| |
3.2
| In addition, You acknowledge and agree to:
|
a.
| pay for all the Services that we provide to you and charge to your account by the due date shown on your bill. You agree to do this even if somebody else uses those Services as such Services will be treated as having been used by you;
|
b.
| follow our reasonable instructions about using the Services and only use the Services for the purpose for which they are provided;
|
c.
| not use the Services in any way that is abusive, unlawful or fraudulent or in a way that infringes on the privacy rights of any other person or with another customer’s enjoyment of our Services, or in a way that could interfere with our network or any other operator’s network;
|
d.
| make sure that anyone else who uses the Services that we provide to you also abides by the terms of this agreement. You are responsible for any Users use or misuse of the Services; not to resell the whole or any part of the Services.
|
e.
| Vodafone may make any changes that are necessary to protect the security of your account or our network.
|
4.
| Your Account
|
4.1
| If we allocate you a password or a security code to use in connection with the Services or to access your account information, then you will be solely responsible for maintaining security around that password or security code. You may nominate a representative (who must be over 18 years) to have access to your account information and to make changes to your account, such as cancelling or adding Services. If you do this, you will still be responsible for paying for all the Services that we provide to you. You agree to:
|
a.
| keep any password, PIN number or security code that relates to the Services confidential, and to change any of the same if we request that you do so;
|
b.
| notify us immediately if you believe that someone else has discovered your password, PIN number or security code, or has made fraudulent use of the Services;
|
c.
| remove your email from our mail server promptly, and keep space used by your files to a reasonable level. If you do not regularly remove your emails, or it builds up to an unreasonable level, we may remove it ourselves
|
d.
| We will be entitled to allow anyone using your PIN to request information or act on your behalf but there may be circumstances where we need to verify instructions before we act on them.
|
5.
| Fair Use Policy
|
| A Fair Use Policy applies to some of our Services to ensure that all eligible Vodafone customers are able to access our Services. If you do not use the Services in accordance with our Fair Use Policy (unless we have stated that it does not apply), we may restrict or suspend your use of the Services. See the Vodafone Fair Use Policy. It may be updated from time to time. Please check our website regularly.
|
6.
| Power failure
|
| Some Services require power to operate. During a power failure you may not be able to use the Services. If you cannot use the Services, you will not be able to make any telephone call including calls to Emergency “111” Services. You may also need to make alternative arrangements if you have a monitored alarm or other legacy modem device.
|
7
| Broadband
|
7.1
| Broadband is not available in all areas. You acknowledge that our control of data speeds is limited to our own network. We may use traffic prioritization policies at any time including where doing so will improve the overall performance among our customers or where we tell you that a traffic prioritization policy applies to the Services you select.
|
7.2
| The integrity or quality of the data or information you send or receive via the Services may be affected or compromised due to the configuration of our network, the use of the internet or the configuration or limitations of your, or your intended recipient’s hardware or other device. Connection restrictions may apply to some of our broadband plans
|
7.3
| You acknowledge that statements about the speed of the Services are not guarantees about continuous speed. Where a download or upload speed is specific, the Services are capable of burstable speeds up to the speed stated. Where a download or upload speed is described as “Maximum” you will receive the highest speed your broadband connection can deliver. The actual speed your broadband connection can achieve may depend on a number of things including the condition of your line, the distance from the exchange, the equipment you use (including your computer), the time of day you are connecting and the Internet use by others connected to the network at the same time as you.
|
7.4
| All traffic (both download and upload) will be counted toward your Usage Pack.
|
8.
| CREDIT AND ID CHECK
|
8.1
| You authorise us to check your identity (by obtaining a Driver Check from NZTA), and your credit status with any credit reference agency and to pass on credit information about you to any credit reference agency at any time.
|
8.2
| We may decline your application and any request for additional Services or provide a restricted Service at our discretion including where we are not satisfied with information regarding your credit status. Subject to any applicable privacy laws, we do not have to disclose our credit criteria or the reasons for our decision.
