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Our lawyers made us do it
We’ve made some updates to our terms and conditions – these will come into effect on 28 June 2018. We want to make things clearer and better for you, so here’s a quick summary of what the changes are;
We’ve updated our wording from “Combo” to “Prepaid Plan” or “Plan”
"Prepaid Plan” or “Plan” means the relevant Skinny Prepaid Service pricing plan you choose from time to time. As a part of our new look and feel, we’ve had a look at our plans and tried to make things a bit simpler for everyone to understand. So now instead of calling our plans “Combos” and using names like ”Mini”, “Core”, and “Loaded”, we’re calling things what they are. We’ve updated our names to the $9, $16, $26, and $46 Plans.
We’ve updated the information about our Plans, which includes our new $36 and $66 Plans, and new 2GB Add-On.
This includes information on Rollover Minutes and Data, calling charges, and which plans are eligible for which allowances. You can add Add-Ons to your 28 day or Weekly Prepaid Plan, unless stated otherwise. All 28 day and 7-day Add-Ons (except Roaming and International Add-Ons) will auto-renew every 28 days or 7 days from the time of purchase.
Check out our mobile plans here
You can view our add-ons here
We’ve updated the information about our Roaming Add-Ons to reflect pricing, Data and Minute allowances, and included countries.
Countries you can roam to include and are limited to: Australia, Argentina, Canada, Puerto Rico, USA, US Virgin Island, France, Germany, Ireland, Italy, Spain, UK, China, Hong Kong, Indonesia, Japan, Malaysia, Philippines, Saudi Arabia, Singapore, South Korea, Taiwan, Thailand, UAE, Fiji, Nauru, Papua New Guinea, Samoa, Tonga, Vanuatu, India, Vietnam, American Samoa, Qatar, Switzerland, South Africa
For more information on roaming, click here
We’ve updated the way we calculate data usage from plan balances, to make things fairer and to protect our customers from accidental data usage.
Skinny's standard data rates apply when you do not have a current Skinny Prepaid Plan, or Data Add-On that has remaining data included. Data is billed at 5c per 256KB blocks, at the beginning of block usage. Skinny's data rates for included data in a Skinny Prepaid Plan is calculated based on usage and billed in 64KB blocks, rounded up at the end of a data session or twenty-four hours, with a minimum charge of 1KB. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).
We’ve retired the terms relating to our older promotions which are no longer in market.
If you’d like to read our retired terms on previous promotions, plans, coupons and more – click here
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.
"LMNP Terms" means the Terms for Local and Mobile Number Portability in New Zealand, as amended from time to time.
"Mobile Device" means the mobile phone or other telecommunications device (which incorporates a SIM) which is compatible with and 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" or “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 Device 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 Device, to access the Services on our Network.
“SMS” means a short message service, which is a form of text messaging on Mobile Devices.
"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 Device, or by using such other contact details which are updated by us on the Skinny Website.
Skinny Mobile Menu means the menu that is accessed by dialling *888# on your Skinny Mobile Device.
"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.
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.
Unwanted programs or Content may be downloaded from the internet without your knowledge, which may give unauthorised persons access to your Mobile Device. You are responsible for ensuring that your Mobile Device has appropriate protections against such unauthorized access and we are not responsible for any such unauthorised access or any damage or loss suffered as a result.
2. We may end this agreement immediately without notice to you if:
3. If this agreement ends for one of the reasons in clause 10.1 or 10.2 above:
provided that you notify us of your claim within 12 months after you reasonably became aware of the occurrence of the relevant event or series or events that gave rise to your claim. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
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.
4. We, and any Related Company, may:
Although we may publish aggregated information about usage patterns, we do not disclose information about individual machines or persons except for the reasons set out below in this section. We do not sell information which identifies you personally. We may gather more extensive information if we are concerned, for example, about security issues. If we think it is necessary, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.
If you choose to provide us with personal information such as your email address, for example by filling out an electronic query or order form, we will use the information to communicate with you in relation to all the goods and services which we provide to you or which we consider might be of interest to you. This may include email marketing.
Personal information will be stored and used in accordance with our Terms and Conditions.
Cookies are used to analyse your use of our website and to serve ads when you visit our website. The information we collect and share with third parties through cookies is aggregated and therefore anonymous (it does not include personal information which is likely to identify you). The information may be used to serve you ads in relation to our products when you visit our website and third party websites. You can access information about Google's Privacy Policy here.
While we recommend that users enable cookies on their browsers in order to enjoy all the features of our website, the decision remains in the hands of the individual. Most browsers allow you to control management of cookies, this will be different depending on each user's PC - refer to your browser help menu for further information.
1. Changes to terms: From time to time we may need to change the terms of this Agreement by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. If we determine, acting reasonably and in good faith, that a change will have, or is likely to have a detrimental impact on you, we will give you at least two weeks’ notice of the change. We will tell you about any changes to the terms of this Agreement by SMS messaging you and/or emailing you, and will publish the change on our website. Your continued use of our Services after changes have been notified to you in this way indicates your acceptance of those changes. If you do not agree to the changes you may exercise your right to terminate this agreement.
2. Changes to Charges: We may change our Charges from time to time. When we decrease charges for any Services we may make the change immediately and we will tell you about the change as soon as possible after the change has been made by SMS messaging you and/or emailing you, and publishing the change on our website.
When we increase Charges for any of our Services (including introducing charges for Services that are currently free) and you are impacted by the change, we will give you one month’s notice of these changes. We will notify you of these changes by SMS messaging you and/or emailing you, and publishing the change on our website.
