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Privacy Policy

Privacy Policy, Terms of Use and Membership Terms

Last updated: 25 October 2022

Roam respects the use of your personal details and your privacy will be protected with confidence. Any personal information provided will be used for internal use only and will not be disclosed to any third party.

 

Privacy Policy 

Lecco Foods Limited’s (We, Us, Our) Privacy Policy applies to all users of this website (the Website) roamenergy.co.nz  and should be read in conjunction with the Terms of Use and Membership Terms. 

 

Purpose

The purpose of this Privacy Policy is to let users of the Website know when we collect personal data and what we do with it. We do not use, share or transfer personal data except as set out in this Privacy Policy. When we talk about “personal data”, we are referring to information that identifies you as an individual or relates to an identifiable individual.

Defined terms: Where a defined term is used in this Privacy Policy but that term is not defined in this Privacy Policy, then such term will have the meaning given to it in the Membership Terms and Website Terms of Use.

Data Collection: No disclosure required. The Website can be viewed without the need for you to disclose any personal information to us.

Subscription: If you wish to subscribe to our Subscription service (aka "Subscribe & Save") then you must complete the online registration form which requires that you disclose a limited amount of personal data and become a registered user (Member).

 

Types of data we collect

We may collect, store and use the following types of data about you from the Website:

  1. Personal data about you, provided by you at the time of subscribing as a Member, which includes, but is not limited to, your name, address, email address, credit-card information/payment details, and any other such personal information that you provide to us through your dealings with us;
  2. Aggregate technical information, which tracks traffic to the Website, and includes, but is not limited to, your device identifier, server address, IP address, domain (whether you are accessing the Website from New Zealand or elsewhere), the platform you are using, browsers used when accessing the Website (including version), users’ search terms, pages accessed on the Website, links that are clicked on, date and time of Website visits, users’ operating systems, and any other such technical information relating to your use of the Roam website.

Sources of data collection

We may collect and hold personal data about you from the following sources:

(a) you, by filling in the registration form when you subscribe to our Newsletter or as a Member;
(b) indirectly, through your use of the Website, including automated technologies and interactions;
(c) through your interaction with our administrators, such as by telephone or email;
(d) through cookies; and
(e) provided by third parties authorised by you.

Services unavailable: Failure to provide necessary personal information when requested may result in certain services on the Website or Affiliated Websites not being available to you.

Changes: Members are able to access and change their details (name, email address, password, and credit card information) as part of their Subscription Customer Portal access.

 

Disclosures of your data

Disclosure: We will not disclose personal data we hold about you to any third party except as set out in this section.

Service Providers: We work with third-party service providers who provide hosting, maintenance, backup, storage, infrastructure, payment processing, logistics and delivery, analysis, marketing and other services for us, which may require them to access information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under instruction from us, including abiding by policies and procedures designed to protect your information. Some of these service providers may be located in countries other than yours or ours.

Legal Obligations: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to:

(a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, and our service providers may also do this;
(b) enforce our agreements, policies and terms;
(c) protect the intellectual property rights of any person;
(d) protect the security or integrity of our Website and services; or
(e) protect us, you or the public from harm or illegal activities.

Sale of our business: In the event that we propose to sell the business or any of our assets, we may provide your personal data as part of a database to a prospective buyer solely so that they can consider the purchase of the business. Should we proceed to sell the business (or a material part of it) we may provide your personal data as part of that sale so that the purchaser can continue to operate the business and contact you about their plans for the business.

 

Use of your data

We process and use the data we collect for the following purposes:

(a) to hold your personal data on our system and to contact you as necessary including:

  1. to enable you to access and use our Website;
    ii. obtain feedback on a Product you have ordered;
    iii. send periodic emails you have subscribed to through your nominated email address or mobile text messages;
    iv. as part of the transaction process when you order a Product from our Website;
    v. respond to any queries and/or comments you have sent to us; and
    vi. to investigate any complaints relating to the misuse of the Website or its functionality;

(b) to allow us to administer and manage your access to our Website, including verifying your identity and assisting you if you forget your user ID and/or password;

(c) to assist in prepopulating certain information in various forms that may need to be completed when you transact with us using the Website and Affiliated Websites;