|
8.3
| We may impose terms as a condition of approving your application (including but not limited to requiring a security deposit). If you are not satisfied with the information about you which we receive from any credit reference agency, you must deal directly with the credit reference agency.
|
9.
| INSTALLATION, MAINTENANCE AND EQUIPMENT
|
| Installation
|
9.1
| The following terms apply if we are providing Services which require equipment to be installed or connected in your home (whether installed or connected by us or another Service provider):
|
a.
| We will arrange a time with you to install the Services at your home. If you live in rented premises then you agree to ensure that your landlord has given consent for us to install our Services at those premises.
|
b.
| Where we attend at your home at the arranged time and are not able to gain entry we will charge you for that attendance. Once we have finished work we will ask you to confirm that the installation has been completed to your satisfaction.
|
c.
| If you are not going to be at home on the day scheduled for the install then you may nominate an agent (who must be over 18 years old) to do this on your behalf.
|
d.
| Unless otherwise agreed with you, you must pay for all costs of installation, including any additional costs resulting from non-routine installations. For a copy of our current routine installation guidelines please call Our Customer Services Centre. We will try to tell you in advance if any additional costs will be payable.
|
e.
| We reserve the right not to connect Services to your household for any reason including where we consider it uneconomic or unsafe to do so. We may exercise this right at any time even if we have accepted your application for Services.
|
| Equipment and Maintenance
|
9.2
| Title to Our Equipment remains with us or our suppliers unless otherwise agreed in writing. You will not do anything that affects or is likely to affect any ownership rights in Our Equipment.
|
9.3
| We will always do our best to make sure that Our Equipment remains in good working order. We cannot guarantee that Our Equipment will never break-down, but if you do encounter a problem then please contact Our Customer Services Centre to arrange for repair or replacement of the defective item.
|
9.4
| In return for allowing you to use Our Equipment, you agree to:
|
a.
| follow our reasonable instructions about use of Our Equipment;
|
b.
| not tamper or interfere with Our Equipment (including introducing any viruses or disabling mechanisms into Our Equipment).
|
c.
| contact Our Customer Services Centre if the equipment is lost, stolen or damaged;
|
d.
| take responsibility for repairing or replacing any item of equipment that is lost, stolen or damaged while under your control. (We recommend that you cover this risk under your insurance policy);
|
e.
| return Our Equipment when you terminate or we stop providing the Service, unless we agree otherwise. If you don’t return the equipment, we may continue to charge you rental for it. We may at any time and for any reason ask you to return some or all of the equipment that we have located at your home. If you do not exchange or return it to us when we ask, then we may bill you for the standard replacement charge for the item in question.
|
9.4
| If you have acquired any hardware from us, or from one of our dealers or Agents, all claims in relation to those products are covered by the warranty, if any, offered by the relevant manufacturer. This paragraph does not limit any rights you may have under the Consumer Guarantees Act 1993.
|
9.5
| You are responsible for any phone sockets and wiring maintenance in your home. We will ask you if you require internal wiring maintenance Service, which is an optional Service for which additional fees apply. Please note you need to have had this Service for 30 days before a fault may be covered by this Service. If you are transferring your residential phone line Services to us from another Service provider, and you did not purchase the internal wiring maintenance Service from that other Service provider, we will not provide you with the Service unless you tell us otherwise.
|
10.
| OUR CHARGES AND BILLING
|
| Charges
|
10.1
| You can obtain a free copy of information about our current Services and charges by calling Our Customer Services Centre or by visiting our website. From time to time we may decide to change some of our charges. If we decide to change our charges we will do so in accordance with these terms and conditions (see clauses 26.1-26.3).
|
10.2
| There is a one minute minimum charge for fixed line calls. All calls are rounded up and charged by the minute.
|
10.3
| If you call an 0900 or special number you will be charged the rate as published by the Telecommunications Service Provider of that phone number, plus for special numbers your normal calling rate.