3. Changes to Services: We may alter our Services from time to time. If we reasonably consider that a change to our Services is likely to benefit you or have a neutral impact on you we may make that change immediately and will tell you about the change as soon as possible after the change has been made by SMS messaging you and/or emailing you, and publishing the change on our website. Examples of changes that will benefit you include inclusion of additional benefits in your Skinny Prepaid Plan. Examples of changes that will have a neutral impact on include changing the name a Skinny Prepaid Plan.
If we alter our Services in a way that reduces the Service offering currently received by you and the change is within our control we will provide you two weeks’ notice, of such alterations. However, if the change is outside of our control, and it is possible, we will provide you notice of the change beforehand. If the change is outside of our control and we are unable to provide you notice of the change beforehand we will provide you notice as soon as possible after the change has been made. We will tell you about any such alterations by SMS messaging you and/or emailing you, and publishing the change on our website.
We may change you to a new Skinny Prepaid Plan if we consider, acting reasonably and in good faith, that you will be better off, and will give you two weeks’ notice of such a change by SMS messaging you and/or emailing you, and publishing the change on our website.
4. Right to Terminate: If you do not agree to any changes made in accordance with this clause, you may exercise your right to terminate this Agreement by ceasing to use the Services.
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.
We may transfer to someone else all or any part of our side of the agreement you have with us,>for example if our company ownership and/or structure changes.
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.
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.
These Terms apply to customers who sign up to Skinny services. If you’ve signed up to Skinny services and subscribed to your Prepaid Plan these terms will apply to you as long as you keep renewing your Prepaid Plan.
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.
2. Changes to these terms
From time to time Skinny may need to change these Services Terms, and/or Services and Charges. Any changes will be made, and notified to you, in accordance with clause 13 of the Customer Terms.
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, or a Prepaid Plan with Add-Ons, or choose to use Skinny's Standard rates. Unless you select a Skinny Prepaid Plan, Skinny's Standard Rates automatically apply to any usage.
For Four Week (28 day) Prepaid Plans, included mins, texts, and data are valid for 28 days from purchase. Four Week Prepaid Plans will auto-renew every 28 days if you have enough credit (unless cancelled) or your Set and Forget auto payment is successful.
For Weekly (7 day) Prepaid Plans, included mins, texts, and data are valid for 7 days from purchase. Weekly Prepaid Plans auto-renew every 7 days if you have enough credit (unless cancelled) or your Set and Forget auto payment is successful.
Included data, text and calling minutes are for personal use only. Excludes premium rate numbers, other international numbers and satellite phones. Any non-personal, commercial, business, machine generated or automated use is prohibited.
Exceeding your Prepaid Plan’s allowance
If you have used up all of the minutes or texts included in your Prepaid Plan, you will pay Skinny’s overage rates if you continue to use the Skinny Prepaid Services. You can view these overage rates here. Alternatively, you can purchase an add-on of minutes or text, or purchase another Plan.
If you have used up all of the MBs included in your Prepaid Plan, your data will stop. You will need to purchase a data add-on or another Skinny Prepaid Plan that includes data allowance to be able to use data.
Prepaid Plan Renewal
If you’ve subscribed to a Prepaid Plan and you have sufficient credit in your Skinny Prepaid Account, or you have a Set and Forget auto payment, your Prepaid Plan will automatically renew when the Prepaid Plan expires. If you have a Skinny Prepaid Accounts credit balance, this balance will reduce by the value of that Prepaid Plan. If you have a Set and Forget auto payment, your registered payment card will be debited by the value of the Prepaid Plan. If you have selected a 7 day or 28 day Add-On in addition to your Prepaid Plan your Add-On will renew 7 or 28 days after purchase if you have sufficient credit in your Skinny Prepaid Account and your Prepaid Plan has auto renewed and is active.
Auto Renew Bonus
The auto renew bonus is available with the $5 Weekly Prepaid Plan. The bonus is awarded each time the Prepaid Plan auto renews. The bonus lasts 7 days. You must have sufficient credit for your Prepaid Plan to auto renew.
Cancelling Prepaid Plan
You can cancel your Prepaid Plan via the Skinny Mobile Menu, the Skinny App, on your Dashboard page on the Skinny Website or by contacting Skinny Customer Services. Once you cancel your Prepaid Plan, you are no longer on an active Prepaid Plan, it is immediately deactivated. Despite that Prepaid Plan no longer being active, you can still use any unused calls, texts and/or data quota that remain on that cancelled Prepaid Plan, 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’ Prepaid Plans i.e. Cheap International Calling Rates. If you cancel a Skinny Prepaid Plan, any associated Add-Ons, will also be cancelled. Neither your Prepaid Plan nor Add-On will auto renew once your Prepaid Plan has been cancelled.
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-dialling, 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, $36, $46 or $66 Plan 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
Rollover Data only applies to the included data on the $16, $26, $36, $46 and $66 Prepaid Plans. Data in any Add-On with one of these Prepaid Plans does not rollover. If you have any unused included data on your Prepaid Plan renewal date, it will rollover provided your Prepaid Plan auto-renews. If you move to another eligible Prepaid Plan your Rollover Data remains valid. However, if you move to a non-eligible Prepaid Plan, or if your eligible Prepaid Plan failed to renew at the end of its cycle, your Rollover Data will be frozen. You can continue using your Rollover Data if you activate an eligible Prepaid Plan. You can keep and use any Rollover Data for 12 months from the date of original purchase. Rollover Data on the $16, $26, $36, $46 and $66 Prepaid Plans is for data usage in NZ only.
