General Mobile Terms | Electric Kiwi | Independent Kiwi Mobile, Broadband and Power.

Electric Kiwi - General Mobile Terms and Conditions

From the earlier of you applying for an Account or the Activation of your Account you are deemed to have accepted these General Mobile Terms and Conditions (“General Terms”)

These General Terms
Becoming our customer
Our Mobile Services
SIM cards
Mobile Phone Numbers and Number Portability
Roaming Overseas
Voicemail
Charges
Lost or Stolen Mobile Phone or SIM card
Your obligations when using the Mobile Services
Hardware
Consumer protection laws and Liability
Termination and suspension
Privacy
Liability of other Network Operators and Suppliers
Intellectual Property
Content
Complaints
Contacting you
Changes to our Agreement
General
Defined Terms

1. These General Terms

1.1
These General Terms apply to the Mobile Services that we provide to you. Any other products or services we supply to you have their own terms and conditions. These General Terms along with the following documents record our relationship with you regarding the supply of Mobile Services (“the Agreement’):

1.1.1 applicable Special Terms (which govern your supply Plan);

1.1.2 any applicable Promotional Terms (which govern promotions we offer from time to time together with our supply Plans); and

1.1.3 any applicable Additional Terms relevant to the Services we provide you (e.g. roaming overseas and WiFi calling).

1.2
By signing up for and using our Mobile Services and/or Related Services, you agree to these General Terms, along with any Special Terms, Promotional Terms, and Additional Terms applicable to the Service(s) you choose.

1.3
Terms and conditions imposed by our Network Providers may also apply to you.

1.4
These General Terms do not apply to the supply of broadband or energy services or any related broadband or energy services (which have their own general terms available on on our website).

1.5
If there is any inconsistency between these General Terms and conditions and any of the specific terms and conditions relating to a mobile Service, those specific terms and conditions will take precedence.

1.6
You can ask any questions via live chat or email.

1.7
Headings are for reference only and do not affect interpretation. If any clause in these terms and conditions are ruled invalid in court, it will not affect the rest of our agreement with you, and all other terms will remain in full force and effect.

2. Becoming our customer

2.1
Request Mobile Services via live chat, app, website, or email.

2.2
We may choose not to accept your application if:

2.2.1 you fail to meet our payment, credit, or other criteria (e.g., not providing necessary information);

2.2.2 you have an outstanding debt to us or our agents.

2.3
We may require debt payment before accepting you as a customer.

2.4
Acceptance as a Primary Account Holder is subject to a satisfactory credit check.

2.5
If you currently receive services of the same type as the Mobile Services from another provider, you may need to contact the provider directly to cancel those services. You will still be liable for any Charges owing to your other provider.

2.6
We will confirm your request acceptance via email.

2.7
Our agreement applies from the commencement of Mobile Services.

2.8
You must be 18 + to become a Primary Account Holder. Depending on the Plan, if you are under 18, you may be able to join as a Buddy linked to a Primary Account Holder’s Account under the Plan.

3. Our Mobile Services

3.1
Not all Mobile Services are available in all areas or to all customers.

3.2
We are not obliged to provide you Mobile Services unless we accept your application.

3.3
We will be responsible for determining the way the Mobile Services are to be provided. For example, we may subcontract other suppliers to provide part of any Mobile Services.

3.4
Set the "network selection" setting on your Mobile Phone to "automatic" to receive Mobile Services. This is typically the default setting. We cannot guarantee the availability of Mobile Services to you, and may cease to provide Mobile Services to you, if you fail to set the “network selection” setting of your Mobile Phone to “automatic”.

3.5
We aim to make Mobile Services available at all times, however coverage and Mobile Services may be negatively affected by radio interference, geographic or atmospheric conditions, outages, maintenance work, overloading, faults or limitations in your Mobile Phone or the device of the person with whom you are communicating, faults or other operational issues in the Network or any other mobile telecommunications network connected to our Network or other factors beyond our complete control. As a result, we cannot promise that our Mobile Services will always be available or fully functioning, and we cannot guarantee the quality, reliability and coverage of the Mobile Services that will be available to you.

3.6
Coverage and Mobile Services may change as the Network continues to evolve. Managing the Network includes prioritising certain types of traffic over other traffic at times of congestion.

3.7
If the Mobile Services are unavailable, we will work with the relevant Network Providers or service providers to restore them as soon as possible.

3.8
While we take reasonable security precautions, due to the nature of telecommunications services we cannot guarantee the confidentiality of any calls or transmissions you make using the Mobile Services.