|
10.4
| Each call is charged at the rate which is applicable when the call is commenced. You are responsible for all Charges, and for all calls made and data used under your Account.
|
10.5
| You may choose to change from one Pricing Plan or Pack to another. If you change your Pricing Plan or Pack it is up to you to check what, if any, special terms and conditions there may be for the different Pricing Plans or Packs or if there is any fee for changing.
|
10.6
| If you require us to provide you with technical support, or administration Services (including, as applicable, call barring, call redirection), we may charge you for the costs we incur in carrying out these Services. If you require prior notification of our current charges please call Our Customer Services Centre.
|
11.
| Paying your bill
|
11.1
| We will send you a bill at regular intervals. If you receive Bills in paper format, we may charge you for this. Some charges may be billed one month or more in advance or arrears. Please contact Our Customer Services Centre if you have any questions about your bill. If we agree that we have made a mistake then we will correct the bill. If we find that there is no mistake and the due date for payment has already passed, you agree to pay your bill (and any late payment fee) straight away.. If your account is overdue, we may:
|
a.
| suspend any of the Services that you have asked us to provide;
|
b.
| charge you any temporary disconnection charge; and
|
c.
| continue to charge you any recurring monthly charge applicable for those Services during the period of suspension.
|
11.2
| If you do not pay your bill on time and in full then we may charge you a late payment fee. See information on late payment fee or call our Customer Services Centre. If we have to spend money on collecting overdue amounts from you then you will reimburse us for those costs. Where the Services are phone line Services and your account is overdue we may also:
|
a.
| disconnect your phone, and where this happens you may not be able to use the same phone number in the future; or
|
b.
| add a toll bar to your phone so that you will not be able to make certain toll calls and we may charge you for placing that toll bar on your phone.
|
11.3
| Part payment of your bill will not amount to a full and final settlement unless we have agreed to this in writing. Sometimes charges will not show on your bill until sometime after the month in which they were incurred. You will still be liable for such charges.
|
11.4
| We can, at our discretion, impose credit limits for your use of the Services and we will try to notify you as soon as we impose such limits. You must observe any credit limits we set from time to time. We may restrict your use of the Services without further notice to you if you exceed the credit limits we have set. However, you will continue to be liable for all Charges incurred in excess of any credit limit in place.
|
12.
| ENDING YOUR AGREEMENT WITH US
|
12.1
| You may discontinue your connection to our network or give up any Service at any time by calling Our Customer Services Centre and giving us at least one calendar month’s notice. Your connection to our network or the particular Service will be disconnected one calendar month after receiving your notice and this shall be the date of disconnection. Some Services may be able to be terminated sooner than this at Vodafone’s sole discretion.
|
12.2
| If you request us to, or we elect to disconnect your connection to the Services, you must pay us in respect of each connection you have:
|
a.
| Any applicable early termination charges; and
|
b.
| all Charges incurred until the date of disconnection; and
|
c.
| any outstanding Charges and other monies payable by you for the Services.
|
d.
| We may restrict your use of any or all of the Services or disconnect your connection without telling you if:
|
e.
| you do not pay any Charges by the due date;
|
f.
| you exceed any credit limit in place or your usage of the Services is unusual or excessive;
|
g.
| you become (or are likely to become) insolvent, bankrupt or where you are or might be a poor credit risk;
|
h.
| you die or, in the case of a partnership, it is or is intended to be dissolved;
|
i.
| you do not abide by the terms and conditions in this Agreement;
|
j.
| you are abusive to us or any other person or you make abusive, offensive, malicious or nuisance calls or communications, or use any of our Services in an offensive way;
|
k.
| we suspect you of using the Services for any illegal or fraudulent activity; or
|
l.
| all of the Services are permanently or temporarily (for any reason) unavailable to you; and
|
m.
| all charges for any Services, including any costs incurred in the suspension or restriction of the Services, will be payable by you in accordance with this Agreement.
|
12.3
| We may also disconnect your connection or terminate particular Services:
|
a.
