Our lawyers made us do it
1. Our agreement
- If you have a Skinny Prepaid connection that operates on our Network then you will need to read the terms and conditions set out below (the Skinny Prepaid Agreement or agreement) which govern our contractual relationship with you for the provision of Skinny Prepaid Services on our Network.
- This agreement applies from 1 December 2011.
- We may amend this agreement from time to time. The latest version of the agreement is published on the Skinny Website. Please check the Skinny Website regularly for updates.
- You will also be bound by the specific terms and conditions published on the Skinny Website relating to your Prepaid Plan and any specific terms and conditions relating to the Services you use, like mobile data services. If there is any conflict or inconsistency between:
(a) the terms and conditions set out in this agreement; and
(b) the terms and conditions relating to your Prepaid Plan or the specific terms and conditions relating to the Services you use,
then the terms and conditions relating to your Prepaid Plan or the specific terms and conditions relating to the Services you use will prevail over the terms and conditions of this agreement.
This agreement contains various words and expressions that have defined meanings. These defined words and expressions have the meanings set out below:
"Additional Services" means optional services offered by us in connection with the Skinny Prepaid Services (such as data, SMS, Roaming, and Video Calling) which may incur a fixed recurring Charge and/or other standard or casual Charges. You can find more information about these services, including which ones are available to you and the Charges for using them, on the Skinny Website
"Charges" means charges for access to and use of the Services
"Content" means information, images and sounds, communications, software, application or any other material made available through the Services and includes wireless data and internet content
"Fair Use Policy" means a fair use policy as referred to in clause 4.10, as amended from time to time
"LMNP Terms" means the Terms for Local and Mobile Number Portability in New Zealand, as amended from time to time
"Mobile Phone" means the mobile phone or other telecommunications device (which incorporates a SIM) which operates on our Network and is used by you to access the Services
"Mobile Service Provider" means a provider of mobile telecommunication services
"MMS" means the multimedia messaging service, which allows you to send messages that include multimedia content such as images, audio and video.
"Network" means the telecommunications system owned by us and/or any of any Related Company which we use to provide the Services to you and other customers, including our WCDMA network
"PIN" means a personal identification number which is necessary for protection from non-sanctioned access to your SIM
"Port" or "Porting" means the process of transferring your mobile phone number from one Mobile Service Provider to another Mobile Service Provider
"Prepaid Plan" means the relevant Skinny Prepaid Service pricing plan you choose from time to time
"PUK1 Code" means a personal unblocking key code which can unblock your SIM
"Roaming" means an Additional Service that allows you to use your Mobile Phone in countries other than New Zealand
"Services" means the mobile telecommunication services offered by us to you under this agreement, including the Additional Services, and anything else we do or provide in connection with those mobile telecommunication services, which may or may not incur a Charge
"SIM" means any subscriber identity module (SIM) that we may have provided to you which enables you, when used with a Mobile Phone, to access the Services on our Network
"SMS" means a short message service, which is a form of text messaging on Mobile Phones
"Related Company" means Spark New Zealand Trading Limited or any company which is a direct or indirect subsidiary of Spark New Zealand Trading Limited, or who would otherwise be deemed to be a related company of Spark New Zealand Trading Limited in accordance with section 2 of the Companies Act 1993;
"Skinny Customer Services" means Skinny Customer Services, which is contactable on 0800 475 4669 (0800 4SKINNY), or on 204 from your Skinny Mobile Phone, or by using such other contact details which are updated by us on the Skinny Website
Skinny Dollars means the loyalty points, if any, that have been earned by purchasing certain pre-approved Skinny products.
Skinny Mobile Menu means the menu that is accessed by dialling *888# on your Skinny Mobile Phone
"Skinny Prepaid Account" means the account which records details of the amount of credits you have available from time to time
"Skinny Prepaid Services" means voice, SMS, data and any other Services provided by us where you pay the Charges in advance by purchasing credit before using the Services
"Skinny Website" means our website at www.Skinny.co.nz or such other website that we notify you of from time to time
"we", "our" or "us" means Skinny, a division of Spark New Zealand Trading Limited, trading under the brand Skinny
"you" or "your" means the customer who is party to this agreement
3. Commencement of agreement
This agreement starts when you are first allocated a Skinny mobile phone number to use with your Skinny Prepaid Account or when you first credit your Skinny Prepaid Account or when you first use the Services, whichever happens first.
4. Provision of Services
- 1. Skinny Prepaid Services allow you to make and receive most local, national and international calls (when within our Network coverage area) using a Mobile Phone, and access a range of other Services. You will need a Skinny SIM and a compatible Mobile Phone to be able to connect to our Network and use the Services
- We will try our best to provide quality Services to you at all times. But, because of the nature of mobile telecommunications, at times our ability to do so will be affected by factors outside of our control including, but not limited to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use our Network at the same time or faults in our Network or other networks used by us to provide the Services to you. We cannot guarantee continuous or fault-free Services
- The quality, speed and coverage of the Services also depends partly on your Mobile Phone, partly on our Network and partly on other telecommunications networks
- The Services may also be unavailable at times due to maintenance, repairs, upgrades or modifications to our Network or other networks used by us to provide the Services to you. Where it is within our control, we will try to keep such unavailability to a minimum
- You will be charged for each MMS message that is sent from your Mobile Phone (e.g. the 'send' button is pressed and the mobile indicates the MMS is sent). MMS messages will be charged at Skinny's standard MMS rate per message to NZ mobile networks. Our MMS service is not available or suitable for use while roaming or for sending to international networks from your Skinny Mobile Phone within NZ. The maximum file size of a MMS message is 600KB. If you attempt to send a MMS message over 600KB and/or if the message takes longer than 60 seconds to send, the message may be rejected (not delivered). Mobile Phones and/or our MMS system may automatically reduce the size and/or quality of a MMS message to fit within the maximum message size. It is your responsibility to check the size of a MMS message before you attempt to send it. MMS messages may be scaled by our MMS system to suit the receiving device's specifications, such as screen size and screen resolution. We cannot guarantee that any SMS and MMS messages you attempt to send will be successfully delivered or received.
- Roaming relies on the use of overseas telecommunication networks which we do not control and therefore we cannot guarantee the quality of any Roaming services. Some Services, such as video calling and data, may not be available while Roaming. The use by you of overseas telecommunication networks will be subject to our available roaming destinations and the terms and conditions of the relevant network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement
- You agree to:
- comply with all your obligations in this agreement;
- provide us with all information we reasonably request in connection with this agreement and make sure that all information you give to us or to any third party retailer is accurate and complete;
- keep confidential, and do not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Services;
- not use your Mobile Phone or the Services in a way that is abusive or offensive or for an illegal, immoral or fraudulent purpose;
- not use your Mobile Phone or the Services in a way that interferes with any other person's use or enjoyment of the Services;
- not use your Mobile Phone or the Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;
- use our Services for personal use only and in accordance with clause 4.9 below;
- use only Mobile Phones and accessories approved for use with our Network and which comply with all relevant legislation and regulations;
- not connect a SIM you have obtained from us to any other telecommunications network, other than as is permitted by the Services we provide for example when you use our roaming services;
- follow the instructions and guidelines (including any Fair Use Policies) we give you about the use of the Services and your Mobile Phone;
- not do anything or introduce anything (including any virus) that may damage or harm our Network or equipment or any third party's network or equipment
- authorise us to conduct a credit check on you from time to time when we consider it appropriate;
- not sell or otherwise make the Services available to others or commercially exploit the Services or any Content in any way;
- never interfere with any part of our Network unless you have been authorised in writing by us to do so;
- authorise us or a person approved by us to remotely access your Mobile Phone in order to perform any tasks that in our opinion are reasonably necessary to maintain, alter or protect the integrity or performance of our Network or our Services or where we have been directed to do so by law;
- pay for the repair or replacement of any Mobile Phone or other equipment you rent from us, or which is loaned to you, which is lost, stolen or damaged;
- return any Mobile Phone or other equipment you rent from us, or which is loaned to you, when you give up or we stop providing the Services relating to that Mobile Phone or other equipment. If you don't return the Mobile Phone or other equipment we will continue to charge you rental for it, or may recover from you the replacement cost of the Mobile Phone, and may also come onto your property and remove our Mobile Phone or other equipment; and
- indemnify us and any Related Company against any legal action taken, or losses or costs we or any Related Company incur, in connection with your use of your Mobile Phone and the Services. The indemnity in this clause shall extend to our officers, employees, contractors and agents and those of any other Related Company
- You agree to make sure everyone who uses your Mobile Phone or SIM complies with the obligations and responsibilities set out in clause 4.7 above.
- Our Services are for personal use only, which means that they are for an individual person to use for reasonable personal and private use only. Any use of our Services for business use, or for large organisations or groups, is not personal use and is prohibited.
