Morepork Terms & Conditions

Terms & Conditions

1. Welcome to our Website

Morepork welcomes you to our website. By viewing and using this website you acknowledge that you have read and accept these Website Terms of Use (Website Terms). In these Website Terms:

• “you” means you, the person visiting and using our website, and
• “our”, “we”, “us” or “Morepork” means ADT Security Limited, a member of the Johnson Controls group of companies.

2. Conflict with other terms and conditions

These terms and conditions apply to your use of this website. In addition, when ordering products or services through this website you will be required to agree to certain additional terms and conditions, including the Morepork Customer Terms and Privacy Policy. If there is any inconsistency between such additional terms and conditions and these terms and conditions, then the additional terms and conditions will prevail to the extent of that inconsistency.

3. Online Orders and Site Content

You must be 18 years or older to place orders for products or services on this website. Any time you order a product or service from Morepork online, you are making an offer to Morepork to purchase that product or service. Morepork may accept or decline that offer in its sole and absolute discretion. Notwithstanding that Morepork may process payment for an order, an order will not be considered accepted until Morepork dispatches the product or supplies the service.

While we will try our best to accurately show products on our website, some products, especially their colours and sizes, may appear differently on your screen than what they actually are and we don’t guarantee that the actual product will look exactly the same as what you can see on your screen. The products and services available for purchase on this website, including their prices and features, may change at any time without notice. We may limit the number of products and services you can order on this website at any one time, and your purchases may be subject to credit card limits.

Delivery of product orders on this website are by courier, within New Zealand only, and need to be signed for. You take responsibility for a delivered product at the time the delivery is signed for by you or on your behalf. We do not accept any liability for any loss, damage or expense caused by a delay in delivery.

Certain products purchased on this website may be returnable under the terms of our Returns Policy. The Consumer Guarantees Act 1993 applies to products and services you purchase from this website, unless the product or service you have purchased is for business purposes.

The information provided on this website is based on information supplied by Morepork (unless otherwise specified), and is intended only as an introduction and guide to Morepork and its range of available products and services. While every endeavour has been made to supply accurate information, errors and omissions may occur. Morepork does not, to the extent permitted by law, accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this website. Changes or updates to the content of this website may occur without notice.

4. Intellectual Property

Morepork owns all copyright and all other intellectual property rights in this website. Everything on this website is copyrighted unless otherwise noted. Morepork welcomes the use of this website for your non-commercial use only provided that you do not remove any copyright, trademark and other proprietary notices contained in the content. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any portion of this website without Morepork‘s express permission

5. Links

At our discretion, we may include links to third-party sites on our website. These third-party sites have separate and independent terms and privacy policies. We have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these sites.

Morepork provides links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by Morepork of the linked site. In accordance with Internet protocol, we require that you request the permission of Morepork to link to this website. If you would like to link to the site web please contact us.

6. Your use of this site

You must not use this site or its contents:

• In breach of any legislation or for any unlawful act
• To damage or disrupt this site or any other Morepork website

7. Information about you

If you visit and use our website, then we collect and store the following information about your visit

• the IP address of your machine when connected to the Internet and the domain name from which you are accessing the Internet
• the operating system and the browser your computer uses, and any search engine you are using
• your browsing behaviour
• the date and time you are visiting
• the URLs of the pages you visit
• the domain name of the page you visit after leaving our website

We use this information to measure the number of visitors to different parts of the site and for various purposes connected with the provision of products and services, e.g. to measure the effectiveness of advertising.

Although we may publish aggregated information about usage patterns, we do not disclose information about individual machines or persons except for the reasons set out below in this section. We do not sell information which identifies you personally. We may gather more extensive information if we are concerned, for example, about security issues. If we think it is necessary, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.

If you choose to provide us with personal information such as your email address, for example by filling out an electronic query, asking for us to contact you to send you updates about our goods and services, we will use the information to communicate to you with information that you asked for and which we consider might be of interest to you. This may include email marketing.

You have the right to access to personal information we hold about you where it is stored in such a way that it can be readily be retrieved. If the personal information we hold about you is not accurate or complete, then you may ask us to correct it.

Morepork Customers: If you are a Morepork customer, the “Morepork – Customer Terms and Conditions” and “Morepork Customer Privacy Policy” (both of which appear below) also apply to your use of Morepork services and the information we may collect from you as a Morepork customer.

8. Use of Cookies and Web Beacons

Cookies: This website places a cookie on the hard drive of your computer. A “cookie” is a file which allows Morepork to track and target the interests of users, and serve ads based on your prior visits to this website. We also use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. At your discretion, Morepork may also store and access cookies on your machine to allow you to bypass the process of re-entering your username each time you access the Morepork website.

The information we collect and share with third parties through cookies is aggregated and therefore anonymous (it does not include personal information which may identify you). The information may be used to serve you ads in relation to our products when you visit our website and third party websites.

You can delete cookies from your website browser at any time and also permit third parties to place or modify cookies on your computer or mobile device on our behalf. The third parties can use these “tracking cookies” (also known as “third party cookies”) to determine if you have visited certain pages on our site or other sites and may use tracking cookies to present targeted advertisements to you as you visit other sites. These tracking cookies do not contain personal information (though they do identify the computer or mobile device you use to visit the site) and you can configure your browser to reject tracking cookies.