Rollover Minutes
Rollover minutes only apply to the NZ and Australian included Rollover minutes on the $16 and $26 Prepaid Plans. Minutes in any Add-Ons with one of these Prepaid Plans do not rollover. If you have any unused included Rollover minutes on your Prepaid Plan renewal date, they will rollover provided your Prepaid Plan auto-renews. If you move to another eligible Prepaid Plan your Rollover Minutes remain valid. If you move to a non-eligible Prepaid Plan, or if your eligible Prepaid Plan failed to renew at the end of its cycle, your Rollover Minutes will be frozen. You can continue using your Rollover Minutes if you activate an eligible Prepaid Plan. You can keep and use all your Rollover Minutes for 12 months from purchase. Rollover minutes on the $16 and $26 s and Unlimited Minutes on the $36, $46, and $66 Prepaid Plans 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 Prepaid Plan, weekly or 28 day, to get Skinny’s Cheap International Calling Rates. If you cancel your Prepaid Plan, or your Prepaid Plan fails to renew (for example due to insufficient Skinny prepaid account credit), you are no longer on an active Prepaid Plan - it is immediately deactivated - and you will no longer be entitled to these Cheap International Calling Rates. 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. You can view our International Call and Text charges here.
New Zealand Add-Ons and International Calling Add-Ons
You can view our Add-On pricing and eligibility rules here.
You can view our International Add-Ons here.
You can add Add-Ons to your 28 day or Weekly Prepaid Plan, unless stated otherwise. You will be charged the full amount for your Add-On and receive the full included quota at the time of purchase. All 28 day and 7 day Add-Ons (except Roaming and International Add-Ons) will auto-renew every 28 days or 7 days from purchase if your Prepaid Plan has auto renewed, is still active and you have enough credit to buy the Add-On. If you change Prepaid Plan to a different eligible Prepaid Plan, your Add-On will remain active and will still renew on its planned renewal date provided the Prepaid Plan is active and you have enough credit for the Add-On. Roaming and International Add-Ons don’t auto renew.
If you want to purchase the same Add-On more than once during your Prepaid Plan cycle, you'll need to cancel the existing Add-On first and then purchase a new one using the Skinny Mobile Menu, App or our website. You'll keep any quota remaining from the original Add-On until its expiry date. Your Add-On renewal date will change accordingly.
You can view our International Calling Add-Ons here.
Roaming Add-Ons
You can view our Overseas Roaming Add-Ons here.
Included Countries
Our roaming Add-Ons allow you to roam in the following countries
Australia, Argentina, Canada, Puerto Rico, USA, US Virgin Island, France, Germany, Ireland, Italy, Spain, UK, China, Hong Kong, Indonesia, Japan, Malaysia, Philippines, Saudi Arabia, Singapore, South Korea, Taiwan, Thailand, UAE, Fiji, Nauru, Papua New Guinea, Samoa, Tonga, Vanuatu, India, Vietnam, American Samoa, Qatar, Switzerland, South Africa
3 and 7 Day Packs
Incoming calling allowances have been included to allow you to receive calls on your mobile when in one of the countries stated in paragraph above.
The outgoing calling allowance allows you to make calls from within any of the countries stated in paragraph above .
The included texts allowance is for sending texts to numbers within included destinations as well as sending messages to other countries when you are in any of the destinations stated in paragraph above.
You can only purchase the 3 and 7 day packs as a one-off and these packs will not automatically renew. Once your pack has expired, you will revert to casual rates for text and calling in that country. Casual data rates are not available from Skinny. The inclusions within these packs apply for Prepaid roaming usage in included countries only – allowances are not valid within New Zealand, or in other roaming destinations (including cruise ships or flights).
3 and 7 day packs will be activated immediately after your purchase in New Zealand or overseas, whenever the purchase is made, and will expire 3 days or 7 days , respectively, after purchase, or full consumption of inclusions. In order to avoid your Add-On being consumed outside of your roaming destination it is recommended you purchase it once you land at your roaming destination.
This Roaming Add-On is in addition to any New Zealand Prepaid Plan or Add-On you already
7 day Data Pack
Add-On is available for 7 days, and is a one-off purchase.
Once you have used the Add-On you will need to purchase another Overseas Roaming Add-On if you want to continue to use data roaming. Casual data rates are not available from Skinny.
The data inclusion within this pack applies for prepaid and roaming usage in included countries only – allowances are not valid within New Zealand, or other roaming destinations (including cruise ships or flights)
The 7 day Data Pack will be activated immediately after your purchase in New Zealand or overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of your roaming destinations it is recommended you purchase it once you land at your roaming destination.
This Data Add-On is in addition to any New Zealand Prepaid Plan or Add-On you already have.
Data Binge allows you to buy prepay mobile data in time-restricted data sessions. To buy a Data Binge you need to be an active Skinny Mobile customer, with sufficient top up credit. Data Binge can be purchased via the Skinny Mobile app, or by texting DATABINGE to 2424. Data Binge cannot be purchased via any other channel. Roaming data excluded.
Data Binge is for personal use only on your mobile phone device while you are in New Zealand. Prohibited usage: Data Binge is not to be used for machine to machine services, tethering, mobile hotspots or any other similar activity that Skinny considers to be non-standard personal usage, and is not to be used on tablets, laptops, t-sticks, modems, hotspots, computers and any other non-mobile devices, or outside New Zealand. If we consider, acting reasonably, that you are using Data Binge in these prohibited ways we may contact you, and/or withdraw, suspend or terminate your access to Data Binge.
Data Binge, and its features, may change in whole or part from time to time.
Data Binge session will commence from the moment of the purchase, and will continue running until expiry. You cannot pause your Data Binge session once started. Any Data Binge sessions purchased while another Data Binge session is active, will not start until the end of your current active session.
Once your Data Binge session has finished, normal mobile data usage will apply. This means that:
Skinny will endeavour to provide you with two Data Binge expiry notifications via Skinny Mobile App and a text message – one sent 2 minutes prior to expiry, and a second one sent once your session has expired. If you are using consecutive Data Binge sessions (i.e. you’ve purchased additional sessions while another Data Binge session was active), the notifications will be sent when your total available Data Binge minutes expire.