- Our Services are subject to our Fair Use Policy, whether or not they provide you with a prescribed allowance to use our Services. We may apply our Fair Use Policy where in our reasonable opinion your usage of our Services is excessive and/or unreasonable as detailed in this clause 4.10. We have developed our Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services. We will monitor usage patterns. If your usage of our Services (a) materially exceeds estimated use patterns over any week or month, (b) is inconsistent with either normal usage patterns and/or the types of uses and purposes for which we communicate that the Services are to be used for, and/or (c) includes activities such as auto-dialling, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (CTUs), then your usage will be excessive and/or unreasonable and we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of the Services and/or withdraw your access to the Services. We may publish on the Skinny Website additional terms, requirements and/or policies relating to fair use that apply to some or all of the Services which will provide further rules and details around how such Services can be used. We will do this to help us prevent spamming, bullying or fraud and to ensure that excessive use of such Services does not prevent our customers from enjoying such Services (for example, by affecting our Network or a specific cell tower).
- You agree that using the Services does not give you any rights in any part of our Network.
5. Mobile phone numbers
- Unless you Port a mobile phone number to us, we will allocate a mobile phone number to you for use with your Mobile Phone or SIM on our Network. The mobile phone number does not belong to you and you may not sell or otherwise transfer it. Any disputes regarding the allocation of mobile phone numbers will be determined by us in our absolute discretion and our decision will be final
- In exceptional circumstances, we may be required to change the mobile phone number you use with your Mobile Phone or SIM. Where we are required to change your allocated mobile phone number we will try and give you notice of this change. We will not be liable for any costs which may be incurred by you or anyone else as a result of this change
- If you wish to Port your allocated mobile phone number to another Mobile Service Provider:
- you will need to contact that other Mobile Service Provider;
- you will be responsible for taking all necessary steps to Port the mobile phone number, other than our obligations under the LMNP Terms; and
- you will be responsible for all costs associated with Porting the mobile phone number
- If you have not Ported the mobile phone number allocated to you prior to either the termination of this agreement, your Skinny Prepaid Account being deactivated or your access to the Services being disconnected, we may reallocate that number to another customer
- If you change from your allocated Skinny Mobile number, Skinny may make the original number available for future allocation to another person.
6. Wireless data and content
- If the Services provide links to third party sites and/or Content, we are in no way responsible for such links, sites or for the Content on any such sites. We have included these links for convenience only and this inclusion is in no way an endorsement of the applicable site or third party
- If the Services allow you to access Content that originates from you or third parties, we may monitor any Content made available by you or any third party and remove any Content we consider to be inappropriate or in breach of any law or third party right
- We are not responsible for:
- ensuring that any Content you access or make available through using the Services will be private or secure or free from viruses or other harmful things;
- any transactions you enter into, any dealings between you and any advertisers or third parties, or your participation in any promotions through use of the Services;
- any inaccuracies in any Content you obtain from the Services or any loss or damage arising from the use of, or reliance on, such Content;
- any corruption or loss of Content stored on, or transmitted over, our Network;
- any delay in your receipt of Content you select for transmission to your Mobile Phone; or
- fixing any faults in your Mobile Phone or SIM as a result of you accessing Content
- Unwanted programs or Content may be downloaded from the internet without your knowledge, which may give unauthorised persons access to your Mobile Phone. We are in no way responsible for any such unauthorised access or any damage or loss suffered as a result
7. Mobile phone and SIM
- Any SIM we supply to you remains our property and must be returned to us if this agreement ends. It is your responsibility to keep any SIM we supply to you in a good condition
- You must keep your Mobile Phone and the SIM secure at all times. We recommend that you use a PIN and other access code features provided with your Mobile Phone and SIM to ensure that only you are able to access and use the Services. You must keep all such PINs and access codes confidential at all times. We may assume that any request or instruction we receive is authorised by you if it is made from your Mobile Phone
- If a PIN is entered incorrectly three times in a row, the SIM will automatically block and it will not be possible to use it unless it is unblocked. To unblock the SIM you will need a PUK1 Code, which you can obtain from your SIM packaging or via the Dashboard section on the Skinny Website, or by calling Skinny Customer Services who can talk you through it. If you continue to block your SIM by incorrectly entering the PUK1 Code the SIM will be rendered useless after 10 attempts and you will lose names, numbers and other information stored on it. You will then need to purchase a new SIM which comes with a new PUK1 Code, if you wish to continue using the Services
- If you suspect your Mobile Phone or SIM supplied to you is lost or stolen you must immediately block your SIM via the Manage SIM page on the Dashboard section of the Skinny Website, or by calling Skinny Customer Services who can talk you through it. This will stop usage Charges to your account. You will remain liable for all Charges (including recurring charges) incurred in relation to the use of your Mobile Phone or the SIM, whether the Charges have been incurred by you or someone else. If your Mobile Phone is lost, stolen, damaged or destroyed, we will have no obligation to make a refund to you for the credit left on your Skinny Prepaid Account and you will need to purchase a new Mobile Phone and/or SIM if you wish to continue using the Services
- If equipment, including your Mobile Phone and SIM, supplied to you by someone else does not work properly, you need to contact the relevant equipment supplier or manufacturer, rather than us, about the problem. We are in no way responsible if this equipment supplied by someone other than us is damaged as a result of the unauthorised use on our Network, or if it does not work on our Network. We are under no obligation to take any action so you can access the Services using this equipment
- Any responsibilities we may have for a Mobile Phone or other equipment that you buy directly from us will be covered by a separate warranty or sales agreement for that Mobile Phone or other equipment
- You must pay the purchase price of any Mobile Phone or other equipment you buy from us. We will continue to own the Mobile Phone or other equipment until you have paid for it in full. The Mobile Phone or other equipment will be at your risk from the time it is received by you
- If you have a Mobile Phone that is SIM locked to our Network (a Skinny SIM Locked Mobile Phone), it is to be used exclusively on our Network and must not be unofficially unlocked, interfered with, or disassembled without our prior written approval. A Skinny SIM Locked Mobile Phone may only be unlocked by obtaining the manufacturers unlock code from the Skinny website, or by calling Skinny Customer Services who can talk you through how to do it. An unlock fee applies if network locking is removed from any Skinny SIM Locked Mobile Phone within the first nine months of being used on our Network (e.g. from the first time the Skinny SIM Locked Mobile Phone is turned on and connects to our Network). The unlock fee is usually $30 (including GST), unless otherwise stated. There is a limited number of times an unlock code can be entered and attempted in a Skinny SIM Locked Mobile Phone, so care must be taken to ensure the unlock code is entered correctly and in accordance with our authorised unlocking process. Any attempts by any person to unlock a Skinny SIM Locked Mobile Phone without using our authorised unlocking process will render any applicable warranty associated with that Mobile Phone void, and may cause technical issues and damage to the Mobile Phone or Services for which we will not be responsible or liable. To unlock your Skinny SIM Locked Mobile Phone, visit the Skinny Website or call Skinny Customer Services on 0800 4SKINNY who can talk you through it.
8. Charges and your account
- In order to use the Services you will need to have a Skinny Prepaid Account which is in credit, or have included quota remaining on an active Prepaid Plan. As Charges are incurred they will be deducted from the credit balance of your Skinny Prepaid Account. You can add additional credit to your Skinny Prepaid Account by; buying and redeeming a Skinny Prepaid Service card or voucher, Visa or MasterCard credit or debit cards, setting up an auto-top-up on your Skinny Prepaid Account or by using one of the other means of payment accepted by us from time to time. For more information on how to top up your Skinny Prepaid Account please refer to the Skinny Website or contact Skinny Customer Services. Subject to clause 11 (if applicable), any credit on your Skinny Prepaid Account is not refundable at any time (for cash or otherwise) including but not limited to when you do not comply with these Customer Terms, the Service Terms or any other terms we publish from time to time, or when any incorrect information, data or amount has been entered when using the Services (other than by us). No bill will be sent to you in relation to your use of Skinny Prepaid Services.
- Each Skinny Prepaid Service card or voucher has an expiry date printed on it and cannot be used after that date. We will not give refunds for any cards or vouchers not used by their expiry date. If you have a Skinny Prepaid Service card or voucher which has not reached its expiry date and appears to be faulty, contact Skinny Customer Services.
- The Charges for calls made from your Mobile Phone are set out in your Prepaid Plan. Generally, there is a minimum one minute charge for each call and calls are charged by the minute. Skinny's standard data rates are calculated based on usage and billed in 5KB blocks, rounded up to the nearest 5KB at the end of each session or every 15 minutes (whichever comes first), and a minimum charge of 1c per session applies. Skinny's data rates for included data in a Skinny Prepaid Plan is calculated based on usage and billed in 5KB blocks, rounded up at the end of a data session or every 15 minutes (whichever comes first) and a minimum charge of 20KB applies. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).
- SMS is charged per SMS sent. Please see your Prepaid Plan for more information about Charges for calls, SMS and data. The Charges for our other Services are set out on the Skinny Website. We may change our Charges from time to time and will notify you of any changes in accordance with clause 14.
- You are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Phone or SIM (with or without your knowledge). This includes when your Mobile Phone or SIM has been lost or stolen
- If the credit balance on your Skinny Prepaid Account is used up while you are on a call, the call will be disconnected. We will not be liable for calls being disconnected after your credit has been used up
- If the credit balance on your Skinny Prepaid Account is used up while you have an open data session, the session will be terminated.
