Terms & Conditions

Our lawyers made us do it

• Customer Terms

• Service Terms

• Online Shop Terms

• Promo Terms

• 40GB & 100GB Broadband Terms

• Unlimited Broadband Terms

• Retired Terms and Conditions

Customer terms

1. Our agreement

1. If you have a Skinny Prepaid connection that operates on our Network then you are a Skinny customer and you need to read these Customer Terms and the Services Terms (below) (together, the Skinny Prepaid Agreement or agreement) which together govern our contractual relationship with you for the provision of Skinny Prepaid Services on our Network.

2. This agreement applies from 11 May 2016, and replaces the earlier 17 March 2015 version

3. Depending on what Skinny Prepaid Services you choose to use of ours, 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.

4. From time to time, we may need to make changes to this agreement, the Services and/or Charges,  and any such changes will be made and notified to you in accordance with clause 14 below. The latest version of this Agreement will always be published on our website.

2. Interpretation

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" 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 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 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

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 Device, and access a range of other Services. You will need a Skinny SIM and a compatible Mobile Device to be able to connect to our Network and use the Services
2. We will try our best to provide quality Services to you at all times and with reasonable care and skill. 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 and our Services’ reliance on systems and other services that we do not own or control. We therefore cannot promise or guarantee that our Service will be continuous or fault-free or available at a particular location.
3. The quality, speed and coverage of the Services also depends partly on your Mobile Device, partly on our Network and partly on other telecommunications networks
4. 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
5. You will be charged for each MMS message that is sent from your Mobile Device (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 Device 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 Devices 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.
6. 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.
7. 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 Device or the Services in a way that is abusive or offensive or for an illegal or fraudulent purpose;
• not use your Mobile Device or the Services in a way that interferes with any other person's use or enjoyment of the Services;
• not use your Mobile Device 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 Devices and accessories approved for use with our Network and which comply with all relevant legislation and regulations (for example, those that you have purchased from us or our authorised retailers;
• 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 we give you about the use of the Services and your Mobile Device;
• 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, acting reasonably and in good faith, that it is 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 Device in order to perform any tasks that are reasonably necessary to protect you or our other customers and their use of the Services, and 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;
• comply with the terms of any loan agreement you agree with us relating to any Mobile Device or other equipment you rent from us or that is loaned to you, and return it to us in the same condition you received it, or pay us the replacement costs of such;
• that you may not transfer any benefit or obligation of this agreement it to any other person, 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 Device and the Services in breach of this Agreement. 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 Device or SIM complies with the obligations and responsibilities set out in clause 4.7 above. You can take steps to prevent unauthorized use of your Services (for example by using passwords, PIN numbers and other security measures to control who gains access to and uses your Mobile Device and Services).  
• 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.
• Prohibited Usage: From time to time, we may monitor usage patterns. If your usage of our Services (a) 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 (b) includes activities such as auto-dialing, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centers, and use of cellular trunking units (CTUs), then we may contact you to advise you that your usage is Prohibited. We may then request that you stop or alter your usage accordingly. If your Prohibited Usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, 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

1. Unless you Port a mobile phone number to us, we will allocate a mobile phone number to you for use with your Mobile Device 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, acting reasonably and in good faith and taking particular facts of each case into consideration, and our decision will be final.
2. In exceptional circumstances, we may be required to change the mobile phone number you use with your Mobile Device or SIM. Where we are required to change your allocated mobile phone number we will try and give you notice of this change.
3. 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>(for example, the cost of a new SIM that is compatible with that other Mobile Service Provider, or any outstanding charges that you owe us).
• 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

1. If the Services provide links to third party sites and/or Content, we are not 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
2. 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 in order to maintain the integrity or performance of our Network and/or our Services and, acting reasonably and in good faith, remove any Content we consider to be in breach of any law or third party right. Where we remove any Content in accordance with this clause we will notify you that we have done so and provide you with a reason.
3. and remove any Content we consider to be inappropriate or in breach of any law or third party right
4. Without limiting your rights under the Consumer Guarantees Act 1993, 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 Device; or
• fixing any faults in your Mobile Device 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 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.