Your ability to receive notifications will depend on various factors outside our control, such as network conditions and/or if you enable receipt of notifications on your device or via the Skinny App. Not receiving an expiry notification does not release you from any responsibility to pay additional charges incurred from the use of data outside your Data Binge session. To change how your account is set up to receive the Data Binge notifications, log in to your Skinny dashboard, choose Settings, and click “Change your notifications”.
You can view our Standard Rates, Overage Charges, and other charges here.
Call Charges
Skinny's calling Standard rates apply when you do not have a current Skinny Prepaid Plan e.g. you don't have a current Prepaid Plan, 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.
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).
Text Charges
Skinny’s 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.
MMS Charges
MMS is the multimedia messaging service, which allows various media such as pictures, video and audio to be sent and received by your Mobile Device. 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. Skinny’s standard MMS rates apply to any MMS messages sent to NZ mobile networks from your mobile phone. Skinny does not currently have any Prepaid Plans 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 Account’s credit balance if a MMS message is sent from your Mobile Device (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 Device is capable of sending, and is configured correctly to be able to send, MMS messages. Your Mobile Device 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 recipient’s device’s specifications such as screen size and screen resolution.
Operator assisted calls
You will be charged the full minute rate for each minute or part minute.
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 here.
Voicemail
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, or when you are using standard rates. Calls to Voicemail when on an active $36, $46, and $66 Prepaid Plan are included and will not be charged.
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
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.
Global Roaming Terms and Conditions
Skinny offers a Global Roaming service, which enables you to make and receive voice calls, send and receive text messages and for data, access packet and WAP data in countries that are included within Skinny's Roaming Add-Ons. Data Roaming in countries which are not part of Skinny Roaming Add-Ons is not currently available.
The roaming services that are available for you are dependent on the overseas network you have access to, the specific device you own as well as the Skinny rates you are signed up to. For more information on where you can roam and what services you have access to please go to the roaming Pricing tool located at the Skinny Overseas Roaming page skinny.co.nz/pricing/overseas-roaming
Service
Roaming relies on the use of overseas Telecommunications networks which we do not control and therefore we cannot offer any guarantees about the quality of roaming services. Some services, such as video calling, may not be available while roaming. The use by you of overseas Telecommunication networks will be subject to the terms and conditions of the relevant overseas network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement
If you are travelling through the service range of a network not supported by the Skinny roaming partner alliance you will only have access to emergency services - e.g. you will not be able to make or receive voice calls/texts, make a data connection or have access to voicemail. If you attempt to access roaming services on a network that is not supported by the Skinny roaming partner alliance you will get an operator notification.
Charges and Zone Based Pricing
You can view our Overseas Roaming Rates here.
Roaming charges vary by call type and by country. Charges listed for incoming and outgoing calls while roaming are charged per minute (you pay the full minute rate for each minute or part minute) and are subject to change without notice. Please check our Overseas Roaming Rates regularly for the most up-to-date charges.
The charges that apply to roaming are in addition to any other charges which apply to your mobile Prepaid Plan or standard rates.
The charges for roaming may include charges for voice calls and other messages sent and received or for accessing VAS/WAP and Internet services. The charges for Roaming will be determined by Skinny and/or the overseas network operator.
Your Skinny 28 Day or Weekly Prepaid Plan includes minutes used for calls made within New Zealand and cannot be used while roaming.
Skinny reserves the right to change the Overseas Roaming pricing from time to time and we will endeavour to give you at least 10 days notice of any change by posting the amendments on our website.
Additional charges may be incurred when calling premium or other special numbers (eg 0900, 0172 etc) while roaming.
Some VAS / WAP services that are free in NZ are charged while roaming.
All WAP services accessed while roaming through the menu will be charged the applicable NZ rates inclusive of NZ GST and will also include an underlying roaming data charge which will be GST exclusive.
Texts sent while roaming should be limited to 160 characters or else they will be split and sent as two texts. If this occurs you will be charged for each text.
Data roaming requires a Data Roaming Add-On, and is charged in 10kb increments and will be deducted from your Overseas Roaming Add-On data allowance.
Billing
Your roaming charges will be deducted on a pay-as-you-go basis from your prepaid account balance. If you purchase an Overseas Roaming Add-On, your usage will be deducted as you use your allowance until it is used up.
Prepaid customers may incur charges for voicemail deposits when their device is connected to an overseas network, regardless if the device is switched on or off.
There can be a delay for billing roaming services because the information must first be provided to Skinny from the overseas network operator. Note that this could take up to 8 weeks in some cases. Any delay in billing 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 deducted from your prepaid balance while roaming. If your phone or Skinny SIM is lost or stolen while overseas, you must advise us immediately. To do so, contact the Helpdesk on 0800 475 4669 from within New Zealand or on +64 3 371 0866 from overseas. 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.
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.
Skinny SIMs
Skinny SIMs are valuable pieces of hardware and are linked to your Skinny Mobile account. If your mobile has a Skinny SIM you should treat it like a credit or bank card, and keep it secure at all times. If your Skinny SIM is lost or stolen while overseas you must contact the Overseas Roaming Helpdesk immediately or on +64 3 371 0866 to deactivate your card, otherwise it could be used by others to incur charges.
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.
Skinny Gifting
You can transfer rollover data, rollover minutes, or top-up credit from your Skinny Prepaid account to another Skinny Prepaid account.
Both the giver and receiver need to be on active Skinny Prepaid accounts. Skinny Gifting is not available to/from Skinny Direct or Skinny Broadband accounts, or Skinny Prepaid accounts that are inactive (i.e. deactivated because the customer has not added credit for 12 months), expired, terminated, disconnected, suspended or blocked.
