physical point of sale. We will then allocate the applicable number of Carbon Points for that Deal to your Account.
3.8 The listing of a Deal on the Platform is not an endorsement or recommendation that the Vendor is trustworthy or suitable. We recommend that you make your own investigations with respect to the suitability of any Vendors or Deals.
3.9 You are solely responsible for all interactions with the Vendor in relation to the Deal, including your purchase of and payment for the goods and/or services and any returns or refunds in relation to the goods and/or services.
3.10 To avoid doubt, the cancellation, exchange, variation, or refund of any goods and/or services the subject of a Deal listed on the Platform is strictly a matter between you and the Vendor. We are not liable for any Liability which arises as a result of a your acceptance, purchase, completion or otherwise of a Deal.
3.11 You acknowledge and agree that:
(a) By redeeming a Deal you are not offsetting your own Carbon emissions, but are instead supporting businesses who have taken action to reduce their Carbon emissions.
(b) We are not in any way endorsed by or affiliated with the New Zealand Emissions Trading Scheme.
(c) The purchase and sale of Carbon offsets is a commodity market, meaning that market prices fluctuate, and that we reserve the right to periodically reprice the value of our Carbon offsets in relation to the current market price.
(d) If any Carbon offsets are from one particular Carbon reduction project, they are not indefinitely available and we reserve the right at any time to substitute one Carbon reduction project for another. Any Carbon reduction projects shown on our Platform are examples only and may change from time to time.
(e) Any Carbon reduction value assigned to your actions is an estimate only and is not to be used to determine an official Carbon footprint, Carbon reduction or Carbon offset, nor to determine benefits or liabilities under any emissions trading scheme or to make claims of Carbon neutrality or similar.
(f) The Carbon Target is an estimate only and is not to be used to determine an official carbon footprint or carbon dioxide offset, nor to determine benefits or liabilities under the New Zealand Emissions Trading Scheme or to make any claims of carbon neutrality; and (iii) use of the GoZero Services is not a substitute for legal advice on your obligations under applicable legislation, including (without limitation) the Climate Change Response Act 2002.
3.12 We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
3.13 Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via the help desk or via email. We will endeavour to respond to any support requests in a reasonable period.
3.14 You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
3.15 You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
3.16 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
4.1 You must register on the Platform and create an account (Account) to access the Platform’s features.
4.2 You must provide basic information when registering for an Account including your contact name and email address and you must choose a username and password.
4.3 You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information. Where you have linked your Social Media Account to your Account and the Platform, we may offer to you the option to publish your carbon footprint reduction or removal progress to your Social Media Account, along with sharing any challenge awards or badges we may offer from time-to-time.
4.5 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.
4.6 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
5 Our Intellectual Property
5.1 You acknowledge and agree that we own or license all Intellectual Property Rights in any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property).
5.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
5.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
5.4 This clause will survive the cancellation of your Account.
6 Your Data
6.1 You own all data, information or content you upload into the Platform (Your Data), as well as any data or information output from the Platform using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below).
6.2 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:
(a) communicate with you (including to send you information we believe may be of interest to you);
(b) supply the Platform to you and otherwise perform our obligations under these Terms;
(c) diagnose problems with the Platform;
(d) enhance and otherwise modify the Platform;
(e) perform Analytics;
(f) develop other services, provided we de-identify Your Data; and
(g) as reasonably required to perform our obligations under these Terms.
6.3 You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
(b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.4 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
6.5 We do not endorse or approve, and are not responsible for, any of Your Data.
6.6 You acknowledge and agree that the Platform and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.
6.7 You agree that: (1) all Intellectual Property Rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform (Feedback), will at all times vest, or remain vested, in us; and (2) we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.
6.8 This clause will survive the cancellation of your Account.
7.1 You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
8 NZ Consumer Laws
8.1 Certain legislation, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (NZ Consumer Laws), may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified.
8.2 Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under NZ Consumer Laws. Any and all other warranties or conditions which are not guaranteed by NZ Consumer Laws are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
9.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) you agree that we are not liable for the acts or omissions of Vendors, nor are we liable for the Deals;
(b) neither Party will be liable for Consequential Loss;
(c) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you.
9.2 This clause will survive the cancellation of your Account.
10.1 Cancellation of Account: You may request to cancel your Account at any time by notifying us via the ‘cancel my account’ feature in your Account.
10.2 We may cancel your Account at any time by giving 30 days’ written notice to you (Cancellation for Convenience).
10.3 An Account will be cancelled immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
10.4 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
10.5 Upon cancellation of your Account:
(a) we will remove your access to the Platform and your Account will be deleted;
(b) you agree that to the maximum extent permitted by law, any payments made by you to us are not refundable to you;
(c) where we cancel your Account for any reason other than a Cancellation for Convenience, you also agree to pay us our reasonable additional costs directly arising from such cancellation.
10.6 Cancellation of an Account will not affect any rights or liabilities that a Party has accrued under these Terms.
10.7 This clause will survive the cancellation of your Account.
11.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
11.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
11.3 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
11.4 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
11.5 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
11.6 Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
11.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
11.9 Publicity: You agree that we may advertise or publicise the fact that you are a user of our Platform, including on our website or in our promotional material. You further agree that we may display your name and any profile photo associated with your Account on public leaderboards in the Platform, including but not limited to for the purposes of incentivising users to further reduce or remove their carbon footprint by participating in scored challenges.
11.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
11.11 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase or obtain goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or commission) should you interact with third party sites through the Platform.
12.1 Carbon means greenhouse gases with global warming potential identified under the Kyoto Protocol, including carbon dioxide (CO¬2) methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFCs), sulphur hexafluoride (SF₆) perfluorocarbons (PFCs), or any other gases that can be measured in “carbon dioxide equivalent” based on their global warming potential.
12.2 Carbon Point means a loyalty point which we allocate to you when you redeem a Deal and which allows you to unlock Hero Deals once you have accrued a certain number of Carbon Points.
12.3 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
12.4 Deal means an offer for a Vendor’s goods and/or services which is advertised to you on the Platform.
12.5 Hero Deal means a premium Deal which gives you access to discounts on a Vendor’s goods or services.
12.6 Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
12.7 Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
12.8 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
12.9 Price means the price set out in the Invoice for our administration services, Carbon Services and estimating your Carbon reduction or prevention efforts as set out on the Platform from time to time.
For any questions or notices, please contact us at:
GOZERO LIMITED (NZBN 9429048927352)
Last update: 31 March 2023
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