While we recommend that users enable cookies on their browsers in order to enjoy all the features of this site, the decision remains in the hands of the individual. (The management of cookies will be different depending on each user’s PC – refer to your browser help menu for further information). Third party vendors, including Google, show our ads on sites on the Internet and use cookies to serve ads based on your prior visits to this website. You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Alternatively you may opt out of cookies by visiting the Network Advertising Initiative opt out page

Web Beacons: We and third-party advertisers may use web beacons in connection with our website. Some of our website pages contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of non-personally identifiable information about your interactions on our website. Web beacons may be used to place advertisements, to understand website traffic patterns and the number of visitors to our website, and to measure the effectiveness of advertisements or email messages.

9. Changes to these Terms

We may change these Website Terms at any time by changing or removing existing terms or adding new ones. Changes may take the form of completely new terms. We will tell you about any changes by posting updated terms on our website. Any change we make applies from the date we post it on the website.

10. Jurisdiction

This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.

Morepork – Customer Terms and Conditions

1. Welcome to Morepork

These are the terms of the agreement you have with us. To make it easier for you to understand, we refer to these terms as the “Terms”. Please note the definitions which appear in clause 17 below.

In signing up to Morepork you may take up one or more of the following Morepork Services with us:

i. Morepork Video Service– this is a self-monitored video service, that allows you to watch and record video from your Morepork Video devices using the Morepork app and portal. This service is available only from www.moreporkvideo.nz

ii. Morepork Self-Monitoring Service – a security and home automation service that allows you to arm and disarm your Morepork alarm via the Morepork app on your smartphone or tablet, you can be alerted when your alarm is triggered and manage any home security and automation devices you have purchased that work with Morepork. This service is available only after purchasing a Morepork Security Starter Kit along with a Morepork Self-Monitoring Service from www.morepork.nz.

iii. Morepork Professional Response Service – this is an additional professional service delivered via the ADT Security Response Centre who can, depending on how your alarm is configured, notify you if alarm signals are received by the ADT Security Response Centre, and send a guard to your property should you choose. This service can be added to the Morepork Self-Monitoring Service only, or available after purchasing a Morepork Security Starter Kit along with a Morepork Professional Response Service from www.morepork.nz.

In order to provide you with services, we may from time to time use third parties to perform certain functions. We explain this further below.

The Terms apply to all Morepork customers from the time they sign up to the Services and create a Morepork account (“Account”). We have used “we”, “us” and “our” for ADT Security Limited, and “you” and “your” for you – our valued customer. By signing up to an Account, you agree to these Terms. It is important that you read the Terms carefully because they contain, among other things, important warranty disclaimers and limitations of liability applicable to the Services and the Products. Our Privacy Policy and Website Terms of Use also apply to the Products and Services and form part of our agreement with you.

Our Privacy Policy and Website Terms of Use also apply to the Products and Services and form part of our agreement with you. These are available at morepork.nz/terms-conditions.

Morepork is a range of Smart Home Products and Services. For further information about the Products and Services and related charges, check the Morepork Website at morepork.nz for Morepork Self-Monitoring and Professional Response Service or www.moreporkvideo.nz for Morepork Video Service.

Please note that (other than where our Morepork Suppliers provide Services to you under these Terms) the Terms do not apply to any products or services that any third party providers agree to provide you, and/or you agree to pay for, under separate agreements between you and them. For example your mobile, broadband or electricity service providers, or third party providers of any devices, equipment, products and/or services you choose to use with your Morepork Products or Services, including providers of Works with Morepork devices, equipment, products and services or any Morepork products you have not purchased directly from us (or from our authorised retailers) as new.

2. What you need to use Morepork

To use the Morepork Products and Services you need to:

• have premises in New Zealand;
• be 18 years of age or older;
• have Mobile Network Coverage at the location where your control panel is located for the Morepork Self-Monitoring/Professional Response Service;
• have an active broadband connection and electricity at the property where you wish to use the Products and Services;
• have a valid and current email address;
• have a valid debit/credit card;
• purchase the necessary Products and subscribe to a Morepork Service for each Morepork pack/kit;
• have a mobile device that can be used to access the Services (the specific requirements for your device are set out below);
• complete the Morepork sign up process, select a Morepork Service and open an Account,
• and (if you wish to have professional monitoring and response services) agree to a Professional Response Service with ADT Security; and
• agree to, and comply with, these Terms, Our Privacy Policy and Our Website Terms of Use.

Where you choose a Professional Response Service, you will need to set up, and agree to, a Professional Response Service with ADT Security. The Professional Response Team at ADT Security cannot monitor signals received from your alarm system, or provide response services to you, until you have completed the form to set up, and agreed to, a Professional Response Service and finalised the set up with an ADT Security Representative. If you choose this option, you will be directed to complete the relevant form at the time you set up your Account and an ADT Security Representative will contact you to finalise the set up. Where this is the case you:

1) will need to agree to the terms of a Professional Response Service including, but not limited to:

• the steps to be taken by ADT Security in the event of an Alarm Activation or Fire Alert
• the estimated response time a guard will take before they attend your premises;
• the steps a guard can take when visiting your premises. Where this requires entry onto your property you will need to consent to that entry;
• acknowledge that guard call out services are not available everywhere and guard call-out fees apply.

2) acknowledge that we, and our third party suppliers, are not responsible for matters agreed as part of the Professional Response Service that are outside our, or our third party suppliers’, control. For example, where unforeseeable weather conditions or traffic affect response times for guards to attend your premises or the Emergency Services fail to attend the property.

Any terms which are agreed as part of the Professional Response Service form part of these Terms.