- If you have no credit on your Skinny Prepaid Account or have no quota remaining on an active Prepaid Plan, you will not be able to make any chargeable outgoing calls (except to emergency services on 111 or to Skinny Customer Services or any other non chargeable calls) or use any other Services that would incur a Charge.
- You must add credit to your Skinny Prepaid Account at least once every 12 months, otherwise your Skinny Prepaid Account will be deactivated, or expired. When your Skinny Prepaid Account is deactivated all credit will expire. Any accrued Skinny Dollars will expire either on 12 months after last top-up or 2 December 2014, whichever comes first. You will not receive a refund for any unused or expired credit, Rollover Minutes or Skinny Dollars. If this happens, clause 10.2 will apply.
- If you damage or lose your SIM you can purchase a new SIM from the Skinny Website and transfer your number to that new SIM. The facility for transferring your number to a new SIM is within the Dashboard section of the Skinny Website, or call Skinny Customer Services who can talk you through how to do it.
- Customers with an active Skinny Prepaid Account may transfer credit from one Skinny Prepaid Account to another active Skinny Prepaid Account via the Skinny Mobile Menu. Skinny Prepaid Accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be able to use the credit transfer functionality.
- There may be a delay for roaming services charges to appear on your account because the information must first be provided to Skinny from the overseas network operator. Any delay in roaming services charges does not affect Skinny's right to charge you for your roaming charges, and you are liable for all charges incurred on your account or deducted from your prepaid balance while roaming.
9. Withholding, suspending or restricting services
- We may withhold, suspend or restrict your use of any or all of the Services or disconnect you from the Network without warning if:
- you or anyone who uses your Mobile Phone or SIM does not comply with the terms and conditions of this agreement (including the provisions of clause 6) or any other agreement with us, including any terms and conditions relating to Additional Services;
- you or anyone who uses your Mobile Phone or SIM damages our Network or puts our Network at risk;
- you harass, abuse or threaten our staff; or
- you notify us that your Mobile Phone or SIM has been lost or stolen
- When we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 9.1 above, you may have to pay a reconnection fee before you can use the Services again
- We may also suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading
- We reserve the right to change, suspend or withdraw part or all of any Services, including Additional Services, on giving reasonable notice
- Skinny Prepaid Accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be entitled to any credit remaining on the account, and will not be able to use the credit transfer functionality.
10. Giving up or ending services
- You may end this agreement at any time for any reason by:
- simply ceasing to add credit to your Skinny Prepaid Account at least once every 12 months (see clause 8.9 above); or
- porting your mobile phone number to another Mobile Service Provider, or
- contacting Skinny Customer Services.
- If this agreement ends for one of the reasons in clause 10.1:
- any unused Skinny Prepaid Service cards or vouchers you have will still expire on their expiry date;
- any unused credit on your Skinny Prepaid Account will lapse;
- any names, numbers and other information stored on your SIM may be lost; and
- unless we agree otherwise or unless it has been Ported prior to giving up the Services, any mobile phone number allocated for you to use under this agreement will no longer be available to you
- You may temporarily or permanently give up any Additional Service via the Dashboard section on the Skinny Website, or by calling Skinny Customer Services who can talk you through how to do it
- If this agreement ends or you give up any Service and later want it reconnected, you may have to pay a reconnection charge and purchase a new SIM.
- We may decide to stop providing any, or any part of, our Services to you. If we do this, we will try to tell you in accordance with clause 14.4 of this agreement.
- Ending this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards
11. Compensation and Liability
- Where a Service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know by visiting the Skinny Website or by calling Skinny Customer Services. Where we consider it appropriate, we will contribute to your expenses by adding credit to your Skinny Prepaid Account, to the value we consider appropriate in the circumstances. For us to consider your claim, you must tell us within one month after the relevant Service is affected. Credits and/or any other compensation are not available where such an event occurs because we are not given correct information, or where we have acted in accordance with our obligations and/or rights in this Agreement, or because you have not used your Mobile Phone or the Services appropriately, or through other causes beyond our reasonable control, nor are they available where you have not tried to minimise your loss.
- If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, or you indicate to us that you are doing so, you agree that the provisions of that Act do not apply to the Services we provide under this agreement. If you are not acquiring the Services for those purposes, the Consumer Guarantees Act 1993 may apply to the Services we provide to you. Any rights you may have under that Act apply in addition to the rights set out in this agreement and nothing in this agreement will limit or exclude your rights under the Consumer Guarantees Act 1993
- Clause 11.1 sets out your ability to claim compensation from us. Subject to clause 11.2 (if applicable), all other liability we may have to you in connection with this agreement, whether in contract, tort (including negligence) or otherwise is excluded. This exclusion applies for the benefit of the following people:
- us and any Related Company;
- network operators and mobile service providers other than us whose networks are connected to each other and to our Network;
- all companies directly or indirectly owned, partly owned or controlled by any of the companies and parties listed in clauses 11.3(a) and (b) above;
- all officers, employees, contractors and agents of all the companies and parties listed in clauses 11.3(a) and (b) above; and
- anyone else any of the companies and parties listed in clauses 11.3(a) and (b) above are responsible for.
- None of the companies or parties listed above are liable to you or has to pay you for anything else in connection with or resulting from anything any one of those companies or parties does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way any liability might arise if it were not for this clause.
- If for any reason the exclusion in clause 11.3 does not apply, then the maximum combined amount all the companies and parties listed in clause 11.3 (together) will have to pay to you and anyone claiming through you (together) in respect of claims in connection with this agreement is:
- $1,000 for any one event or circumstance or series of related events or circumstances; and
- $5,000 in the aggregate in respect of all events and circumstances in any 12 month period.
This limitation does not limit or exclude any rights you may have under the Consumer Guarantees Act 1993. Please see clause 11.2 for more information.
12. Force Majeure
If we are prevented from carrying out any obligation in this agreement by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances.
Our performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist and we will not be liable to you for a failure to perform, or delay in performing, any such obligation set out in this agreement.
13. Information about you
- While you have an agreement with us or any Related Company, you agree that we and any Related Company may collect information about you. The information may be obtained from you, from others, or generated within our Network when you or anyone else uses the Services or the services of any service provider approved by us. You may decide whether to provide any information any of us request from you. However, if you do not provide it, we and any Related Company may not be able to provide services to you. You may ask to see information that we or any of our Related Company holds about you and ask for any details that are wrong to be corrected
- We, any Related Company and, to the extent appropriate, any service providers approved by us, including service providers providing directory listing and directory assistance services, may hold information about you and share it to the extent appropriate with each other, with our employees, contractors and agents and any approved service provider and with credit reference and debt collection agencies. This enables us, any Related Company, agencies and approved service providers to provide services for you and others, send you bills, recover and report on money you owe and keep you informed of services available to you. Credit reporters may include credit checks and any defaults in payment to us and any Related Company in their databases and share this information with others who wish to conduct credit checks on you
- From time to time we may contact you about Skinny products and services and/or send you sales and marketing information about Skinny products and services, including within a reasonable time of this agreement ending. You can let us know at any time if you do not want to receive sales and marketing information via the Dashboard section on the Skinny Website or by calling Skinny Customer Services. You also agree that the sales and marketing information we send you electronically need not include an unsubscribe facility.
- We, and any Related Company, may:
- share with other network operators the mobile phone numbers allocated to you and any other information (not including your name and address) needed to enable you to make and receive calls through their networks; and
- share, to the extent appropriate, your name, address and the mobile phone numbers allocated to you with any of our agents or service providers for the purpose of providing the Services to you.
- We may occasionally monitor telephone calls between customers and our personnel so as to help train our personnel to provide better customer service. Any information we collect by doing this will be used in strict compliance with all applicable privacy laws.
- You must amend your details on the Skinny Website or by contacting Skinny Customer Services as soon as possible about any change to your name, address or any other details you have provided to us.
14. Changing these terms, Charges and Services
1. We may change any of the terms of this agreement, remove existing terms from the agreement, or add new terms into the agreement, at our discretion. Changes may take the form of a completely new agreement. We can do this without the need to obtain the consent of the companies and parties listed in clause 11.3
2. We will give you at least 10 working days' notice or, wherever possible, one month's notice of any changes that we consider will have a material detrimental effect on you. In all other cases we will try to give you notice of any change and/or publish the change on the Skinny Website
3. We may also change our Charges from time to time. Where we increase any Charges for any of the Services, we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes
4. We may also decide to stop providing any, or any part of, our Services to you. If we do this, we will try to give you a minimum of 10 working days' notice or wherever possible one month's notice before we stop providing the Service. The agreement you have with us will remain in place.
15. Sending notices
We may send you notices by sending you a text, via the Skinny Mobile Menu, by emailing or writing to you, by calling you, by publishing the notice on the Skinny Website or by issuing a public notice in the major newspapers.
16. Meeting our responsibilities through agents and service providers
We may have any Related Company or an agent approved by us or any service provider approved by us perform any of our rights and obligations under this agreement. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us.
17. Transferring our responsibilities
We may transfer to someone else all or any part of our side of the agreement you have with us. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person. If you are a business or company and your effective management is changed in any way, this will be treated by us as a transfer of this agreement and we will be entitled to end it.
