These Customer Terms and Conditions apply to your use of the GridSmart hot water controller, the GridSmart app, related software, cloud services, support services, and any related energy optimisation or demand response services provided by GridSmart.
By purchasing, installing, registering, activating, or using a GridSmart device or the GridSmart app, you agree to these Terms and to the documents linked below.
These Terms should be read together with:
If there is any inconsistency between these Terms and another GridSmart document, these Terms apply unless the other document expressly states that it overrides these Terms for that specific issue.
In these Terms:
App means the GridSmart mobile application, web application, online portal, or related digital interface.
Customer, you, or your means the person who purchases, registers, activates, owns, controls, occupies, or uses a GridSmart device or service.
Device means the GridSmart hot water controller and any related hardware supplied by or on behalf of GridSmart.
Energy Partner means any third party authorised by GridSmart to support, control, optimise, verify, report on, or administer energy services relating to the Device. This may include an energy retailer, electricity distribution business, aggregator, flexibility provider, metering provider, data service provider, technology provider, or other authorised service provider.
GridSmart, we, us, or our means [INSERT LEGAL ENTITY NAME], trading as GridSmart.
ICP means the installation control point or other identifier used in New Zealand electricity systems to identify a property’s electricity connection.
Services means the Device, App, cloud platform, remote control services, monitoring services, optimisation services, demand response services, support services, firmware updates, software updates, and any related services provided by GridSmart.
Smart Control means any remote monitoring, scheduling, optimisation, load shifting, demand response, tariff optimisation, grid support, or similar control of the Device.
GridSmart is designed to help optimise hot water heating by adjusting heating times and settings based on factors such as customer preferences, hot water system characteristics, electricity tariff information, energy retailer information, device data, and energy-related control signals.
GridSmart may support:
GridSmart does not guarantee any particular outcome, saving, level of comfort, hot water availability, fault detection, leak detection, or energy market benefit.
GridSmart is designed to support energy optimisation, but electricity bill savings are not guaranteed.
Your actual savings may depend on many factors, including:
Any savings estimate, example, forecast, case study, calculator output, marketing statement, or app display is indicative only and must not be treated as a guarantee.
If you change your electricity retailer, electricity plan, meter configuration, ICP, controlled-load arrangement, solar or battery setup, or household usage pattern, GridSmart’s optimisation may become less effective or unsuitable.
GridSmart is designed to use reasonable endeavours to maintain normal domestic hot water availability while optimising energy use. However, GridSmart does not guarantee that hot water will always be available, or that you will never run out of hot water.
Hot water availability may be affected by:
If you experience no hot water, unusually low hot water, visible leaks, electrical issues, burning smells, water damage, or any safety concern, you should contact a qualified electrician, plumber, emergency service, or GridSmart support as appropriate.
GridSmart is not a leak detection system, water damage prevention system, safety system, thermostat safety device, plumbing protection device, electrical protection device, or substitute for normal inspection, maintenance, servicing, or safe operation of your hot water system.
GridSmart does not guarantee detection of:
Any alert, app notification, diagnostic, or device signal may be delayed, unavailable, incomplete, or inaccurate. You remain responsible for monitoring your property, maintaining your hot water system, and responding to visible or suspected issues.
You agree to:
If you do not meet these responsibilities, GridSmart may be unable to provide the Services properly and may suspend or limit some Services.
You must only install, register, or activate a GridSmart Device if you are the homeowner or have authority from the homeowner.
If you are a tenant, occupier, property manager, builder, developer, installer, or other person who is not the homeowner, you confirm that you have obtained all necessary authority to install, activate, register, and use the Device.
If you are a landlord, property owner, property manager, builder, or developer, you are responsible for ensuring that tenants and occupants are informed that:
GridSmart may require confirmation of ownership, authority, or occupancy before activating, transferring, or providing Services for a Device.
Unless otherwise agreed in writing, the GridSmart Device is owned by the owner of the property where the Device is installed.
If the property is sold, the Device will generally remain with the property as part of the home unless it is removed before sale by the property owner.
If a property owner removes the Device and takes it to another property, the property owner must notify GridSmart at info@gridsmart.co.nz before or immediately after removal so GridSmart can remap the Device to the new installation address and ICP.
If you move out of a property, sell the property, stop occupying the property, or transfer the property to another person, you must notify GridSmart at info@gridsmart.co.nz.
When GridSmart becomes aware that you no longer own, occupy, or control the property where the Device is installed, GridSmart may:
You must not retain app access to, control of, or visibility over a Device after you no longer own, occupy, or have authority over the property where the Device is installed.
You authorise GridSmart to remotely monitor, manage, and control the Device for the purpose of providing the Services.
This may include:
You acknowledge that Smart Control may change when your hot water cylinder heats, subject to these Terms and the Consent and Authority for Device Control and Energy Services.
You authorise GridSmart to nominate, work with, and provide relevant data to Energy Partners for the purpose of providing, supporting, verifying, administering, or improving energy control and optimisation services.
Energy Partners may include:
Energy Partners may provide control signals, tariff information, verification information, settlement information, programme requirements, or other information relevant to the Services.
GridSmart will use reasonable endeavours to ensure that Energy Partner control does not materially disadvantage you as described in clause 12.
GridSmart will use reasonable endeavours to ensure that Smart Control by GridSmart or an Energy Partner does not materially disadvantage you.
A material disadvantage means a control action that GridSmart reasonably expects would:
For clarity, the following are not automatically treated as material disadvantages:
Nothing in this clause guarantees uninterrupted hot water availability or a particular financial outcome.