(d) to assist in providing the Subscription to you, including to allow us to process payments in respect of your Subscription – you will have the option to choose to allow us to store your credit card or other payment account information by checking the “Remember details for next time” checkbox at the time of payment. If you elect not to store your credit card or other payment account information you will need to resubmit this information for each purchase made from the Website;

(e) to monitor, develop and improve the Website and ensure that content on the Website is relevant, of interest to you and presented in the most effective manner for you;

(f) to update and maintain our records, including details of people that have accessed our systems;

(g) we may, from time to time, anonymise data and use it in a manner in which you cannot be identified so we can understand how our Website is used and the types of Products that are being purchased; and

(h) for any other use that you authorise

TCPA Compliance text marketing and notifications: By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, please click on the unsubscribe ('Opt-out') link we provide you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests or texting STOP with a NZ mobile number will not be accounted as a reasonable means of opting out. Message and data rates may apply.

You can also contact us for more information at hello@roamenergy.co.nz

Short Code Version text marketing & notifications: By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided.

We determine cart abandoned by using a cookie and check whether the existing user has already opted in for text marketing.

Consent is not a condition of purchases.

If you wish to unsubscribe from receiving text marketing messages and notifications, use the unsubscribe ('Opt-Out') link we provided you within any of our messages.

If you do not wish to be part of our service you can unsubscribe at any time by clicking on the unsubscribe ('Opt-Out') link in every text message. You may get another text message confirming your unsubscribing from our service. You also agree that by sending an email, calling in, texting 'STOP' or sending any other means of opt out unsubscribe request or using words different than the ones presented above will not be reasonable means to unsubscribe you.

When you opt in for our service you may expect to get occasional texts concerning latest Text Alerts, Surveys, Welcome messages, Customer win-backs, Text Campaigns, Giveaways, Flash Sales, Upsells.

If your device does not support MMS we will deliver a SMS instead and strip the image. The opt out will also be delivered as a standard text message (SMS).

Mobile carriers in New Zealand, Australia and elsewhere worldwide are not responsible or liable for undelivered or delayed messages.

 

Cookies, Tracking and Sharing Personal Information

Cookies: We may use a "cookie" file, tracking pixels and other related technologies containing information that can identify the computer, smartphone or other web–enabled device that you are working from.

Usage: We may use the information generated by cookies, tracking pixels and other related technologies to:

(a) track traffic patterns to and from the Website including information like the pages you visit, the time you spend on each page, the date and time of your visit, and referring pages (pages you came from or go to);
(b) ensure any advertising is being shown to the most appropriate person and limit the frequency of display for certain ad formats;
(c) enable you to enter the Website and use certain services as a Member without having to log on each time and to visit Member only areas of the Website; and
(d) enable us and our partners/sponsors to serve targeted advertising to you (on our Website and elsewhere).

Turn-off: The browsers of most computers, smartphones and other web–enabled devices are usually set up to accept cookies. If your browser preferences allow it, you can configure your browser to accept all cookies, reject all cookies, or notify you when cookies are set. Each browser is different, so check the “Help” menu of your browser to learn about how to change your cookie preferences. You do not need to have cookies turned on to use the Website or any Affiliated Website in general, but you may need them for any customisable areas that we have now or in the future.

Please remember that cookies are often used to enable and improve certain functions on our Website or any Affiliated Website. If you choose to switch certain cookies off, it may affect how the Website or any Affiliated Website works and you may not be able to access all or parts of the Website or any Affiliated Website.

Shopify: We use Shopify to power our online store. You can read more about how Shopify uses your personal information here: 
https://www.shopify.com/legal/privacy

Meta (Facebook): We use Meta Advertising. Meta collects information about your use of the Website, your purchases, and your interaction with our Meta advertisements.

Google Advertising. We use Google Advertising. Google collects information about your use of the Website, your purchases, and your interaction with our Google advertisements.

Klaviyo: We use Klaviyo as our marketing platform for email and SMS communications. When you opt in to receiving marketing from us by providing your email, your name and email address is added to our email list on our Klaviyo account. 

Yotpo: We use Yotpo to collect product reviews if you have placed an order on the Website. Our Yotpo account receives your email address in order to send a review request email after your purchase.

Google Analytics: We use Google Analytics website measurement software and systems to assist in tracking traffic patterns to and from our Website, aggregating anonymous information about visits to our Website, and randomly and anonymously surveying users of our Website.

