Terms & Conditions

Welcome to Blackcurrent! We’re excited you are using or considering using our services as outlined in these terms.

We have endeavoured to make these terms understandable so that expectations are clear of what you can expect from us, and what we expect from you. We welcome your feedback.

Parties to this agreement include Black Current Limited (‘Blackcurrent’, ‘We, ‘Us’, ‘Our’) and You or Your (both you and any entity or firm you are authorised to represent).

Background

Our services consist of all the services we provide now or in the future, including our energy platform services, environmental management services, system assessments, monitoring, design, project management, installation and management of devices.

We charge fees for our services and expect payment for them.

We have developed a platform to manage and display your energy systems and distributed devices. We use agile development methods to continually improve our platform features and welcome feedback from partners and customers.

We use a mixture of proprietary and third party devices to monitor and capture data related to your energy system. Your energy system data is transferred across third party telecommunication networks to our platform. Due to circumstances outside our control, we cannot guarantee the successful transmission of data 100% of the time. As such it is possible there could be some minor and irregular gaps in the data captured. Blackcurrent will endeavour to take all reasonable action to ensure your usage data is as complete as possible but can provide no guarantee of a 100% complete dataset.  

We own everything we’ve put into our platform services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property.

Use of our monitoring services provides no guarantees against power failures. The intention of these Services is to provide real-time data to support decision making processes relating to your use of electricity. Ultimately our Service provides visibility of a likely event but cannot directly tell you what is causing it. Analysis of the data can be used to support any investigation.

These terms also apply to any agreements with associated third-party vendors selling or representing Blackcurrent's services. Associated vendors must disclose these terms and conditions to you (the customer) in any agreement between the vendor and the customer.

What you can expect from us

The Terms of Service constitutes a contract between Blackcurrent and the user.

You can expect our platform to be easy to use and display information in a timely manner. Over time we will develop and enhance our platform.

Payment terms will be displayed on invoices

For some services, a deposit may be required in order to purchase and install devices at your site. If this is the case, you will be informed prior to accepting our services.

We grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or until your access is revoked.

What we expect from you

Timely payment for any services you use.

When your data is entered or uploaded into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences. This licence allows us to create new data services to add value to you and others.

You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Any devices installed or connected to your energy system must be installed and/or certified by a registered electrician to comply with health and safety regulations. Once a device is setup it should not be moved without our knowledge.

You agree to keep your login credentials confidential to protect your account from unauthorised access.

You are responsible for protecting your username and password from getting stolen or misused. We suggest that your passwords are very strong and not easily guessable. The stronger the password the better!

To terminate your services at any time we require one month’s notice. Break fees may apply for some customers when terminating early before the end of their initial term.

You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

Data Ownership: You (the customer) grant Blackcurrent a perpetual right to collect and use your data for reporting purposes. You retain full ownership of your data at all times. Granting Blackcurrent right of collection on your behalf allows Blackcurrent to perform the services required for detailed reporting and analysis, and produce the reports for you to use at your discretion. Blackcurrent may also use your data combined with that of other customers to create aggregated analysis and reporting products to be used by a variety of our customers. In this case any identifying information will not be accessible.

The standard duration for Blackcurrent services is 36 months from the date the service is activated unless you have a different term stated in your specific service agreement. If you have engaged Blackcurrent by way of a third-party vendor, you must raise any concerns regarding the data collection period with said vendor. Disclosure of this data collection period is mandatory and it is the responsibility of any third-party vendor to discuss this with you at the time of engagement.

Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
• Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

General Terms

We welcome feedback and will endeavour to resolve customer queries promptly.

This agreement is governed by New Zealand law.

Dispute resolution: most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our customer services team. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Blackcurrent Limited
6 Greenaway Place
Martinborough, 5711
New Zealand

Contact us at any time via the website if you have questions or require further clarification on anything in our Terms and Conditions.

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