Gifts of top-up credit:
Rollover data and rollover minutes:
Your new Skinny SIM
The Orange and White Standard/Micro and Nano SIMs are pre-provisioned onto Skinny’s standard rates default tariff unless stated otherwise. To make the most out of your prepay credit, purchase a 28 Day or Weekly Prepaid Plan and eligible Add-Ons.
Topping up
You can add additional credit to your Skinny Prepaid account by using one of the methods available 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.
SIM Unlocking and Fee
If you have a Mobile Device that is SIM locked to our Network (a Skinny SIM Locked Mobile Device), 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 Device 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 Device within the first nine months of being used on our Network (e.g. from the first time the Skinny SIM Locked Mobile Device 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 Device 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 Device, 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 Device without using our authorised unlocking process will render any applicable warranty associated with that Mobile Device void, and may cause technical issues and damage to the Mobile Device or Services for which we will not be responsible or liable.
Dashboard
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 Facebook’s 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
Skinny Mobiles use of such information is governed by Skinny Mobile’s Customer Terms, and Privacy Policy.
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.
Skinny Collect
For Skinny Collect terms & conditions, please refer to https://www.skinny.co.nz/collect/collect-terms/
Linked Account
Skinny Mobile Linked Account service allows Skinny customers to:
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.
Eligibility
The Service
Application and Access
Charges and Billing
Cancellation
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:
Please remove your SIM from your device before you send it to Skinny’s repair agent, as all SIMs received will not be returned in accordance with internal policy and for your protection. We also suggest backing up your device before sending it in for repair as any information saved to the device may be wiped as a part of the repair process.
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 30 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 return the device, login to your online account and go to the ‘Phone, SIM & Number’ section. Go to ‘Send your device’ back and select ‘I’ve changed my mind’ and fill in the form.
Once you've submitted the form, your computer will automatically download a summary for you. You will need to print this out and pop it into a courier bag with your device so we can identify it. If you don't have a printer, please add a note with your reference number (you can find this on the last page of this process) and attach it to your device. You'll need to purchase a courier bag and send the modem & printed form to:
Telegistics Repair
117 Carbine Road
Mt Wellington 1060
Auckland
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.
Promotional offers available to Skinny Mobile customers in New Zealand will not apply when using the roaming service unless they are specifically related to roaming.
Wireless Broadband Free Modem Offer for Selected Customers:
Coupons
Facebook Competitions and Giveaways
Skinny Buddy Rewards Offer for Selected Customers
Skinny Customer Terms and Service Terms and charges apply to each Skinny Buddy Rewards promotion.
Limited time offers:
Free data weekends offer
Skinny Collect terms and conditions:
For Skinny Collect terms & conditions, please refer to https://www.skinny.co.nz/collect/collect-terms/
Updated 29th June 2018
Skinny Wireless 4G Broadband terms and conditions
The following terms along with the Skinny Customer Terms and the Skinny Service Terms form the terms and conditions for the Skinny Wireless 4G Broadband service. These terms will prevail to the extent that they are inconsistent with the Skinny Customer Terms and/or the Skinny Service Terms.
30 day money back network guarantee:
In the event that the Skinny Wireless 4G Broadband Service (“Service”) is not available at your location or the quality of the Service is not of an acceptable quality you can take us up on our 30 Day Money Back Network Guarantee.
To do this you need to let us know about your service issues within 30 days of receiving the Skinny Broadband Wireless Modem (“Modem”) by filling out the online form at skinny.co.nz/returns and return your Modem.
The Modem must be returned in good working order and as good as new. This means the Modem must be fully functional, that you have not tampered with the Modem in any way, including but not limited to attempting to open the Modem, and that the Modem is free from any scratches or visible marks.
Once we have received your Modem back we will provide you with a full refund of the purchase price of the Modem to the credit card you used when signing up to the Service. The refund excludes any plan fees, additional data charges and other costs.
Our Network Guarantee is available once per customer per address.
Skinny reserves its right to remove the Network Guarantee at any time. However, any customers who joined the Service within 30 days of Skinny removing the Network Guarantee will still be able to take advantage of the Network Guarantee.
Our Network Guarantee does not seek to limit any other rights or remedies you may have available to you under law, such as under the Consumer Guarantees Act 1993.
Modem returns:
If you've bought a Modem from our online store and change your mind about your purchase, the Skinny Wireless 4G Broadband Service (“Service”) is not available at your location, or the quality of the Service is not of an acceptable quality you can return a new device for a full refund, provided you enter your request within 30 days of the date on the packing slip you receive with your new Skinny device. This right of return does not impact the rights you have as a consumer customer under the Consumer Guarantees Act 1993. The Modem must be returned in good working order and as good as new. This means the Modem must be fully functional, that you have not tampered with the Modem in any way, including but not limited to attempting to open the Modem, and that the Modem is free from any scratches or visible marks. It must also be returned with the box, cables and power supply in full working order. To return the device, login to your online account and go to the ‘Phone, SIM & Number’ section. Go to ‘Send your device’ back and select ‘I’ve changed my mind’ and fill in the form.
Once you've submitted the form, your computer will automatically download a summary for you. You will need to print this out and pop it into a courier bag with your modem so we can identify it. If you don't have a printer, please add a note with your reference number (you can find this on the last page of this process) and attach it to your device. You'll need to purchase a courier bag and send the phone & printed form to:
Telegistics Repair Limited
19 Gabador Pl
Mt Wellington 1060
Auckland
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.
General terms and conditions:
Updated 29th June 2018
If you have a Skinny Unlimited Broadband connection then you will need to read these Customer Terms which govern our contractual relationship with you for the provision of Skinny Unlimited Broadband (the “Skinny Unlimited Broadband Service(s)”) on our network. The Skinny Unlimited Broadband Services are provided to you for your own legitimate uses as described under these Customer Terms.
