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Terms of Service

Last updated: January 1, 2024

1. Agreement to Terms

By accessing and using MobiNZ services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services.

These terms apply to all users of MobiNZ mobile network services, including prepaid and postpaid customers, business users, and website visitors.

2. Service Description

MobiNZ provides mobile telecommunications services in New Zealand, including:

  • Voice calling services (local, national, and international)
  • Text messaging (SMS and MMS)
  • Mobile data and internet access
  • Roaming services when traveling
  • Value-added services and applications
  • Customer support and profile management

Service availability and quality may vary based on location, network conditions, and device compatibility.

3. Profile Registration and Eligibility

To use MobiNZ services, you must:

  • Be at least 18 years old or have parental consent
  • Provide accurate and complete registration information
  • Maintain current contact and billing information
  • Comply with identity verification requirements
  • Accept responsibility for all profile activity

You are responsible for maintaining the confidentiality of your profile credentials and for all activities that occur under your profile.

4. Service Plans and Billing

Plan Selection

  • Service plans include specified allowances for calls, texts, and data
  • Plan features and pricing are subject to change with notice
  • Unused allowances typically do not carry over to the next billing period
  • Additional charges apply for usage exceeding plan allowances

Billing and Payments

  • Bills are issued monthly and payment is due by the specified date
  • Late payments may result in service suspension or termination
  • Disputed charges must be reported within 30 days
  • All prices include applicable taxes unless otherwise stated

Contract Terms

  • Prepaid services: No fixed contract term
  • Postpaid services: Minimum 12-month contract unless otherwise specified
  • Early termination fees may apply to contract plans
  • Automatic renewal terms as specified in your plan agreement

5. Acceptable Use Policy

You agree to use MobiNZ services responsibly and lawfully. Prohibited activities include:

  • Illegal activities or violation of applicable laws
  • Harassment, threats, or abusive communication
  • Spam, unsolicited marketing, or bulk messaging
  • Network abuse or attempts to disrupt service
  • Unauthorized access to systems or accounts
  • Reselling services without authorization
  • Using services for commercial purposes on personal plans

Violation of this policy may result in service suspension or termination without notice.

6. Service Limitations and Availability

MobiNZ strives to provide reliable service, but we cannot guarantee:

  • Uninterrupted or error-free service
  • Service availability in all locations
  • Specific data speeds or connection quality
  • Compatibility with all devices or applications

Service may be temporarily unavailable due to maintenance, network upgrades, natural disasters, or other circumstances beyond our control.

7. Device and Equipment

Device Requirements

  • Devices must be compatible with MobiNZ network standards
  • Unlocked devices or devices locked to MobiNZ network
  • Current software and security updates recommended

Device Financing

  • Device payment plans subject to eligibility approval
  • Full payment required if service is terminated early
  • Device remains property of MobiNZ until fully paid

Lost or Stolen Devices

  • Report lost or stolen devices immediately
  • Service suspension available to prevent unauthorized use
  • Customer remains responsible for charges until reported

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which forms part of these terms.

By using our services, you consent to:

  • Collection of usage data for billing and network management
  • Processing of personal information as described in our Privacy Policy
  • Use of cookies and tracking technologies on our website
  • Communication from us regarding your profile and plans

9. Intellectual Property

MobiNZ and its licensors own all rights to:

  • The MobiNZ brand, trademarks, and logos
  • Website content, software, and applications
  • Network infrastructure and technology
  • Service documentation and materials

You may not use our intellectual property without explicit written permission.

10. Limitation of Liability

To the maximum extent permitted by law, MobiNZ's liability is limited as follows:

  • No liability for indirect, consequential, or punitive damages
  • Maximum liability limited to the amount paid for services in the past 12 months
  • No liability for service interruptions or network issues
  • No warranties beyond those required by New Zealand consumer law

These limitations do not affect your rights under the Consumer Guarantees Act 1993 or other applicable consumer protection laws.

11. Termination

Termination by You

  • You may terminate services at any time with appropriate notice
  • Early termination fees may apply to contract plans
  • Final bill includes all charges up to termination date

Termination by MobiNZ

We may terminate or suspend services immediately for:

  • Non-payment of bills
  • Violation of these terms or acceptable use policy
  • Fraudulent activity or misuse of services
  • Providing false information during registration

12. Dispute Resolution

For service-related disputes:

  1. Contact Customer Service: Call 0800 MOBINZ or email [email protected]
  2. Escalation: Request escalation to management if unresolved
  3. External Resolution: Contact the Telecommunications Dispute Resolution (TDR) scheme
  4. Legal Action: New Zealand courts have jurisdiction for legal disputes

Most disputes can be resolved through our customer service process.

13. Changes to Terms

We may modify these terms at any time. We will notify you of material changes by:

  • Email notification to your registered email address
  • SMS notification to your mobile number
  • Posted notice on our website
  • Bill insert or profile notification

Continued use of services after changes indicates acceptance of the new terms.

14. General Provisions

Governing Law

These terms are governed by New Zealand law and subject to the jurisdiction of New Zealand courts.

Severability

If any provision of these terms is found unenforceable, the remaining provisions continue in full effect.

Assignment

You may not transfer your rights or obligations without our consent. We may assign our rights and obligations to affiliated companies.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15. Contact Information

For questions about these Terms of Service, please contact us:

Customer Service: 0800 MOBINZ (0800 662 469)

Email: [email protected]

Mail: Legal Department
MobiNZ Limited
Level 3, 123 Queen Street
Auckland 1010, New Zealand

Business Hours: Monday - Friday, 8:00am - 6:00pm NZST

MobiNZ MobiNZ

New Zealand's trusted mobile network provider.

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Contact

Level 3, 123 Queen Street
Auckland 1010, New Zealand

Phone: +64 9 123 4567

Email: [email protected]

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