| if any of our licences to operate our network is ended or suspended or any interconnection agreement with any other Network Operator expires or is ended; or
|
b.
| for the health and safety or any person or the safety or security of our network, and
|
c.
| in either case you will only have to pay any outstanding Charges incurred up to and including the time of disconnection.
|
13.
| Rights and Responsibilities that Continue
|
13.1
| Ending this Agreement does not affect any of the rights or responsibilities which are intended to continue or to come into existence after this Agreement ends including (without limitation) any obligation you may have to:
|
a.
| pay any outstanding charges;
|
b.
| pay any applicable early termination charges; and
|
c.
| return any Vodafone hardware you may have on loan from us or any of our dealers or agents, or pay any outstanding amounts in respects of such hardware.
|
14.
| LIABILITY
|
| Our liability to you
|
14.1
| To the extent allowable by law:
|
a.
| our liability for any claim, damages, loss or expense that you incur as a result of anything we have done or not done is limited to $5,000 for any event or series of related events and $10,000 for all events occurring in any 12 month period of your agreement with us; and
|
b.
| we will not be liable for any loss of data, profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person, or any loss to the extent that it is caused by you, for example through your negligence or breach of contract.
|
15.
| Liability of third parties to you
|
| We have certain obligations towards other Network Operators and our dealers, Agents, employees, contractors and suppliers. Those persons (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the Services we provide or from your use of those Services and our network, including (without limitation) your access to and use of any Telecommunications Service Provider’s site or Network Operator's networks. This paragraph creates an obligation that other Network Operators and/or our dealers, Agents and suppliers can enforce, whether as a defence or otherwise.
|
16.
| VODAFONE TV SERVICE TERMS
|
16.1
| The following terms apply if we provide you with Vodafone TV Services. We reserve the right to change these terms including where a change is required to ensure we comply with the law or a contract with another party (in which case we will give you as much notice as we can). We will notify you of a change of these terms by informing you that we have posted a revised copy of these terms on our website. We do not have to notify you of any minor change to these terms.
|
16.2
| The terms and conditions for SKY with Vodafone will also apply if you subscribe to SKY with us. Those terms are available here http://www.vodafone.co.nz/legal/terms-conditions/sky-tv/. SKY services are not available with Vodafone’s TV with Freeview/HD Service and vice-versa.
|
16.3
| From time to time we may vary the channels, programmes and scheduling of programmes which form part of the Vodafone TV Services. Vodafone TV Services require either a standard definition or HD set top box. The set top box remains the property of Vodafone. The Vodafone TV Service is only available as part of our residential broadband, TV and fixed line Services package.
|
16.4
| We and/or third parties may from time to time offer to you, via the set top box or other means, pay-per-view programming (including pay-per-movies and pay-per-view events) or additional products or services which may incur additional fees charged by us or a third party. If you or any member of your household accepts any such offer, or the offer is accepted electronically via your set top box, then you will: (a) abide by any additional terms that apply to; and (b) pay the additional fees to us or to the applicable third party for; the programming, products or services that have been accepted.
|
| 16.5 | Vodafone is not responsible for the loss of recorded content stored at any time on the Vodafone HD/DVR. The Vodafone HD/DVR recorder remains the property of Vodafone. |
17.
| Authorisation
|
| You declare that you are at least 18 years of age and have legal power to agree to these terms. You must ensure that your username and password are kept secure and secret and they are only disclosed to authorised members of your household. You are responsible to us for any action or omission by any person using your account and the Vodafone TV Service (including all charges incurred by such persons) and must ensure that they comply with these terms.
|
18.
| Using the Service
|
18.1
| Only you or authorised members of your household may use the Vodafone TV Services. You must not use the Service in breach of these terms or in a way that results in you, us, or any other person affected by your actions, breaching any law (including by infringing any person's copyright or other intellectual property in any movie event or the Vodafone TV Service). You must not use the Vodafone TV Service in a way which we reasonably believe is illegal, likely to be found illegal or likely to cause damage to our reputation or to breach our obligations with our third party suppliers.