The system is used to collect information on our network such as the number of page views, the number of unique visitors, how long these visitors spend on the Website and Affiliated Websites when they do visit, and common entry and exit points into and from the Website and Affiliated Websites. Random anonymous surveys are also used to collect further information about our users.

This non-personal information is aggregated using Google Analytics and then used by us in our analysis of the Website and Affiliated Websites. The Google Analytics data is also accessible by media organisations and research companies for the purpose of conducting industry comparisons with other websites.

All our pages are coded with a small piece of Google Analytics code that is transparent to you when you read that page. The software stores a cookie in your browser (if you have enabled cookies) which contains a unique identifier to allow us to track the number of unique visitors to the Website and Affiliated Websites.

This information is collected and aggregated by Google Analytics and in no way can you be identified personally and no personal information is stored about you.

For details of Google Analytics’ privacy policy, click here.

 

Linking and third-party websites

Linked sites: The contents of the Website may include links to other third-party websites (Linked Sites). The Linked Sites are provided to you as a convenience and/or a courtesy, and the inclusion of any link does not imply our endorsement of the Linked Sites or any association by us with their business or owners. We are not responsible for the data protection/privacy/cookie usage policies of any Linked Sites and those sites may not follow the same privacy policies as us. We recommend that you check any relevant privacy policies of such Linked Sites before providing your personal data to any third party.

 

Opting in and Opting Out

Changes: If our intended collection, use or disclosure of your personal data is outside the collection, use or disclosure set out in this Privacy Policy we will give you the option to:

(a) opt out and not receive certain services or participate in certain interactive areas; or
(b) opt in to agree to be contacted by us in relation to certain matters such as notification of new features to the Website promotional

Unsubscribe: You may opt out of receiving certain types of communications from us by utilising the unsubscribe function in communications sent to you. Any digital communications (including but not limited to emails or SMS/MMS) we send will also always contain a link enabling you to edit your settings, be removed from our general mailing list, or where you are a Member you can unsubscribe as part of your Subscription details.

If you elect not to receive digital communications or ask to be removed from a mailing list, we may still send you messages where it is necessary to provide you with details of any purchases you have made, changes to our services, or the way the membership or Website is to operate.

Advertising: You can opt out of targeted advertising via:

Meta/Facebook - https://www.facebook.com/settings/?tab=ads
Google- https://www.google.com/settings/ads/anonymous
Bing - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Holding, accessing and correcting

Privacy Act: Under the New Zealand Privacy Act 1993, you have rights of access to and correction of personal information that we hold.  For information about this Act and how it protects the personal information of individuals in New Zealand, click here.

Access: You have the right to request access to your personal data. This enables you to receive a copy of the personal data we hold about you.

Correction: You have the right to request correction of any of your personal information provided to us, at any time and as often as necessary. We rely on Members to update or correct their personal information whenever necessary. We offer the ability for Members to correct or change their personal information online at any time and as often as necessary. This enables you to have any incomplete or inaccurate information we hold about you corrected or updated.

Contact us: If you would like to access the personal data relating to you that we have stored, or to request correction of such personal data, or if you have any concerns regarding this Privacy Policy, please contact us by email at hello@roamenergy.co.nz

Cost: You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). We may charge a reasonable fee where permitted by law if your request is clearly unfounded, repetitive or excessive.

Verifying identity: We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Privacy Commissioner: If you are not satisfied with our response to any privacy-related concern you may have, you can contact the Privacy Commissioner:

Office of the Privacy Commissioner
PO Box 10-094
Wellington 6143
New Zealand Phone: +64-4-474 7590

Enquiries Line: 0800 803 909

Email: enquiries@privacy.org.nz

Changes to Privacy Policy: We reserve the right to change this Privacy Policy (Amendments) at any time. Any Amendments will be posted on this page on the Website (and the “last updated” date will be updated). By continuing to access the Website, you agree to be bound by the Amendments. We recommend you regularly review this Privacy Policy to see any updates or changes to our Privacy Policy.

 

Terms of Use and Membership Terms

 

1. Website

1.1. Site: This website roamenergy.co.nz  (the Website) is operated by Lecco Foods Limited.

1.2. Agreement to be bound: These membership terms and website terms of use (Terms) and our Privacy Policy apply to all users of our Website, whether as a Member or as a visitor.

