Welcome to Vodafone's website and thank you for taking the time to read these website terms and conditions which apply with respect to your use of our website and our products and services.
It is important that you read these terms and conditions carefully because by using our website and our products or services, you will be deemed to have accepted them.
Operation of these terms and conditions
1. These website terms and conditions apply and operate in addition to (and not in substitution for) your Connection Agreement and any Other Agreement which you may currently have with us. If there is any conflict or inconsistency between these website terms and conditions and those set out in your Connection Agreement or any Other Agreement, then the terms and conditions of your Connection Agreement and such Other Agreement (as the case may be) will prevail.
2. If you do not have a Connection Agreement, then these website terms and conditions will apply to your use of our website, the Content, and all of the products and services offered or promoted by us on our website.
3. Certain services offered by us require specific provisions in addition to the General Provisions section of these terms and conditions. These specific provisions are set out at the end of this General Provisions section and form part of these website terms and conditions. Certain capitalised terms have the meanings set out in the Definitions section (see clause 49 below).
4. If you are under the age of 18, you must only use this website, or any products or services offered by us with parental or caregiver consent, provided they are over the age of 18 and accept these terms and conditions on your behalf.
Our commitment to you
5. We will provide those products and services which you order from us, with reasonable care and skill and within a reasonable timeframe unless we expressly stated otherwise, however we do not represent or warrant that any product or service offered or supplied by us will:
6. We will use all reasonable endeavours to restore any services outages as soon as reasonably possible.
7. Although we endeavour to keep our website and its Content up to date and accurate, we do not represent or warrant that all Content displayed on our website is up to date or accurate at all times.
8. We are not responsible for:
9. We may use subcontractors to provide products or services to you. Without limiting clauses 23 to 26 but subject to clause 27, we will not be liable to you, or anyone claiming through you, for the direct or indirect consequences of any failure or default by any such contractor.
10. Whilst using our website, any Content, products or services, you must:
Use of our website, its content and our products and services
11. You may only use our website and its Content:
12. You may only use our products and services:
14. In order for you to use our products or services, it may sometimes be necessary for us to download configuration or other software to your Device. This may happen automatically when you have requested that one of our products or services be supplied to you. You acknowledge and agree that:
15. You must not use our website, any of its Content, or any of our products or services:
16. You must not connect or attempt to connect to our Network using a Device which has not been approved by us in writing in advance. If you are unsure as to whether any particular Device has been approved by us, please contact our customer services people for guidance.
17. We either own or otherwise have the right to use the intellectual property rights with respect to the Content, any software supplied by us, and any personal identifiers (including addresses) as well as in relation to other products or services which we make available to you in connection with our products and services (collectively our Intellectual Property). You acknowledge and accept that we are either the owner, or otherwise have the right to use our Intellectual Property and that you will not assert any claim or interest in or to our Intellectual Property, other than in relation to those rights which are expressly provided to you in these website terms and conditions or under a Connection Agreement or in any Other Agreement. In particular but without limitation, our Intellectual Property extends to copyright, Trademarks and design rights which we either own or otherwise have the right to use.
18. You must not copy or reproduce (whether digitally, electronically, by framing or linking, or in hard copy or by any means whatsoever) or in any way use any of our Intellectual Property without our prior written consent, unless such coping, reproduction or use is required for the purpose of using any of our products or services in the manner in which they are intended to be used.
19. We accept that, in using our products and services, you may include items of intellectual property which belong to you or third parties. You warrant to us that all such intellectual property which you use either belongs to you or you otherwise have the right to use that intellectual property in conjunction with use of our products or services. You agree to indemnify us for all loss, damage, cost and expense which we suffer as a result of a breach of this clause by you. You also grant us and our suppliers the perpetual, global, non-exclusive and royalty free right to use that intellectual property in the context of our businesses.
20. Without limiting clauses 23 to 27, we disclaim any liability in relation to:
21. We do not represent or warrant that:
22. Our website has been optimised for viewing in Windows Internet Explorer Versions 5 and above, as well as Netscape Versions 6 and above. If you are running any other browser, or browser versions, you may encounter problems with certain sections of our website and we disclaim any liability for any such problems which may be encountered.
23. Subject to clause 27, we (including our officers, employees and agents) will not be liable (whether in contract, tort or otherwise whatsoever) to you or any third party claiming through you, for any direct, indirect or consequential damage, loss, cost or expense (including loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising from the use of our website, its Content, or through the use of any of our products or services.
24. If, notwithstanding clause 23 but subject to clause 27, a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these terms and conditions, such liability will be limited to the lesser of:
25. In respect of the provision of any products or services, if any term, condition or warranty is implied into these terms and conditions which by law cannot be excluded, but may be limited, then, subject to such law and clause 27, our liability in respect of such term, condition or warranty (including to any person claiming through you) is limited, at our option, to either:
26. Subject to clause 27 and any express provision contained in these terms and conditions or a Connection Agreement or Other Agreement which you may have with us, we exclude all implied representations and warranties in respect of the use of our website as well as any of our products or services to the fullest extent permitted by law.
27. If you are using our website or any of our products or services for purposes other than in relation to a business, then we accept that you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these website terms and conditions is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with clauses 23 to 26.