7. Mobile phone and SIM

1. 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

2. You must keep your Mobile Device and the SIM secure at all times. We recommend>, in order to prevent unauthorised use of your Mobile Device and Services, that you use a PIN and other access code features provided with your Mobile Device 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.>While we will use security screening and authentication checks where available,  we may assume that any request or instruction we receive is authorised by you if it is made from your Mobile Device

3. 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.>Take care when entering the PUK1 Code because 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.>Because of the nature of the SIM technology we will not be able to get this information back for you. You will then need to purchase a new SIM which comes with a new PUK1 Code, if you wish to continue using the Services

4. If you suspect your Mobile Device 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 incurred in relation to the use of your Mobile Device or the SIM up to the time you inform us that your Mobile Device or SIM is lost or stolen and we have activated a block on your Mobile Device, whether the Charges have been incurred by you or someone else. You can take steps to prevent unauthorized use of your Services (for example by using passwords, PIN numbers and other security measures to control who gains access to and uses your Mobile Device and Services).  If your Mobile Device 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 Device and/or SIM if you wish to continue using the Services

5. If equipment, including your Mobile Device 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

6. Any responsibilities we may have for a Mobile Device or other equipment that you buy directly from us will be covered by a separate warranty or sales agreement for that Mobile Device or other equipment

7. You must pay the purchase price of any Mobile Device or other equipment you buy from us. We will continue to own the Mobile Device or other equipment until you have paid for it in full. The Mobile Device or other equipment will be at your risk from the time it is received by you

8. 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 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 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. 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. 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. To unlock your Skinny SIM Locked Mobile Device, visit the Skinny Website or call Skinny Customer Services on 0800 4SKINNY who can talk you through it.

8. Charges and your account

1. 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, however you can check your account balance and activity of your Skinny Prepaid Account in a number of ways, i.e. using the Skinny App, the Dashboard, the Skinny Mobile Menu, or by calling Customer Services. To contact Skinny, please phone 0800 4754669 (08004SKINNY). Opening hours: Mon-Fri 8am - 7pm; Sat & Sun and all Public Holidays 9am - 5pm.

2. 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.

3. The Charges for calls made from your Mobile Device 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.

4.  Skinny's standard data 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 billed at 5c per 256KB blocks, at the beginning of block usage.

5. 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 one hour, with a minimum charge of 20KB. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).

6. 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.

7. You are responsible for the use of your Mobile Device and you are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Device or SIM (with or without your knowledge). This includes when your Mobile Device or SIM has been lost or stolen, and prior to us activating a block on your Mobile Device or SIM.

8. 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

9. If the credit balance on your Skinny Prepaid Account is used up while you have an open data session, the session will be terminated.

10. 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.

11. 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.

12. 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.

13. 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.

14. You are responsible for any roaming services charges you incur, and you are liable for all charges incurred on your account or deducted from your prepaid balance while roaming.  Please note that 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.>To help you manage the Charges when you are roaming you can check out our helpful roaming tips on our Website.   ..

15. From time to time we may change Charges, and we make such changes and notify you in accordance with clause 14 of these Customer Terms.

9. Withholding, suspending or restricting services

1. 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 Device or SIM does not comply with the terms and conditions of this agreement or any other agreement with us, including any terms and conditions relating to Additional Services;
• you or anyone who uses your Mobile Device 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 Device or SIM has been lost or stolen.
• We may also need to suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading.
• When we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 9.1 above, you may have to purchase a new SIM, prepaid credit or Mobile Device, before you can use the Services again.
• Please note that 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

1. 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. 

      10.2 We may end this agreement immediately without notice to you if:

• we have the right to suspend your access to the Services for any of the reasons set out in clause 9.1 above that have not been rectified within two weeks;
• you breach this agreement in a material way (for example, if you do something that could negatively impact on our Network) and do not put it right within seven days of us asking you to, or
• you become insolvent or bankrupt, or a receiver, manager and receiver, or statutory manager is appointed over any or all of your assets, or any resolution is passed, or any proceeding is commenced to wind you up or liquidate you, or your poor payment history indicated, acting reasonably and in good faith, that you are unable to pay Charges.
• If this agreement ends for one of the reasons in clause 10.1 or 10.2 above:
  • 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 purchase a new SIM, credit and/or Mobile Device.
  • Ending this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards

11. Consumer Protection Legislation and Liability

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 13. The website  www.consumeraffairs.govt.nz is a useful place to visit to help you understand your rights under this legislation.

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.

