These terms are for customers who joined before 17 July 2019. For customers transferred to ADT Security, any reference to ‘Spark’, ‘Spark New Zealand Trading Limited’, ‘Digilife New Zealand Limited’ or ‘Alarm Watch‘ is replaced with ‘ADT Security Limited‘
1. Welcome to our Website
• “you” means you, the person visiting and using our website, and
• “our”, “we”, “us” or “Morepork” means Digilife New Zealand Limited, a subsidiary of Spark New Zealand Trading Limited, or any of our related companies.
2. Conflict with other terms and conditions
3. Online Orders and Site Content
You must be 18 years or older to place orders for products or services on this site. 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 site, 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 in this site 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 site. Changes or updates to the content of this site may occur without notice.
4. Intellectual Property
Morepork owns all copyright and all other intellectual property rights in this site. Everything on this site is copyrighted unless otherwise noted. Morepork welcomes the use of this site 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 site without Morepork ‘s express permission.
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 sites. Nonetheless, we seek to protect the integrity of our site 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 site. If you would like to link to the site 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.
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.
Web Beacons: We and third-party advertisers may use web beacons in connection with our Site. Some of our site 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 Site. Web beacons may be used to place advertisements, to understand Site traffic patterns and the number of visitors to our Site, 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.
This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.
Morepork – Terms and Conditions
1. Welcome to Morepork
Thank you for becoming a Morepork customer. Now that you are one of our Morepork customers, these are the main terms of the agreement you have with us. To make it easier for you to understand, we refer to these terms as the “Terms”.
In signing up to Morepork you may take up one or more of the following Morepork Services with us, namely;
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 a centralised station and using Morepork third party supplier who can notify you of any issues at home, 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 safe and secure security services, we also use Morepork Suppliers for 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 Digilife New Zealand Limited, and “you” and “your” for you – our valued customer. By signing up to an Account, you agree to the 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.
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, which include Alarm.com, Alarm Watch and First Security, 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, 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:
- live in New Zealand;
- be 18 years of age or older;
- have Spark Mobile Network Coverage at the location where your control panel is located (visit spark.co.nz/4g/ to determine if Services are available in your area) 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 monitoring and response services) agree to a Professional Response Service with Alarm Watch; and
Where you choose a Professional Response Service, you will need to set up, and agree to, a Professional Response Service with Alarm Watch (or other monitoring and response service providers, as the case may be). The Professional Response Team at Alarm Watch – cannot monitor your property, or provide response services to you, until you have completed the form to set up, and agreed to, a Professional Response Service. If you choose this option, you will be directed to their website at the time you set up your Account. 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 Alarm Watch in the event of an Alarm Activation or Fire Alert
- the estimated response time a First Security (or other response service provider) guard will take before they attend your premises;
- the steps a First Security (or other response service provider) 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 (i.e. First Security) 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 First Security 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.
It 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
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 Watch: which provides professional security monitoring services to you in accordance with a Professional Response Service agreed by you and them.
- First Security: which provides professional guard despatch and security response services in accordance with a Professional Response Service agreed by you and Alarm Watch.
The Charges for the Products and Services are set out on the Morepork Websites and are also available by contacting our Support Team on chat 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 Morepork 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 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 24-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 24 months from the date you purchased it from us, you can return it to us for a replacement in accordance with our Returns Policy.
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.
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.
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, you will own them and they will be at your risk.
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 The Products will continue to be used with an eligible Morepork Plan, at least until you have repaid all of the purchase price of the Products and the end of the Minimum Term.
- 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.
6. Your responsibilities to us
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. See here. (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.
- 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 in order to perform any tasks that, in our opinion, are reasonably necessary to protect you or our other customers, update your Morepork, 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.
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.
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;
- 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.
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. The website consumeraffairs.govt.nz is a useful place to visit to help you understand your rights under this legislation.
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 will not be liable for any loss to the extent that it is caused by us (for example, through our breach of the Terms or where our staff have acted negligently).
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 to the extent that such a breach is not caused by our or our Morepork Suppliers’ negligence.
We will be liable to you in the following circumstances:
- where we breach the Terms or any other agreement we have with you.
- where we are liable under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
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.
- for any indirect or consequential loss, or for any loss of profits, use, revenue, goodwill, business or anticipated business or anticipated profits or savings, or loss of data, even if we or our Morepork Suppliers have been advised of the possibility of such losses (whether in contract, tort including negligence, equity or otherwise).
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 Spark 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 Spark-related or Alarm.com-related companies can enforce as a defence to any claim.