Charges & Billing
28. You agree to pay our prices, charges and costs in accordance with the terms contained in your Connection Agreement (if you have one), any Other Agreement, or in accordance with the terms which we display for any particular product or service, whether on our website or otherwise. You agree to do so irrespective of who uses the products or services which we supply to you. These prices, charges and costs will appear on your bill from us.
29. Depending on which of our products or services you wish to use, we may provide Security Information to you, and we may also require you to provide Security Information to us which will enable you to access and use the relevant product or service. You must treat all Security Information as strictly confidential, and not disclose it to anyone. We are entitled to rely on the provision of your Security Information without further enquiry, as evidence of your identity and authority to use the relevant product or service. As a result, you will be liable for the costs and charges in relation to all such use. Any Security Information which is generated by us and supplied to you remains our property at all times.
30. You agree to notify us immediately of any actual or suspected unauthorised use of the Security Information relating to you. Such notice will not release you from any liability you may have to us in relation to the relevant product or service, but we will use all reasonable endeavours to mitigate the effects of that unauthorised use from your perspective.
Breach, Suspension and Termination of Service
32. In the case of a breach of these terms and conditions by you or any other person, we are free to decide whether we wish to take action for such breach, and if so when and how. We will not be prevented by the passage of time or any other matter, from exercising our rights.
33. You cannot compel us to take action against any third party in respect of any breach by them of these terms and conditions which may be causing you damage, loss, harm or inconvenience, and furthermore, you cannot take legal action against us in an attempt to avoid such damage, loss, harm or inconvenience or recover compensation for the same.
34. Except as may otherwise be provided in a Connection Agreement or any Other Agreement, we may suspend or terminate your use of any of our products or services at any time for any reason (which we are not obliged to disclose) without notice, although we will use all reasonable endeavours to provide you with advance notice. Our decision to suspend or terminate may be based on a breach by you of these terms and conditions, a technical reason, or for any reason whatsoever. If we suspend or terminate due to breach by you, we may but are not obliged to notify you of that breach or provide you with an opportunity to remedy that breach prior to such suspension or termination occurring.
35. If we suspend your use of any service, then you will still be required to pay us any connection related charges or minimum payments applicable to that service.
37. You acknowledge and accept that we may from time to time, at our sole discretion, run manual or automatic systems on our Network and related systems and equipment, to determine whether compliance with these terms and conditions is occurring.
Changes to these terms & conditions
38. You accept that we may change these terms and conditions at any time and that any revised terms and conditions displayed on our website from time to time will apply to your use of our website, its Content, and any products or services we offer or supply.
39. You may not assign any of your rights or obligations under these website terms and conditions. We may assign our rights and obligations to a third party at any time, without your consent and without providing you with advance notice of such assignment.
40. These terms and conditions are governed and construed in accordance with New Zealand law and you accept the exclusive jurisdiction of the New Zealand courts.
41. If a court of competent jurisdiction rules that any part of these terms and conditions are unenforceable for any reason, then such ruling will not affect the remaining provisions of these terms and conditions which will remain in full force and effect at all times.
42. These terms and conditions (together with any Connection Agreement or Other Agreement) constitute the entire terms and conditions which are applicable between you and us. Any other documents, statements or other representations are expressly excluded.
Additional Provisions for Specific Services
43. If you wish to register for and use our Vodafone Mail Service, WAPMail Service, or any other service which requires registration on our website, then you must follow all instructions provided by us from time to time in relation to the set up, administration, security and use of the relevant service.
44. We may establish capacity and other limits in relation to your use of any of our services, including without limitation:
The current limits are displayed in the FAQ section of our website, or if not, please contact our customer services people. We may decide, at our discretion, to change these limits from time to time. We will notify all such changes on our website and will endeavour to provide as much advance notice as possible, on our website, of any such changes. If your use or attempted use of the relevant service exceeds any of these limits, we may suspend the service, and this happens frequently, we may decide to terminate your use of the service.
45. If you use any of our services (including our Vodafone Mail Service and WAPMail Service) to access other email accounts, websites or other information on the internet which are hosted by or belong to third parties and relate to you, then you warrant to us that prior to doing so, you have obtained the consent of that third party to enable us to access that information on your behalf. When acting in accordance with your instructions, we will be relying on your fulfilment of this clause and as a result, you agree to indemnify us for all loss, damage cost and expense which we suffer or incur as a result of a breach of this clause by you.
Text and PXT Messaging (together "Messaging")
46. If you wish to register for and use our Messaging service then the following provisions will apply in addition to, and without limiting, the other General Provisions set out above:
Vodafone Mail (Email) Service
47. If you wish to register for and use our Vodafone Mail Service then the following provisions will apply in addition to, and without limiting, the other General Provisions set out above:
48. If you wish to register for and use our WAPMail Service then the following provisions will apply in addition to, and without limiting, the other General Provisions set out above:
49. Unless the context otherwise requires, in these terms and conditions, the following terms have the following meanings:
All the content of this website is protected by copyright © 2013. Vodafone New Zealand Limited (and/or any member of the Vodafone Plc Group of companies and/or suppliers) is either the owner or licensee of all rights to such content. All such rights are reserved.