1.3. Not agree: If you do not agree to be bound by these Terms and the Privacy Policy, then you must stop browsing, accessing or using the Website.

 

2. Defined Words

2.1. In these Terms, the following words have these meanings:

“Affiliated Website” means any website (other than the Website) owned or operated by Lecco Foods Limited, trading as Roam.

“Content” means any software, data, information, picture, graphics and other materials published or made available on the Website, including all third-party content and User Generated Content.

“Delivery” means providing the Products set out in a product order to you or leaving the Products set out in a product order at the front door or similar point at the address supplied by you in the product order, or any particular point specified by you in the product order, or where a signature is required, at the time the goods are handed over and signature is obtained from a person at the relevant site.

“GST” means goods and services tax as set out in the Goods and Services Tax Act 1985.

"Member" means a user that has completed our registration process and created an account while they maintain that account.

"Product" means the goods and/or services being offered by us and promoted through the Website or Affiliated Website.

“Subscription” has the meaning given to that term in clause 5.1

“Unacceptable” means anything that is defamatory, harmful, offensive, upsetting, obscene, inappropriate, false, misleading, unsuitable for persons under the age of 18 years, in violation of any law or regulation, or otherwise considered by us as being unacceptable.

"User" means any user of the Website who is not a Member.

“User Generated Content” means any information and materials uploaded or generated by Users and/or Members (which may include you).

“We""us""our" and “Website” are a reference to Lecco Foods Limited, trading as Roam.

“Website” has the meaning given to that term in clause 1.1.

“You" and "your" are a reference to you.

 

3. Conduct of Users

3.1. In accessing and using the Website or any Affiliated Website whether as a User or a Member, you acknowledge and agree that you will not do any of the following:

(a) post or transmit any Content that is or is reasonably likely to be Unacceptable;
(b) abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
(c) post or transmit Content that infringes the intellectual property rights of any person;
(d) access an account, without authority, that is not your own or impersonate any other User or Member;
(e) manipulate or access, without authority, any part of the Website or any Affiliated Website, or post or transmit any Content that contains any virus or other destructive component;
(f) commit or encourage a criminal offence, or post or transmit any Content that is prohibited by or violates any applicable law or regulation;
(g) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
(h) any other conduct that otherwise breaches the Terms.

 

4. Membership specific terms

4.1. Members: Clauses 4 and 5 apply to your use of the Website as a Member. If you are not a Member, then the terms in clauses 4 and 5 do not apply to you.

4.2. Registering: To become a member of the Website, you must complete the online registration form, which will include creating a user login and password. By completing the registration process and/or accessing the Website as a Member, you are stating that you are eligible for membership and that you agree to be bound by the membership specific terms set out in clauses 4 and 5, in addition to the other terms in these Terms and the Privacy Policy, without qualification.  We reserve the right to reject any application for membership.

4.3. Details: You confirm that any information you provide to us relating to you through the membership registration process, or subsequent to registration, is current, complete and accurate at the time you provide it, is not misleading or deceptive, or likely to mislead or deceive. If your details change whilst you are a Member, you agree to update such information in a timely manner (which can be done by logging onto the Website).

4.4. User ID and password: You must ensure that your user ID and password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your user ID and password.  You must notify us immediately of any unauthorised use of your user ID and password or any other breach of security. Following any unauthorised use, you will cease using that password and create a new unrelated password. You indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to your membership and Subscription with us.

4.5. Communications: Where, on registering as a Member or subsequently, you indicate that you wish to receive email communication or mobile phone text messages from us, we may continue to communicate with you using such technology until you indicate otherwise. These communications may include information about our Products and features of the Website, notices about applicable fees and charges, transactional information and other information concerning or related to the Website, Products and/or product orders.

You may opt-out of receiving:

(a) email communication at any time by using the unsubscribe link in any email; and
(b) mobile phone text messages by following the instructions set out in any text message.