18. More than one customer
Every person named as the customer in your application to use the Services must meet all of the customers responsibilities under this agreement, including the payment of any amounts owing to us by the customer in accordance with this agreement.
Each term of this agreement is separately binding. If for any reason any term is not legally effective all other terms shall remain binding and we can replace the term that is not legally effective with a term of similar meaning that is lawful and effective.
A failure or delay by you or us to enforce any rights or powers under this agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach.
21. Governing Law
This agreement is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of it.
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The following terms (the Service Terms) describe the terms and conditions that apply to Skinny Prepaid Services and Additional Services. The Skinny Customer Terms apply in addition to these Skinny Service Terms. Any defined terms used in these Service Terms have the same meaning as given to those terms in the Skinny Customer Terms.
If you have a Skinny Prepaid connection that operates on the Network then you will need to read and understand these Service Terms.
Changes to these terms
Skinny in its absolute discretion may change, add to and/or delete these Service Terms, including adding new terms at any time. However, if we consider that the change is material, we'll give you reasonable notice by publishing the change on the Skinny Website, sending you an SMS, notifying you via the Skinny Mobile Menu, by emailing or writing to you, by calling you or by issuing a public notice in the major newspapers.
Personal use only
Skinny's Services are for personal use only, which means that they are for an individual person to use for reasonable personal and private use only. Any use of our Services for business use, or for large organisations or groups, is not personal use and is prohibited.
You can choose to be either on a Skinny Prepaid Plan, such as one of our Combos, or a Combo with Add-Ons, or choose to use Skinny's Standard rates. Unless you select a Skinny Prepaid Plan, Skinny's Standard calling rates automatically apply to any usage. Skinny's calling Standard rates apply when you do not have a current Skinny Prepaid Plan e.g. you don't have a current Combo, calling Add-On, other Skinny Prepaid Plan that has remaining calling minutes included. Skinny's overage rates apply if you consume all the included minutes in your Skinny Prepaid Plan before its renewal date. If your included national voice calling allocation expires during a call, the remainder of the call will be charged at the overage rate. The minimum call charge for your Standard calling rates will be the full minute rate for each minute or part minute.
You can view our pricing including our calling Standard and overage rates here
To be able to initiate or continue a call you must have the equivalent of at least one minute worth of calling credit remaining on your Skinny Prepaid Account, or at least one included minute remaining on your Skinny Prepaid Plans included minutes. If there is no answer you won't be charged for the call (note, calls answered by a message service or answering machine are chargeable).
Combo and Add-On Details
For Monthly (30 day) Combos you can use your included mins, texts, and data for 30 days from purchase. Your Monthly Combos will auto-renew every 30 days if you have enough credit (unless cancelled).
For Weekly (7 day) Combos, included mins, texts, and data are only valid for subscribed 7 day period. Weekly combos auto-renew every 7 days if you have enough credit from date of purchase (unless cancelled).
Exceeding your combos allowance
If you have used all of your Skinny Prepaid Plans included calls or texts, you will pay Skinnys overage rates if you continue to use the Skinny Prepaid Services. You can view these overage rates here.
If you have used all your Combos included MBs before its renewal date, you will need to purchase a data Weekly, Monthly or One-Off Add-On or other Skinny Prepaid Plan that has MBs included, to be able to use data.
If youve subscribed to a Combo and you have sufficient credit in your Skinny Prepaid Account, your Combo will automatically renew when the Combo expires and your Skinny Prepaid Accounts credit balance will reduce by the value of that Combo, unless you cancel it earlier.
If you have selected a 7 day or 30 day Add-On in addition to your Combo your Add-On will renew 7 or 30 days after purchase if you have sufficient credit in your Skinny Prepaid Account and your Combo has auto renewed and is active.
You can cancel your Combo via the Skinny Mobile Menu, on your Dashboard page, on the Skinny Website or by contacting Skinny Customer Services. Once you cancel your Combo, you are no longer on an active Comb, it is immediately deactivated. Despite that Combo no longer being active, you can still use any unused calls, texts and/or data quota that remain on that cancelled Combo, and on any associated Add on, until its expiry date/time. However, you will no longer be entitled to any special rates or products that are only available for active combos i.e. Cheap International Calling Rates. If you cancel a Skinny Prepaid Combo, any associated Add-Ons, will also be cancelled. Neither your Combo nor Add-On will renew.
Unlimited Text Combo
Texts are standard person-to-person human finger use in NZ only to any NZ mobile network (excludes premium and non-standard texts, shortcodes, and other international numbers). Texts are not to be used for machine generated or automated texting.
Unlimited Skinny to Skinny Calling Mins and Unlimited NZ & AU Mins.
Unlimited Skinny Minutes are for standard person-to-person voice calls to standard NZ Skinny numbers (you need to be talking to another person). Unlimited NZ & AU Minutes are for standard person-to-person voice calls to standard NZ & AU numbers. Excludes premium and special numbers. Unlimited Minutes cannot be used for multiple simultaneous calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, continuously call forwarding, auto-dialing, machine-to-machine communication (including by using your SIM card in any other device), Cellular Trunking Units (CTUs), or any other activity that Skinny considers to be non standard personal usage (Prohibited Usage). If we consider that you are engaging in Prohibited Usage we may contact you and ask you to stop such usage. If such Prohibited Usage continues despite notification from us, we may remove your $16, $26 or $40 Combo immediately without notice. Premium rate numbers mean any international calls, 0900 calls, premium number calls, operator assisted calls, directory related services, chargeable special short code numbers and Prohibited Usage.
Rollover Data only applies to the included data on the $16, $26, and $40 Combos. Data in any Add-On with one of these Combos does not rollover. If you have any unused included data on your Combo renewal date, it will rollover provided your Combo auto-renews. If you move to another eligible Combo your Rollover Data remains valid. However, if you move to an non-eligible Combo your Rollover Data will expire. If your $16, $26, or $40 Combo failed to auto-renew at the end of its 30 day cycle your Rollover Data will expire. You can keep and use any Rollover Data for 12 months from the date of original purchase. Rollover Data on the $16, $26, and $40 Combos is for data usage in NZ only.
$16 and $26 Combo Rollover Minutes
Rollover minutes only apply to the NZ and Australian included Rollover minutes on the $16 and $26 Combos. Minutes in any Add-Ons with one of these Combos do not rollover. Included data and texts, and Unlimited Skinny minutes, do not rollover. Included Rollover Minutes are available to use for the full 30 days of your Combo. If you have any unused Rollover Minutes after 30 days they will rollover into your next 30 day Combo provided your Combo auto-renewed at the end of its cycle. If your $16 or $26 Combo failed to auto-renew at the end of its 30 day cycle your Rollover minutes will be frozen. To continue using these activate a new $16 or $26 Rollover Combo. You can keep and use all your Rollover Minutes for 12 months from purchase. Any Rollover Minutes you may have accumulated before the 4th of June 2014 on a $16 Combo will have no expiry and will be used before any new Rollover minutes. If your $16 Combo fails to auto-renew at the end of its cycle for any reason, or it is cancelled at any stage, you will lose all Rollover minutes you may have accumulated prior to 4th June (they will expire at the expiry date and time of your lapsed or cancelled $16 Combo). Rollover minutes on the $16 and $26 Combos and Unlimited Minutes on the $40 Combo are for voice calls in NZ to any NZ and Australian standard landlines and mobile networks. Excludes premium rate numbers, other international numbers and satellite phones. Standard person to person calls, Any non-personal, commercial, business, machine generated or automated use is prohibited.
Cheap International Calling Rates
You need to have an active Skinny Combo, weekly or monthly, to get Skinnys Cheap International Calling Rates. If you cancel your combo, or your combo fails to renew (for example due to insufficient Skinny prepaid account credit), you are no longer on an active combo - it is immediately deactivated - and you will no longer be entitled to these Cheap International Calling Rates. (You are still able to use any unused calls, texts and/or data quota that remain on that cancelled combo, and on any associated Add-On, until its expiry date/time.). These Cheap International Calling Rates apply to person to person calls made in NZ to the countries and types of phones (i.e. standard landlines, or mobiles as specified) and exclude calls to premium rate landlines. If calling from outside NZ, roaming charges apply.
Text Bomb Customers
Txt Bomb will not be available for any customers who join Skinny after 22 February 2013. Existing Skinny customers who are on the Txt Bomb combo between 18 February and 4 March 2013 can keep using Txt Bomb provided that it continues to automatically renew every week on their accounts. If you don't have enough credit on your account and it deactivates, or it deactivates for any other reason, you will not be able to re-subscribe to Txt Bomb again. Skinny Terms and charges apply.
Add-Ons can be added to active Combos Monthly or Weekly. You will be charged the full amount for your 7 day, 30 day or One-Off Add-On and receive the full included quota at time of purchase. 7 day Add-Ons have a separate 7 day expiry or renewal. 30 day Add-Ons have a separate 30 day expiry or renewal. Add-Ons will auto-renew if you have enough credit and your Combo has auto-renewed and is active. Add-Ons will also auto-renew if youve changed straight from one Combo to another i.e. Loose Lips to $16 Combo. If your combo failed to renew due to not enough credit but you reactivated it before your Add-On renewal date the Add-On will remain active and renew.
