Watersmart
RainStick Shower Pilot
Terms & Conditions
RainStick Shower Pilot Terms and Conditions
The pilot programme carried out by Watersmart NZ Limited (we, us) in relation to the RainStick Shower will be carried out on the Terms and Conditions (Terms) set out below. These Terms form a contract between us and each entrant.
Entries
- We will choose eligible entrants to receive the RainStick Shower and participate in this pilot programme (recipient, you) at our discretion. Our decision is final and no correspondence will be entered into. Eligible entrants are those individuals or organisations which own a new build home or home to be renovated on or around the installation date set out in these Terms below which is occupied by two or more people, suitable for the installation of the RainStick Shower and other required components set out in these Terms, and is connected to Wi-Fi.
- We will notify the recipient on Friday 8 November 2024 that they are the recipients of the Rainstick Shower and participant of the pilot programme by using the contact details provided at the time of entry. We will take reasonable steps to contact the recipient but if we cannot contact the recipient within one week after the recipient has been chosen or if the recipient otherwise does not agree to comply with these Terms, then our contract with the recipient is at an end and we may select a new recipient.
- If an entrant does not agree to comply with these Terms, our contract with that entrant is at an end.
RainStick Shower
- For the purposes of these Terms, RainStick Shower means a Wi-Fi enabled smart shower system that saves 80% water and 80% energy while increasing the flow, which comprises of Inwall mixer and filtration unit, Surface mounted filtration unit, fixed overhead shower head, hand held shower head, floor basin and drain, power supply and pipes, fittings and wiring.
- In consideration of your obligations set out below, we will provide you with a RainStick Shower at our cost.
- We will further arrange for the RainStick Shower to be installed at our cost by our specified installer at the address noted in your entry. Installation will occur between November 2024 to February 2025, at a time agreed with you. You acknowledge and accept that the placement of a standalone meter level and water recorder are required and agree to the installation of the same.
- You agree that our specified installer may liaise with your architect, builder and plumber as to design requirements if this is not known or has not been submitted at the time of your entry.
- The Rainstick Shower is not transferable or redeemable for cash and all components of the Rainstick Shower must be taken together.
- We are not liable for any damage caused to the property during installation of the RainStick Shower.
- You agree to take reasonable care to use the RainStick Shower during the term of the pilot programme, being the 12-month period after the date on which all of the following has occurred:
- You use the RainStick Shower for the first time; and
- The location at which the RainStick Shower is installed has been occupied by two or more people; and
- Code Compliance Certificate has issued in relation to installation of the RainStick Shower at the agreed location
Pilot Programme Term
- To ensure that sufficient data in relation to the RainStick Shower is provided to us and any third parties disclosed in these Terms, you will use your best endeavours to ensure that the RainStick Shower installed at your address is used at least two times per day during the Pilot Programme Term, but in any event no less than once per day.
- You will be responsible for all damage you cause to the RainStick Shower while the RainStick Shower is in your possession and control. You agree to immediately notify us in the event of damage to the RainStick Shower which prevents you from complying with your obligations under these Terms.
- We are not liable for any improper use of the RainStick Shower or issues related to the use of the RainStick Shower. We are not responsible for any damages, whether direct or indirect, arising from the use or inability to use the RainStick Shower.
- If the RainStick Shower is defective upon installation, you agree to immediately advise us and comply with any instructions we provide in relation to the removal of the RainStick Shower. Our contract with you will be at an end at such time that you comply with any and all instructions we provide in connection with the defective RainStick Shower.
- You are responsible for arranging and paying for all costs associated with the Rainstick Shower that are not explicitly stated in these Terms as being our cost.
Data Reporting
- You agree to provide us with data on the number of times the RainStick Shower was used, the duration that the RainStick Shower was used each time, volume of water input and volume of water discarded, water saved, energy saved (Data).
- You agree to provide the Data via the RainStick Shower App, an app developed and controlled by a third party, and any other medium reasonably requested by us. To this end, you agree to download and keep installed the RainStick Shower App during the Pilot Programme Term.
- All Data provided through the RainStick Shower App is provided at your risk. We are not liable for any unauthorised access by third parties.
- You further agree to take all reasonable steps to ensure an uninterrupted Wi-Fi connection at the location at which the RainStick Shower has been installed.
RainStick Shower Cleaning Product
- You agree to take reasonable care to keep the RainStick Shower in a clean condition during the Pilot Programme Term.
- You acknowledge that the only product that may be used to clean the RainStick Shower is the RainStick Original Cleaning Product. We are not liable if you damage the RainStick Shower by failing to use the said product and/or fail to clean the RainStick Shower in accordance with any instructions we provide.
- We agree to provide you, at our cost, with a reasonable quantity of RainStick Original Cleaning Product to clean the RainStick Shower during the Pilot Programme Term. We will provide you with a 3 months’ supply of RainStick Original Cleaning Product at the time of installation of the RainStick Shower. We will deliver any further RainStick Original Cleaning Product reasonably requested by you during the Pilot Programme Term to the address at which the RainStick Shower was installed within a reasonable time of receipt of your request.
- After expiry of the Pilot Programme Term, and accordingly these Terms, you are responsible for obtaining all further RainStick Original Cleaning Product required at your cost.