Together these make up the “Service Description” for Skinny Unlimited Broadband Services. Links to the pages on our website which set out more detail about the features, prices and other matters about our Skinny Unlimited Broadband Services are here.
3.1 Changes to terms: From time to time we may need to change the terms of this Agreement by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. If we determine, acting reasonable and in good faith, that a change will have, or is likely to have a detrimental impact on you, we will give you at least two weeks’ notice of the change. We will tell you about any changes to the terms of this Agreement by emailing you, and will publish the change on our website. Your continued use of Skinny Unlimited Broadband Services after changes have been notified to you in this way indicates your acceptance of those changes. If you do not agree to the changes you may exercise your right to terminate this agreement.
3.2 Changes to Charges: We may change our Charges from time to time. When we decrease charges for any Skinny Unlimited Broadband Services we may make the change immediately and we will tell you about the change as soon as possible after the change has been made by emailing you, and publishing the change on our website. When we increase Charges for any Skinny Unlimited Broadband Services (including introducing charges for Skinny Unlimited Broadband Services that are currently free) and you are impacted by the change, we will give you one month’s notice of these changes. We will notify you of these changes by emailing you, and publishing the change on our website.
3.3 Changes to Skinny Unlimited Broadband Services: We may alter our Skinny Unlimited Broadband Services from time to time. If we reasonably consider that a change to our Skinny Unlimited Broadband Services is likely to benefit you or have a neutral impact on you we may make that change immediately and will tell you about the change as soon as possible after the change has been made by emailing you, and publishing the change on our website. Examples of changes that will benefit you include inclusion of additional benefits in your existing Skinny Unlimited Broadband plan. Examples of changes that will have a neutral impact on include changing the name of your existing Skinny Unlimited Broadband plan, or other products.
3.4 If we alter our Skinny Unlimited Broadband Services in a way that reduces the service offering currently received by you and the change is within our control we will provide you one month’s notice, of such alterations. However, if the change is outside of our control, and it is possible, we will provide you notice of the change beforehand. If the change is outside of our control and we are unable to provide you notice of the change beforehand we will provide you notice as soon as possible after the change has been made. We will tell you about any such alterations by emailing you, and publishing the change on our website.
3.5 We may change you to a new Skinny Unlimited Broadband plan or product if we consider, acting reasonably and in good faith, that you will be better off, and will give you one month’s notice of such a change by emailing you, and publishing the change on our website.
3.6 Right to Terminate: If you do not agree to any changes made in accordance with this clause, you may exercise your right to terminate this Agreement by cancelling your Skinny Unlimited Broadband Services.
4. Getting set up
Customers wishing to sign up to Skinny Unlimited Broadband must complete the online sign-up form found at skinny.co.nz/unlimitedbroadband
5. Connection and availability
Skinny Unlimited Broadband is not available in all areas. Occasionally factors like the distance of our equipment from a particular site or address mean we are unable to deliver Skinny Unlimited Broadband, even where Skinny Unlimited Broadband is available in your area. Skinny Unlimited Broadband is naked broadband, so when you connect to Skinny Unlimited Broadband your fixed land line will be disconnected. This means that any additional services that you have running over your fixed land line, such as voicemail and caller display will no longer work. Services that require a fixed land line to operate, such as medical alarms, fax machines and pay per view movies through your Sky box (Landline Dependant Services) will not work without a fixed land line. If you have Landline Dependant Services at your house and you want to continue to use them then you should not connect to Skinny Unlimited Broadband. It is your responsibility to check whether you have any Landline Dependant Services before you sign up for Skinny Unlimited Broadband.
Our standard connection does not generally require a home visit, however a technician may visit your home to confirm your connection is working. In some cases you will require a non-standard installation to use the Skinny Unlimited Broadband Service and there may be additional charges for this. A technician approved by Skinny Broadband will visit your home to carry out the installation to get Skinny Unlimited Broadband working at your place. It is generally only required for new builds, or areas where a Spark copper line is not present. We will let you know ahead of time if this is likely to be the case, and an estimate of the cost. We reserve the right to reject orders for non-standard installations on a case by case basis. Other points to note:
Broadband is not available in all areas and broadband speeds do vary. Factors which impact on speed include how close your premises are to an exchange, your computer’s capability, modem, connection and wiring, Wi-Fi, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise). The day-to-day performance will also be affected by the number of users in your household and also on our network or the network of third parties that we use to provide the service to you. For further information about how your broadband speed is effected by these things, see our troubleshooting guide found in the support section of our website.
You will need a modem to use a Skinny Unlimited Broadband Service.
The Skinny Unlimited Broadband modem/router and its included accessories are certified for use on the Chorus network with a Telepermit. All accessories and cables required to connect to ADSL or VDSL broadband are included in the box.
Ultra Fast Broadband requires a fibre capable modem/router. The Skinny Unlimited Broadband modem/router is fully fibre capable, and all required cables needed for use on UFB are included in the box.
You will own the modem purchased from Skinny Unlimited Broadband and Skinny Unlimited Broadband is not responsible for it (without limiting your rights under Consumer Guarantees Act 1993 and Fair Trading Act 1986). As a consumer customer under the Consumer Guarantees Act 1993, our goods come with guarantees that cannot be excluded under that law. For more information on your rights under the Consumer Guarantees Act 1993 see http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act
Warranty and Returns
Skinny Broadband will replace any defective Skinny Broadband hardware within 24 months from the time it was purchased. This warranty is in addition to your rights under the Consumer Guarantees Act 1993, or other New Zealand legislation. If there are defects in the hardware of your Skinny Unlimited Broadband Modem within the first 24 months from the date you purchased it, you can return it to us for a replacement in accordance with our Return Policy
Please note that installing custom firmware on (also known as “flashing”) your Skinny Unlimited Broadband hardware will void your warranty. We will not accept returns of devices that have been flashed or otherwise have had custom firmware installed.
