Terms of Use

The Watercare App (“the App”) is a service operated and provided by Watercare Services Limited (referred to in these terms of use as “Watercare”, "we", "our" or "us").

Your use of the App is governed by these terms of use. By registering, accessing and/or using the App, you agree to be bound by these terms of use – please read them carefully. If you do not accept these terms, you must not use the App.

The App allows you to access information regarding your Watercare account electronically and to access certain online services (including making one-off payments).

The App links to Watercare’s Terms of use and Customer Contract. Please also consult these.

Definitions

• “Digital Account” means the profile registered to access the Watercare App and MyAccount

• “My Account” means the account used to access the MyAccount platform on Watercare’s website

• “The App” means the Watercare App that is subject to these terms of use.

Registration

If you already use MyAccount, you will be able to use your MyAccount credentials to access the App once it is downloaded to your mobile device.

Otherwise, you must download the App and register by completing the sign-up steps in the App. When registering, you will be required to provide a valid email address which you must verify. You will also be required to set up a secure password. The email address you provide will be used as your login to the App. To register for and access the App, you must have internet access and you will be responsible for all costs associated with that access.

Adding a property

To add a property/properties to the App, you will be required to provide your Watercare account number(s) and details as listed on your previous Watercare bill. You will also need to confirm your relationship to the property and if you are a tenant, lessee or business owner, your authorisation from the property owner to manage the account.

Privacy statement

The Privacy Statement available on our website sets out how we collect, use and disclose your personal information. The Privacy Statement forms a part of these terms of use. Set out below is some additional information about our collection and handling of personal information in connection with the App.

The personal information we may collect in connection with the App includes your:

• Identification and contact details (including name, date of birth, email address, billing information);

• Watercare account details; and

• Email and phone correspondence with Watercare (including through the LiveChat function on the App).

If you do not provide all the information we request, you may not be able to access the App.

Purposes for which we use personal information that you provide to us in relation to the App, include:

• Providing you with account information; and

• Assisting us with the management and the provision of any other services we may provide to you from time to time, including for example ensuring we have up-to-date records relating to your Watercare account.

Your personal information may be disclosed or otherwise made available to third party service providers who help us provide the App and any other services we may provide.

Accuracy and security of information

You are responsible for ensuring that all information that you provide to us (including your email address) is accurate, complete and up to date. You must advise us as soon as possible if your email address or other contact details change, by making changes in the App or in your MyAccount settings. Any changes may be subject to verification by us.

You must select a password for your use when you register for the App unless you are already a MyAccount user. You must keep your password secure and confidential and must not:

• choose a password that is easily able to be guessed or identified as relating to you;

• share your account number or password with any other person;

• keep any record of your password in a form that can be readily identifiable; or

• store your password anywhere in written or electronic form or in any automated log or process (e.g., by turning on the "auto-complete" function on an internet browser).

If your password becomes known to anyone other than yourself, you must immediately change your password in your App and/or MyAccount settings as appropriate, or contact us so we can assist you in securing your account. You should also let us know if you believe or suspect that your account details have been accessed by an unauthorised person. You are responsible for all activity conducted on the App using your registered email and password.

We take reasonable steps to preserve the security of information that we hold. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot completely ensure the security of the transmission of information between you and Watercare.

Intellectual property

All intellectual property on the App, including without limit, text, graphics, copyright works and trademarks, is owned by us (or by third-party content suppliers) and you have no rights in relation to such intellectual property. You may access, view, reproduce and print the content on the App, provided you only use that content for informational and non-commercial purposes.

Third party websites and materials

The App may contain links to third party websites or refer to third party services. These websites or third party services have not been prepared by us and are not managed by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites or third party services that the App links or refers to.

The App may also contain third party advertisements. Advertisements are not recommendations or endorsements by us. You should refer to the relevant advertiser for information on its products and/or services.

Disclaimer

Although we have tried to ensure the content on the App is current, accurate and complete, we do not guarantee that such content will be always available, current, accurate or complete when you access it. We will act, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.

To the extent permitted by law, we do not represent, endorse or warrant:

• the content, services or information on the App;

• that you will have uninterrupted or error-free access to, and use of, the App;

• that the App will be capable of running on your iPhone or Android device;

• that the App, any services provided on it, and any files available for downloading on it will be error-free or free from viruses, faults or defects; or

• that the content is accurate, complete, or suitable for a particular purpose.

To the extent permitted by law, we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind however caused (including negligence), which you may suffer or incur, directly or indirectly, from any error, inaccuracy, incompleteness or other defect in information on, or accessed through, the App, or from your use of, or reliance on, the App, including any transaction processing or payment services made available on, or through, the App.

If the Consumer Guarantees Act 1993 and Fair Trading Act 1986 apply, you may have rights or remedies which are not excluded nor limited by the above. If your connection with Watercare is a business connection, the above exclusions and limits will apply and the Consumer Guarantees Act 1993 and certain provisions of the Fair Trading Act 1986 (to the extent permitted by law) will not apply.

Compliance with law

You agree to always comply with all applicable laws and with these terms of use when using the App. You may not attempt to gain unauthorised access to any part or feature of the App, or attempt to obtain any materials, information or documents through any means not authorised by us or intended to be made available by us. This includes, without limit, hacking, password mining or otherwise accessing data without prior express authorisation. You may not test the vulnerability of the App or seek to trace any information on any other user.

Jurisdiction and Governing Law

These terms of use and any matters or disputes connected with the App will be governed by New Zealand laws and will be dealt with by the exclusive jurisdiction of the New Zealand courts.

Amendments and other terms

We may modify, add to or delete any of these terms of use for the App from time to time. We will endeavour to give you at least 14 days’ notice of such changes. We may notify give notice to you by any of the following means:

• Emailing you at the email address you have provided us;

• Posting information on our website;

• Public notice; or

• Written notice to you

By continuing to use the App after any changes take effect, you are deemed to have agreed to the changes. If there is any inconsistency between these terms of use and any standard Watercare terms and conditions (including the Privacy Statement) in relation to the use of the App, these terms of use will prevail, but only to the extent required to resolve that inconsistency.

Suspension or termination

You may delete the App from your device at any time.

We may at any time with reasonable notice withdraw or suspend your access to the App. We may do this if you breach any of these terms of use, you have acted fraudulently, or we consider we have other reasonable grounds to do so.

We may notify you of termination or suspension of your access to the App or any other matter by telephone or in writing (including by email).

If you wish to permanently delete your digital account, you can do so in the App. Upon termination of your digital account, your login details and other information provided to Watercare via the App will be permanently deleted. Please note this will also delete your MyAccount access via the Watercare website. The water usage data and e-billing preferences associated with any water accounts will not be deleted.

If you delete your digital account, you will be able to re-register using the same email address on the App or via the Watercare website after approximately one hour.

Contacting us

If you have any questions or concerns in relation to the App or these terms of use, please contact us.