3.9
Not all mobile phones and devices can receive all of the Mobile Services and some mobile phones and devices may not be compatible with the Network. We only agree to provide Mobile Services to you when you use a mobile phone or device of a make and model that is compatible with the Network. You are responsible for obtaining a compatible Mobile Phone to use the Mobile Services.

3.10
We may restrict or prevent the use of voice over internet protocol or message over internet protocol communications on the Network, where your use of such communications would cause degradation or impact the performance of the Network.

3.11
We can change, suspend, or remove Mobile Services and introduce new ones at any time.

3.12
We can impose credit limits on your Account if you no longer meet our credit criteria or fail to make required payments. We will try to notify you of such limits as soon as possible. If you exceed your credit limit, we may restrict your use of the Mobile Services without prior notice. You are still responsible for all Charges incurred above the credit limit.

4. SIM cards

4.1
Any SIM card we or our Network Provider issue to you or which otherwise comes into your possession remains our or our Network Provider’s property.

5. Mobile Phone Numbers and Number Portability

5.1
We will allocate to you, or you may select from us (where this Mobile Service is available), a Mobile Phone Number, or it may be allocated to you by another Mobile Telecommunications Provider and Ported by you for use on the Network. Subject to these terms and conditions you have full rights to use the Mobile Phone Number allocated to you.

5.2
If you are Porting a Mobile Phone Number for use on the Network from another Mobile Telecommunications Provider you confirm that you have the authority to request the Porting of that Mobile Phone Number, or have the relevant consent from the individual who has the rights to that Mobile Phone Number, to request the Porting of that Mobile Phone Number. You will be liable for any loss or damage resulting from breach of this obligation.

5.3
You may Port your Mobile Phone Number to another Mobile Telecommunications Provider. If you wish to do so, you must contact the Mobile Telecommunications Provider to whom you wish to Port to and you will be responsible for completing the Porting requirements of that Mobile Telecommunications Provider.

5.4
We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the Porting of the Mobile Phone Number to the other Mobile Telecommunications Provider. You will be responsible for all costs associated with Porting the Mobile Phone Number.

5.5
Any Mobile Phone Number we allocate to you or you select from us is not owned by you and we may change any Mobile Phone Number we have allocated to you or you have selected from us at any time. We will give you notice in accordance with clause 20 if we need to change your Mobile Phone Number.

5.6
If you change the Mobile Phone Number we allocate to you to another Mobile Phone Number selected by you from us (not being a Mobile Phone Number Ported by you), and we find the selected Mobile Phone Number for sale within six months of when the SIM card using that Number was activated, we may disconnect your Connection to the Mobile Services without prior notice.

5.7
If we find the Mobile Phone Number you received from us for sale after the SIM card using that Number has been activated, we may disconnect your connection(s) to the Services without prior notice.

5.8
If you or we disconnect your Connection to the Mobile Services, and you have not Ported the Mobile Phone Number allocated to you by us or selected by you from us prior to disconnection, we may reallocate the Mobile Phone Number to another customer.

5.9
You agree that we will not be liable to you for any direct or indirect loss or damage resulting from failure or delay in the porting process.

6. Roaming Overseas

6.1
The terms and conditions on which you may use overseas networks will depend on your Mobile Phone, the country you are visiting and the terms and conditions of the Network Operators whose networks you connect to in each country. The terms and conditions and charges of those other Network Operators will apply in addition to ours. Our standard overseas roaming rates apply to your Plan and are available at electrickiwi.co.nz/legal/mobile/roaming. Minute or other entitlements which may be included in any Plan or Add-on may not apply when you use your Mobile Phone overseas. Roaming on a Kiwi Mobile e-sim is not available for customers who activated outside of New Zealand.

7. Voicemail

7.1
This clause applies if Voicemail is one of the Mobile Services we provide as part of your Plan.

7.2
You will be required to set up a 4 digit PIN for voicemail activation and are responsible for keeping it confidential..

7.3
Un-played messages are stored for 30 days and will then be deleted. Your voicemail account will be deactivated after 60 days of inactivity (i.e. where no messages are deposited or retrieved). We may also limit the length and number of messages which may be stored in your voicemail account.

7.4
Depending on your Plan, voicemail calls may incur charges, detailed at electrickiwi.co.nz/mobile/charges.

8. Charges

Our fees and charges

8.1
The Charges for the Mobile Services are listed under specific terms for each Plan or Add-on or other Mobile Service. You will be billed in arrears for the Services provided to you under your Account. Any Charges you incur while roaming overseas may be billed several months in arrears.