If you want to purchase the Add-On more than once you need to cancel it and purchase again through the Skinny Mobile Menu or Website. NOTE: there is a limit of ONE $1 Mates Rates 7 day Add-On or ONE $4 Skinny Mins 30 day Add-On with each $8 Text Unlimited Combo.
One-Off Add-ons are a one-off purchase and will not renew. The quota is only available to be used within a specified time frame e.g. 48hours. When you purchase a One-Off Add-on you will be charged and receive the full amount of quota in the Add-On to use before the expiry date/time of your One-Off Add-On. You can purchase multiple One-Off Add-Ons when on an active Combo.
How Add-Ons worked before 07 MAY 2014:
Weekly or Monthly Add-Ons will renew, or end, at the same time as your Combo. When you add a Weekly or Monthly Add-On to your Combo, the quota and charge will be pro-rated. For example, if you have subscribed to a weekly Combo, and you add a Weekly Add-On exactly midway through the week, you will only be charged 50% of the Weekly Add-On charge and be given 50% of that Weekly Add-On quota. The Add-On's full price and its full quota will be applied when your Combo and the Add-On renews together. You can purchase a range of Add-Ons on any active Combo. If you want to purchase the same Add-On more than once during your Combos cycle, you'll need to cancel your existing one first to be able to purchase it again, using the Skinny Mobile Menu (*888#) or the website. NOTE: there is a limit of ONE $1 Mates Rates weekly Add-On with any Weekly Combo or ONE $4 Skinny Mins monthly Add-On with each $8 Text Unlimited Combo. $4 Skinny Mins cannot to applied to any other Monthly Combo
Skinnys text Standard rates apply when you do not have a current Skinny Prepaid Plan, text Add-On, other Skinny Prepaid Plan that has remaining texts included. Skinny's overage rates apply if you consume all the included texts in your Skinny Prepaid Plan before its renewal date. All text messages are deducted from your Skinny Prepaid Accounts credit balance, or your Skinny Prepaid Plans included texts, once sent. It is your responsibility to ensure numbers are valid and correct. To be able to initiate a text you must have the equivalent of at least one texts worth of credit remaining on your Skinny Prepaid Account, or at least one included text remaining on your Skinny Prepaid Plans included texts.
A single text message is up to 160 standard characters. Most mobile phones can send text messages longer than 160 standard characters. To do this the text messages are adjoined into multiple text segments, with each text segment having a lower standard character count (usually 153 standard characters per text segment). Each text segment is charged as one text which results in a 161 to 306 standard character text being charged as two texts, 307 to 459 three texts, 460 to 612 four texts, and so on. However, some devices are configured to automatically convert long text messages into a MMS (Multimedia Messaging Service, or picture message), and as our charges are based on the type of message that is sent from the device, you will be charged for an MMS as a result. Non-standard characters such as Arabic, Chinese, Korean, Japanese or Cyrillic and emoticons (e.g. coloured smiley, grumpy or jumpy faces) use more capacity and therefore reduce the maximum character capacity of text messages further. For international texts or when roaming, a single text message or text segment standard character count can vary, but not below 140 standard characters per text.
You can view our pricing including our text Standard rates here.
Skinnys Data Standard Rates apply when you do not have a current Skinny Prepaid Plan Combo, Data Add-On, or other Skinny Prepaid Plan that has remaining data included.
Data is charged in increments of 5KB with a minimum of $0.01 per session. You can view our pricing including our data Standard rates here. To be able to initiate a data session you must have the equivalent of at least 1MB or $0.49 of credit remaining on your Skinny Prepaid Account, or at least 20KB of included data remaining on your Skinny Prepaid Plan included data.
Skinnys Standard and Overage data rates are calculated based on usage and charged as follows:
- billed in 5KB blocks;
- rounded up to the nearest 5KB at the end of each session, and
- a minimum charge of 1c per session applies.
Skinnys data rates for included data in a Skinny Prepaid Plan is calculated based on usage and charged as follows:
- billed in 5KB blocks;
- rounded up at to the nearest 5KB at the end of a data session, and
- a minimum charge of 20KB applies.
(Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB); 1024MB =1 Gigabyte (GB)) If you're subscribed to a Combo, and you consume all the included MBs before your Combos renewal date, you will need to purchase a Data Add-On (Weekly, Monthly or One-Off) or other Skinny Prepaid Plan that has MBs included, to be able to use data.
To purchase a 7 Day Data Add-On you must have an active Combo. 7 Day Add-Ons have a 7 day expiry and will auto-renew on this date if you have enough credit and your Combo is still active, or youve changed to a different Combo before the original Combo expired.
To purchase a 30 Day Data Add-On you must have an active Combo. 30 Day Add-Ons have a 30 day expiry and will auto-renew on this date if you have enough credit and your Combo is still active,or youve changed to a different Combo before the original Combo expired.
To purchase a One-Off Data Add-On you must have an active Weekly or Monthly Combo. One-Off Add-Ons will never renew, however multiple One-Off Add-Ons may be purchased. All One-Off Add-Ons have a specified expiry date e.g. 48hours, after which all One-Off Add-On data allocation will end.
Your data with the soonest expiry date shall be used first.
MMS is the multimedia messaging service, which allows various media such as pictures, video and audio to be sent and received by your Mobile Phone. MMS video messages are not the same as video calling. Information on video calling is included under the Other Services heading in these Service Terms. Skinnys standard MMS rates apply to any MMS messages sent to NZ mobile networks from your mobile phone. Skinny does not currently have any combos that include a MMS message allowance. MMS messages cost 50c per message to any NZ network. All charges for MMS messages are deducted from your Skinny Prepaid Accounts credit balance if a MMS message is sent from your Mobile Phone (e.g. you press send and the mobile indicates the MMS is sent). To be able to initiate a MMS message, you must have at least 50c credit remaining on your Skinny Prepaid Account.
The maximum file size of a MMS message is 600KB. If you attempt to send a file larger than 600KB, the message may be rejected and/or you may be charged for multiple MMS messages. If your MMS message takes longer than 60 seconds to send, the message may be rejected and/or you may be charged for multiple MMS messages.
It is your responsibility to check that your Mobile Phone is capable of sending, and is configured correctly to be able to send, MMS messages. Your Mobile Phone and/or our MMS system may scale MMS messages to fit within the maximum 600KB size. It is your responsibility to ensure MMS messages you attempt to send are not larger than 600KB. MMS messages may be scaled to suit the recipients devices specifications such as screen size and screen resolution.
Useful info when using data
To get the best value when you have a smartphone and use data on Skinny, it is highly recommended that you subscribe to one of our data Add-Ons. Many smartphones and other data devices, with mobile data switched on, may be set to consume data without user interaction. This can result in unexpected charges. If you do not wish to use data you may need to switch this off in your phone or data device. Skinny provides a text notification when you have 20MB and 0MB of your included data remaining on a Skinny Prepaid Combo, Add-On or Plan. However, it is your responsibility to manage your data usage and any associated costs.
You can monitor your data consumption of the included data on your Skinny Prepaid Plan through the Skinny Mobile Menu (*888*2*3#) and in the Dashboard part of the Skinny Website (View My Usage). In both cases the data balance remaining will only be accurate when mobile data is switched off, as there may be open data sessions running on your phone or data device if it is left on. Please also note that data, or mobile broadband, is not intended or designed for prolonged intensive data downloads or uploads (including file sharing and long duration streaming videos). Fixed broadband services are much more suited to intensive data transfer applications.
Notes on Data calculation
You can see your data usage and charges on our website skinny.co.nz - it is shown in the Dashboard: Account History section. You must be registered on this website to see this information. You can register here.
We want you to be able to clearly see and understand the amount of data you are charged.
Data usage and the amount of included data charged are presented in MB and decimals thereof. Because of the odd way that computer engineers calculate MB (i.e. 1MB = 1024KB) there is an oddity in the way that the 5KB rounding we use is applied and charges and data usage is presented on our website.
To reconcile your usage (or check our calculations) versus the amount of MB shown and charged on our website, you can do as follows:
- Convert your MB amount / duration to KB by multiplying by 1024. (Note that the MB amount / duration as displayed on the portal is truncated to 3 decimal places, so there is a chance that the 4th decimal place is something like a 9).
- Round up the KB amount / duration to the nearest 5KB.
- Convert the resulting amount back to MB by dividing by 1024 and round it to 3 decimal places.
As an example: Amount / duration of data use in session displayed on portal = 0.174 MB
Converted to KB = 178.17 (0.174 x 1024)
Roundup to nearest 5KB = 180 KB
Converted back to MB = 0.17578 (180 / 1024)
Cost of session as displayed = 0.176 MB
Operator assisted calls
You will be charged the full minute rate for each minute or part minute.
International Call and Text charges
You can view our International Call and Text charges here.
You can view our roaming charges here.