Additionally, if you change your mind about your Skinny Unlimited Broadband purchase you can cancel your purchase agreement within 7 days from the date the Skinny Unlimited Broadband equipment was delivered to you, in accordance with our Change of Mind Policy. This Change of Mind Policy is in addition to your rights under the Consumer Guarantees Act 1993, or other New Zealand legislation.
Charging for Skinny Unlimited Broadband is on a monthly prepaid basis. Your first payment will be taken from your nominated credit or debit card on the day of your connection in accordance with the plan you have signed up with, and on the same date every month following, or next business day in the event of a public holiday or other interruption. For Example: If you connect with Skinny Unlimited Broadband on the 3rd of Feb, your payment for 3rd Feb-2nd March will be taken on 3rd Feb. Your next payment, for 3rd March-2nd April will be taken on 3rd March. If your payment fails (e.g. due to credit card expiry, no available funds etc) we will attempt to take payment 2 days later. If this fails, then your account will be suspended for 5 days, giving you an opportunity to update your credit card, but without access to the rest of the internet, before one final attempt will be made. If this also fails your Skinny Unlimited Broadband service will be disconnected and you will be unable to re-sign with Skinny Unlimited Broadband for a period of 2 weeks, and must pay any outstanding invoices upon re-sign. Any money paid is not refundable in the event that you decide to leave Skinny Unlimited Broadband before the end of your billing month.
A plan change may be requested either through email or by calling us. If you are moving from our 24 month plan transfer fees of $249 may apply
11.1 We may withhold, suspend or restrict your use of any or all of the Skinny Unlimited Broadband Services or disconnect you from using them without warning if:
11.2 We may also need to suspend your use of Skinny Unlimited Broadband Services without warning if our services and systems require urgent maintenance, upgrading, or protection, to manage network traffic or access to network services (for example, to manage peer to peer traffic types), to improve functionality and attributes of the Skinny Unlimited Broadband Services, or where it is reasonably necessary for us to do so.
11.3 When we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 11.1 above, you may have to pay a reconnection fee before you can use the Services again.
11.4 Please note that Skinny Unlimited Broadband accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be entitled to any credit remaining on the account.
11.5 In most cases, normal charges continue to apply during the suspension or restriction of any Skinny Unlimited Broadband Service.
11.6 You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your Skinny Unlimited Broadband Services accounts (including sub accounts) or any communication session for any particular Skinny Unlimited Broadband Service that is “inactive” for a period of time. “Inactive” means that you have not used a particular Skinny Unlimited Broadband Service for a continuous 6 months’ period.
12.1 You may end this agreement at any time for any reason by cancelling your Skinny Unlimited Broadband Services.
12.2 We may end this agreement immediately without notice to you if:
Our disclaimers relating to Broadband
The configuration of your computer, device, systems server or other communication equipment (“Systems”) you use to receive our Skinny Unlimited Broadband Services may affect, not only your use of our Skinny Unlimited Broadband Services, but our provision of it. For example, certain SMTP service configurations leave you vulnerable to relaying spam; spam may overload our systems. Our Skinny Unlimited Broadband Services will only be delivered to your relevant Systems when you have the required connection to receive the Skinny Unlimited Broadband Service and will be subject to any service availability limitations and any functionality limitations of your Systems.
We do not and cannot in any way supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Skinny Unlimited Broadband Services we provide to you. You acknowledge and agree that we will not be held responsible in any way for the content, information or other material accessed or provided by means of our Skinny Unlimited Broadband Services. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Skinny Unlimited Broadband Services. We have not reviewed all or any of the sites linked to the Skinny Unlimited Broadband Services and we are not responsible for the content of any of those sites.
The Skinny Unlimited Broadband Services are delivered to you using other providers’ infrastructure and systems, for example, that of Chorus and Enable for Christchurch. These other providers’ infrastructures and systems are outside of our control, and we therefore are not liable or responsible for anything which occurs as a result of other providers’ infrastructure and systems. Many of the products and services offered for sale or advertised on, and much of the information provided in connection with, our websites and other services, are the products, services and information of third parties. Third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Skinny Unlimited Broadband Services. You should check with the third party supplier whether there are additional charges and terms which may apply.
If the Skinny Unlimited Broadband Services include email services, information services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”), you agree to use and access the Communication Services in accordance with these Customer Terms and any applicable specific product terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted in accordance with those terms. You (and not Skinny Unlimited Broadband) assume the entire cost of any necessary verification, maintenance, repair correction and/or removal of any relevant Communication Service messages and material. We are not under any obligation to monitor the Communication Services, but we reserve the right at all times to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, or to edit, refuse to post or to remove any message or materials, in whole or in part, in our sole discretion. We reserve the right to terminate your use of and access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Skinny Unlimited Broadband does not have data caps. However, the Skinny Unlimited Broadband Service is only for residential purposes. It is not intended for business purposes, running server farms, or the like. We expect you to use the Skinny Unlimited Broadband Services in a responsible and fair manner so that your use of the Skinny Unlimited Broadband Services does not impact other customers. When using the Skinny Unlimited Broadband Service, you should take into account:
Skinny Unlimited Broadband uses Carrier Grade NAT. This will not interfere with most uses of the internet.