4.6 User-Generated Content: The Website may include User-Generated Content. We will endeavour to monitor, approve and/or moderate all User-Generated Content prior to such content being published on the Website.  We reserve the right to delete, edit or move any User-Generated Content uploaded and/or published which is, in our sole discretion, Unacceptable. Any views expressed in any User-Generated Content do not necessarily represent our views or values.  If you believe that any User-Generated Content is Unacceptable, or if you would otherwise like to complain about it, you can contact us at hello@roamenergy.co.nz

4.7 Warranties and acknowledgments: In relation to any content you submit to the Website as a Member, you:

(a) warrant that you are the owner of the content or are otherwise authorised or licensed to provide it to us;
(b) warrant that the content is not Unacceptable; 
(c) grant us a non-exclusive, worldwide, perpetual, royalty-free licence to use and republish your content in any format, and to exercise all copyright, moral and publicity rights relating to your content;
(d) acknowledge that we may edit your content for brevity, style or clarity; and
acknowledge that if we use and republish your content, we would attribute such content to you and we would still attribute such content to you if we make minor edits to your content.

4.8 Termination: We reserve the right in our sole discretion to terminate your membership at any time if you violate these Terms.

 

5. Subscription

5.1. Ordering: Your first order for your Subscription will be placed by you on confirmation of the start of your Subscription. Future orders will be placed by us based on the Delivery Schedule for your Subscription. Once the order is processed by us, a confirmation and receipt will be emailed to your contact email address.

5.2. Delivery schedule: The date of Delivery for your first Subscription is selected by you prior to confirmation of the start of your Subscription. Future Deliveries run on a regular schedule depending on your Subscription. The delivery schedule is visible to you as part of your Subscription details. Actual Delivery times may vary based on your location, our Product availability and other circumstances impacting delivery out of our control (including public holidays). We are not responsible for any delays in Deliveries out of our control. The delivery schedule can be found in My Account > Manage Subscriptions > Delivery Schedule.

5.3. Amendments: Any changes you make to your information may change the price of your Subscription and we will display this price to you once you have submitted the changes.

5.4. Prices: The total price paid by you for the Subscription is the price of the Products in each specific order plus costs and expenses of supply and delivering the Products, calculated on the day that order is processed in accordance with clause 3.

5.5. Termination: Your Subscription will remain in place unless you give notice of termination. You can terminate your Subscription at any time by logging into your account and going to the Subscriptions section of my account. Your Subscription will still be charged and delivered if your notification of termination is within 24 hours of your next scheduled delivery in accordance with clause 5.2 and  4.

5.6. Reactivation: If you terminate your Subscription and reactivate at a different time, the price for the reactivated Subscription may be different to the price in effect for the plan at the time of termination.

5.7. Cancellation: We reserve the right to refuse or cancel Subscription orders at our sole discretion. If we do this, you will only be charged for Subscription orders that have been shipped to you.

 

6. Non-subscription based orders

6.1. Ad-hoc purchasing: You do not need to be a Member or hold a Subscription to purchase Products from us.

 

7. Prices and payment

7.1. Prices: Prices displayed on the Website and any Affiliated Websites are in New Zealand dollars. We may change the price of Products from time to time and where we do, those prices will be displayed on the Products page.

7.2. GST: Unless otherwise expressly stated, all amounts specified on the Website and any Affiliated Websites are GST inclusive.

7.3. Payment method: You must pay for your Subscription or any Products purchased with a debit card, credit card or any other payment method that we make available from time to time. In doing so, you acknowledge that:

(a) additional bank charges may apply to certain transactions;
(b) you are liable for all costs associated with any default in payment for any Product order; and
(c) title to the Products will pass to you on receipt of full payment for the relevant Products.

7.4. Payment processing: Payments are processed by an independent third-party service provider. To allow the processing of payment and in accordance with our Privacy Policy, we provide certain personal information about you to that third-party provider.

7.5. Payment information: We may securely store and use credit card or other payment account information provided by you to make withdrawals from your account in exchange for payment for any Product confirmed in a product order.

 

8. Delivery

8.1. Delivery address: Delivery of Products is available in New Zealand, Australia and Internationally only to a physical address.

8.2. Loss or damage: We will bear the risk of loss or damage to the Products until Delivery. Risk in the Products will pass to you on Delivery.

8.3. Non-delivery: If we accept that a Product was not delivered, or that Products delivered were spoiled or damaged when delivered, we will replace the affected products or issue a refund for the amount paid for the products.