8.2
You are responsible for all Charges associated with your Account, including any fees and Charges incurred by any other person (whether authorised or unauthorised) who accesses your Mobile Services. For example, unless you have suspended your Account or a connection under your Account where a SIM card connected to your account has been lost or stolen, you are responsible for the Charges relating to anyone else’s use of that SIM card. If you consider you have any unexplained usage and/or Charges that are outside your reasonable control, you can let us know within 1 month after you receive your Bill for such usage and/or Charges and we will investigate this for you.

8.3
Calls are charged by the minute, with part-minutes rounded up, and will be charged at the standard rate applicable when the call or your use of the Mobile Service commenced, unless specified otherwise in any specific terms and conditions of any Plan, Add-on or other service.

8.4
Add-ons commence on the date of purchase and Add-on Charges are included in your invoice. Charges for recurring Add-ons are included in each invoice from commencement until you end the Add-on.

8.5
The Charges for the Services we provide may be changed by us and/or new Charges introduced from time to time. We will notify you of any changes we make in accordance with clause 20.

8.6
We may pass on Charges from regulatory agencies, Network Providers and other suppliers that relate to the supply of Mobile Services to you.

8.7
We will give you reasonable notice if circumstances arise or are likely to arise that may result in an additional fee, and we will let you know the amount of the fee and the reason for it. We will also let you know if there is something you can do to avoid incurring the fee.

8.8
We reserve the right to charge a reasonable fee if you request information we hold about you on your Account, including call data information or other use of the Mobile Services. If you ask for a product or service that involves an additional cost, we will tell you the amount (where that cost is known) or provide an estimate of that cost.

Your Invoice

8.9
We issue invoices on a fortnightly basis, unless you have selected weekly or monthly billing. If you have any other services with us such as power or broadband, your Billing Date for Mobile Services will be the same as your Billing Date for those other services

8.10
You must ensure the email address you have supplied us with is correct and kept up to date.

8.11
Your invoice will clearly show the due date for payment which will be no less than two Business Days from the date of your invoices and will itemise:

8.11.1
the quantity and cost of Mobile Services supplied or estimated to be supplied;
8.11.2
the period each Charge relates to;
8.11.3
any Charges (the amounts payable may be rounded);
8.11.4
any taxes and levies;
8.11.5
any charges for other products or services supplied to you; and
8.11.6
any penalties or other Charges additional to our usual fees.

8.12
More detailed information about your Charges and use of our Mobile Services is available on the invoice. For more information please contact us on live chat.

Paying your invoice

8.13
All Charges listed on your invoice must be paid in full by the due date shown. You are not permitted to deduct or set off any amount from the invoice. You remain responsible for all Charges even if you have ceased to be supplied by us or are no longer our customer.

8.14
Information on payment discounts and other offers, if available, can be found on our website or by contacting us via live chat. You must comply with the specific terms and conditions of any discount or offer to be eligible.

8.15
When we receive payment from you, we may use that to pay any overdue amount before paying your current Charges.

Payment methods

8.16
Unless you are a Buddy linked to a Primary Account Holder’s Account, you must nominate a New Zealand bank account or credit card for invoice payments. You must ensure that the nominated account is up to date with sufficient funds to cover all due payments. You authorize us to debit your nominated account for amounts owed and you agree to our Direct Debits Authority Special Terms which are set out on our website.

8.17
If we have not otherwise received payment from you by the payment date specified in our invoice, payments will be debited from your nominated bank account at that time.

8.18
If you choose to pay us by credit card or bank account instant payment, a payment surcharge may also apply, these surcharges are detailed within the Service Fee section.

8.19
If you do not pay any amount which is due and payable under our agreement with you, or if payment from your nominated account is dishonoured, cancelled or refused, you agree that we can charge you our costs in collecting the amount you owe us (including bank fees, credit agency fees, legal and court fees) and exercise our rights to end our agreement with you.

8.20
You may change your payment method via the My Account section of our website. You must make the change at least 24 hours before a scheduled payment, otherwise the change may not occur.

8.21
We do not offer alternative payment mechanisms.

Problems paying your invoice

8.22
If you fail to pay any of our Charges in full and by the due date, without prejudice to any other rights we have, we may register your payment default with a credit reporting agency and/or suspend, bar, re-direct, restrict your use of all or any of the Mobile Services or terminate your use of any Mobile Services we provide to you without giving you prior notice. Subject to any applicable laws and regulations, we may also suspend or terminate your use of any other services we provide you. If we suspend, bar, re-direct or restrict the Mobile Services you will continue to be liable for all outstanding Charges.

Initial deposit

8.23
When you become a Primary Account Holder or your payment method, you authorise us to make a Direct debit of $4.99 within five days from your nominated bank account or credit/debit card for our security and verification purposes. This deposit will be credited against your next invoice and is non-refundable.