10. Limitation of liability
If we or any of the other parties listed in clause 9 above (us and our Morepork suppliers including, without limitation, Alarm.com) are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clause 9 (together) will have to pay you and anyone else who uses the Services or Products will be:
- $500 for any event or for any series of related events; and
- a total of $1,200 in respect of all events in any 12 month period,
provided that you notify us of your claim within 12 months after you reasonably became aware of the occurrence of the relevant event or series or events that gave rise to your claim. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
11. Information about you
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 on chat 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) 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.
Each term of this agreement is separately binding. If for any reason any term is not legally effective, all other terms shall remain binding.
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.
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.
“Account” means the record of customer information and configuration associated to you, which we use to provide our services.
“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.
“Alarm Watch” means the third party that Morepork engages to provide the professional monitoring component of the Professional Response Service.
“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.
“First Security” means the third party that Morepork engages to provide the guard dispatch component of the Professional Response Service.
“Instalment Payment/s” means the series of monetary payments that are derived from the Start-Up Fee and payable over 24 months.
“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 central hub to the Morepork Self-Monitoring and Professional Response Service
“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 theServices, 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.
“Spark” means the Morepork parent company Spark New Zealand Limited.
“Spark Mobile Network Coverage” means the presence of the Spark 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 DigiLife New Zealand 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.
Our Privacy Mission
In this Policy “we” and “our” means Digilife New Zealand Limited, a subsidiary of Spark New Zealand Trading Limited who provide Morepork products and services and “you” means you – our customer who has signed up to a Morepork account (“Account”) to use Morepork products and services.
About the different types of information created and collected when you use Morepork, and the management and use of that information.
Manage and use your personal information responsibly and for the purposes we have informed you of, and in compliance with New Zealand laws.
Your use of Morepork generates information, including at times personal information about you and other people who live in or visit your property. You and others may consider some of this information to be sensitive and confidential. Therefore it’s important that you:
• Consider how your use of Morepork may impact other people who live in or visit your property. We set out some factors to consider as you set up and use Morepork in our Morepork Etiquette Guide and Safety Tips. If you want to understand your legal rights and obligations with respect to other people and your use of Morepork, we recommend you seek independent legal advice.
We collect and store certain information from or about you that can be used to uniquely contact, identify, or locate you (“Personal Information”). When using the User Interfaces, you may provide us with Personal Information including, but not limited to, your name, home or business address, phone number, email address, payment information, location, or post code.
When you use our Services, you may provide us with certain additional information (e.g., sensor names, appliances or other devices monitored by Morepork, account information, schedule, mode, automation settings, and device settings) which helps us to deliver and personalise your Services. Morepork also receives Personal Information that you have provided to our partners and third party service providers, including emergency contact information and user profile information, to enable Morepork to provide our Services.
We collect information regarding your use of the Morepork User Interfaces and Services, including but not limited to: performance of any security or other device monitored by Morepork, light or other fixture settings, and usage and alert logs. We receive this type of information from your devices that are monitored or controlled by Morepork and your computer or other electronic device through which you access, browse, download, receive, or otherwise use the Morepork User Interfaces or Services (each a “Personal Device.)
The Information Collection Summary table below sets out the type of personal information which may be collected, depending on the nature of your Morepork Products and Services subscription, who holds and can access this information and how you can access and alter it. This information may be stored and processed in New Zealand or any other country in which we or our related service providers or agents maintain facilities.
Information Collection Summary
|Information Type||Holding Agency||Accessible By:||Customers Can Access/Alter this information at:|
|Morepork Customer Account Information E.g: First and Last Name, Delivery Address||Morepork||Us for the purpose of providing services to you.||Morepork Website – Account Page or via Morepork Customer Support|
|Morepork Customer Care Contact Information E.g: Chat Log, Support Emails||Morepork||Us for the purpose of providing services to you.||Morepork Customer Support|
|Alarm Watch Customer Record E.g: First and Last Name, Address, Response Plan||Alarm Watch in NZ||Alarm Watch only for the purpose of providing Professional Monitoring and Response Services||Alarm Watch|
|Network Information E.g: Video Camera’s WiFi Connection Details||Alarm.com in USA||Us for the purpose of customer support||Morepork Web Portal|
|Recorded Video and Images, and 2-way audio|
E.g: User-activated or event-triggered image and video and audio recorded on your Morepork
|Alarm.com in USA||You, and Alarm Watch (with your permission, only for the purposes of providing you Professional Monitoring and Response services)||Morepork Web Portal, until such time as customer deletes it. Note, once deleted there may be a copy in Alarm.com server backups for short period of time, until it is overridden with new data as part of the regular backup process.|