There may be a delay for roaming services charges to appear on your account because the information must first be provided to Skinny from the overseas network operator. Note that this may take weeks in some cases. Any delay in roaming services charges does not affect Skinny's right to charge you for your roaming charges, and you agree to pay all charges in full when they are due. You are liable for all charges incurred on your account or deducted from your prepaid balance while roaming. If your phone or Skinny SIM is lost or stolen while overseas, you must advise us immediately. The account holder is responsible for all charges incurred through the use of their phone or SIM up until the time you advise us that it has been stolen or lost.
Data roaming services are not currently supported.
Call Me Back service
Call Me Back is a service where Skinny customers (who do not have enough credit to make a call) are able to use the Skinny Mobile Menu to send a text message to other mobile users on any New Zealand network with a request to call you back. Call Me Back requests is only available to Skinny customers who have an active Skinny Prepaid Account. The service is limited to a maximum of 3 Call Me Back messages per Skinny customer per day.
Transferring Skinny Credit
You can transfer credit from your Skinny Prepaid Account to another Skinny customer using the Skinny Mobile Menu (dial *888#, then select other stuff from the menu). Credit can be transferred in whole dollars with a minimum of $1, and a maximum of $60 in any 7 day period.
0900, premium numbers and short codes
Calls to 0900 numbers are not supported. Calls to other premium numbers are charged the full minute rate for each minute or part minute. Certain short codes are available for use and the charges can be found on our website.
Any number of voicemail messages may be checked per access. Calls to your voicemail account from your mobile phone will be charged at 18 cents regardless of duration. This charge applies when you are on a Skinny Prepaid Plan, Combo, or when you are using standard rates. Calls to Voicemail when on an active $40 Combo are included and will not be charged. You can view our voicemail charges here. Calling and checking voicemail while roaming overseas is charged at the same roaming rate as a call to NZ from your overseas destination.
While roaming you may incur charges for voicemail messages when your device is connected to an overseas network, regardless if the device is switched on or off
Video Calling is only available when you make video calls to other video calling capable mobiles on the Skinny Network within New Zealand, or video-capable mobiles on a supported international mobile network in a video-capable coverage area. Video calling is charged at the same rate as our standard rates for voice calling. You can view our standard rates here.
Your new Skinny SIM
Old branded Skinny SIMs (Black, White and Pink with the Skinny Splat) are pre-provisioned to a Loose Lips Weekly Combo, with the first weeks $4 subscription complimentary. Your first weeks Loose Lips subscription will start from the date and time you first activate your Skinny SIM. The Loose Lips Combo will renew automatically 7 days from the date and time you first activate your Skinny SIM, and $4 will be debited from your Skinny Prepaid Account credit at that time, unless you cancel or change it before then (on the Skinny Mobile Menu, your Dashboard page on the Skinny Website or by calling Skinny Customer Services), or there isnt enough credit in your Skinny Prepaid Account to cover the $4 charge.
If any Combo ends for any reason, Skinny's Standard rates will apply.
The new branded Orange and White Standard/Micro and Nano SIMs are pre-provisioned onto Skinnys standard rates default tariff. To make the most out of your prepay credit, purchase a Monthly or Weekly Combo. If you have an active $4 a week Combo, you can opt-in to Weekly and/or One-Off Add-Ons to use with your Combo. If you have an active Monthly Combo, you can opt-in to Monthly and/or One-Off Add-Ons to use with your Combo.
You can add additional credit to your Skinny Prepaid account by using one of the methods outlined here. If you are topping up by using a voucher please note that these cannot be used after their expiry date. You must add credit to your account at least once every twelve months, otherwise your Skinny Prepaid Account will be deactivated. It is your responsibility to ensure any information, phone number, or amount you enter when topping up is correct, as if you make a mistake it is not refundable.
Important:As of 4th June 2014 you can no longer accumulate Skinny Dollars through the usual methods. Youll also have 6 months from 4th June to use your existing Skinny Dollars on purchases in our online store. From 2nd December 2014, your Skinny Dollars balance will expire and no longer be available to use.
As of the 5th of June you can only redeem Skinny Dollars on mobiles / handsets in our online shop.
Each Skinny Dollar you accumulate is worth NZD$1 that you can use towards online purchases of specified mobiles and devices on the Skinny Website. The maximum amount of Skinny Dollars that can be accumulated on one Skinny Prepaid Account is 200. Unless otherwise specified, Skinny Dollars can only be redeemed towards the Skinny Prepaid Account holders online purchases of specified mobiles and devices on the Skinny Website. All Skinny Dollars will expire on the 2nd of December 2014 unless your Skinny Prepaid Account is terminated or expires or otherwise ends for any reason, any accumulated Skinny Dollars will expire immediately. Skinny Dollars cannot be transferred from one account to another.
SIM Unlocking and Fee
If you have a Mobile Phone that is SIM locked to our Network (a Skinny SIM Locked Mobile Phone), it is to be used exclusively on our Network and must not be unofficially unlocked, interfered with, or disassembled without our prior written approval. A Skinny SIM Locked Mobile Phone may only be unlocked by obtaining the manufacturers unlock code. An unlock fee applies if network locking is removed from any Skinny SIM Locked Mobile Phone within the first nine months of being used on our Network (e.g. from the first time the Skinny SIM Locked Mobile Phone is turned on and connects to our Network). The unlock fee is usually $30 (including GST), unless otherwise stated. After that time, it is free to unlock your phone.
To unlock your Skinny SIM Locked Mobile Phone go to your Dashboard on the Skinny Website, or contact us.
There is a limited number of times an unlock code can be entered and attempted in a Skinny SIM Locked Mobile Phone, so care must be taken to ensure the unlock code is entered correctly and in accordance with our authorised unlocking process. Exceeding the limited number of chances to correctly enter the unlock code, or any attempts by any person to unlock a Skinny SIM Locked Mobile Phone without using our authorised unlocking process will render any applicable warranty associated with that Mobile Phone void, and may cause technical issues and damage to the Mobile Phone or Services for which we will not be responsible or liable.
You can purchase a Skinny SIM online or from a Skinny retailer.
Online purchases change of mind
If you purchase a Skinny Mobile Phone or device from the Skinny Website, and you change your mind and wish to cancel the agreement to purchase:
You can do so by going online to www.skinny.co.nz and entering your request within 7 days of the date on the packing slip you receive with your new Skinny device.
The box containing the Skinny Mobile Phone or device should be unopened, undamaged, all external wrapping and seals intact and in pristine new condition.
To cover handling costs, we will require you to pay $20 by credit card at the time of the initial change of mind request.
You will be sent a courier bag in which to return your device. The device must be returned to our nominated agent, within 7 days after you receive the courier bag.
We also reserve the right to refuse any returns that do not adhere to the above conditions. If your return is rejected, we will return the device to you with no refund of the handling fee paid.
Fair use policy
Skinny operates a Fair Use Policy to ensure excessive, inappropriate or unreasonable use by some customers does not affect the quality of the experience or the integrity of the Network for other customers. Please see section 4.10 of our Customer Terms (above) for more information. If in Skinny's reasonable opinion your usage of any Skinny Prepaid Services, Additional Services or other use of the Network is excessive, inappropriate or unreasonable, Skinny reserves the right to request that you stop using the services and/or the Network in this manner and to contact you to discuss a more appropriate product / service for you. In the event of continued excessive, inappropriate or unreasonable use, Skinny reserves the right to terminate your use of Skinny Prepaid Services in accordance with the Skinny Customer Terms. If you use data, please note that mobile broadband is not intended or designed for prolonged intensive data downloads or uploads (including file sharing and long duration streaming videos). Fixed broadband services are much more suited to intensive data transfer applications.
Excluded usage and services
- SMS Delivery Status Reports are not currently supported.
- The Grace Period is no longer available. Therefore, if you do not have enough credit when your Combo expires, your Combo and any Add-Ons will not renew and you will need to reactivate them.
- International data roaming services are not currently supported.
- Voice over Internet Protocol (VoIP) is not supported, and we cannot guarantee that access or performance levels will be maintained.
- 3 Way Calling and Call transfer are not supported.
- Any applications you accept for use on your device are your own responsibility. Skinny cannot accept responsibility for the effect of applications or content downloaded to your device, or misuse of your personal information, through use of those third party applications.
Linked Account Terms
Skinny Mobile Linked Account service allows Skinny customers to:
- link all of their Skinny accounts under one account management portal (e.g. an iPhone SIM and an iPad SIM); or
- allow one Skinny customer to manage other Skinny customers accounts (e.g. families, employees, flatmates, etc.); or
- a mixture of both.
A Skinny customer who will be managing each account must first create a primary online account called the Parent account which will be used to manage their own Skinny mobile number.
The Parent account can then link up to 9 other Skinny Mobile numbers (Child accounts) in order to have full access to and manage each account via single online portal access.
- Skinny customers who have created a Parent account and who have obtained consent from each Child account to access and manage these accounts. Skinny will send verification code via SMS to each Child account in order to verify consent.
- A Child account cannot also be a Parent account
- Customers, including those using data only devices, must be able to access a verification code sent by SMS by Skinny to the Child SIM in order to be able to link it to a Parent account
- Each Skinny SIM can only be part of a single Linked Account Group either as a Child account or Parent account.
- Skinny will allow Parent accounts to have full access and management rights of each Child account.
