Terms and Conditions
These terms and conditions (this “Agreement”) govern the relationship between Spark New Zealand Trading Limited (“Spark”, “we”, “our” or “us”) and you (“Member”, “you” or “your”), concerning any surveys, discussions, polls, user testing, interviews and workshops that are made available to you by us or on our behalf (each a “Survey”), via our Website.
Such Surveys shall be conducted by Spark’s service provider, One Picture, through Website.
Confidential Information means all information, whether or not it is marked as confidential, that is disclosed or made available to a Member, directly or indirectly, through any means of communication or observation and includes (a) information about Spark and its products that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with the Project; and (b) Responses provided in connection with the Project;
Join Now Survey means the application email and record of personal details submitted by a person applying to be a Member;
Member means a person who has been accepted for membership of the Project;
Membership means a Member's membership of the Project;
New Zealand Consumer Law means all laws and regulations made under the Fair Trading Act 1986 and Consumer Guarantees Act 1993;
One Picture means One Picture Group Ltd (Company Registration Number: 1157373), a market research company engaged by Spark to conduct the Surveys;
Project means the project name established by One Picture to survey the opinions of customers and/or Members for market research purposes;
Responses means all content provided by a Member for the purposes of the Project, and includes any statement, document, email, form or notes created in connection with the Project; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with the Project;
Spark means Spark New Zealand Trading Limited (96461);
Spark Related Parties means the Spark group of companies, promotional partners, servants, employees, contractors and agents of Spark;
Survey has the meaning provided in the Introduction to these Terms and Conditions; and
Website means the Project website located at www.sparkneighbourhood.co.nz
2. Responding to Surveys
Spark, via One Picture shall make Surveys available to Members via the Website. Members will be invited to complete the Survey and may, at the discretion of Spark, receive an incentive in exchange for completing the Survey fully and in accordance with the requirements of the Survey and this Agreement (an “Incentive”). Incentives may include entry to a prize draw, a direct financial incentive or some other incentive which Spark deems appropriate. Any financial Incentives shall be paid by us to you via such method as we permit within a reasonable period of time after the completion of the relevant Survey (or, if different, at the time we specify for the relevant Incentive); you agree to provide to us upon request with details that will allow us to make any relevant payment or such other method as we permit.
Spark reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, a Survey or the Website or any part thereof, or your access to any of them, including where an Incentive has been offered.
Where the you breach any provision of this Agreement, Spark may declare any accumulated or offered Incentives due to you as null and void and prevent you from receiving them.
You acknowledge and agree that Spark is not obliged to maintain the availability of the Website or Surveys. Spark will use reasonable endeavours to process your completed Surveys but may be prevented from doing so by matters beyond its control that may result in the loss or deletion of, or failure to receive, process, or store any Member Responses (including Survey or poll results or responses).
To become and to remain a Member, you must:
be aged 14 years or over and, if you are under 18 years of age, you must have parent or legal guardian consent;
live and be a resident in New Zealand;
apply to become a Member by completing and submitting to Spark the Join Now Survey;
have an active, permanent and operational email address to communicate with One Picture for the purposes of the Project;
be accepted as a Member by Spark;
regularly participate in any surveys or discussions in which you are invited to take part, not including the Join Now Survey; and
comply with this Agreement.
We may not be able to accept all Membership applications. We reserve the right to reject an application or Membership at any time and without giving reasons.
Membership is personal to you and cannot be transferred to another person. You may not share logins and passwords with others as we want to hear about your views only. If we become aware of any sharing of login information we may terminate your Membership.
You may cancel your Membership at any time by sending an email to email@example.com and inserting the words "Request Removal" in the subject line.
By becoming a Member, you consent to receiving emails from Spark, Spark’s Related Parties and Spark’s survey provider, One Picture, in connection with the Project, including emails inviting you to participate in research.
Spark or its survey provider may provide you with Confidential Information. You agree not to disclose or use any of the Confidential Information in any way other than as necessary to participate in the Project. You may only disclose Responses for the purposes of the Project.
