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Terms of use for the Vodafone New Zealand website

Terms and conditions of website

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.

General Provisions

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:

  1. operate on a continuous or fault free basis, or at any particular time or location;
  2. be secure or private; or
  3. be free of viruses or other harmful features.

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:

  1. Any Device or other equipment which is not owned or supplied by us, and if it is supplied by us, then we are only responsible in accordance with the express terms of supply, or as set out in these terms and conditions or any Connection Agreement or Other Agreement which we may have with you;
  2. Any use of our products or services in a manner which is inconsistent with the directions or instructions for use or which is contrary to these terms and conditions or the terms and conditions set out in your Connection Agreement or Other Agreement.

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.

Your responsibilities

10. Whilst using our website, any Content, products or services, you must:

  1. Comply with these terms and conditions as well as the terms of any Connection Agreement and Other Agreement at all times;
  2. Make sure all information which you supply to us is current, complete, accurate and is provided in a timely manner;
  3. Comply with all applicable laws, regulations, standards and codes including but not limited to the Crimes Act 1961, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Privacy Act 1993;
  4. Ensure that anyone who uses our products or services as supplied to you, does so in accordance with these terms and conditions as well as any Connection Agreement which you have with us; and
  5. Ensure that any Security Information is kept confidential at all times and not disclosed to third parties.

Use of our website, its content and our products and services

11. You may only use our website and its Content:

  1. To learn about us and our business partners, and the products and services we offer from time to time;
  2. To register for, order, use or pay for the products and services which we offer from time to time, to the extent that we enable you to do any of these activities online;
  3. as may be expressly directed in our website;
  4. for your own personal use, or, if you are a business customer, for your own internal business purposes.

12. You may only use our products and services:

  1. in accordance with these terms and conditions and any Connection Agreement and any Other Agreements which you may have with us;
  2. in accordance with any express terms of supply or as may be expressly directed in our website;
  3. for your own personal use, or, if you are a business customer, for your own internal business purposes.

13. You may use any third party website which we link to our website provided that you comply with the relevant third party's terms of use for its website. However, we are not liable for any content on any third party website (see "Disclaimers" below at clause 20).

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:

  1. Your right to use such software is limited to being a mere licensee (not owner) upon license terms and conditions as may be notified to you by us or one of our third party suppliers at the time the software is downloaded to your Device;
  2. If these licence terms are not notified to you and are not contained anywhere in the software which is downloaded to your Device, then you will receive a personal, revocable and non-transferable licence to use that software solely for use in conjunction with the relevant product or service which is offered by us and for no other purpose. Any reverse engineering, decompilation, reproduction or redistribution of the software or any component of it is expressly prohibited;
  3. Your use of the software will be free of charge unless we notify you that there is a charge. We may do this either by displaying the charge on our website or in any other terms and conditions which apply to that software;
  4. We do not guarantee that any such software will be compatible with, or will operate on your Device; and
  5. We may revoke your right to use any such software at any time by sending you notice to this effect (whether verbally, electronically, or by letter), and upon receipt of such notice, you will immediately cease using or in any way dealing with the software.

15. You must not use our website, any of its Content, or any of our products or services:

  1. In breach of any legislative or regulatory provision or for any other unlawful act;
  2. To damage or disrupt our website, its Content, or any of the products or services offered by us or in any way effect them except to the extent permitted in clauses 11 and 12 above;
  3. To access, use or interfere with anybody else's computer system or data whether by hacking or by other means;
  4. To intercept or in any other way deal with email or other communications which are not intended by the sender to be received by you;
  5. For sending Spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
  6. To abuse, defame, threaten, stalk or harass others;
  7. For sending objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
  8. For running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;
  9. For introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone elses network or computer system;
  10. For using any software or device which may interfere with the services which are intended to be enjoyed by other users through the use of mail bombs, war dialling, pinging or other disruptive technical means;
  11. For transmitting live video, live audio or for making similar traffic demands on our Network, or for using IP Multicast without or prior written consent;
  12. Using a false identity for the purpose of misleading others as to the identity of the sender or origin of any message;
  13. By using any third party business to access our website or any of our services on your behalf without our prior written consent which may be withheld at our absolute discretion; or
  14. For the purpose of reselling (in any way) the Content or any of our products or services to third parties.