8.4. Signature required: Our Products require a signature by default, you are responsible for being available to sign for the delivery. If you are not available and the delivery was unsuccessful because obtaining a signature was not possible or there was no safe drop area for the courier, you may be charged an additional fee for re-delivery or you will need to make arrangements with the courier company to collect the goods.

8.5. Exclusion of liability: You acknowledge and agree that:

(a) Quoted delivery times are estimates only;
(b) Delivery to rural addresses may take longer than the time indicated, and some delivery options may not be available; and
(c) To the extent permitted by law we will not be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the Product order or Subscription not being fulfilled or the Products not being delivered within the anticipated delivery time.

 

9. Products and returns

9.1 Returns: Your satisfaction is important to us, if you have any questions about Our Products before you make your decision to purchase please reach out to us at hello@roamenergy.co.nz. No returns are accepted unless the product is faulty or the incorrect item was sent, in which case, a replacement, refund or exchange will be issued for orders placed within 14 days from the date of purchase.

To initiate a return:

(a) Email us at hello@roamenergy.co.nz from the email address associated with your order. Please attach a photo if the goods are incorrect or damaged. Please do not dispose of the items until we have exchanged it.
(b) Include details of the Product you wish to return and a reason for the return.

9.2. Further information: We may request further information from you regarding your return.

9.3. Product returns: If we require Products to be returned to us, we will communicate this to you and arrange collection. Please wait for a return approval before sending us your goods. Take reasonable care of the Products whilst in your possession prior to any return. We will inspect the returned Products on arrival.

9.4. Refunds: No refunds are issued unless the product is faulty or the incorrect item was sent, in which case, a replacement, refund or exchange will be issued for orders placed within 14 days from the date of purchase. We do not issue refunds for change of mind or dispute of efficacy. If a fault is agreed on our part and/or refund agreed, we will endeavour to refund you for the cost of the item being returned, within 3 business days.

 

10. Disclaimer, limitation of liability, indemnity and warranties

10.1. Updates: We reserve the right to update and amend any information on the Website at any time.

10.2. Exclusion of liability: To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage:

(a) in relation to your access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly; or
(b) in connection with any errors, omissions or misstatements in any material on the Website.

This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage).

10.3. Indemnity: You will take all necessary action to defend and indemnify us and our directors, officers and employees against all loss and damages suffered or incurred in connection with any claim brought by a third party against us arising from a breach by you of these Terms or the Privacy Policy.

10.4. Warranties: Warranties, conditions or obligations may be implied or imposed by the Consumer Guarantees Act 1993 (CGA), which cannot be excluded, restricted or modified. This clause is not intended to limit your rights under the CGA, except where Products are purchased for business purposes, or used in a business, in which case we:

(a) to the extent permitted by law, expressly contract out of all provisions of the CGA; and
(b) will not be liable to you in any event, whether in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage) for any loss of goodwill or loss of profits for an amount in excess of the amount paid by you to us for the Product.

 

11. Linked sites

11.1. Third parties: The Website may contain links to other third-party websites (Linked Sites). Linked Sites are not operated, controlled, or maintained by us and are provided for your convenience only.

11.2. Liability: You access Linked Sites at your own risk and to the maximum extent permitted by law we will not be:

(a) responsible for the availability, content, security, policies, or practices of any Linked Sites; or
(b) liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties; or
(c) responsible or liable for any dealings that you have with the third party.

11.2. No approval: Any link to a Linked Site does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such Linked Sites.

 

12. General

12.1. Suspension and termination: Without prejudice to any other rights and remedies available to us, if we consider that you have breached these Terms, we may immediately and without written notice to you, suspend or terminate your access to the Website (or any part of the Website). On suspension or termination, you must immediately cease using the Website and must not attempt to gain access to the Website.

12.2. Amendments: We reserve the right to change these Terms and the Privacy Policy (Amendments) at any time. Any Amendments will be posted on this page on the Website (and the “last updated” date will be updated). By continuing to access the Website and Affiliated Websites you agree to be bound by the Amendments. We recommend you regularly review these Terms and the Privacy Policy to see any updates or changes to our Terms.

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

12.4. Contact: If you have any questions or concerns in relation to the Website, Affiliated Website or these Terms, please contact us by sending an email to hello@roamenergy.co.nz