You will also need to make sure that:

• you have a compatible mobile (or other) device which has an operating system that is compatible with the Morepork iOS/Android App (visit morepork.nz/support to find out whether your device will work with the Morepork App); and
• you download and install the Morepork App (and update it when prompted). This will need to be done through a third party app store or website. If your mobile device, or any other device, that you use to access the Services has been lost or stolen, we recommend you turn off your auto-login, so that the Morepork App cannot be easily accessed (visit morepork.nz/support to find out more information on how to do this).

3. Your Account and term

When you select a Morepork Service, you will need to set up an Account. As part of this process you must provide the information requested, register and maintain a valid debit/credit card with your Account. We will automatically apply any relevant Charges, including for Products, periodic Service payments, Start Up Fees, replacement equipment charges if not returned, and any other applicable charges to the debit/credit card registered to your Account. The Charges for the Services or Instalment Payments will be 10 weekdays after your order date. This will be the “Start Date”. We will notify you by email of the specific start date on your order confirmation email.

To the extent they apply, Charges for Products, Services are paid for on a monthly basis and are paid in advance. After any initial payment are made by you when you open an Account, all applicable monthly Charges for the following monthly periods will be automatically deducted every month on the anniversary of your Start Date until such time as your Service comes to an end for any reason.

IIt is your responsibility to check that the Morepork Service is suitable for your needs. Special terms and conditions for each Morepork Service or offer may be published on our websites where the Services are advertised and/or sold. It is your responsibility to check what, if any, special terms and conditions exist for different Services or offers.

Morepork Services and special offers may have a Minimum Term. For Morepork Self-Monitoring Services and Professional Response Services you may change between these Services only once per billing period. Morepork Video Service customers, unless otherwise stated in these terms or Morepork Video special offer terms, cannot change subscription to a Morepork Self-Monitoring Service or Professional Response Services within the Minimum Term of their Morepork Video subscription.

The agreement we have with you under these Terms will continue to apply, and we will continue to provide you with the Services (unless otherwise suspended), until this agreement is terminated as set out in this agreement, even if you move properties.

The mobile phone number and email address you provide must be valid and accessible by you. We will communicate with you via the mobile phone number and email address registered to the Account. You are responsible for ensuring the mobile phone number and email address is updated and current and notify us of any changes.

4. Our commitments to you

Our Services

Whenever we, or our Morepork Suppliers, provide Services to you, or in connection with your Account, we will try our best to provide them with reasonable care and skill, and will make all reasonable efforts to ensure our Services do everything we say they will. However, given the nature of internet-based services (including the reliance on systems and services that neither we nor our Morepork Suppliers own or control), we cannot promise that the Services provided to you will be:

• continuous or fault free, or that errors can be corrected;
• available at any particular time or location;
• available for any minimum period of time; or
• secure or private (to the extent we do not have control over matters such as your router or third party services).

Please note that the quality, capabilities, speed, coverage and imagery of our Products and Services partly rely and depend on your mobile device, internet services (i.e. mobile data or broadband), electricity services, lighting, weather and other conditions beyond our control. As a result, neither we nor our Morepork Suppliers can guarantee the clarity or quality of any video footage or images generated through your use of the Products and Services, nor can we guarantee that you will receive this content. The set up and positioning of the Products is controlled by you.

You agree and acknowledge that the Services and Products may not detect, observe, view, or prevent an unauthorised intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage.

The Services may also be unavailable at times due to maintenance, repairs, upgrades or modifications. Where this is within our control, we will try our best to give you notice and keep such unavailability to a minimum.

Services provided through our third party suppliers

In order to enable us to provide certain Products and Services to you, we may have third party suppliers approved by us perform any of our rights and obligations under this agreement. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us, but we remain responsible to you.

In order to provide you with safe and secure security services and to ensure your property is as secure as we can make it, we use the following third party suppliers:

• Alarm.com: which provides video cameras and professional services relating to the software and apps you use, and stores the video footage and images captured by the Products. We do not have any direct access to this video footage or images for security purposes. If your Services include video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on Alarm.com’s servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from Morepork. Please see the Morepork Privacy Policy for more details.
• Patrol companies: which provide professional guard despatch and security response services in accordance with a Professional Response Service agreed by you and ADT Security.

Charges

The Charges for the Products and Services are set out on the Morepork Websites and are also available by contacting our Support Team at morepork.nz/contact. All Charges include GST.

Changes to the agreement

From time to time, we may need to change the terms of the agreement with you by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. We may also change any aspects of any Morepork Products and Services.

Changes to Morepork that benefit you or have a neutral impact on you

If we reasonably consider that a change to these Terms or the Morepork Products or Services is likely to benefit you or have a neutral impact on you, we may make that change immediately and will tell you about the change as soon as possible after the change has been made. Examples of changes that will benefit you include a reduction in Charges or inclusion of additional benefits in the Services. Examples of changes that will have a neutral impact on you include changing the name of a Service we provide you.

Changes to Morepork that have may have an adverse impact on you

If we alter these Terms or Morepork Products or Services in a way that reduces your rights, or obligations to you, or reduces the Product or Service offering currently received by you and the change is within our control, we will try to provide you one month’s notice of such change. However, if the change is outside of our control, and it is possible, we will provide you notice of the change beforehand. If the change is outside of our control and we are unable to provide you notice of the change beforehand, we will provide you notice as soon as possible after the change has been made. We will tell you about any such changes by emailing or writing to you (such as bill message or direct mail) and by publishing the change on the Morepork Website. If you do not agree to these changes, you may exercise your right to terminate our agreement with you under these Terms without any Early Exit Fees.

