The following terms and conditions apply in relation to your access and use of the content and services offered to you on the Vodafone Music Store ("Services") and the purchase of any products from the Vodafone Music Store ("Products"). By browsing and (where applicable) purchasing from the Vodafone Music Store you agree to be bound by these terms and conditions, our website terms and conditions and any additional terms and conditions presented during the purchasing process.
1. In these terms and conditions, reference to "we" and "us" means Vodafone New Zealand Limited, and "our" has a corresponding meaning
2. "You" means you our customer under these terms and conditions and "your" has a corresponding meaning.
3. The Services are based in New Zealand, aimed at New Zealand residents and intended for access and use by New Zealand residents only. The use of some of the Services may be restricted to certain customers or customer groups (for example, On Account customers). You shall be informed about any such restrictions before or during subscription for a particular service. Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms from time to time, provided such changes are reasonable and where possible, we will provide advance notice of major changes to the Service and any changes to the Terms and Conditions on vodafone.co.nz. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms on the Service at the time of your access. You should therefore check these Terms each time you use any of the Services.
4. Where a third party service or content provider ("Provider") is identified as providing a particular service or application forming part of the Service then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.
5. These terms and conditions are effective upon the earlier of you:
7. We may delay enforcing our rights under these Terms without losing them.
8. You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.
9. You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
10. We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
11. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.
12. These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
13. If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
14. Vodafone reserves the right at all times to disclose any information as Vodafone deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
15. These Terms shall be governed and interpreted in accordance with New Zealand law and you and we both consent to the non-exclusive jurisdiction of the New Zealand courts.
17. All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.
18. We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by the copyright owner. Unauthorised use of the Service or the Content (including unauthorised reproduction or distribution) is expressly prohibited and may violate applicable law.
19. You shall not be entitled in respect of any Content (wholly or partly):
20. You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.
21. You, and any persons you allow to use the Service or the Content through your access to the Service, are not allowed to:
24. Where any of our Services requires payment by you, the following conditions apply:
25. Where any of our Services enable you to download Content to a mobile phone, personal computer, personal digital assistant or other access device you must comply with the following conditions.
26. You may save such Content on your access device but (unless expressly permitted) you are strictly prohibited from saving such Content elsewhere; editing or modifying the Content; copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it.
27. You should adjust the personal settings on your access device to ensure that you receive the Content that you have selected. By registering for Services you confirm that your access device can support the downloading of the relevant Content. If you are unsure whether this is the case you should check the information on our website, consult your handbook or contact the manufacturer of your access device. We cannot be held responsible should you attempt to download Content onto an incompatible access device and you will be charged regardless.
28. Without limitation, we shall not be liable in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:
29. We will meet our responsibilities under the Consumer Guarantees Act 1993, unless you are using the Service or purchasing the Product for the purposes of a business. Without limiting our responsibilities to consumers, our warranties, guarantees, and liability to you in connection with your use of the Vodafone Music Store and your purchase or use of the Products are limited and excluded as described in our website terms and conditions, On Account Terms and Conditions or Prepay Terms and Conditions as appropriate.
30. If you are purchasing the Product or using the Service for the purposes of a business, you agree that the Consumer Guarantees Act does not apply, and, to the maximum extent permitted by law, our liability to you, or anyone claiming through you, will be limited at all times to the purchase price of the Product or the Service to which your claim relates. In no event will Vodafone be liable to you for any loss of profits or revenue, lost business or missed opportunities or for any loss or damage that is indirect or consequential in relation to this Agreement or your use of the Service.
31. While Vodafone has endeavoured to ensure that the information provided on the Vodafone Music Store is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on the Vodafone Music Store. We reserve the right to make changes to the information provided on the Vodafone Music Store at any time and without notice.
32. You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavour to ensure the security of your communications; however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.
33. You irrevocably agree to indemnify us and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these Terms. We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.
34. We may suspend the operation of the Service:
35. If we suspend your access to the Service to investigate
or prevent a potential breach of these Terms, these Terms shall continue
to apply during such period of suspension and you shall remain liable
for any charges payable by you during such period.
36. We may terminate your access to and use of all or any part of the Service:
37. Vodafone may withdraw or change the Services generally,
at any time for technical, commercial, public interest or operational
reasons. In the event that the Services are being permanently withdrawn
by Vodafone, this will be advertised with as much notice as reasonably
possible prior to the withdrawal of the Services. Depending on the
reason for the suspension, withdrawal or change, it may not always
be possible to give advance notice. Termination shall not affect the
accrued rights and liabilities of either you or us.
38. You may end the Service at any time by following the instructions on the website or contacting us, as set out above. Termination of the Service will not affect your obligation to pay for Services used by you or any third party goods or services previously purchased using the Service.