- By creating a Parent account Skinny customers agree to these terms and conditions.
- Skinny customers who have a Parent account must ensure that any other person who may be the owner of a Child account understands and accepts these terms and conditions.
- Each account holder remains responsible and liable for all charges associated with their Skinny account and for observing their Skinny Mobile terms and conditions.
Application and Access
- On the skinny.co.nz website, a Parent account can perform all available account actions on their own account and the Child account except the following:
- Change the Childs online account password if established.
- If the Child account has a registered skinny.co.nz account at any time before or after linking, the Child account can only perform the following actions with their online account after they provide their consent for their Child account to be linked:
- Change Child password and use the password reset functionality to successfully reset their password
- Make a one off top up using a voucher
- Make a one off top up using an unregistered (non-stored) credit/debit card
- View usage history (but not export)
- View remaining balances, remaining texts, minutes and data, Skinny $ (if available)
- View existing combos and add-ons on their account including renewal/expiry date(s)
- View SIM expiry date
- Block/unblock SIM
- Transfer credit from the Child account
- Complete a Port Request
- The child can still use the Mobile Menu or IVR to top up, buy combos and add ons for their account.
Charges and Billing
- Every account/ SIM managed under the Skinny Mobile Linked Accounts service must have its own credit there is no automatic sharing of credit between accounts/ SIMs or any sharing of quota between numbers.
- If a Combo and/or Add-On, is not active on the Child account (e.g. they just have existing credit) the Child will continue to be charged standard rates until such time that a Combo and/or Add-On has been activated either by the Parent on the website or the Child via USSD or IVR.
- Skinny reserves the right to unlink any Parent and Child relationship at any time and without prior notification.
- Each party may choose to unlink their account, without consent of the other(s), via any of the following:
- By calling the Skinny Help Centre. If Child / Parent would like to unlink their account at any time they can place a call to the Skinny Helpdesk on 0800 475 4669 and a Customer Service Representative will send their SMS a Cancellation notification inclusive of a verification code for the Child to quote for unlinking purposes.
- Either Parent account or Child account ports out the SIM number associated with the relevant account
- Parent account or Child accounts are cancelled
- Parent online account or Child online accounts are cancelled.
- Parent account ONLY can unlink the Child account in their online Dashboard on skinny.co.nz
- In the event that the Accounts are no longer linked:
- The Parent account will have no management rights to the previously linked Child account(s) via the Parents skinny.co.nz portal.
- The Child will regain sole access and management rights to their online account.
- Skinny will inform the Child account(s) via SMS (Your Skinny account is no longer managed by %. You now have full control over your account) to the registered SIM number that the link to the Parent account has been cancelled.
- All auto top ups on Child accounts will be removed.
- Any credit/debit cards that the Parent account had stored against the Child account(s) will be removed.
- If the Child account does not have a username and password set up (and therefore have never logged in to see their Skinny account online) they will be required to do so when they first log in to skinny.co.nz.
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Coupons can have a single or multiple use. For example one Customer is given a code to use or they can be used in a promotion for multiple Customers to use. Coupons can be for a % amount or for a $ amount. For example they can have a maximum % off the first $200 or $10 off an item bought in store. They can also be constrained to only be used on certain products or categories of products.
- A coupon code is made available to Customer(s) for use on the website.
- Customer logs in and enters coupon code at point of sale.
- System validates whether the coupon is valid (e.g. used , incorrect data entry)
- If validation successful, discount is applied according to the rules of the coupon and Customer proceeds through payment process to pay the reduced total.
- If validation not successful message saying Coupon code is not found is displayed and Customer must enter the code again or can proceed through to payment without discount applied to total due.
Terms and Conditions
- Skinny Dollars cannot be used in addition to a coupon code.
- Skinny may generate and distribute coupons to be used only in the online store at skinny.co.nz. These coupons may be single or multiple use and apply to all products, specific products or specific categories of product, at Skinnys sole discretion. Coupons may expire on a certain date and time.
- The individual coupon rules will be communicated at the time of the distribution of coupons when possible or specified on the website.
- Coupons can apply discounts either as dollar amounts or percentages.
- Coupons may not be transferred, used to purchase credit on your account or exchanged for cash.
- There is a limit of one coupon to be used per cart purchase. In other words, you cannot enter more than one coupon per payment.
- Skinny retains the right not to honour a coupon code or to disable it at any time.
- In cases where Skinny suspects attempted abuse of the coupon system in the online store, we may pursue legal action against the person(s) involved and will cancel any orders associated with this activity
Logging-in to your Dashboard with Facebook or Google+
If you log-in to your Dashboard using your Facebook or Google+ credentials, you authorise us to collect the following information:
a) Facebook - first name, last name, email address and your friends list. Skinny Mobile does not use the friends list. For more information please refer to the following website www.facebook.com/about/privacy/your-info-on-other#applications
b) Google+ - first name, last name, public profile URL, photo, gender, country, language, timezone and email address.
You understand and agree that Facebooks or Google+s use of information they collect from you is governed by their own privacy policies Google: https://www.google.co.nz/intl/en-GB/policies/privacy/, Facebook: https://www.facebook.com/note.php?note_id=%20322194465300
You can access and amend the information Skinny Mobile receives and retains about you as a result of logging-in via Facebook or Google+ through your settings on those accounts. To remove log-in functionality apps from your accounts please see here: for Facebook, for Google+ (you'll need to login to complete these actions).
To change or delete any other data that Skinny Mobile may retain about you as part of this log-in process, please contact Skinny Mobile.
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Skinny device return & repairs policy
As a consumer customer you have rights under the Consumer Guarantees Act 1993 (CGA) and Skinny will honour its legal obligations to you. If you would like to make a claim under the CGA, Skinny asks that you follow the below steps to return your goods to Skinny for CGA assessment and, depending on the nature of your claim, repair or replacement:
- Visit our Skinny Returns Portal and log your CGA repair claim.
- As part of logging your CGA repair claim, you will be required to pay a $55 Assessment Bond with your credit or debit card. This Assessment Bond will be refunded if you have a valid claim under the CGA. If it is found that your claim is not covered by the CGA, e.g., because you have misused or caused damage to your device, because the CGA warranty period has lapsed, or because your device has been purchased for the purposes of a business, then you will not be refunded the $55 Assessment Bond.
- Within a reasonable time of your CGA repair claim being logged, you will be sent a courier bag and instructions for return of your device to our nominated agent.
- Please return the device to our nominated agent within 7 days after you receive the courier bag. Make sure you take out your SIM before you send us your device as SIMs will not be returned following device repair or replacement, for your protection.
- Following receipt of your device, Skinnys nominated repair agent will assess your CGA claim and device.
- a. If it is determined that you have a valid claim under the CGA then your device will either be repaired or replaced, depending on the nature of the defect in your device. Following repair/replacement, your device will be returned to you and you will be refunded your $55 Assessment Bond.
- b. If it is determined that you do not have a valid claim under the CGA and your claim is rejected, we will contact you to discuss next steps. These will involve either returning your device to you or agreeing with you to repair your device at an additional cost to you. If your claim is rejected, the $55 Assessment Bond that you paid will not be refunded.
Additional terms may apply and Skinny reserves the right to change its Device Repairs Policy at any time to reflect changes within its business and internal repairs process. Any changes to Skinnys Device Repairs Policy will not affect your consumer rights under the CGA.
Please remove your SIM from your device before you send it to Skinnys repair agent, as all SIMs received will not be returned in accordance with internal policy and for your protection.
Online purchases change of mind policy
If you've bought a device from our online store and change your mind about your purchase, you can return a new device for a full refund, provided you enter your request within 7 days of the date on the packing slip you receive with your new Skinny device. The box containing the device should be unopened, undamaged, all external wrapping and seals intact and in pristine condition. To cover handling costs, we will require you to pay $20 which we will deduct from any refund of your device purchase price. You will be sent a courier bag in which to return your device. The device must be returned to our nominated agent, within 7 days after you receive the courier bag.
We also reserve the right to refuse any returns that do not adhere to the above conditions. If your return is rejected, we will return the device to you with no refund of the handling fee paid. If you want to return your phone within 7 days for a full refund under this change of mind policy, please call the Skinny reps on 0800 4 SKINNY (0800 475 4669).
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Limited time offers:
The $40 Combo is available for all Skinny customers to purchase until the end of Feb 2015. From March, if you're an active existing $40 Combo customer you can continue to stay on your $40 Combo, so long as you have sufficient credit and your $40 Combo continues to auto-renew and isn't cancelled.
Unlimited Skinny Minutes on the $16 Combo: From March 1 2015, if you're an active existing $16 Combo customer you can continue to keep your Unlimited Mins to Skinny mobiles so long as you have sufficient credit and your $16 Combo continues to auto-renew and isn't cancelled.
NZ’s best value $9 Monthly Prepay Combo
Skinny’s Starter Combo is NZ’s best value $9 Monthly Prepay Combo when compared to other prepay $9 Monthly Combos, which include minutes, text and data as at 14/1/15. Comparison excludes top-up rewards/bonus, add-ons, promo offers/deals and retired rates.