3. Your liability to us:
   • you accept your liability to us for breach of contract or negligence, and
   • you are not liable for any loss to the extent that it is caused by us (for example, through our breach of contract or negligence).
4. Our liability to you:
   • we accept our liability to you for breach of contract or negligence subject to clause 11.9, and for our breach of consumer protection laws, such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 to the extent they apply to you. 
   • we are not liable for any loss to the extent that it is caused by you (for example, through your breach of contract or negligence).
5. 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.
6. 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.
7. 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 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 11.7. You will not be required to pay any Charges for any Services to the extent that such Services are not provided by us due to the circumstances contemplated by this clause 11.7.
8. 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 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
9. If we or any of the other parties listed in clause 11.8 above are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clause 11.8 (together) will have to pay you and anyone else who uses the Services we provide for you (together), will be:

• $1,000 for any event or for any series of related events; and
• a total of $5,000 in respect of all events in any 12 month period,

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.

12. Information about you

1. 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

2. 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

3. 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:

   • 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.

   • We may also collect, store and use information about you in accordance with our Privacy Policy that can be found on the Skinny Website

   • 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.

5. How we use your information:
   We use your information to measure the number of visitors to different parts of the site and for a number of different purposes connected with the provision of telecommunication services, for example, to measure the effectiveness of advertising.

   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.

6. Use of cookies for advertising and analytics:
   Our website places a cookie on the hard drive of your computer. A "cookie" is a file which allows us to track and target the interests of users. In addition, our website uses third party cookies from Google Analytics for Display Advertisers, including the following features:
   • Google Display Network Impression Reporting - which gives us additional insight into who has viewed our paid digital advertising on other websites. This will help us optimise and tailor our advertising.
   • DoubleClick Platform integrations & Remarketing with Google Analytics – the integrations between both our web analytics and paid advertising platforms together to give us additional insight. This allows us to tailor our advertising to ensure the right types and offers are shown to you while you are using the internet outside our website.
   • Google Analytics Demographics and Interest Reporting - which gives us insight into behaviour information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behaviour to give you a better experience whilst visiting our sites.

   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.

13. Changing these terms, Charges and Services

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.

14. 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.

15. Transferring our responsibilities

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.

16. 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.

17. Severability

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.

18. Waiver

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.

19. 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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Service Terms

These Terms apply to customers who sign up to Skinny services and/or re-subscribe to their Skinny Combo from 02 May 2017, and replaces the earlier 11 May 2016 version. If you’ve signed up to Skinny services and subscribed to your Combo prior to 02 May 2017, the 11 May 2016 terms will apply to you as long as you keep renewing your Combo.

1.   Introduction

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

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 14 of the Customer Terms.

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.

Details

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 Rates automatically apply to any usage.

For Four Week (28 day) Combos, included mins, texts, and data are valid for 28 days from purchase. Four Week Combos will auto-renew every 28 days if you have enough credit (unless cancelled).
For Weekly (7 day) Combos, included mins, texts, and data are valid for 7 days from purchase. Weekly combos auto-renew every 7 days if you have enough credit (unless cancelled).

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 combo’s allowance

If you have used up all of the minutes or texts included in your Combo, 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 combo.
If you have used up all of the MBs included in your Combo’s, your data will stop. You will need to purchase a data add-on or another Skinny Combo that includes data allowance, to be able to use data.

Combo Renewal

If you’ve 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 28 day Add-On in addition to your Combo your Add-On will renew 7 or 28 days after purchase if you have sufficient credit in your Skinny Prepaid Account and your Combo has auto renewed and is active.

Auto Renew Bonus

The auto renew bonus is available with the $5 Weekly Combo.  The bonus is awarded each time the Combo auto renews. The bonus lasts 7 days.  You must have sufficient credit for your Combo to auto renew.

Cancelling Combo

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 Combo, 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.

Combo Inclusions

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 or $46 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

Rollover Data only applies to the included data on the $16, $26, and $46 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 a non-eligible Combo, or if your eligible Combo 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 combo. You can keep and use any Rollover Data for 12 months from the date of original purchase. Rollover Data on the $16, $26, and $46 Combos 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 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 28 days of your Combo. If you have any unused Rollover Minutes after 28 days they will rollover into your next 28 day Combo provided your Combo auto-renewed at the end of its cycle. If you move to a non-eligible Combo, or if your eligible Combo 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 combo. You can keep and use all your Rollover Minutes for 12 months from purchase. Rollover minutes on the $16 and $26 Combos and Unlimited Minutes on the $46 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 28 day, to get Skinny’s 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. 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.

