Mercury App terms and conditions

It’s wonderful that you’ve decided to use the Mercury App. Please read these terms and conditions, as by using the Mercury App, you agree to be bound by them.
  1.1 Accessing an account on the Mercury App is free.
  1.2 To login to the Mercury App, install the app on your mobile device from the App Store or Google Play, and use your existing My Account login details. If you do not have a My Account login, you will need to create one.
  1.3 You are responsible for keeping your My Account username, password and PIN secure.
  1.4 Only individuals may use the Mercury App and only one Mercury account can be linked to the Mercury App.  You must not allow any other person to use your Mercury App details to earn Mercury Dollars.
  1.5 You are responsible for costs associated with using the Mercury App application on your mobile device, for example, any data charges.
  2.1 The Mercury App allows you to earn and spend Mercury Dollars (see sections 3 and 4 for more details on how to earn and spend these). You can also pay your Mercury bill through the Mercury App. We’re always trying to improve the Mercury App so you can do more wonderful things.
  2.2 It’s really important that you know that Mercury Dollars are not legal currency and cannot be exchanged for, or purchased with, cash. Mercury Dollars cannot be transferred to another Mercury account and you must not sell, assign or transfer Mercury Dollars to any person for cash or any other form of consideration.
  2.3 Sometimes, we may run promotions through the Mercury App. We’ll include all the important information about the promotion on the Mercury App, including any terms and conditions for that promotion.
  3.1 You can earn Mercury Dollars by completing any of the “Challenges” set out in the “Earn Dollars” section of the Mercury App application, or by paying your Mercury bill. 
  3.2 Each Challenge will explain what you need to do to earn the set amount of Mercury Dollars available for completing that Challenge. Challenges could be a lot of different activities, for example, inviting a friend to join Mercury, walking a certain number of steps or paying your Mercury bill by using the Mercury App.
  3.3 You'll earn Mercury Dollars for each friend who becomes a Mercury customer using your referral code. We will credit your Mercury App with the applicable number of Mercury Dollars (as specified in the Mercury App) within 2 months of your friend joining Mercury.
  3.4 We will credit your Mercury App with the applicable number of Mercury Dollars (as specified in the Mercury App) once we confirm that you have completed a Challenge. We have the final say about whether you have achieved the criteria for a Challenge and will not enter into any correspondence about it.
  3.5 We can add or remove any of the Challenges (or the amount of Mercury Dollars that you will earn for completing any of the Challenges) from time to time at our discretion. We will endeavour to give you reasonable notice of how these changes will affect you, if at all.
  4.1 Once you have earned Mercury Dollars, as long as you are a Mercury customer, you can:
  (a) redeem them as a discount on your Mercury bill. For each Mercury Dollar you apply to your account, we will discount the amount owing on your bill by NZ$1. You cannot gain a refund of any credit on your Mercury account where that credit is created by a discount applied using Mercury Dollars. For example, if you close your Mercury account, your Mercury Dollars or credit created using Mercury Dollars will not be refunded.
  (b) convert them into Airpoints Dollars. You will receive 1 Airpoints Dollar for each Mercury Dollar you decide to convert. In order to covert Mercury Dollars into Airpoints Dollars, you must be a registered Airpoints user and link your Airpoints account to your Mercury App. Airpoints and Mercury Airpoints terms will apply.
  4.2 Any Mercury Dollars you spend will be deducted from your balance on the Mercury App. 
  4.3 You need to have an active Mercury account to spend your Mercury Dollars. If you close your Mercury account, any remaining Mercury Dollars that have not been spent will be removed from your Mercury App.
  4.4 Mercury Dollars must be spent within 12 months of the date that they were earned or they will expire. After the Mercury Dollars expire, they will be removed from your Mercury App.
  4.5 We may change the ways in which you are able to spend Mercury Dollars from time to time at our discretion. We will endeavour to give you reasonable notice of how these changes will affect you, if at all.
  4.6 If any of the ways to spend Mercury Dollars involve a third party, you must comply with the third party’s terms and conditions.