Because of the nature of telecommunications services, Skinny Unlimited Broadband is unable to provide specific performance guarantees. While we always strive to provide a consistent and reliable service, there are a number of factors that influence reliability of our Skinny Unlimited Broadband Services. For this reason, we do not guarantee continuous or fault-free services, service availability at a particular location, connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Skinny Unlimited Broadband Services at any one point in time. As the Skinny Unlimited Broadband Services can occasionally go down, you should take this into account when choosing this product and what you will want to use it for. While we do use reasonable endeavours to resolve any service issues, we cannot guarantee how quickly we can arrange for resolution of any problems with the provision of our Skinny Unlimited Broadband Services. Skinny Unlimited Broadband Service is not designed to support commercial grade use and quality of service (QoS) for VoiP or similar services.
The stability and performance of your Skinny Unlimited Broadband Service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. Faults can be raised by calling 0800 4 SKINNY.
21.1 As a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these Terms, and are not impacted by anything in this clause 21. The website www.consumeraffairs.govt.nz is a useful place to visit to help you understand your rights under this legislation.
21.2 If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993 you acknowledge that the provisions of that Act do not apply to the Services that that we provide to you under this agreement.
21.3 Your liability to us:
21.4 We may become aware that we have suffered loss before you do. If we suffer any loss as a result of this agreement, we agree to take reasonable steps to avoid or minimise our loss and that you are not liable for any loss that results from our failure to take reasonable steps to do so.
21.5 Our liability to you:
21.6 We are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings.
21.7 We are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings.
21.8 You may become aware that you have suffered loss before we do. If you suffer any loss as a result of this agreement, you agree to take reasonable steps to avoid or minimise your loss and that we are not liable for any loss that results from your failure to take reasonable steps to do so.
21.9 We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms 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 its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Skinny Unlimited Broadband Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the services be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated by this clause
21.10 You will not be required to pay any Charges for any Skinny Unlimited Broadband Services to the extent that such Skinny Unlimited Broadband Services are not provided by us due to the circumstances contemplated by this clause 21.10.
21.11 No other Spark company, network operator and/or third party supplier (including their officers, employees, contractors and agents) will be liable to you for loss or damage of any kind arising from your use of the Skinny Unlimited Broadband Services. This clause creates a right and benefit that other Spark companies, network operators and/or suppliers can enforce as a defence to any claim.
21.12 If we or any of the other parties listed in clause 21.10 are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clause 21.10 (together) will have to pay you and anyone else who uses the Services we provide for you (together), will be:
provided that you notify us of your claim within 12 months after you reasonably became aware of the occurrence of the relevant event or series or events that gave rise to your claim. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
22. Information about you
Your use of the Skinny Unlimited Broadband Services involves the collection by us of personal information about you, such as your email address, name, home or work address or telephone number. We may also collect demographic information, such as your age, gender, preferences, and interests. Information collected by us may be combined with information obtained by our related companies. This information is used by us for the operation of the Skinny Unlimited Broadband Services, to maintain quality of the Skinny Unlimited Broadband Services, to provide general statistics regarding use of the Skinny Unlimited Broadband Services and to assist us to deliver customised content and advertising to our customers. Where possible, information will be obtained directly from you, but otherwise it may be provided from others (with your consent), or generated within or by the systems used to provide our Skinny Unlimited Broadband Services. You may decide not to provide information to us. However, if you do not provide it, we may not be able to provide our Skinny Unlimited Broadband Services to you. You may ask to see any information we hold about you and we will provide it as long as we have such information and can readily retrieve it. You may also ask us to correct any incorrect information we hold about you. We may charge you for the reasonable costs of retrieving and providing this information. We may occasionally monitor telephone calls between existing and new customers and our personnel to help train our personnel to provide better customer service. We may also monitor communications between our customers and third parties to maintain and support our systems and to safeguard the security and integrity of our services. We may provide your personal information to our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners to:
Although we may publish aggregated information relating to your use of the Skinny Unlimited Broadband Services, such as usage patterns, we do not disclose information in a form that could reasonably be expected to identify you, without your prior permission. Personal information collected in relation to your use of the Skinny Unlimited Broadband Services may be stored and processed in New Zealand or any other country in which we or our related companies or agents maintain facilities, and by using our Skinny Unlimited Broadband Services, you consent to any such transfer of information outside of New Zealand.
23. Disclosure of information
We may disclose information about you or your use of our websites and/or services without your prior permission if we have, acting reasonably, a good faith belief that such action is necessary to:
We do not sell, rent or lease our visitor or customer information to third parties.
We may send you notices by sending you a text, by emailing or writing to you, by calling you, by publishing the notice on our website or by issuing a public notice in the major newspapers.
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.
We may transfer to someone else all or any part of our side of the agreement you have with us, for example where are company ownership structure changes. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person.
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.
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.
Returns Policy
In addition to your rights under the Consumer Guarantees Act 1993, or other New Zealand legislation, if there are defects in the hardware of your Skinny Unlimited Broadband Modem within the first 24 months from the date you purchased it, you can return it to us for a replacement if you comply with this Returns Policy. The purchase of your Skinny modem is completed at the successful delivery of your modem. To be eligible to return the Skinny Unlimited Broadband Modem in accordance with this Returns Policy, please follow these steps:
Please note that installing custom firmware on (also known as “flashing”) your Skinny Unlimited Broadband Modem hardware will void your warranty. We will not accept returns of devices that have been flashed or otherwise have had custom firmware installed.
Change of Mind Policy
In addition to your rights under the Consumer Guarantees Act 1993 or other New Zealand legislation, if you change your mind about purchasing your Skinny Unlimited Broadband Modem you can cancel your purchase agreement with Skinny Unlimited Broadband for that equipment and receive a refund of the price you paid for it within three weeks of your return of the modem, provided you comply with this Change of Mind Policy
To be eligible to return the Skinny Unlimited Broadband Modem in accordance with this Change of Mind Policy, please follow these steps:
If the above conditions are not met, we may not be able to accept the modem back or apply a refund. (We do not refund shipping fees for original delivery or return.)
To find out more about our retired terms and conditions click here
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