8.24
If payment of the deposit is not cleared by your bank, or if we have any other difficulties verifying your nominated bank account, one of our support team will contact you. That person may require you to re-verify your bank account details.

8.25
If we are unable to contact you, or your payment remains unable to be processed, within five Business Days of the initial failure you will not be able to become a customer at that time and our agreement with you will end. You can then choose to re-apply to be our customer if you wish to.

Payment arrangements

8.26
If we have agreed a payment arrangement with you, you must keep to the terms and conditions of that arrangement. If you do not honour that arrangement, we may disconnect any Mobile Services we provide to you.

Late invoices

8.27
You must let us know immediately if you do not receive regular invoices from us. You will still be responsible for all Charges during the period covered by the late invoice.

Incorrect invoices

8.28
If we have made an error with our invoice (irrespective of the cause) and undercharged you or we have failed to invoice you at all, we will issue or adjust the relevant invoices, and our normal payment terms will apply (subject to adjustment as noted under Late Invoices). Any amounts you are required to pay will take into account whether you have contributed to the error or could reasonably have been expected to know about it.

8.29
If we have made an error with our invoice (irrespective of the cause) and overcharged you, we will promptly credit any overcharged amounts.

8.30
No interest is payable on any amount that has been overpaid or underpaid.

Disputed invoices

8.31
If you dispute any amount shown on your invoice, you must let us know immediately. You will need to tell us the amount in dispute and why you are disputing it. We will investigate the disputed amount as quickly as possible. In some circumstances, this may involve seeking information from our Network Providers or other third parties.

8.32
When you are disputing part of an invoice, you still need to pay all other amounts not in dispute.

Debt collection costs

8.33
You must pay us or our debt collection agency any costs incurred in recovering all Charges you are required to pay under our agreement with you. This includes collection costs, revenue costs, legal fees, administration fees and/or other costs related to late or non-payment. This obligation continues after you have ceased to be supplied by us or otherwise are no longer our customer.

GST, levies, and taxes

8.34
We will add GST, levies, and taxes (at the applicable rates) to our Charges. Our Charges may be expressed as GST inclusive or GST exclusive.

9. Lost or Stolen Mobile Phone or SIM card

9.1
You must ensure your Mobile Phone and SIM card are kept secure at all times. In case of loss, theft, damage, or unauthorized use of your or your End User's (including any Buddy’s connected to your Account) SIM card, contact us via live chat or email immediately to request a complete or partial suspension of your Account and/or Connection. Buddies should also do the same for their SIM cards, with Primary Account Holders able to request suspensions for Buddies as well. Once suspended, the affected SIM card cannot access Mobile Services or incur further charges on your Account.

9.2
If your, or your End User’s, Mobile Phone is lost or stolen then as well as suspending your Account and/or Connection in accordance with clause 9.1 above, you can also blocklist the affected Mobile Phone by contacting us on live chat or email. A Primary Account Holder cannot blocklist a Buddy’s Mobile Phone - only the Buddy can do that. Once the Mobile Phone is blocklisted, no person will be able to use that Mobile Phone on the Network or another New Zealand mobile network. Mobile Phone blocklisting alone will not prevent further unauthorised use of Mobile Services or the accrual of further Charges under your Account, you must suspend your Account to prevent unauthorised use of Mobile Services under your Account.

9.3
Once you or your End User (or Buddy) recovers the lost or stolen device, contact us to lift any suspension or blocklisting.

9.4
You will be responsible for any Charges incurred on your Account up until the time that we suspend your Account and/or Connection (including Buddy’s Connection) in accordance with clause 9.1 We are not liable for any loss you may suffer as a result of the loss, theft, damage, destruction or unauthorised use or misuse of your Mobile Phone or SIM card, unless they are in our care at the time.

9.5
During any suspension of your Account and/or Connection you will remain liable for any outstanding Charges and any applicable specific Mobile Services terms and conditions will continue to apply to you.

9.6
If your SIM card is lost or stolen, and your Account/Connection is suspended per this Agreement, we can transfer your Account to a replacement SIM card upon request, subject to identity verification or other checks. We may charge a reasonable fee for the replacement SIM card or transfer.