Warranty and Returns

Morepork will replace any defective Morepork hardware you have purchased directly from us as new (or from one of our authorised retailers) within 12 months from the time it was purchased. This warranty is in addition to your rights under the Consumer Guarantees Act 1993, or other New Zealand legislation. If there are defects in the hardware of your Morepork Security Starter Kit, or your chosen Morepork Video pack or an Add-on within the first 12 months from the date you purchased it from us, you can return it to us for a replacement in accordance with our Returns Policy.

Our goods and services, which are supplied to consumers, come with guarantees provided by New Zealand’s Consumer Guarantees Act 1993 and these guarantees cannot be excluded, except where those goods or services are acquired for the purposes of a business. If our goods do not comply with the guarantees provided under the Act, you can require ADT to remedy the failure. If the failure can be repaired, we will either repair or replace the goods or at our option, or refund your money. Any such repair or replacement will be carried out in Normal Working Hours. If the failure cannot be repaired or is of a substantial character, you can reject the goods and ADT Security will refund the purchase price. You may also obtain compensation for any foreseeable loss or damage resulting from a failure which cannot be repaired or a failure of a substantial character. A claimant will need to provide appropriate evidence in support of any claim for compensation.

Additionally, if you change your mind about your Morepork purchase you can cancel your purchase agreement within 7 days from the date the Morepork equipment was delivered to you, in accordance with our Change of Mind Policy. This Change of Mind Policy is in addition to your rights under the Consumer Guarantees Act 1993, or other New Zealand legislation.

Notice of cancellation for uninvited Direct Sales

If you were sold your Morepork products by an uninvited Direct Salesperson and you change your mind about your Morepork purchase, you can cancel your purchase agreement within 5 working days from the date that you completed your order.

Early Exit Fees

Morepork Self-Monitoring or Professional Response Service Early Exit Fees are calculated based on the amount of months remaining in your Minimum Terms or as otherwise described for your chosen Service or offer and cover any hardware subsidy, administration costs, cost of shipping the Product and Customer Service/Debt Recovery Costs of the Service terminating before the Minimum Term expires. Details of Early Exit Fees are published here.

Morepork Video Early Exit Fees are a flat fee of $60 or as otherwise described for your chosen Service or offer and cover administration costs, cost of shipping the Product and Customer Service/Debt Recovery Costs of the Service terminating before the Minimum Term expires. Details of Early Exit Fees are published here.

5. Products

You must pay the purchase price of any Products you buy from us, which is the price agreed at the time of purchase. You cannot terminate this agreement simply by returning any Products to us. From the time we deliver the Products to you they will be at your risk but title to the Products will only pass to you once you have paid for the Products in full.

Where you take up this offer you agree that:

• Instalment Payments will be automatically deducted from your debit/credit card registered to your Account on a monthly basis beginning on the Start Date and recurring each month thereafter. So you can keep track of these payments, we will send a GST receipt to your email address each month setting out the details of any charges.
• If we are unable to deduct an Instalment Payment when it is due or you are no longer using the Products with an eligible Morepork Plan, we may suspend, withdraw or disconnect your Account and/or Services or terminate this agreement.
• If Your Account and/or Services are terminated in accordance with these Terms before all Instalment Payments have been deducted in full, you must ensure that all amounts owed to us under these Terms including, without limitation, the aggregated total of all unpaid Instalment Payments, any Charges owing and any Early Exit Fees owing by you in relation to the Services, can be deducted by the due date. You acknowledge and agree that the Morepork Products can only be used with a Morepork plan.

6. Your responsibilities to us

General responsibilities

You agree to meet the following general responsibilities:

• Comply with all your obligations in these Terms.
• Use the Services for your own use in New Zealand, and not re-sell or commercialise any Services.
• Not to re-sell the Morepork Security Kit control panel.
• Comply with all our instructions and policies in the event you choose to give or resell Morepork Products (other than the Morepork Security Starter Kit Control Panel) to a third party. (Morepork reserves the right to request you to cease reselling any Morepork Product at any time for any reason).
• Follow all instructions and guidelines, including all installation and users guides, we give you in relation to the use of the Products and Services.
• Comply with our reasonable requirements to reconfigure or accept updates to the Products, Services, your Mobile Device or any other equipment you are using in relation to the Services (including the software and apps used in relation to the Services), if we reasonably believe it is necessary to do so.
• Provide us with all information we reasonably request in connection with these Terms.
• Make sure all information you give to us or to any third party retailer is accurate and complete.
• Notify us immediately of any change of your address, email address, mobile phone number, or any other relevant contact details.
• Comply with all applicable laws, regulations, and codes when using the Products and Services, including, but not limited to, the Privacy Act 1993, the Copyright Act 1994, the Defamation Act 1992 and the Crimes Act 1961, and not infringe any third party’s rights.
• Not use the Products or Services in a way or for any purpose which we consider, not acting reasonably and in good faith, to be illegal, fraudulent, abusive or offensive.
• Notify us as soon as possible of any faults or damage with the Products or Services that you become aware of.
• Keep confidential, and not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Services.
• For the Morepork Security Starter Kit Control Panel change the installer and master codes provided to you to a confidential code for your own use (for the Morepork Self-Monitoring/Professional Response Service).
• Only use Products and additional equipment approved by us.
• Not do anything or introduce anything (including any virus) that may damage or harm the Products or Services, or any third party’s network or equipment.
• Not permit, authorise or assist any other person to reverse engineer, decompile, disassemble, create derivative works of, modify, or alter the Products or Services, nor remove, circumvent, alter, degrade, deactivate or thwart any security, encryption software or technology included in the Products or Services.
• Not carry out unauthorised repairs, alterations or additions to the Products.
• Authorise us or a person approved by us to remotely access your Morepork Products in order to perform any tasks that, in our opinion, are reasonably necessary to protect you or our other customers, update your Morepork Products, to maintain, alter or protect the integrity or performance of our Products or Services, or where we have been directed to do so by law.
• Comply with the terms of any deferred payment arrangement or loan agreement that you have with us relating to any Products or other equipment including, but not limited to, the Morepork Starter Kit, Start Up Fee and Instalment Payments.
• Make sure everyone you are responsible for and who uses the Products or Services also meets your responsibilities set out in these Terms.
• Maintain your relationship with all service providers you engage to assist your enjoyment of the Services (for example, your internet service provider, mobile service provider, electricity service provider or any emergency services) and all obligations and charges you may owe to them as a result of using their services.
• Obtain your own insurance, if any, to cover property loss or damage on your property. You agree we and our Morepork Suppliers are not an insurer of your property or the personal safety of persons in or around your property.
• You will have full responsibility for the placement, location, direction and presence of the Morepork Products and any components (whether or not furnished by ADT Security Limited) such as, cameras, recording devices, peripheral devices or other devices.