2.   Add-Ons

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 Combo, 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 Combo has auto renewed, is still active and you have enough credit to buy the Add-On. If you change Combo to a different eligible Combo, your Add-On will remain active and will still renew on its planned renewal date provided the combo 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 Combo cycle, you'll need to cancel the existing Add-On first and then purchase a new one using the Skinny Mobile Menu 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.

International Calling Add-Ons

You can view our International Calling Add-Ons here.

•  Aussie Chat Add-On gives you 120 minutes to use for calling landlines and mobiles in Australia. Calls will be rounded up to the closest minute.
• Overseas Chat Add-On gives you 300 minutes to use for calling landlines and mobiles in China, Hong Kong, India, UK, USA, Canada, Singapore, Thailand, Belgium, France, Denmark, Germany, Italy, Poland, Portugal, Spain, Sweden, South Korea, Malaysia, Bangladesh, Ireland, Netherlands or South Africa. Calls will be rounded up to the closest minute.
• The Aussie and Overseas Chat Add-ons will be valid for 30 days from purchase, and will not roll over.
•  If you have used up your Aussie and Overseas Chat minutes allocation, standard charges will apply.
• You cannot use your Aussie and Overseas Chat minutes allocation if you are roaming. Standard roaming rates will apply, or purchase an Overseas Roaming Add-On.

Roaming Add-Ons

You can view our Overseas Roaming Add-Ons here.

Aussie Roaming Daily and Aussie Roaming Weekly

Packs are available for 24 hours or 7 days respectively. 

Incoming calling allowances have been included to allow customers to receive calls on their mobile.
The outgoing calling allowance is for use within Australia as well as any country around the world.
The included texts allowance is for sending texts to Australian numbers as well as sending messages overseas.
The Aussie Roaming Daily and Aussie Roaming 500 Weekly can only be purchased as a one-off pack, and does not automatically recur. Once the pack is used customers will revert to casual rates for text and calling.  Casual data rates are not available. The inclusions within this pack apply for Prepaid roaming usage in Australia only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights).

Prepaid Aussie Roaming Daily and Weekly will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, and will expire 24 hours (Roaming Daily) or 7 days (Roaming Weekly) after purchase, or full consumption of inclusions. In order to avoid your Add-On being consumed outside of Australia it is recommended you purchase it once you land in Australia.

This Roaming Add-On is in addition to any NZ Combo or Add-On you already have. After this Roaming Add-On has been used, Casual Roaming Rates will apply.

Aussie Roaming 300 (300MB) and Aussie Roaming 500 (500MB)

Add-Ons are available for 7 days, and is a one-off purchase.

Once the Add-On is used customers must purchase another Overseas Roaming Add-On to continue to use data roaming.  Casual data rates are not available.

The data inclusion within this pack applies for prepaid and roaming usage in Australia only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights)

The Prepaid Aussie Roaming Data Pack will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of Australia it is recommended you purchase it once you land in Australia.

This Data Add-On is in addition to any NZ Combo or Add-On you already have.

International Daily Data Roaming 1

Pack is available for 24 hours, and is a one-off pack.

Once the Add-On is used customers must purchase another Overseas Roaming Add-On to continue to use data roaming.  Casual data rates are not available.

The data inclusion within this pack applies for prepaid and roaming usage in UK, USA, Hong Kong, or Saudia Arabia only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights)

The Prepaid International Daily Data Roaming 1 will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of the country you are travelling to it is recommended you purchase it once you land in.

This Data Add-On is in addition to any NZ Combo or Add-On you already have.
 
International Daily Data Roaming 2

Pack is available for 24 hours, and is a one-off pack.

Once the Add-On is used customers must purchase another Overseas Roaming Add-On to continue to use data roaming.  Casual data rates are not available.

The data inclusion within this pack applies for prepaid and roaming usage in Canada, China, Fiji, Samoa, Nauru, Vanuatu, Tonga, or Papua New Guinea only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights)

The Prepaid International Daily Data Roaming 1 will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of the country you are travelling to it is recommended you purchase it once you land in.

This Data Add-On is in addition to any NZ Combo or Add-On you already have.

International Daily Data Roaming 3

Pack is available for 24 hours, and is a one-off pack.

Once the Add-On is used customers must purchase another Overseas Roaming Add-On to continue to use data roaming.  Casual data rates are not available.

The data inclusion within this pack applies for prepaid and roaming usage in France, Indonesia, Japan, Singapore, Thailand or South Korea only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights)

The Prepaid International Daily Data Roaming 1 will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of the country you are travelling to it is recommended you purchase it once you land in.