10. Your obligations when using the Mobile Services

You must:

10.1
not use our Mobile Services in a way which:

10.1.1
is illegal;

10.1.2
breaches your agreement with us;

10.1.3
infringes anyone’s rights; or

10.1.4
is malicious, obscene, or offensive including nuisance calls or communications (including spam);

10.2
not use any Mobile Phone which masks or in any way alters the true point of origin or termination of any call or other transmission over the Network;

10.3
not resell any Mobile Service;

10.4
use our Mobile Services in a reasonable and responsible manner and comply with any reasonable restrictions or directions from us regarding the use of our Mobile Services;

10.5
ensure that all provided information is correct and promptly update any changes;

10.6
agree that we can act on any verbal instructions you provide regarding the Mobile Services; and;

10.7
comply with the Fair Use Policy, and understand that we and/or our Network Providers may enforce the Fair Use Policy where either of us reasonably believe, acting in good faith, that your usage of the Mobile Services is excessive and/or unreasonable as detailed in the Fair Use Policy. In addition to the standard Fair Use Policy, specific fair use terms may also apply to certain Mobile Services as communicated in the terms and conditions applicable to such Mobile Services, the relevant Plan or on our website.

Passwords

10.8
You are responsible for the security of your account passwords and for any actions taken using your Account.

11. Hardware

11.1
We do not warrant that any Mobile Phone or other equipment supplied to you by someone else, and which has not been approved by us, will be compatible with the network or will support your use of the Mobile Services.

11.2
If any Mobile Phone or other equipment supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem, which may be covered by the warranty (if any) offered by the relevant supplier or manufacturer.

12. Consumer protection laws and Liability

12.1
If you are acquiring the Mobile Services for the purposes of a business, or if you indicate to us you are doing so, then we both acknowledge and agree that:

12.1.1
we are each ‘in trade’;

12.1.2
any Mobile Services or Mobile Phones or other goods supplied to you and acquired by you under this Agreement are done so for a business purpose; and

12.1.3
the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted at law, and do not apply.

12.2
If you are acquiring the Mobile Services or any Mobile Phones or other goods under this Agreement other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement.

Forces outside our control

12.3
We are not liable for delays or failures to provide the Mobile Services caused by events beyond our control.

Liability

12.4
As a consumer you have rights under consumer laws, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in this Agreement affects any rights you have, or any obligations we owe you, under those.

Our liability to you

12.5
If we or any of our officers, employees, contractors or agents, or our Network Provider or any Network Operator, are ever liable to you for losses arising from a breach of these terms and conditions or for our negligence, our maximum combined obligation to pay damages or losses is limited to $5,000 for any single event or series of closely related events and a total of $10,000 in respect of all events in any 12 month period. This limitation does not apply to your obligation to pay any Charges or mobile repayment option installments, or for any loss or damage caused by fraud, wilful breach or wilful damage.

12.6
We will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims. We are not liable for loss to the extent that it is caused or contributed to by you.

Your liability to us

12.7
You accept your liability to us for your breach of your agreement with us or your negligence. However, you are not liable for loss to the extent that it is caused or contributed to by us.

12.8
Your liability to us under clause 12.8 is limited to $5,000 for any single event or series of closely related events and a total of $10,000 in respect of all events in any 12-month period. This limitation does not apply to your obligation to pay any outstanding Charges or mobile repayment option installments, or for any loss or damage caused by fraud, wilful breach, or wilful damage.

Minimise your loss

12.9
If you suffer any loss because of your agreement with us, you must take reasonable steps to avoid or minimise your loss. We are not liable for any loss that results from your failure to take those reasonable steps. Also, we will never be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, or business.

13. Termination and suspension

13.1
Where you wish to terminate your Mobile Services or any part of your Mobile Services, you must do so:

by emailing us or

by contacting us on live chat through our website,

We will then immediately stop supplying the Mobile Services you have requested, unless you request the Mobile Services be terminated at a future date (in which case we will terminate your Mobile Services and stop supplying your Mobile Services from that requested date). If you are transferring your Mobile Services to another provider, we recommend you let us know your new connection date and then let us know so we can terminate your Mobile Services with us on that date.

13.2
We can terminate this Agreement your Account and/or suspend or restrict any Connection to any Mobile Services immediately at any time without notifying you if:

13.2.1
you have not complied with these terms and conditions, or with any other terms and conditions applicable to your use of the Mobile Services (including any Network Provider's terms and conditions that apply to you);

13.2.2
we reasonably believe that you have supplied incorrect or misleading information to us;

13.2.3
you fail to pay any of our fees and Charges in full and by the due date and after we have provided you at least 5 working days’ notice;

13.2.4
you are adjudicated bankrupt;

13.2.5
you or anyone who makes use of your Mobile Service (with or without your authorisation) damages our or a Network Provider's network or puts our or a network supplier's network at risk;

13.2.6
you harass, abuse or threaten our team members;

13.2.7
the Network Provider or any key service provider to us requires us to cease providing Mobile Services to you under any agreement with them or our agreement with them comes to an end;

13.2.8
you fail to pass any credit check which we may reasonably consider necessary from time to time;

13.2.9
you no longer meet the eligibility rules for the Mobile Services; or

13.2.10
we terminate or are entitled to terminate any other agreement we have with you; or

13.2.11
you tamper with or modify any SIM card issued to you by us.