Using the Products and Services may involve significant data usage. You are responsible for all of your own mobile and internet service charges and Morepork accepts no responsibility for any charges arising from any data usage or internet charges incurred to use the Services.

You acknowledge and agree that:

• ADT Security gives no guarantee against criminal intrusion or fire.
• The provision of the Services is an aid to security risk management as the first line of defence against criminal intrusion and emergency situations.
• This Agreement is not intended as a policy of insurance nor a substitute for an insurance policy, and nothing in this Agreement shall constitute ADT Security as an insurer.
• Subject to the New Zealand Consumer Law, ADT Security will not be liable to you or any third party in connection with:

o the suspension, interruption, failure, delay or restriction or failure of transmission of the Morepork Products or Services caused by matters outside ADT Security’s reasonable control including:

§ internet, satellite or radio interference due to atmospheric conditions, geographic factors, network congestion, and/or outages, maintenance outages and other operational or technical difficulties; or

§ the distance from that part of the Morepork Products comprised of the alarm panel and automation gateway to the other equipment;

o any code errors, viruses (known or unknown) arising from the use of the Morepork Products or Services;

o any incompatibility of the Morepork Products and Services with any other software, hardware or material on your Mobile Device or any other property owned by you;

o any damage to your Mobile Device or any other property caused by the use of the Morepork Products or Services;

o any misuse or failure of the Morepork Products or Services caused by you or your officers, employees, contractors and agents;

o any loss you or any other person suffers as a result of:

§ any use, misuse or unauthorised use of the Morepork Products or Services or your login details or Account;

§ your internet service, telecommunications or other utility provider;

§ your use of your internet connection; or

§ Your negligence or failure to follow ADT Security’s reasonable instructions or any other matter outside of ADT Security’s reasonable control.

Third Party Products

All Third Party Products, including all “Works with Morepork” Products and any Morepork goods or products you have not purchased directly from us (or from our authorised retailers) as new and their use, are your responsibility. You are responsible for installing any Third Party Products you wish to use with the Products and Service, for ensuring those Third Party Products work properly with the Products and Services, and for complying with any terms, conditions and requirements we publish in these Terms or on our Website in relation to Third Party Products and/or their use with our Products and Services. We do not offer any technical support for Third Party Products, unless expressly stated in our Terms. If any Third Party Products do not work properly, you need to contact the supplier or manufacturer that provided it to you, rather than us, about the problem. Returns for any faulty Third Party Products need to be arranged directly with that third party. If you have a dispute with any supplier or manufacturer of a Third Party Product, you need to resolve that dispute directly with that third party and we are under no obligation to become involved. You acknowledge that the compatibility of Third Party Products with our Products and Services are dependent on a number of factors such as:

• how the Third Party Product is paired, integrated with and used with Morepork Products and Services;
• the quality of the Third Party Product and how it operates;
• Your use of Third Party Products in accordance with the third party supplier or manufacturer’s, and our, requirements, terms and conditions;

Use of any Third Party Products, and third party applications and websites, are governed by separate terms and conditions provided by the third party supplier, manufacture and/or operator of such (including privacy policies), and you agree that you have read, agree to and will comply with all such terms and conditions.

You acknowledged and agree that we:

• do not control Third Party Products and we do not offer any warranties or guarantees in relation to any Third Party Products, including in relation to the reliability, quality, operations or safety of any Third Party Products. You need to check any warranties or guarantees that may apply to any Third Party Product with supplier or manufacturer of that product;
• are not responsible if any Third Party Product is damaged as a result of unauthorised use of the Products and Services, or if it does not work with the Products or Services. We are under no obligation to take any action so you can access our Products and Services using any Third Party Products, and
• do not have any responsibility or liability to you in relation to any Third Party Products, including for any loss, damage, liability, claims, personal injury, death, property damage, interruption to service, downtime, data loss, or other harm or losses arising from or relating to your use of any Third Party Products in any way, including with the Products and Services.