This Data Add-On is in addition to any NZ Combo or Add-On you already have.

3.   Standard Rates, Overage, and Other Charges

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 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. 
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 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 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, Combo, or when you are using standard rates. Calls to Voicemail when on an active $46 Combo 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.

4.   Roaming

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 Spark 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 combo 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.

If your Skinny 28 Day or Weekly Combo 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. 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.

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.

5.   Other Services

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.

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 Combo 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/

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6. Linked Account

Skinny Mobile Linked Account service allows Skinny customers to:

• link all of their Skinny accounts under one account management portal (e.g. an iDevice SIM and an iPad SIM); or
• allow one Skinny customer to manage other Skinny customer’s 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.

Eligibility

1. 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.
2. A Child account cannot also be a Parent account
3. 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
4. Each Skinny SIM can only be part of a single Linked Account Group either as a Child account or Parent account.

The Service

1. Skinny will allow Parent accounts to have full access and management rights of each Child account.
2. By creating a Parent account Skinny customers agree to these terms and conditions.
3. 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.
4. 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

1. 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 Child’s 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

1. 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.
2. 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.

Cancellation

1. Skinny reserves the right to unlink any Parent and Child relationship at any time and without prior notification.
2. 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 Parent’s 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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7.   Skinny device 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 Page and log your CGA repair claim. Select the ‘It’s not working’ section on the returns page.
• As part of logging your CGA repair claim, you will have a $55 Assessment Bond ‘held’ with your credit or debit card. This Assessment Bond will be released 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 be charged the $55 Assessment Bond.
• You will need to fill in the form on the Skinny Dashboard ‘Returns & Repair’ tab, which you will then print out and send to our repair agency (Telegistics) at your own cost. Telegistics address is 
  ATTN: Telegistics Repair
  117 Carbine Road
  Mt Wellington 1060
  Auckland
• 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, Skinny’s 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 have your $55 Assessment Bond released.
• 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 will be charged.

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.

8.   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 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 phone 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
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.

9.  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.
• 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.

10.    Promo Terms

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:

• Limit one use of discount code per customer
• Discount code will give $99 off the Wireless Broadband Modem
• Only available when purchasing the $52 100GB Wireless Broadband Plan
• Customers who received the offer on 18 April 2017 have until 18 May 2017 to take up the offer. Customers who received the offer SMS on 17 May 2017 have until 16 June 2017 to take up the offer
• Can only be used if your address is eligible for Skinny Wireless Broadband. Address eligibility can be checked at skinny.co.nz/broadband

Coupons

1. 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 Skinny’s sole discretion. Coupons may expire on a certain date and time.
2. The individual coupon rules will be communicated at the time of the distribution of coupons when possible or specified on the website.
3. Coupons can apply discounts either as dollar amounts or percentages.
4. Coupons may not be transferred, used to purchase credit on your account or exchanged for cash.
5. 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.
6. Skinny retains the right not to honour a coupon code or to disable it at any time and if you have paid for the coupon Skinny, at its sole discretion, will provide you with either a replacement coupon of the same value or reimbursement for the canceled coupon.
7. 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

Facebook Competitions and Giveaways

1. By participating in any competition or giveaway advertised by Skinny Mobile (“Skinny”) on its Facebook page (the “Competition”), you confirm that you accept and agree to these competition terms.
2. The Promoter of the Competition is Skinny a division of is Spark New Zealand Trading Limited (“Spark”).  The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook.  You completely release Facebook from any and all liability associated with this Competition.  
3. Employees of Spark and Skinny Mobile are not eligible to enter.
4. Entrants must follow the instructions on the Competition Facebook post to enter this competition.
5. The Competition entry closing and opening dates will be specified on the Competition Facebook post.
6.  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.
7.   All entries to this Competition become the property of Skinny and will not be returned to the entrants.
8. The winner(s) will be drawn as specified by the Facebook Competition post. The prize winner(s) will receive the prize that is advertised on either the Facebook Competition post or the Facebook Competition photo or another prize of equal value. 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 (including any travel related costs where relevant and unless otherwise specified in the Facebook Competition post).
9. Skinny will endeavour to notify each of the prize winners by email, text or phone. However, if the winner cannot be reached within three working days, we may redraw a new prize winner without liability to any person. Skinny reserves the right to contact the selected winners by other means.
10. Prizes cannot be transferred or exchanged or redeemed for cash. Skinny takes no responsibility for entries or prizes that are lost or destroyed.
11. Accepting the prize constitutes a winner's consent to be photographed and/or interviewed by Skinny and for Skinny to use his or her name, city/town of residence, competition entry and/or photographs and interviews for Competition or publicity purposes without compensation. This includes on Skinny’s website, direct and social media channels.
12. The winner acknowledges that redemption of some prizes may require the winner to be at least 18 years of age or have parental/ guardian consent. We will let you know on our Facebook Competition post.
13. 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.
14.  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.
15. Any personal information collected as part of this Competition will be held by Skinny in accordance with its privacy policy. You have the right to access, update and correct such information.
16. All Facebook competitions are restricted to people 18 years and over unless otherwise specified.