|Live Video and Images|
E.g: User-activated streaming of live/real-time images and video from your Morepork to your device
|Not applicable unless recorded by you, or other users you have authorised to access your Morepork or device. (See above Recorded Video and Images)||You, and other users you have authorised to access you Morepork or device||Morepork Web Portal|
|Audit Log Information|
E.g: Login Attempts, Alarm Activations, Sensor Events
|Alarm.com in USA||Us for the purpose of customer support||Morepork Web Portal|
|System Configuration Information E.g: Alarm Notifications, App Push Notifications, Users, Device Settings, Sensor|
Names, Automation Settings
|Alarm.com in USA||Us for the purpose of customer support||Morepork Web Portal|
|Event Information for Professional Response Dispatch Centre|
E.g: Alarm Event Data, Access to Images (If Authorised) and Video (If Authorised)
|Alarm.com in USA||Us for the purpose of customer support.|
Alarm Watch (with your permission for the purposes of providing you Professional Response services)
|Morepork Web Portal|
|Customer Service Instructions, and Guard Observation Notes E.g: Address, Observation Detail||First Security in NZ||Alarm Watch and First Security for the purposes of providing Guard Dispatch Services||First Security in NZ|
|Professional Response Monitoring Services Customer Records||Alarm Watch in NZ||Us for the purpose of customer support.||Alarm Watch (accessible by requesting this from Us).|
|Aggregated, non-personally identifiable information||Alarm.com in USA||Alarm.com, Morepork and third party partners||N/A|
For example, aggregated, non-personally identifiable information may show that X% of customers had trigger events in January but only Y% in February.
Subscriber, Billing and Device information
We collect the following information about you, when you do these things:
1) Order a product or service from us
• First and Last Name
• Email Address
• Phone Number
• Security Questions/Answers
• Credit/Debit Card Details
• Delivery Address
• Installation Address
• Email Marketing Preferences
• System Configuration Preferences
2) Pay for our products and services
• Transaction Information
3) Make changes to your Morepork Account information
• The updated account information
4) Download or use our apps
• Usage Information (Audit Log Information)
• Settings Information
• Login Timestamp Information
• Information about your device (we do not collect location information)
5) Request information from us
• Name, Email Address, support topic and message detail if contact is via online support form
• Name and Email Address if contact is via chat
6) Participate in a survey, competition or promotion.
• Registration Information
7) Communicate with you
• Confirmation that you have opened the message
• Confirmation that you have used functionality in the message
We may use Subscriber, Device and Billing information to:
• Provide you with products and services, and share it with our related companies, third party service providers and suppliers, and agents approved by us in relation to Morepork for the same purpose
• Bill and receive payment for our products and services, including recovering and reporting on money you owe us, help prevent and investigate fraud, refer you to a debt collection agency, or enforce our rights against you
• Communicate with you about your use of our products and services, process your transactions and respond to your requests
• Personalise your experience and respond to your individual needs and share it with our related companies, suppliers and third party service providers to enable them to do the same.
• Send you information about our products and services
• Protect our rights, interests or property or those of our related companies customers or others, for example to enforce our Customer Terms
We may also occasionally monitor and record live chats and telephone calls between customers and our personnel for training and quality purposes.
Some of our Services operate using location-based information. For example, you can configure your Morepork to send you notifications when you (via your mobile device) enter or exit from a certain geographical area i.e. if you leave town for the weekend, you can configure your Morepork to send you a reminder if your Morepork alarm is not set, or if there is motion detected when you are not home. These types of services are “GeoServices”. Before GeoServices information can be used or collected, you must first opt-in to activate these services. If you enable these types of services, we will automatically collect and store location information from the device you designate which is capable of producing location data (e.g. your smartphone). ). This location information includes your current location or places you have recently visited. We also aggregate this information, but this information will only be used for us and Alarm.com to enable these GeoServices and to provide information requested by you. If you do not wish for us to collect and store this information, do not enable these features.
User activity, event information, video and images
Morepork Video operates by receiving signals, and video from the various video devices that make up your Morepork Video system, as well as using information collected from the Morepork Web Portal and Morepork Applications. This information combined with your specific settings will be used to provide you with notifications and cloud video recordings.
Morepork Security and Home Automation on a Morepork Self-Monitoring/Professional Response Service:
Morepork operates by receiving signals, images and video from the various devices that make up your Morepork security system, as well as using information collected from the Morepork Web Portal and Morepork Applications. The type of information collected from each device will vary depending on the device type. This information combined with your specific settings will be used to provide you with security services, notifications and professional monitoring and response services.
When you subscribe to Morepork’s video monitoring or video monitoring add-on Services such as:
• Visual Verification services, use a connected video doorbell, video camera, image sensor, or
subscribe to two-way voice:
You enable us, our service providers, or Alarm Watch to:
• record, store, view and process video and/or audio recordings from your monitoring equipment.