Looking after your personal identifier and your Account password and security

• You are responsible for maintaining the confidentiality of any user name, login, password, PIN codes and other personal identifier used by or allocated to you in connection with your Account. You are also responsible for any and all authorised activities that occur under your Account or through the use of your personal identifier(s), Products or Mobile Device.
• You also agree to notify us immediately of any actual or suspected unauthorised use of your Account, or personal identifier or other breach of security. However, notice provided by you under this clause does not release you from your responsibilities under these Terms.
• We retain ownership of all personal identifiers used by or allocated to you, and all rights in them. We may change any personal identifier, for example, by allocating you a new login or password where we consider it reasonably necessary to do so. We will try to notify you of such a change beforehand. You agree to change your password if requested by us..
• You agree to setup and maintain any security challenge questions/answers before being able to have our support staff service your Account.

7. Billing

There is a monthly billing period for your use of the Services and any deferred payment Service you have agreed to. This will commence from the Start Date. We will provide you with a GST receipt for each billing period by email. The GST receipt will specify the total amount of the Charges that have been applied to your debit/credit card. Charges for Products, Services, including any applicable Start Up Fee and Instalment Payments, will be billed in advance or as otherwise set out on the Morepork Website.

8. Withholding, suspending, disconnecting or restricting Services

We may temporarily withhold, suspend or restrict your use of any or all of the Services if:

• you or anyone authorised by you does not comply with these Terms;
• we are unable to deduct any Charges payable by you to us by the due date;
• you or anyone authorised by you, damages or puts the Services at risk; or
• you harass, abuse or threaten our staff, or you have made multiple complaints without a reasonable basis for doing so, and you continue to make complaints without any reasonable basis after we have requested you to stop.

We will always do our best to contact you before we withhold, suspend or restrict your use of any of the Services.

Where you have not met a responsibility you have to us under this agreement and, as a result, we have withheld, suspended, disconnected or restricted any of the Services, you will remain liable for all Charges during this period while we investigate your failure to meet your responsibilities. Once any issues have been resolved (either through termination or reinstatement of the Services), we will backdate amounts due by or payable to you, to the date the Services were withheld, suspended or restricted.

Where we withhold, suspend, disconnect or restrict your Service as a result of you not meeting a responsibility you have to us, we may require that your Account be paid in full. The reconnection will be subject to our standard credit approval.

If you continue not to meet a responsibility you have to us, such as paying Charges owing, we will permanently disconnect your Services and terminate this agreement. If we are going to permanently disconnect your Services, we will give you at least 48 hours’ notice.

Where we permanently disconnect your Services and terminate this agreement, you will remain liable for all Charges incurred up to the date of a withholding, suspension or restriction. Where such disconnection is before the end of your Minimum Term, we reserve the right to charge you an Early Exit Fee. Your final bill will also set out, and you will remain liable to pay, any outstanding Instalment Payments or other outstanding Charges.

9. Consumer protection legislation and liability

If you are a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these Terms, and are not affected by anything in this clause 9.

If you are using the Products or Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, you acknowledge that, to the maximum extent permitted by law, the provisions of that Act do not apply to the Services that we provide to you under this agreement.

You will be liable to us, including for all Charges, in the following circumstances:

• where you breach the Terms or any other agreement we have with you; or
• where anyone authorised by you breaches the Terms or any other agreement we have with you.

You agree to indemnify us and our Morepork Suppliers from and against any loss, damage, liability, costs or expenses (including legal expenses) suffered or incurred by us, or our Morepork Suppliers in connection with any breach by you of these Terms.

Neither we nor our Morepork Suppliers, including Alarm.com, will be liable for any loss to the extent that it is caused by you or anyone authorised by you (for example, through your breach of the Terms or your negligence) or for any circumstances referred to in clause 16.

You may become aware that you have suffered loss before we do. If you suffer any loss as a result of the Products or Services, you agree to take reasonable steps to avoid or minimise your loss and that neither we nor our Morepork Suppliers are liable for any loss to the extent that such loss could have been reduced if you had taken reasonable steps to do so.

No other Johnson Controls company or Alarm.com company (including their officers, employees, contractors and agents) will be liable to you for loss or damage of any kind arising from your use of the Products or Services. This clause creates a right and benefit that other Johnson Controls-related or Alarm.com-related companies can enforce as a defence to any claim.

10. Limitation of liability

10 (a) Limitation on Liability

Subject to clause 10(b) and notwithstanding any other provision to the contrary, ADT Security’s total aggregate liability for breach of this agreement or any injury, loss, damage or expense arising out of or in connection with this agreement or ADT Security’s performance of its obligations hereunder or otherwise, whether that liability arises under contract, any indemnity, tort (including negligence), by statute or otherwise shall not exceed the total dollar amount of the Charges paid by you to ADT Security in the first 12 months of the term of the agreement. This clause does not affect any rights or remedies under the New Zealand Consumer Law which cannot be excluded, restricted or modified.

10(b) Repair or replacement

Where the goods and/or services supplied by ADT Security under this agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption, ADT Security limits its liability, and that of its Related Companies (including liability for negligence) at ADT Security’s option to:

i. in the case of the supply of goods:

A. the replacement of goods or supply of equivalent goods;

B. the repair of the goods;

C. the payment of the cost of replacing the goods or acquiring equivalent goods; or

D. the payment of the cost of having the goods repaired or the repair of the goods; and

ii. in the case of services:

A. the supply of the services again; or

B. the payment of the cost of having the services performed again.

10(c) Third parties

ADT Security may use one or more subcontractors, suppliers, vendors or licensors to provide all or any part of the Services. To the extent permitted by law, the limitations of liability set forth in this agreement shall apply to the work, products or services that ADT Security’s subcontractors, vendors, suppliers and licensors provide, and shall apply to them and protect such subcontractors, vendors, suppliers and licensors in the same manner as it protects ADT Security.