13.3
If your Mobile Services are terminated for any reason you must still pay us for your use of the Mobile Services provided to you up to the date of termination which may also include Charges to the end of your billing period.

13.4
You acknowledge that any Add-on benefits will be lost on termination of your Account.

13.5
If your Account and/or any Connection(s) to Mobile Services is either suspended or terminated in accordance with this clause:

13.5.1
we may charge you a reconnection charge before you are able to recommence using the Services and you may need to buy a new SIM card;

13.5.2
you may lose your allocated or selected Mobile Phone Number (unless you have Ported the Mobile Phone Number to another Mobile Telecommunications Provider);

13.5.3
you may lose any data stored on your SIM card or contained in your voicemail account; and

13.5.4
you must return your SIM card to us if we so request.

14. Privacy

14.1
Our Privacy Policy sets out all you need to know about how we and our Network Provider may collect, use, disclose, store, and protect any personal information collected about you while providing you Services. Please ensure you have read and understood our Privacy Policy which forms part of our Agreement and is published by us at www.electrickiwi.co.nz/legal/privacy-policy.

14.2
You also agree Content transmitted or accessed through our Services may be disclosed to third parties if required to do so by law (including under the Telecommunications (Interception Capability & Security) Act 2013).

14.3
You agree to obtain from each of the End Users their authorisation for the collection, disclosure, and use of personal information about him or her by us in accordance with our Privacy Policy.

Information we need from you

14.4
Our Privacy Policy (available on our website at www.electrickiwi.co.nz/legal/privacy-policy) forms part of our agreement with you. It describes how we will collect, hold, use and disclose information and if applicable, how we will comply with the Privacy Act 2020.

14.5
We may change our Privacy Policy at any time in accordance with the law.

14.6
You must provide us with, and you authorise any other person who holds information about you or the members of your household and your property to disclose to us, any information we reasonably request in relation to our agreement with you. We may require information from you to confirm your identity and may require a copy of a form of identification, such as a driver’s licence.

14.7
Any information you provide to us must be correct and complete. You must let us know as soon as possible if any information you have previously provided to us becomes incorrect or changes.

14.8
You can ask us for access to any personal information we hold about you. If you believe that information is incorrect, you can ask us to correct that information.

14.9
You agree to procure from each End User their authorisation for the collection, disclosure and use of personal information about the End User by us.

Information we need from third parties

14.10
We may verify information or collect information about you from:

14.10.1
other organisations or people such as credit agencies, any Network Provider and other suppliers;

14.10.2
debt recovery or credit checking agencies or our lawyers for the purpose of reporting on your payment history, collecting outstanding moneys or credit checking, and other suppliers in New Zealand or their agents for credit reference and credit checking purposes; an

14.10.3
any person in connection with any dispute organisation or scheme that we are a member of and any person to whom we are required to disclose such information either by law or in compliance with industry codes and standards, and you agree that those other persons may retain and disclose such personal information for so long as is reasonably required for their lawful purposes.

14.11
Our officers, employees, contractors and agents, including debt recovery and credit checking agencies, to whom we may disclose your personal information may:

14.11.1
pass and disclose that information to other debt recovery or credit checking agencies and their subscribers;

14.11.2
use that information for the purposes of debt recovery or credit checking;

14.11.3
publish that information on their debt recovery or credit checking databases; and

14.11.4
provide that information to third parties for purposes of checking repayment history or creditworthiness.;

Storing your personal information

14.12
We will keep your information secure and, for individuals, will hold your personal information in accordance with the Privacy Act 2020

Using you information

14.13
You authorise us to use, disclose and match any information about you and your Mobile Services for the following purposes, including:

14.13.1
for any purpose authorised by you, including communicating with authorised persons and alternate contacts;

14.13.2
to confirm your identity;

14.13.3
to supply any products or services you have asked for;

14.13.4
to administer your account (including invoicing you, sending notices or communicating with you);

14.13.5
to help improve our customer service, including monitoring and following up questions and complaints;

14.13.6
to help develop and/or improve products and services;

14.13.7
to inform or contact you about our products, brands, special offers, publications, and other promotions we think you may be interested in (including via email or other electronic communications);

14.13.8
to conduct market research, including to disclose to a market research organisation for the purpose of contacting you or conducting market research on our behalf;

14.13.9
to meet the requirements of the law, industry rules and codes of practice;

14.13.10
to meet the requirements of our upstream suppliers;

14.13.11
to disclose to our related companies, as defined in the Companies Act 2020;

14.13.12
for credit checking, credit reporting or debt collection, which may involve disclosure to a credit reporting agency. This information may be used by the credit reporting agency to update and maintain credit information files and may, in turn, be accessed by its customers;

14.13.13
to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences;

14.13.14
to verify your credit and payment history with your previous service provider;

14.13.15
to disclose to a Network Provider for the purpose of installing, maintaining, or operating the network or communicating with you.