This includes capturing and sending to you portions of this data as part of a notification or analysing the data to identify motion or other events.
We use and process information from your monitoring equipment to send you alerts. In addition, if you have the recording features enabled, we will capture, process and store video and audio data recordings from your device and to enable you to access those recordings.
Video feeds and images can be accessed or viewed via your Morepork in the following ways:
1. Recorded video clip or image triggered either by an alarm event, or user activated, and
2. Viewing of a live or recorded video or image (user activated).
Aggregated, non-personally identifiable information
Aggregated, non-personally identifiable information is information that has been converted to a form that cannot be used to identify you, and combined with data from other customers that has been de-identified in the same way. For example, aggregated, non-personally identifiable information may show that X% of customers had trigger events in January but only Y% in February.
• use this type of information to improve our products and services, customer support and website;
• share insights derived from this information publicly – for example, to understand how often and in what ways people use our Services and show trends about the general use of our Site, products, services and apps.
• share this type of information with our third-party partners – if you choose to allow your data to be shared with a specific third party partner in an anonomised and aggregated format . For example: You may choose to participate in a partner offer which provides you with a discounted service, but requires you to opt in to provide such data in order to be eligible for the offer.
Website use information
Other ways information may be used
From time to time, third parties may submit requests to access information that has been generated from your use of Morepork, including the various types of information described above. We will consider such requests, and when appropriate the request will be referred to the holding agency. For example:
• Law enforcement and government agencies may request information held on your Account that is about you or others;
• Third parties who we engage to provide Morepork to you may request information for the purposes of providing those services to you, and
• Individuals who believe that the information held in respect of your Account includes personal information about them (e.g. video footage of them) may request access to their own information.
We may also disclose information about you or your use of our products and services if we have a good faith belief that such action is allowed by law, for example in accordance with the Privacy Act 1993 to avoid prejudice to the maintenance of the law or to prevent or lessen a serious threat to public health or safety, or to the life or health of an individual.
We may also share your information with anyone we transfer, sell or assign, all or any part of our business to, in respect of which you are a customer or potential customer.
In addition, we may disclose your information when the information has been converted to a form that cannot be used to identify you.
How is information protected?
Morepork implements a variety of security measures to protect the loss, misuse, and alteration of your personal information when you enter, submit, or access your personal information.
• We protect your information through a unique username and password/pin (the password/pin is selected by you)
• We protect certain sensitive communications with our website through server authentication and secure connections.
• We use secure servers to operate our services.
• All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorised with special access rights to such systems, and are required to keep the information confidential.
• We provide challenge question / answer facilities to give an extra level of protection when dealing with Morepork via chat, web form or email and Professional Response services.
While we endeavour to protect the privacy of your account and personal information we hold, we cannot guarantee complete security at all times. There are a number of measures you need to take to keep your information secure. For example, it is important that you:
• Select strong password(s) and unique pin number(s), and ensure you change these regularly,
• Protect your password and/or other sign-on mechanism appropriately,
• Limit access from your computer or device and browser application by signing out of the Morepork Web Portal and/or Website after you have finished accessing your account (We recommend that you choose not to use the Morepork Apps Auto-Login function for extra security if you are concerned, this can be altered in the Morepork Web Portal), and
• Actively manage on a regular basis who you have granted system access to and what privileges you assigned them to ensure that these are still valid and appropriate for you.
How do I view, update and delete my personal information?
You can view, manage update and delete some your information yourself as set out in the Information Summary Table. Otherwise, you can ask us to see what personal information we hold about you and request for any details that are wrong to be corrected. We may charge you for the reasonable costs of retrieving and providing this information.
Please note we currently do not sync your personal details between the Morepork Website, Morepork Web Portal and our Security Service for Professional Response. When you need to change your details, please update them in each of these places.
How to contact us
We are Digilife New Zealand Limited, a subsidiary of Spark New Zealand Trading Limited. We provide Morepork to you.
Alarm.com is Alarm.com Incorporated, the third party supplier in USA who we engage to provide Morepork customers with the cloud, web portal and mobile app components of the Morepork service and who supplies us the video cameras used in connection with the Services.Alarm.com may be contacted at the following: firstname.lastname@example.org or Alarm.com Incorporated – Privacy, 8150 Leesburg Pike, Suite #1400, Vienna, VA 22182, USA +1 (877) 389-4033
Alarmwatch is Alarmwatch Limited, the third party supplier in New Zealand who we engage to provide Morepork customers with the professional monitoring component of their Professional Response Service.
First Security is First Security Guard Services Limited, the third party supplier in New Zealand who we engage to provide Morepork customers with the guard dispatch services of the Professional Response Service.