Limited time offers:

Free data weekends offer

1. ‘Free Data Weekends’ includes free 2GB of Bonus mobile data to be used in New Zealand, starting every Friday midnight (Saturday 12:00 am), for 48 hours, subject to eligibility.
2. Delays of up to 10 minutes may occur in applying the free data to your account, but don’t worry it’ll happen, we promise.
3. Offer available to new customers who activate their new Skinny Mobile SIM between 1/11/2016 and 16/01/2017
4. Offer applies for 3 months from the date of SIM activation. Where the last day of the availability period falls on a Saturday or a Sunday, the 2GB Bonus data will apply in full for the duration of the weekend.
5. Eligible combos include $16, $26 and $46 Skinny Mobile Monthly Combos.
6. To be eligible for the Bonus data on the specific weekend, you must have an active eligible Combo prior to Friday midnight (Saturday 12:00 am). 

• If you purchase an eligible combo during the weekend, the Bonus data will not apply until the next weekend. Blame the silly season.

1. If you deactivate the Combo during the eligibility period, or if your Combo doesn’t renew, new Bonus data will not apply until you activate a new Combo.

Skinny Student Shout

Available to NZ tertiary students who are new to Skinny Mobile. Offer available until 31/03/16 and bonus quota ends 30/06/16. Bonus quota available on selected Monthly Combos only. Combo renews every 30 days (unless cancelled). Unused Rollover Data remains valid for 12 months and can be used only with an eligible Combo. Person to person standard NZ calls & texts only. Premium rate numbers excl. Use in NZ only. Bonus may be withdrawn at any time by Skinny without notice.

Skinny Feedback

• 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 Monday 22 Feb 2016 and ends at noon Thursday 25 Feb 2016.  
• All valid entries received by noon Thursday 25 Feb 2016 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 Monday 29 Feb 2016.
• 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.
• The prize winner will receive the following:

1. Skinny Broadband modem
2. First month free Skinny Broadband

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. If the winner's address is not eligible for Skinny Broadband they will receive a Samsung J1 Ace.

• 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.
• Any personal information collected as part of this Competition will be held by Skinny accordance with its privacy policy. You have the right to access, update and correct such information.
• By engaging in this Competition, you understand and agree that you are providing your information to Skinny.
• By participating in this Competition, you understand that our competition app will place a cookie on the hard drive of your computer. A "cookie" is a file which allows Skinny to track and target the interests of users, and serve ads based on your prior visits to this website. Third party vendors, including Google, show our ads on sites on the Internet and use cookies to serve ads based on your prior visits to this website. You have the option to opt out of Google's use of cookies by visiting the Google advertising opt-out page (http://www.google.com/privacy_ads.html). Alternatively you may opt out of cookies by visiting the Network Advertising Initiative opt out page (http://www.networkadvertising.org/managing/opt_out.asp)

Samsung Galaxy S7 50% Combo Bonus Terms

​50% Combo Bonus (50% more data, texts and calls added to their chosen monthly Combo) available to customers who purchase a Samsung Galaxy S7 online at skinny.co.nz between 11 March 2016 - 11 April 2016. Max. 1 per eligible customer. Bonus applies to $9, $16, $26 and $46 Monthly Combos only. Your Bonus will apply on the first ​renewal date, and the next 11 following renewals, as long as you stay a Skinny customer on an eligible Combo. No bonus on Standard rates, Add-ons or other Combos. Bonus applies for 12 consecutive renewals, provided your Combo isn’t cancelled. Combo renews every 30 days (unless cancelled). Unused Rollover Data remains valid for 12 months provided your Rollover Data Combo auto-renews each month and isn’t cancelled. Texts and Rollover Mins are to NZ & Australian mobiles & standard landlines. Person to person standard calls & texts only. Premium rate numbers excl. Use in NZ only.