14.13.16
to disclose to the Commerce Commission, or any other government agency or regulatory body, industry body or relevant industry complaints scheme

14.14
In addition, there may be occasions where we disclose your information in other ways that are in accordance with the Privacy Act 2020.

Communications we have with you

14.15
We may record any communications we have with you, your authorised person or alternate contact to:

14.15.1
maintain accurate records of our dealings with you;

14.15.2
confirm our contractual commitments to each other, and

14.15.3
help resolve any disputes between us.

14.16
We may also use recordings to train our employees and authorised agents and/or to monitor the level of service they are providing

15. Liability of other Network Operators and Suppliers

15.1
We and our Network Provider have certain obligations towards other Network Operators 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 Mobile Services we provide or from your use of those Mobile Services. This clause creates an obligation for the benefit of other Network Operators and/or our suppliers and may be enforced or otherwise relied upon by them.

16. Intellectual Property

16.1
All rights, including copyright in the Mobile Services and their content, belong to us, our Network Provider, or our licensed source, such as a content provider. We and they reserve all our and their rights.

16.2
The “Kiwi Mobile” trademark and other related images, logos and names on the Mobile Services are proprietary marks of Electric Kiwi Limited. Electric Kiwi reserves all their rights.

17. Content

17.1
Third Party Content is for your personal use only. You may not forward, copy, reproduce, re-sell or distribute Third Party Content or interfere with it in any way. You acknowledge that this obligation is also expressly for the benefit of our third party suppliers and contractors.

17.2
We are not responsible for any Content, or for any loss whatsoever that you may suffer in connection with your accessing any Content that does not originate directly from us.

17.3
You agree that you are responsible for ensuring that you have the right to send all Content that you send when using the Mobile Services. We may alter Content that you send using the Mobile Services in order to enable the delivery of that Content to the recipient.

18. Complaints

18.1
If you have a complaint against us please tell us as soon as possible by logging into your Electric Kiwi account and sending us a message through live chat via the My Account section on our website or emailing us. Our dispute resolution process is free.

18.2
Once we have received your complaint, we will reply to you to confirm we have received it. We will also determine if your complaint is related to Network Provider services or our Mobile Services. If it's more appropriate for a third party (such as a relevant Network Operator) to handle your complaint, we may refer it to them and notify you of this, including the name of the relevant company.

18.3
If it takes us longer than 20 Business Days to resolve your issue, we will inform you of the reason, the additional time required, and discuss your options.

18.4
If you are not satisfied, we are a member of the Telecommunications Dispute Resolution (TDR), a free and independent complaints resolution service. If you are dissatisfied with the resolution, or if we can't resolve your complaint within 20 Business Days, you can escalate your complaint to TDR (www.tdr.org.nz) (Free Phone: 0508 98 98 98). You have 36 months to lodge a complaint with TDRL from the time when you first discovered the event or issue giving rise to the complaint. You may also take your complaint to the courts or the disputes tribunal. Note: all complaints must first be registered with Electric Kiwi before referring them to TDR.

18.5
Nothing in this clause 18 shall limit either party’s right to pursue court proceedings seeking a remedy or relief for any breach of this Agreement by the other party.

19. Contacting you

19.1
We may send any notice or invoice to you by using the email you have provided to us or via the My Account section of our website. Notices are deemed received the day after they are sent.

19.2
You need to let us know if any of your email contact details change.

20. Changes to our Agreement

20.1
We may change our Agreement and/or vary any mobile Service at any time in accordance with this clause 20.

20.2
We reserve the right to make urgent changes to this Agreement at any time and without your consent to reflect any legal, regulatory or industry requirement, or change affecting our product offerings or the conduct of our business generally, or for security or technical reasons.

20.3
We may also change this Agreement without giving you prior notice if we reasonably believe that a change is likely to benefit you or have no impact on you

20.4
We will give you 30 days’ notice before making any changes that increase your Charges or reduce your Plan benefits.

21. General

Applicable law
21.1
These terms and conditions are governed by New Zealand law.

Assignment
21.2
You may assign your obligations under this Agreement with our prior written consent, which will not be unreasonably withheld.

21.3
We can transfer our rights and obligations under our agreement with you to anyone else. We will notify you if we do so.