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.

Intellectual Property

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.

Disclaimers

20. Without limiting clauses 23 to 27, we disclaim any liability in relation to:

  1. The content of any third party website which may be linked to our website at any time. The links to such sites which we include in our website are merely for convenience for you and we do not necessarily endorse the content of those third party sites;
  2. Information which is obtained from third parties and which we may post on our website at any time. We provide such information to you merely for convenience, and we do not necessarily endorse the products or services referred to in the information;
  3. The acts or omissions of any third parties, in relation to any default by them in relation to the provision of, or access to, any of our products or services;
  4. The content of any communication (whether voice, data or otherwise) which you send or receive using any of our products or services; and
  5. Any corruption or loss of data or other content which you or anyone else may experience as a result of using our products or services.

21. We do not represent or warrant that:

  1. you will be able to access and use any of our products or services using any particular Device even though we may have approved it for use on our Network; or
  2. data or other content which relates to you will be stored indefinitely. We may store such data for a reasonable period of time (which may vary depending on the service) and may then delete such data without notice to you and without your prior consent.

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.

Liability

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:

  1. $5,000 for any event or series of events; and
  2. the amount of charges and other payments made by you to us in the six month period immediately preceding the date upon which the event causing your loss occurred.

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:

  1. resupplying similar products or services on substantially similar terms; or
  2. payment of the cost of having similar products or services supplied on substantially similar terms.

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.

Security

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.

Your Privacy

31. We will comply with our Privacy Policy (displayed separately on our website) and you accept this policy as governing our use of the personal information we receive about you as an individual.

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.

36. Subject to the provisions of any Connection Agreement and any Other Agreement, you may discontinue your use of any of our services by either refraining from using the service or if that service allows you to take steps to terminate your use of that service, then you may do so in accordance with those steps, subject to any other terms of use for 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.

General

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:

  1. the maximum number of days that email or other messages will be retained;
  2. the maximum number of email or other messages that may be sent or received;
  3. the maximum size of an email or other message that may be sent or received;
  4. the termination of your use of our service if you have not accessed or used the relevant service for a specific continuous period of time; and
  5. the amount of storage space available to you;

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:

  1. You must have a current Connection Agreement, and if that Connection Agreement relates to pre-pay services, then you must have a credit balance in order to be able to use the Messaging service;
  2. If text, you will only be able to send messages of up to 160 characters in length (including spaces) in the standard GSM alphabet text format. If your message exceeds 160 characters in length, we may break it up and send it as separate messages and separate charges will apply to each;
  3. All messages sent and received by you will be at your risk. We take no responsibility for content;
  4. You must not use the Messaging service to advertise products or services; and
  5. You will be charged for using the Messaging Service at the rates set out in your current pricing plan or if not included in that plan, then as advertised by us, either on our website, or via other means from time to time. These charges will apply even if the messages are not received by the intended recipient for whatever reason.

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:

  1. You must have a current Connection Agreement and an email capable Device;
  2. You must register for this service on our website;
  3. As part of the registration process, we will allocate you with an email address which will either have a "@vodafone.net.nz" suffix (with a prefix of your choice, subject to availability and our approval which may be withheld at our absolute discretion) or you may select an alternative domain name that you own or have the right to administer;
  4. If you select an alternative domain name email address, then, without limiting any other provision of these website terms and conditions:
    (i) We will not be responsible for hosting that domain name on the internet. You will need to arrange for a third party to provide this service for you;
    (ii) You warrant to us that you have the right to access and use this alternative domain name email address and we may refuse any such domain name or email address at our discretion. You agree to indemnify us for all loss, damages, costs, and expenses which we incur as a result of any breach of this provision by you;
    (iii) Although we endeavour to provide the means by which you will be able to access the alternative email address, you will need to take all necessary steps (in addition to following the guidelines and instructions on our website) to switch access to that address to us, including gaining that party's consent in accordance with clause 45 of these terms and conditions. We will not be able to provide you with access to the alternative email address until this process is complete;
    (iv) We do not represent that we will be able to provide you with access to such alternative email addresses;
    (v) We do not represent that you will be able to access historic or stored data/emails via the alternative email address account which pre-dates the time of switching to us; and
    (vi) Although we will use all reasonable endeavours to provide you with access to the alternative email address account as quickly as possible, we do not represent that this will occur within a particular time frame; and
    (vii) Should your use of the Vodafone Mail service be discontinued for any reason, we will not be liable or responsible for providing mechanisms to allow you to move your historical or stored data.
  5. We will not charge you for the set up of the Vodafone Mail service but we will charge you for your use of the Vodafone Mail Service when used via wireless connection to our Network. The applicable charges will be our GPRS data usage charges as explained in your current pricing plan with us. These data usage charges will apply in accordance with your current data pricing plan, and will also apply to any SMS features which form part of the Vodafone Mail Service (such as calendar, to do, mail notification etc) which you activate when registering for the service.
  6. If you are using our Vodafone Mail Service via a fixed line connection, then you will need to arrange connection to our Network, as well as ISP services, with parties other than us who provide such services. These parties may charge you for these services, as well as impose other obligations on your use of their service. Payment of all such charges, as well as all other obligations owed to such third parties, is entirely your responsibility.
  7. You may request that we change your email address in accordance with our required procedure for doing so from time to time, provided that you do so no more than twice in any calendar month;
  8. Your Security Information must not be communicated to any other party so as to result in simultaneous logins to the Vodafone Mail Service;
  9. You accept that your Security Information is not encrypted when you enter this information into our system and that there are security risks from your perspective as a result. You agree to use your Security Information at your sole risk;
  10. Our Vodafone Mail Service will operate for an indefinite period until you either request us to discontinue hosting your email address or we suspend or terminate your use of this service in accordance with these website terms and conditions.
  11. We may at your request (and our discretion) issue you with multiple email addresses in addition to your original Vodafone email address (Associated Email Boxes). The use of Associated Email Boxes will be subject to these Terms and Conditions and you will be responsible for such use. In relation to your Associated Email Boxes you agree to:
    (i) Follow all directions from us relating to the set-up, administration and security of your Associated Email Boxes;
    (ii) Ensure that anyone who uses your Associated Email Boxes (Associate Users) has read these Terms and Conditions and is aware that their use of the service is governed by these Terms and Conditions;
    (iii) Comply with the Privacy Act 1993 in relation to the use and administration of your Associated Email Boxes and ensure that any Associate Users have read our Privacy Policy and are aware that any personal information or content contained in emails they send or receive using your Associated Email Boxes may be accessed by you.

WAPMail Service

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:

  1. You must have a current Connection Agreement;
  2. You must have an WAPMail capable Device which connects to our GPRS Network; and
  3. You will be charged for using the WAPMail Service at the rates set out in your current pricing plan or if not included in that plan, then as advertised by us, either on our website, or via other means from time to time.

Defined Terms

49. Unless the context otherwise requires, in these terms and conditions, the following terms have the following meanings:

  1. "Content" means all text, graphical and other visual content, as well as all audio content and other information contained in our website;
  2. "Connection Agreement" means a Network connection agreement which we have with you, whether for prepay services, on account service or any other service;
  3. "Vodafone Mail Service" means our email service as specified in clause 47;
  4. Device means any voice and/or data communication hardware device including a mobile device (such as a handset) and a desktop device (such as a PC);
  5. "Network" means our telecommunications network and related infrastructure and equipment;
  6. Other Agreement or Other Agreements means any other terms and conditions that apply to you in relation to any products or services offered or supplied by us;
  7. "Security Information" means any login, username, password, PIN (Personal Identification Number) or other personalised security information relating to your use of any of our products or services;
  8. "Spam" means the sending of bulk, unsolicited messages to a large number of remote users normally for advertising purposes;
  9. "SMS" means Short Message Service;
  10. "Trademarks" means all of our trademarks, whether registered or unregistered;
  11. "you" means you our customer, whether an individual, a company, or any other form of entity;
  12. "WAPMail Service" means the service of enabling internet access on a WAP (Wireless Application Protocol) capable mobile Device in accordance with clause 48; and
  13. "we", "us" and "our" means Vodafone New Zealand Limited, and in relation to any of our rights (but not our obligations), includes any company within the group of companies of which Vodafone New Zealand Limited forms part, as well as its affiliates, officers and employees.

Copyright

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.

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