10(d) Consequential loss

Notwithstanding any other provision to the contrary, so far as the law permits, ADT Security shall not be liable under this agreement in contract, under any indemnity, tort (including negligence), by statute or otherwise for loss or damage (whether direct or indirect) of profits, revenues, use, production, contracts, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever. This clause does not affect any rights or remedies under the New Zealand Consumer Law which cannot be excluded, restricted or modified.

11. Information about you

The Morepork Privacy Policy sets out how your personal and other types of information, (created through your use of the Products and Services) is collected, held, stored and used. The Morepork Privacy Policy is available below.

Please make sure you read the Morepork Privacy Policy and any Morepork suppliers’ terms and conditions.

12. Sending notices and other communications

We may send you notices by sending you an SMS, by emailing or writing to you, by calling you or by publishing notices on the Morepork Website.

13. Transferring our responsibilities

We may transfer to someone else all or any part of our side of the agreement you have with us, for example, where our company structure changes. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person.

14. Giving up the services and ending the agreement

You may terminate your Morepork Service at any time via our support team. If you end your Morepork Service in this way, you will be able to use the Services until the end of the period you have paid for. Subject to anything to the contrary in the Terms:

• we will not provide any refunds for any Services that are terminated early for any reason; and
• if your Service terminates within the Minimum Term, we reserve the right to charge you an Early Exit Fee.

Our agreement with you under these Terms will end at the end of the paid billing period, and you will not be charged for the next or subsequent billing periods after we receive your notification.

On termination, you must pay us all Charges that are due, including all Instalment Payments and an Early Exit Fee where applicable.

Terminating this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards, including any obligation you may have to pay any outstanding Charges.

We can terminate the agreement:

• where you or anyone authorised by you does not comply with these Terms; and/or
• at any time and for any reason. We will give you 30 days notice if we decide to terminate, unless you or anyone authorised by you have not complied with these Terms.

Where we decide to terminate the agreement, except where you or anyone authorised by you have not complied with these Terms, then you will not be liable to pay an Early Exit Fee.

When your Account is cancelled or terminated, we will retain the details you provided at sign-up stage (other than your debit/credit card details) for a reasonable time to make reactivation easier if you want to subscribe again in the future. If you cancel your Morepork Service, and want your Account details deleted, please contact our Support Team at morepork.nz/contact.

In the event of termination or expiration of this agreement or your Account, each term and provision of this agreement that would by its very nature or terms survive any termination or expiration of this agreement, including, without limitation, clauses 9 (Consumer Protection legislation and liability) and 10 (Limitation of liability and consequential loss) shall survive any termination or expiration of this agreement, regardless of the cause thereof.

15. Intellectual property rights

We and our Morepork suppliers own or are licensed to use intellectual property rights in the Products and Services, and anything else we use or make available to you in connection with the Products or Services.

All title, interest and rights in the Products (including embedded software within such Products) or Services remain in us and/or our Morepork Suppliers.

You agree not to use or cause to permit any other person or entity to use the Products or Services to design, build, market or sell any similar or substitute product or service.

You are granted a non-exclusive, non-transferable, non-sub licensable, revocable, limited license to use the Services available to you in accordance with your Morepork Plan. Except for this limited licence, no rights, title or interests in any Services are transferred to you. Your licence to use the Services in accordance with these Terms immediately ceases on the termination, suspension, expiration or cancellation of your Account for any reason.

16. Other matters

When things happen that we cannot control (Force Majeure)

We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the Services) be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated by this clause. You will not be required to pay any Charges for any Services to the extent that such Services are not provided by us due to the circumstances contemplated by this clause.

Severability

Each term of this agreement is separately binding. If for any reason any term is not legally effective, all other terms shall remain binding.

Waiver

A failure or delay by you or us to enforce any rights or powers under this agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach.

Governing law

This agreement is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of it.

17. Definitions

“Account” means the record of customer information and configuration associated to you, which we use to provide our services.

“ADT Security” means ADT Security Limited trading as Morepork.

“ADT Security Response Centre” means the central monitoring centre where signals from alarm equipment installed at a site are received by ADT Security Limited.

“Alarm.com” means Alarm.com Incorporated, the third party supplier that Morepork engages to provide you with the Cloud, Web Portal and Mobile App components of the Services and the video cameras used in connection with the Services.

“Charges” means charges for your access to and use of the Products and Services. Charges may include, without limitation, your monthly (or other periodic) charges for Services, Instalment Payments, delivery fees, guard call-out fees, any applicable Early Exit Fee and late payment fees and all reasonable administrative charges and any costs incurred in collecting outstanding payments from you.

“Early Exit Fees” means fees payable by you when your Service is terminated during the Minimum Term, as set out on our website at morepork.co.nz/support. These charges are a genuine pre-estimate of the losses we will suffer as a result of that Service being terminated before the end of the Minimum Term.

“Instalment Payment/s” means the series of monetary payments that are derived from the Start-Up Fee and payable in monthly instalments.

“Minimum Term” means any minimum fixed period commitment that applies to your chosen Service.

“Mobile Device” means a mobile phone or other telecommunications device, which you use to access the Services.

“Morepork” means us.

“Morepork App” means the iOS or Android “Morepork” Mobile Application, which can be downloaded from the respective phone store.

“Morepork Security Starter Kit Control Panel” means the control panel product contained in the Morepork Starter Kit.

“Morepork Privacy Policy” means the online document that references what Morepork’s position is with regard to Privacy and Privacy related information. This can be found here morepork.nz/privacy.