$2 Online SIM + $16 Combo Promo
This offer has now ended. If you purchased a SIM as part of this offer you'll continue to get a free $4 Skinny Mins Add-On (1000 minutes to any Skinny mobile) with each purchase of the $16 Combo on that SIM until 31 October 2014.
Dongle Data Bundle
Receive a free Skinny SIM and 2GB of data free with the purchase of a Skinny Dongle. The free 2GB data is valid for your first 60 days on SIM activation.
If you receive a black standard SIM with our old style of branding on the packaging, you will also get your first week to Loose Lips $4 a week combo free. This Loose Lips combo will not renew after the first week.
Bonus 3GB data Offer - ended 6/1/2015
Join Skinny and get 3GB free over 3 months, that’s 1GB each month. Just join Skinny on a $16, $26, or $40 combo before 6 January 2015.
Bonus 3GB Offer: only available to new customers who activate their Skinny SIM from 3rd Nov 2014 and purchase their first eligible Monthly Combo before midnight 6/1/15 and renew for following two renewal periods . Eligible Combos are the $16, $26 & $40 Combo. Bonus 1GB NZ Data valid for 30 days. Customer must be on an active Combo to access their Bonus Data. Customer can only participate in the promotion once.
Monthly Combos: Person to person standard calls and texts only. Combo renews every 30 days (unless cancelled). Text and Mins are to NZ and Australia mobile & standard landlines. Premium rates numbers no included.
Keep your number bonus - ended 31/10/2014
You'll get your first 30 days of the $16 Combo for free. If you use more than the Combo's quota, extra usage charges apply. The Combo is valid for 30 days. It will auto-renew every 30 days if you have enough credit, unless cancelled. Or, if you already have an active $16, $26 or $40 Combo on your account at the time, we'll top your balance up with $16 credit instead.
First $16 Combo with bonus mins and data- ended 31/10/14
You'll get your first 30 days of the $16 Combo + bonus mins & data for free. If you use more than the Combo's quota, extra usage charges apply. The $16 Combo + bonus mins + data is valid for 30 days. Bonus mins & data are a one off bonus and will not renew. The standard (non bonus) $16 Combo will auto-renew every 30 days if you have enough credit, unless cancelled.
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Hook Up Terms
- The following terms (the Hook Up Terms) describe the terms and conditions that apply to the Skinny Hook Up. If you use the Skinny Hook Up then you will need to read and understand these Hook Up Terms. By using the Skinny Hook Up or redeeming any Hook Up Offer you are deemed to have accepted these Hook Up Terms.
- Skinnys Customer Terms and Service Terms apply in addition to these Hook Up Terms. Any defined terms used in these Hook Up Terms have the same meaning as given to those terms in the Skinny Customer Terms or Service Terms.
- Access to any Skinny Hook Up offer, deal and/or benefit (a Hook Up Offer) is only available to Skinny customers who have an active Skinny Prepaid Account and otherwise in accordance with each Hook Up Offers terms and conditions (e.g. you must have an operating mobile device connected to Skinnys Network on an activated Skinny SIM card and be using calling, texting and/or data services on the Skinny Network on the day you seek to redeem the Hook Up Offer).
- Skinny in its absolute discretion may change, add to and/or delete these Hook Up Terms, including adding new terms at any time by publishing the change on the Skinny website and/or Facebook page. Skinny may also change any part of the Skinny Hook Up service or cease to provide it in its entirety (or any part of it) at any time. However, if we consider that the change is material, we'll try and notify you in advance by publishing the change on the Skinny website and/or Facebook page, sending you an SMS, notifying you via the Skinny Mobile Menu, emailing or writing to you, calling you or by issuing a public notice in the major newspapers.
- Details about each Hook Up Offer and the separate terms and conditions that apply to each Hook Up Offer are set out from time to time on the Skinny website and/or Facebook page. Customers can redeem as many available Hook Up Offers as they wish in accordance with the terms and conditions of each Hook Up Offer and these Hook Up Terms.
- Skinny can add new Hook Up Offers, and change, suspend or remove any available Hook Up Offers at any time by making a change on its website and/or Facebook page.
- Hook Up Offers are not transferable, cannot be sold to third parties or used for commercial purposes and are not redeemable for cash, credit or Skinny goods and services. Hook Up Offers are subject to availability and the terms and conditions of each offer and may only be available while stocks last.
- Hook Up Offers are redeemed solely between you and the third party supplier whose products, services and/or experiences are made available to you in relation to Hook Up (a Hook Up Partner).
- Hook Up Partners and/or other third party suppliers are supplying the products, services and/or experiences to you in accordance with each Hook Up Offer. You acknowledge and agree the products, services and/or experiences that a Hook Up Partner provides to you as part of a Hook Up Offer may be subject to additional terms and conditions prescribed by that Hook Up Partner. Skinny accepts no liability or responsibility for any of the representations, terms, conditions, advertising, customer service, communications, products, services and/or experiences made, enforced or provided by any Hook Up Partner and/or third party supplier in association with Hook Up and/or any Hook Up Offers, including in relation to quality, legality, availability or accuracy. Any dealings between you and any Hook Up Partner or third party supplier in association with the Skinny Hook Up and/or any Hook Up Offers, including payment for and delivery of any products, services, experiences and/or any Hook Up Offer, and any terms, conditions, warranties, representations or communications associated with such dealings, are made between you and the Hook Up Partner or third party supplier and Skinny is not responsible or liable for any loss or damage of any kind incurred in connection with any such dealings.
- Skinny is not responsible or liable for the availability, operations, suitability, reliability and/or content of any third party websites that are referenced on or linked to via Skinnys website and/or Facebook page, including websites of any Hook Up Partner or third party supplier, and including any content on any third party website that relates to the Skinny Hook Up and/or a Skinny Hook Up Offer.
- If Skinny knows or has reason to believe that any customer is failing to comply with these Hook Up Terms, the Customer Terms and/or Service Terms, or any additional terms imposed by a Hook Up Partner in relation to any Hook Up Offer, or that any customer is misusing, abusing, exploiting or failing to comply with any applicable laws in relation to the use of the Skinny Hook Up or any Hook Up Offer, Skinny may immediately suspend, restrict, withdraw or terminate that customers ability and eligibility to use the Skinny Hook Up service or access any Hook Up Offer without prior notice.
- Skinny does not guarantee that the Skinny Hook Up is a continuous and fault-free service. Any use of the Skinny Hook Up and/or any Hook Up Offer is entirely on an as available basis and at your own risk. To the fullest extent permitted by law, in no event shall Skinny be liable to you or anyone for any loss, expenses, damages, liability or claims (including for personal injury or death or any indirect, incidental or consequential damages or loss of profits) whatsoever resulting from the Skinny Hook Up or any Hook Up Offer, or any change to or cancellation of the Skinny Hook Up or any Hook Up Offer.
- We will not send you communications about Hook Up Offers, excluding service-related messages, if you are a Skinny customer who has opted out of receiving marketing messages from Skinny.
Skinny Feedback - Competition Terms
- By participating in this Competition (the “Competition”), you confirm that you accept and agree to these Competition Terms.
- The Promoter of this Competition is Skinny Mobile a division of Spark New Zealand Trading Limited (“Skinny”)
- This Competition is only open to New Zealand residents 13 years and above and is not open to employees of Skinny, its agents, contractors, consultants, or their families (including de facto spouses) or to other persons assisting with this Competition.
- This Competition commences on Thursday 27 November 2014 and ends at noon Wednesday 4 December 2014.
- All valid entries received by noon Wednesday 4 December 2014 will be entered into the draw and will be considered by Skinny for selection as a potential winner.
- Winners will be selected and notified either by Skinny phone number and/or email by Friday 5 December 2014
- Skinny is not responsible or liable for any late, lost or misdirected entries or for any problems or technical malfunction which may result in delay or failure to enter you into the draw.
- Each prize winner will receive one of the following: Alcatel OneTouch 903 Smart smartphones There are five available to win .Skinny accepts no responsibility or liability for any prize winner’s enjoyment of any prize or any other costs and expenses that may be incurred by the prize winner relating to the prize or the winner’s enjoyment of that prize.
- Skinny will endeavour to notify selected winners by text, phone or email and deliver prizes by courier, but reserves the right to notify selected winners and deliver prizes by other means.
- Skinny will make reasonable attempts to contact the winner, but if the winner is not able to be contacted or is unable to redeem the prize in accordance with the terms and conditions within 48 hours from the first contact attempt; the prize will be redrawn in his or her place without liability to any person.
- Prizes cannot be transferred or exchanged or redeemed for cash. Skinny takes no responsibility for entries or prizes that are lost or destroyed.
- The decisions of Skinny on all matters relating to this Competition are final and no correspondence will be entered into. Skinny reserves the right to verify the validity of an entry or a winner's right to redeem the prize in accordance with these terms and conditions. Skinny reserves the right to amend the prizes offered and these terms and conditions and in its absolute discretion cancel the competition at any time and without prior notice.
- To the extent permitted by law, Skinny excludes any liability it may have to you arising directly or indirectly out of or in connection with this Competition.
- By engaging in this Competition, you understand and agree that you are providing your information to Skinny.
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