Intellectual Property
- We and/or RainStick own all intellectual property in the RainStick Shower, unless advised otherwise to you.
- If you provide us with any ideas, comments or suggestions regarding the RainStick Shower, all intellectual property rights in that feedback, and anything created due to that feedback, are owned solely by us and/or RainStick. We may use or disclose the feedback for any purpose without further reference to you.
No Liability
- We make no representation or warranty of any kind, whether express or implied, in relation to the RainStick Shower to the extent permitted by New Zealand law.
- If we are found to be liable under these Terms, at all times our maximum aggregate liability whatsoever under or relating to these Terms is capped at the value of the RainStick Shower.
- Neither party is liable to the other under or in connection with these Terms for any loss of profit, revenue, savings, business, data, goodwill or indirect, incidental, or special damage or loss of any kind.
- To the extent permitted by law, the Consumer Guarantees Act 1993 does not apply to these Terms.
Publicity Materials
- By entering into this pilot programme, you agree to appear in and/or provide testimonials for any publicity materials in relation to the pilot programme upon our request without compensation, including but not limited to brochures, social media posts, website blogs, and newsletter articles.
- You further agree that we may use your name and photograph for promotional purposes in relation to the pilot programme without compensation.
Marketing Materials
- All entrants agree to receive future marketing materials regarding RainStick Shower at the contact details noted in the entry. You can opt out of this by contacting us at hello@watersmart.co.nz.
Confidentiality
- You agree to keep confidential at all times all information of a confidential nature provided to you by us in connection with this pilot programme. This clause survives termination of these Terms.
Force Majeure Event
- If any party is prevented from the performance of any act required under these Terms by reason of any act of God, fire, storm, tempest, operation of law or other cause beyond the control of that party, each party shall be released from its obligations under this Agreement (Force Majeure Event), the affected party shall promptly notify the other party in writing, giving details of the Force Majeure Event, the acts affected by the Force Majeure Event and the extent to which they are affected.
- If the Force Majeure Event is likely to last for any period in excess of 30 days, either may party may terminate this contract by written notice to the other.
Termination
- These Terms commence on the date of your entry to participate in this pilot programme and ends on:
- For entrants who have not been chosen to be the recipient of the RainStick Shower: [Friday 8 November].
- For entrants we have chosen as the recipients of the RainStick Shower, the date that is 12 months from the date that all of the below has occurred:
- You use the RainStick Shower for the first time; and
- The location at which the RainStick Shower is installed has been occupied by two or more people; and
- Code Compliance Certificate has issued in relation to installation of the RainStick Shower at the agreed location.
- In addition, we may terminate our contract with you at any time on written notice to you if you are in breach of your obligations under these Terms. This can include, for example, your failure to provide Data in accordance with these Terms.
- Upon expiry of the Pilot Programme Term and provided you are not in breach of these Terms, ownership in the RainStick Shower passes to you. For the avoidance of doubt, if you decide at any time after the Pilot Programme Term, and accordingly expiry of these Terms, that you wish to remove the RainStick Shower, you are responsible for its removal and all associated cost.
- If you are in breach of these Terms or a Force Majeure Event occurs, we may at our discretion require you to remove and return the RainStick Shower to us at your cost.
Privacy Policy
- You acknowledge and accept that we may collect, hold, and use personal information about each entrant (including your name, contact details, and any other personal information you provide in connection with your entry or during the term of these Terms) for the purpose of carrying out the pilot programme, verifying the validity of entries, contacting recipients and verifying the identity of recipients. All personal information will be held in accordance with these Terms and in accordance with the terms of our Privacy Policy.
- Our Privacy Policy is displayed separately on our website. We encourage each entrant to read our Privacy Policy.
- In particular, in relation to this pilot programme, you acknowledge and agree that we may disclose your personal information and the Data to RainStick or RainStick may receive the Data directly from you through the RainStick Shower App. RainStick may have their own privacy policy in relation to how they collect, hold and use information and we encourage you to read this.
- You further acknowledge and agree that we and RainStick may use Data collected from each of you in public announcements or marketing materials in relation to the RainStick Shower.
Variations to Terms
- We may change these Terms at any time by uploading revised Terms on our website. Unless stated otherwise, any change takes effect immediately.
- We do not have to notify you of any changes to these Terms. You are responsible for ensuring you are familiar with the latest Terms, so you may wish to check our website from time to time.
General
- These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of New Zealand courts in relation to any dispute or proceeding arising out of these Terms or our website.
- If there is a dispute, the parties agree to communicate with each other and use reasonable endeavours to resolve the dispute through good faith negotiations before taking the matter to the courts.
- Failure by us at any time to enforce any provision of these Terms is not a waiver of such provision and does not affect the validity of these Terms.
- The invalidity of any part of these Terms will not affect the enforceability of the rest of these Terms.
- These Terms constitute the entire agreement between the parties in relation to this pilot programme and supersedes and extinguishes all prior agreements and understandings between the parties relating to this pilot programme.
- All notices between the parties in connection with these Terms must be served in writing.
- Nothing in these Terms makes you our agent, partner, joint venture, subcontractor, agent or employee.
- You may not assign your rights and obligations under these Terms to a third party.