|
18.2
| You accept full responsibility for reviewing the classification information displayed for the movies and events (or any other content) and will ensure the content is suitable for all viewers (in particular, children under 18 years of age) and take appropriate action where necessary to safeguard any viewers.
|
18.3
| You must not display or make the content available to the public or in a public space or re-supply or re-transmit the movie or event (or any other content) to another person. You are granted a non-exclusive, non-transferable, limited license to view a movie or event for your personal, non-commercial viewing during the relevant viewing period. No right, title or interest is deemed transferred to you. You must not circumvent, remove, alter, deactivate or degrade any of the content protections in the licensed Service, authorised servers, security solution or set top devices and any material violation of the limited license or anti-circumvention provisions may result in termination of your use of the Service. You must not and have no right to install or implement personal video recorder software or hardware that allows recording, copying or playback of any movie or event (or any other content).
|
19.
| Availability
|
19.1
| For our pay-per-view movies and events, we may determine in our own discretion what movies and events are made available via the Vodafone TV Service and the relevant viewing period for each movie or event. We do not guarantee that the Vodafone TV Service or any movie or event will always be available or error free and we will not be liable for any unavailability of the Vodafone TV Service or a particular movie or event.
|
| 19.2 | Pay-per-view events are only available on the HD set top box (not the standard definition set top box). |
20.
| Termination
|
| We may cancel or suspend the Vodafone TV Services at any time without notice if you breach these Terms, including by infringing the copyright or other intellectual property in any movie, event or the Vodafone TV Service. If we cancel your Vodafone TV Services under this clause, we may charge you any termination fees that apply under any agreement between you and us.
|
21.
| OTHER
|
| Changing address
|
21.1
| If you move house then you will need to stop the Services that we are providing to you at your old address. You therefore agree to give us at least 14 days’ notice before you move house, otherwise you will still be responsible for paying for the Services that we provide to your old address.
|
21.2
| Depending on where you move to, we may or may not be able to provide you with the same Services.
|
| Changing Service provider
|
21.3
| You acknowledge that where you are changing Service provider:
|
a.
| if we are your new Service provider we will only provide those Services agreed with you, and if there are some Services we cannot provide, you will need to ensure these will continue to be provided to you by your previous Service provider;
|
b.
| there may be consequences (such as changes in price or availability of Service) with your previous Service provider for Services still provided by it;
|
c.
| you remain subject to the terms and conditions of use of your previous Service provider for Services provided by it and you will remain liable for all charges that you owe to it, including unbilled charges and termination charges; and
|
d.
| you will need to ensure that your account with your previous Service provider has been properly terminated and closed.
|
22.
| Phone Numbers and Number Portability
|
22.1
| Phone Numbers allocated to you by us or another Telecommunications Provider do not belong to you.
|
22.2
| You may Port the Phone Number to another Telecommunications Service Provider. If you wish to do so, you must contact the Telecommunications Service Provider to whom you wish to Port. You will be responsible for completing the Porting requirements of that Telecommunications Service Provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the Porting of the Phone Number to the other Telecommunications Service Provider. You will be responsible for all costs associated with Porting the Phone Number (including any applicable early termination charges).
|
22.3
| We may be required by law, under contracts with other Network Operators or for other reasons to change your Phone Number(s). We will do our best to give you notice of any change required. We will not be liable for any costs which you, or anyone else, may incur as a result of such change.
|
22.4
| If you or we disconnect your connection to the Services, we may allocate your Phone Number to another customer.
|
23.
| Collecting and using information about you
|
23.1
| You agree that we can collect information about you (such as your home address and phone number and evidence that you will be able to pay for our Services) and the ways in which you are using the Services. We will ask you for this information or we will obtain it from our records. You agree to ensure that all information you give to us is correct and complete. You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations.