Delay
21.4
A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

Each Term Separately Binding
21.5
If any term of this Agreement is held to be illegal, unenforceable, invalid, or void this will not prejudice or effect the legality, enforceability or validity of the remaining provisions of this Agreement which will continue in full force and effect.

22. Defined Terms

What some of the words used in this document mean:

“Account” means your account with us which includes our records of your usage (including any usage by End Users or Buddy connected to your Accounts, where applicable), payments and outstanding Charges in respect of any Mobile Services and/or Connection provided to you in accordance with this Agreement.

“Activation” means the successful completion by you (or Electric Kiwi, where applicable) of the set up process for an Account (and “Activate” shall be construed accordingly).

“Additional Terms” mean any additional terms (including any applicable end-user terms of our service partners), as notified from us to you, applying to a particular product, Plan, or Mobile Service supplied to you.

“Add-on” means any bundle of Mobile Services purchased by you in addition to the Plan (including any calling, text, data or Content bundle).

“Billing Date” means the day on which your Bill will be sent to you by email and/or made available to you via the My Account section of our website.

“Business Day” means any day not including a. Saturday or Sunday or any public holiday.

“Buddy” means a customer who has been linked to a Primary Account Holder’s account for billing purposes.

“Charges” means all Plan Charges, access charges, services costs, usage charges and any Mobile Phone repayment charges payable in accordance with the terms of any Mobile Service and any additional charges payable by you (including Charges incurred by a Buddy, if you are the Primary Account Holder) in respect of the Mobile Services.

“Connection” means a connection to the Network using a SIM card issued by us or our Network Provider.

“Content” means information, data, communications, images and sounds, software or any other material contained on or available through the Mobile Services.

“End User” means an identifiable individual who uses the Mobile Services (and “End Users” shall be construed accordingly. Depending on the context, End User may or may not include Buddy’s connected to a Primary Account Holder’s Account.

“Endless NZ Data” has the meaning given in clause 4 of these terms and conditions.

“Fair Use Policy” means our Fair Use Policy published on our website, as amended from time to time.

“Minutes” means the number of free calling minutes made available to you in accordance with the terms of your Plan.

“Mobile Phone” means the personal GSM mobile phone, handset or other terminal or device approved for use on the Network and used by you with a SIM card to connect to the Network.

“Mobile Phone Number” means the mobile phone number allocated to you by us or selected by you from our available mobile phone numbers (where this Mobile Service is available) or which you Port from another Mobile Telecommunications Provider.

"Mobile Services" means the mobile telecommunications services and related products and services made available by us and/or our agents or approved third party suppliers to you pursuant to this Agreement, including under any Plan or Add-on.

“Mobile Telecommunications Provider” means a provider of mobile telecommunications services to consumers in New Zealand.

“Network” means the New Zealand mobile cellular network through which Mobile Services are provided, comprising the mobile cellular network owned and operated by our Network Provider, as modified, upgraded or expanded from time to time. To the extent that it is applicable it also includes the equipment that we use to provide the WiFi Calling service, but excludes in its entirety the WiFi broadband part of that service.

"Network Operator" is any entity with whom we or our Network Provider has entered into an interconnection or international roaming agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity.

“Network Provider” means 2degrees, and any third party with whom we have an arrangement to resell services.

“Offer Summary” means any document published by us describing the characteristics and other details relevant to your Plan. These may change from time to time.

“Plan” means the relevant plan(s) for Mobile Services that applies to you, as published or advised by us. These may change from time to time.

"Port" means to transfer a mobile phone number from one Mobile Telecommunications Provider to another (and words such as “Porting”, “Ported “and “Porting Process” are construed accordingly);

“Primary Account Holder” means a Kiwi Mobile customer that has Buddy’s linked to their Account.

“Promotional Terms” means the relevant terms and conditions which govern a promotion we make available from time to time as part of a supply Plan.

“Related Services” means the supply of goods and services related to the supply of Mobile Services to you, including the provision of handsets and SIM cards.

"SIM card" means the Kiwi Mobile subscriber identity module used with a Mobile Phone to enable access to the Network and use the Mobile Services.

"Special Terms” means the relevant terms and conditions which govern a supply Plan.

“Terms for Local and Mobile Number Portability” means the requirements for local and mobile number portability determined under the Telecommunications Act 2001.

“Third Party Content” means Content which you may access or is provided to you.

“Unlimited Calls” has the meaning given in clause 6 of these terms and conditions.

“Unlimited Text” has the meaning given in clause 7 of these terms and conditions.

“we”, “us” and “our” refer to Electric Kiwi, and where the context permits, includes their officers, employees, contractors, agents, successors and assignees.

“you” and “your” refer to you, our customer.