  5.1 The current electricity usage amount shown on your Mercury App may vary from the actual amount that you have used, as it may not include your last two days of electricity usage. Your actual electricity usage shown on your final bill may vary from the projected usage amount shown, which is an estimate based on a calculated forecast of electricity use that may not include last two days of electricity usage.
  6.1 The current electricity spend amount shown on your Mercury app page may vary from the actual amount that you have spent, as it may not include your last two days of electricity usage. Your final bill may vary from the projected bill amount shown, which is an estimate based on a calculated forecast of electricity use that may not include your last two days of electricity usage. Your current spend and projected bill amounts shown on your Mercury app exclude any amount you may have spent on gas during the billing period.
  7.1 A 'Customer Meter Reading' means a reading of the Meter on or relating to your Property conducted by you and advised to us. If you dispute the accuracy of any estimated invoice, you may carry out a Customer Meter Reading and provide that reading to us using the Mercury App. We will accept a Customer Meter Reading that meets our reasonable requirements. If it turns out that our estimate was materially inaccurate, we will agree with you any invoicing adjustments necessary.
  8.1 Subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, but otherwise to the maximum extent permitted by law, we are not responsible or liable for, any loss or damages suffered by you in connection with or arising from your use of the Mercury App.
  8.2 We do not make any representations or warranties (whether express or implied) about any third party websites, applications, products and services. You maintain full responsibility for your dealings with third parties and your use of any benefit or service provided by third parties.
  9.1 We may vary, suspend, modify or terminate these terms, or cancel the Mercury App in its entirety, at any time without prior notice. Any changes to these terms will be posted on the Mercury website and within the Mercury App. Where we elect to cancel the Mercury App, any unspent Mercury Dollars will no longer be valid and may not be used for any purpose.
  9.2 If these terms change, you agree to be bound by any changes by continuing to use the Mercury App. We recommend you review these terms from time to time. If you do not wish to be bound by these terms, you must deactivate your Mercury App.
  9.3 We may decline to let you use the Mercury App, or may deactivate your Mercury App, at any time on reasonable grounds, such as for you having a history of dishonesty with Mercury.
  10.1 By using the Mercury App, you authorise us to collect, use and disclose personal information obtained in connection with your usage of the Mercury App in accordance with our Privacy Policy and these terms.
  10.2 We may disclose your personal information to any of our third party business partners to allow us and them to facilitate your use of the Mercury App Account and/or provide you with your selected benefits.
  10.3 You acknowledge and agree that by providing us with your email address, we may send you commercial electronic messages regarding the Mercury App, your Mercury account more generally, and/or special offers or promotions which we believe you might be interested in.
  10.4 You may unsubscribe from such emails at any time by clicking the “Unsubscribe” link included in any of the emails or by updating your communication preferences in your online Mercury account.
  11.1 We make no representation about your potential tax liability as a result of your participation in the Mercury App programme. You are solely responsible for any tax liability incurred or tax that is required to be paid pursuant to any law in connection with your Mercury App use..
  11.2 All right, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the Mercury App and its contents is owned by, and shall at all times remain the exclusive property of, Mercury, its licensors and the providers of any other products and services accessible through the Mercury App, and is protected by New Zealand and international law.
  11.3 Some ways to earn or spend Mercury Dollars may involve health and safety risk. You acknowledge that you are aware of the risks, and have considered whether you are capable of engaging in the relevant task.
  11.4 These terms shall be governed by and construed in accordance with the laws of New Zealand and, in the event of any legal action in connection with these terms, you submit to the non-exclusive jurisdiction of the courts of New Zealand.
  11.5 Additional information about the Mercury App may be found on the Mercury website or on the Mercury App itself. To the extent of any inconsistency between these terms and conditions and any information regarding the Mercury App found elsewhere, these terms and conditions shall prevail.
  11.6 Notice shall be deemed to be given to you if it is posted on the Mercury App or Mercury website, and/or emailed to your email address.
  11.7 Any reference to “Mercury”, “us”, “we” or “our” means Mercury NZ Limited, and includes its related companies, directors, officers, employees or agents.