You may opt out of third-party energy control by emailing info@gridsmart.co.nz.
Unless a shorter period is required by law or agreed by GridSmart, GridSmart will use reasonable endeavours to process your opt-out request within [5] working days.
Opting out may affect:
Opting out of third-party control does not necessarily stop GridSmart from collecting or using information required to operate the Device, provide the App, support your account, maintain security, comply with law, or provide basic Services.
GridSmart may require Wi-Fi, internet connectivity, power supply, cloud access, and app access to operate properly.
You are responsible for maintaining a suitable Wi-Fi network, internet connection, power supply, router, mobile device, app version, and operating system.
If connectivity is lost, limited, unreliable, or unavailable:
GridSmart is not responsible for loss, damage, reduced savings, or reduced performance caused by Wi-Fi, internet, cloud, power, mobile device, app store, operating system, or third-party service failures outside GridSmart’s reasonable control.
GridSmart may update, modify, improve, suspend, remove, or replace any part of the App, software, firmware, cloud platform, algorithms, device settings, integrations, or Services.
GridSmart may apply updates automatically, including security updates, firmware updates, software updates, configuration changes, bug fixes, and performance improvements.
Some updates may be mandatory. If you do not allow or support updates, some Services may stop working or become unavailable.
GridSmart may stop supporting older versions of the App, operating systems, firmware, devices, or integrations.
GridSmart may suspend, limit, or cancel some or all Services if:
Where reasonable, GridSmart will try to give notice before suspension or cancellation. However, GridSmart may act without prior notice where it considers this necessary for safety, cybersecurity, compliance, or operational integrity.
Some GridSmart Services may be provided for free, included in the Device purchase price, included in an Energy Partner programme, or offered as a paid subscription or paid feature.
Where fees apply, the relevant fees, billing period, payment terms, cancellation rights, and consequences of non-payment will be disclosed to you before you purchase or activate the relevant paid Service.
GridSmart may introduce new paid features or subscription services in the future. GridSmart will not charge you for new paid features unless you agree to the applicable price and terms.
If you do not pay applicable fees when due, GridSmart may suspend, limit, or cancel the relevant paid Services.
The Device must be installed, serviced, repaired, moved, or removed only by GridSmart, a GridSmart-authorised installer, or a suitably qualified electrician, plumber, or other trade professional approved or accepted by GridSmart.
You must not attempt to install, service, repair, move, remove, bypass, or modify the Device unless GridSmart has authorised you in writing.
GridSmart is not responsible for loss, damage, malfunction, or safety issues caused by unauthorised installation, servicing, repair, movement, removal, modification, tampering, or interference.
If there is an immediate risk to people, property, electrical safety, water safety, or building safety, you must contact the appropriate emergency service, electrician, plumber, or other qualified professional.
You should not rely on GridSmart, the App, notifications, or customer support as an emergency response service.
If you notice visible leaks, water damage, burning smells, exposed wiring, electrical arcing, overheating, unusual noises, no hot water, or any other safety issue, you should stop using the affected system where safe to do so and contact a qualified professional.
GridSmart collects, uses, stores, and discloses personal information as described in the GridSmart Privacy Policy.
By using the Device, App, or Services, you acknowledge that GridSmart may collect and use information relating to you, your property, your hot water system, your Device, your energy usage, your electricity retailer, your electricity plan, your ICP, your app settings, your connectivity, and your participation in energy control or optimisation services.
You also acknowledge that GridSmart may share relevant information with Energy Partners and service providers as described in the Privacy Policy and the Consent and Authority for Device Control and Energy Services.
GridSmart may send you service, safety, operational, support, warranty, account, and legal communications where required or reasonably necessary to provide the Services.
GridSmart will only send marketing communications where it has the required consent or is otherwise permitted by law.
You may opt out of marketing communications at any time using the unsubscribe function or by contacting info@gridsmart.co.nz.
Opting out of marketing communications does not stop GridSmart from sending important service, safety, account, warranty, or legal messages.
GridSmart owns or licenses all intellectual property rights in the Device, App, software, firmware, cloud platform, algorithms, documentation, trademarks, branding, and Services.
You must not:
To the maximum extent permitted by law, GridSmart is not liable for:
Nothing in these Terms limits or excludes any rights, guarantees, remedies, or liability that cannot be limited or excluded under applicable law, including applicable consumer protection laws.
Where GridSmart is permitted to limit its liability, GridSmart’s total liability to you in connection with the Device, App, or Services is limited to [INSERT LIABILITY CAP — e.g. amount paid by customer for Device/Services in previous 12 months, or another lawyer-approved cap].
Nothing in these Terms is intended to limit, exclude, or modify any rights you have under laws that cannot be lawfully limited, excluded, or modified.
If you acquire the Device or Services as a consumer, you may have rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986, and other applicable laws.
GridSmart may update these Terms from time to time.
If GridSmart makes a material change, GridSmart will take reasonable steps to notify you, such as by email, app notification, website notice, or other reasonable method.
If you continue using the Device, App, or Services after updated Terms take effect, you will be treated as accepting the updated Terms, except where further consent is required by law.
For support, complaints, opt-out requests, data requests, warranty support, or account changes, contact:
info@gridsmart.co.nz
GridSmart will use reasonable endeavours to respond to support requests within a reasonable time. Response times may vary depending on the issue, urgency, availability of installers, third-party involvement, and whether a site visit is required.
These Terms are governed by New Zealand law.