Spark may, at its discretion, provide you with Spark’s products as part of your participation in the Project. You agree that your participation in the Project is voluntary.
You must provide current, complete, accurate information in the registration section of the Site and keep this information updated as needed.
You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity which may cause loss, damage or diminish the reputation of you, Spark or its products.
Spark may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of the Project; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of this Agreement).
You may terminate your Membership at any time by: (a) unsubscribing using the ‘unsubscribe’ function found on any email sent by Spark Neighbourhood; or (b) email firstname.lastname@example.org. Once you terminate your membership, Spark Neighbourhood will:
immediately stop sending you emails inviting you to participate in any Project; and
terminate your access to the Spark Neighbourhood website three months after the date of your termination. During this three month period you will be able to redeem your eligible Spark Neighbourhood reward points on the Rewards page of Spark Neighbourhood. After this, you will no longer be able to access the Spark Neighbourhood website or redeem your outstanding reward points.
5. Project Promotions
You may choose to enter any Project-related promotional game of skill or chance offered to you as a Member. If you enter into such promotions you will be subject to promotional terms and conditions. Promotional terms and conditions that apply to you will form part of this Agreement. If you breach any promotional terms or conditions, you will be deemed to have breached this Agreement.
We are not obliged to provide you with Surveys to participate in or contribute to, and we have the absolute right to exclude you from participating in any Survey.
Except for the statutory guarantees set out in the New Zealand Consumer Law, Spark excludes all warranties and disclaims all representations in relation to any goods or services provided to you by Spark in connection with the Project. The information provided in connection with the Project including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available".
7. Confidential Information
Any Confidential Information provided to you, whether directly or to which access is gained, during or as a result of the Surveys shall be kept confidential by you. You shall not engage in the dissemination or publication of any such Confidential Information. You shall not use the Confidential Information to your advantage or to the advantage of third parties.
8. Personal Information
When we are interpreting your Responses, we may combine them with information from your Spark account to ultimately help us make informed improvements to Spark’s products and services. This account information includes:
products and services you hold with us, including data usage information and how long you’ve been a Spark customer; and
personal information, limited to date of birth, Spark account number, and your region of New Zealand.
You can gain access to, update or correct any of your personal information relating to your membership of Spark Neighbourhood by using the Spark Neighbourhood portal or by contacting us at email@example.com
Spark will not publicly disclose the identity of Members, other than to its service provider, One Picture.
Spark may use your Responses for purposes connected with conducting the Project and for any reasonable research and commercial purposes.
9. Intellectual Property
By participating in the Project, you acknowledge that all Responses are freely given and provided at your sole discretion. You assign to Spark absolutely all rights, title and interest in your Reponses upon creation and you consent to Spark, the Spark Related Parties and each of its successors and assigns, and anyone authorised by any of them, modifying, changing, copying, publishing, adding to, taking from, adapting and/or translating, in any manner or context, or to otherwise dispose of the Responses notwithstanding that such conduct may otherwise infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible in a jurisdiction, you waive all moral rights.
You will provide Spark and the Spark’s Related Parties with any consent or other permission that Spark requires to use your Response as set out in this Agreement. For the avoidance of doubt, Spark is not required to pay any fee to use any Responses, no matter how that Response is used.
You agree that any "Project" and "Spark" logos are trademarks of or licenced to Spark or the Spark’s Related Parties. All rights in those trademarks are reserved by Spark and the Spark Related Parties. Any other trademark appearing on the Website is the property of its respective owner.
Spark’s General Terms | Spark NZ also apply to your Membership. In the event of any conflict between this Agreement and the Spark Terms, this Agreement will prevail to the extent of that conflict.
Spark may use an agent or contractor (including, but not limited to, One Picture) to carry out all or part of the Project in its absolute discretion.
This Agreement is governed by the laws of New Zealand.
You are not, by virtue of your participation in any Project, an employee or contractor of Spark or the Spark’s Related Parties. The relationship between you and Spark is that you are a voluntary participant in any Project and that you will comply with this Agreement.
Last updated: 6th of October 2022