|
23.2
| You agree that we may monitor and/or record calls made between you and Our Customer Services Centre to ensure that we have a proper record of our dealings with you and also for the purposes of maintaining and improving the quality of our Service. You may ask to see information that we have about you and you may ask us to correct any errors. You can do this by calling Our Customer Services Centre.
|
23.3
| Vodafone’s use of your personal information is governed by this Agreement and by the Vodafone Privacy Policy.
|
23.4
| You agree to procure from each of your Users their authorisation for the collection, disclosure and use of personal information about him or her by us.
|
24.
| Consumer Guarantees Act
|
| You can exercise your rights under the Consumer Guarantees Act 1993 at any time unless you use, or have indicated you will use our Services for business purposes.
|
25.
| Sending bills and notices to you
|
25.1
| If you need to contact us for any reason you can do so by:
|
a.
| calling Our Customer Services Centre; or
|
b.
| contacting us via our Website.
|
25.2
| If we need to notify you of anything we may do so by:
|
a.
| e-mail if you are an internet customer, or a customer for any other Services who has supplied us with an email address;
|
b.
| post;
|
c.
| phone;
|
d.
| short message Service (SMS);
|
e.
| a notice on our Website;
|
25.3
| It is important you tell us straight away about any change to your contact details. You can do this by calling Our Customer Services Centre. You will be deemed to have received any notice which was sent to your last known email or postal address.
|
26.
| Changing these terms
|
26.1
| We may change this agreement and any free Services at any time. Changes will be posted on our Website. Please check this regularly for updates.
|
26.2
| We may vary the charges set out in a Pricing Plan at any time. We will give you at least 10 business days prior notice and where practicable 1 month’s notice of these changes. We will notify you of these changes by posting them on our Website. Please check our Website regularly for updates. For the avoidance of doubt, we will not notify you of price decreases or promotional offers which have stated end dates.
|
26.3
| If we materially increase a Pricing Plan or materially reduce elements of a Service you are using or change the terms and conditions of this agreement so that it has a material detrimental effect on you we will give you at least 10 business days prior notice, and where practicable one month’s notice of these changes. We will notify you of any changes by bill message and/or leaving a message on your voicemail and/or by text and or by email/letter. They will also be posted on our Website.
|
27.
| Transferring this agreement
|
| We can transfer some or all of our rights and obligations under this agreement. If we do this we will try to tell you in advance. You agree not to transfer any of your rights and responsibilities under this agreement to anyone else.
|
28.
| Severable clauses
|
| If for any reason any clause of this Agreement is deemed to be unenforceable, all remaining clauses in this Agreement shall remain binding on you.
|
29.
| New Zealand Law
|
| This Agreement is governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the New Zealand Courts.
|
30.
| Waiver
|
| If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.
|
31.
| Disputes
|
| If you have any dispute with us or our Services, please refer that dispute, initially, to Our Customer Services Centre. If Our Customer Services Centre are unable to resolve your concerns the matter will be escalated to the Customer Operations Support Manager.
|
32.
| Force Majeure
|
| We will not be liable for any delay or failure of the Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event beyond our control.
|
33.
| Agents of Vodafone
|
| We may subcontract or delegate the performance of any of our rights or obligations under this Agreement but this will not relieve us from liability for performance of any such obligation. We may appoint an Agent to provide billing Services (including credit checking and control) and Our Customer Services Centre. Invoices issued by our Agent will be binding on you and payment of those invoices in full to our Agent will be a valid discharge of your liability to pay those invoices under this Agreement. Our Agents can enforce those obligations expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
|
34.
| Directory Assistance and Listing
|
| We may include your personal information in any telephone or similar directory or directory enquiry Service provided or operated by us or by a third party subject to any objection or preference you may have indicated to us. We will give you an opportunity to express any objection or preference. If you indicate that you wish to be listed in the white/yellow pages and/or for directory assistance, your name(s), telephone number(s) and address details will be given to the directory assistance Service provider for listing at your cost. Any arrangement you make to be listed will be a matter between you and that directory listing Service. Your number may still be displayed to emergenc
|