“Morepork Starter Kit” means the hardware bundle that you are required to purchase to get started with Morepork’s Self–Monitoring/Professional Response Services, more information about what is in this bundle can be found here morepork.co.nz/shop

“Morepork video” means the service that allows you to observe your property remotely via the Morepork Video service

“Morepork Suppliers” means companies or organisations that Morepork has engaged with to provide a part or all of a Service to you as part of your total Morepork service.

“Morepork Website” means our website at morepork.nz or moreporkvideo.nz or such other website that we notify you of from time to time.

“PIN” means a personal identification number, which is necessary for protection from non-sanctioned access to the Services, Account or the Mobile Device you use to access the Services.

“Service” means your chosen Morepork services Service that you subscribe to from time to time.

“Products” means our hardware that is provided for sale by Morepork.

“Professional Response Service” means the Service that makes professional monitoring and guard dispatch components available for use by you available only with a Morepork Security Starter Kit.

“Services” means the services offered by us to you under these Terms, and anything else we provide in connection with those services, which may or may not incur a Charge.

“SMS” means a short message service, which is a form of text messaging on mobile phones.

“Mobile Network Coverage” means the presence of 3G and 4G Mobile Network.

“Start-Up Fee” means the fee that you are required to pay either at time of purchase or over a deferred schedule to get started with Morepork. This is not the total cost of the hardware that you purchase from us.

“Start Date” means that date that your Morepork monthly subscription begins and if you choose a deferred payment option for the start-up fee this term also refers to the data the deferred payments begin also.

“Third Party Products” means all devices, equipment, services, tools and/or technology that are provided to you by a third party (other than our Morepork Suppliers), for example your mobile data services, broadband equipment, broadband services, third party devices such as your Mobile Device and other equipment, services products and/or services you choose to use with Morepork from time to time, any Morepork Goods or Products you did not purchase directly from us (or our authorised retailers) as new, and includes all ‘Works with Morepork’ Products.

“we”, “us”, “our” means ADT Security Limited.

“Website Terms” means the terms that related to the use of our Website.

“Works with Morepork Products” means those products and services identified as such on the Morepork website and includes any good or products (including Morepork branded Products) you did not purchase directly from us (or from our authorised retailers) as new;

“You”, “your” means the customer who is a party to the agreement and has accepted the Terms.

Morepork Customer Privacy Policy

What are your privacy rights?

a) You acknowledge and agree that ADT Security or any third party who takes or intends to take an assignment of this agreement (collectively referred to as the “Collector”) may collect personal information about you including from your equipment once installed for the period of the Term.

b) You acknowledge without limitation that the Collector may:

i. use your personal information:

A. to assess any application by you for the Services and your credit worthiness;

B. to collect fees and Charges that are overdue under this agreement;

C. to provide the Services to you (including administration and the investigation or resolution of disputes relating to any Services provided to you);

D. to provide information to you about other goods and services which the Collector or its Related Companies or any of its partners and associates may offer to you;

E. to send you publications of the Collector; and

F. as otherwise required by law;

ii. disclose your personal information to:

A. other service providers such as subcontractors engaged by the Collector

to assist the Collector in providing the Services to you;

B. the Collector’s Related Companies so that they can provide information

to you about goods and services they offer; and

C. governmental bodies such as the police, fire brigades and other

providers of emergency services.

iii. The Collector is part of the JCI Group which operates in a large number of countries. You agree and acknowledge that disclosure and use of personal information, including to other service providers, the Collector’s Related Companies and governmental bodies may be made both inside and outside of New Zealand.

In general, you have a right of access to most personal information the Collector holds about you, and a Fee may apply for access. If the Collector denies access in some circumstances, the Collector will tell you why.

INFORMATION COLLECTION STATEMENT

ADT Security Limited (Company Number: 16540) trading as ADT Security (“ADT Security”) respects your privacy and is committed to protecting your personal information. The Privacy Act 1993 requires us to tell you when we collect personal information and how we will use it. Personal information is

information about you, such as your name and address. We generally collect and use the personal information we need to complete business transactions with you as well as providing you with ongoing Customer support. Therefore we have recorded your details so we can contact you in future. We may use your information to send you our publications. If you would prefer that we did not use your details this way, please contact our Privacy Compliance Officer whose details appear below. ADT Security shares personal information with its related companies in the JCI Group both in and outside New Zealand. The sorts of organisations outside the JCI Group to which we typically disclose personal information include the following:

a) service providers (e.g., businesses to which we contract alarm equipment service, maintenance work and mobile patrols, mailing houses, printers, auditors, debt collection agencies, credit rating agencies, process servers, lawyers, etc);

b) government authorities; and

c) your insurance company.

In addition to the above, when you apply for and use Morepork Products and Services, we collect personal information about you. You acknowledge and agree that we may collect usage habits and data and information about when and where you or anyone else uses Morepork Products and Services.

You acknowledge and agree that provision of the Services, including video monitoring services, and still photo imaging and the storage of related data may take place in third party data centres located overseas and may involve the transfer, disclosure and use of personal information outside of New Zealand.

You can access most personal information that ADT Security holds about you. Sometimes that will not be possible but if that is the case you will be told why. A fee may apply. If at any time your details change please contact ADT Security’s Customer Service Representatives on 0800 787 238 or if you would like to access your personal information please ask for our Privacy Officer.

Privacy Officer
Location: ADT Security
8 Henderson Place,
Onehunga, Auckland 1061
Email: ANZ_privacyofficer@tycoint.com
Telephone: 09 6350600