Skinny Collect terms and conditions:

For Skinny Collect terms & conditions, please refer to https://www.skinny.co.nz/collect/collect-terms/

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40GB & 100GB Broadband terms and conditions

Updated 16 Jan 2017

Skinny Broadband 40GB and 100GB 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 Broadband 40GB and 100GB 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 Broadband 40GB and 100GB 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 Broadband 40GB and 100GB 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 phone 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
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.

General terms and conditions:

• Skinny Broadband 40GB and 100GB is only available in certain 4G coverage areas. 4G coverage is not available everywhere. Although there will be more coverage rolled out over time, Skinny Broadband 40GB and 100GB is not available everywhere yet. So to check if you can get it at your place, and for what you need, check out skinny.co.nz/broadband
• You can only use your Modem to receive the Skinny Broadband 40GB and 100GB service at the location you entered into the address checker when you signed up to Skinny Broadband 40GB and 100GB (the installed location).
• If we become aware that you are using your Modem at a location other than the installed location, we reserve the right to terminate your Skinny Broadband 40GB and 100GB service without notice. The reason we retain this right is that we need to be able to manage the network to ensure that all customers using the network receive a reliable a consistent service.
• If you are moving and would like to use your Modem at your new address contact us and we will let you know if you can continue to use the Skinny Broadband 40GB and 100GB at your new place.
• Skinny does not guarantee that the service can be supplied at a particular location. In the event that service is not available at your location, you can return your Modem to Skinny within 30 days of receiving the Modem for a full refund of the purchase price and first month's access fees, if you paid for them (excludes purchases of additional data). See our 30 day money back guarantee for full information.
• Skinny Broadband 40GB and 100GB requires a Modem. Sorry, the Modem can only be used at the address you used when you first signed up to get Skinny Broadband 40GB and 100GB.  The Modem costs $99 but we courier it to you free of charge.
• The super-duper Skinny Broadband 40GB and 100GB Plan automatically renews every 30 days (unless you decide to cancel it first). Any used data expires after 30 days and does not rollover.
• Once you've used all the data in your Broadband 40GB and 100GB Plan, your data will come to a complete stop. To get going again you will need to buy a Broadband 40GB and 100GB Plan again or a Broadband 40GB and 100GB Add-On. Just sign into your Skinny dashboard to buy.
• Unfortunately, Skinny Broadband 40GB and 100GB customers are not eligible for offers and promotions that are available to Skinny Mobile customers, unless it says so in those terms and conditions.
• If you don’t use Skinny Broadband 40GB and 100GB for 12 months, it will stop working altogether you’ll need to call our Care team to fire it up again.
• The Skinny Broadband 40GB and 100GB SIM was only made to be used in the Modem that it came with. It won’t work in another data device. It also can’t be used for calling, texting, MMS, or checking voicemail.
• If you cancel your Broadband 40GB and 100GB Plan during the 30 days, or it fails to renew due to insufficient credit, never fear, you'll keep any remaining quota until its expiry date.
• If you have an existing broadband 40GB and 100GB connection with another provider, you are responsible for arranging for disconnection of this service.
• The Modem contains a SIM card. You may not use this SIM card in any other device. It remains our property and you must return it to Skinny on request.
• The Modem requires mains power. In the event of a power failure, service will not be available, including access to emergency services.
• Charging for Skinny Broadband 40GB and 100GB starts once your service is connected to the network.
• Any unused data within a monthly data bundle will not be carried forward to the following month.
• The Skinny Broadband 40GB and 100GB service is not able to be used as a gateway server.
• Static IP is not available on Skinny Broadband plans.
• Upstream and downstream speeds are based on a theoretical maximum, and actual speeds will be affected by various factors including NZ and overseas networks, your modem and computer technology, and other environmental factors.
• Skinny Broadband 40GB and 100GB does not include landline or phone number.
• Services such as medic alerts, monitored home alarms, faxes, interactive features of SKY digital or PABXs are incompatible.
• Skinny Broadband 40GB and 100GB is not a static IP address so it can’t be used as a gateway server or for hosting particular games.
• Skinny Broadband 40GB and 100GB can’t do VOIP.

Skinny Unlimited Broadband - Terms and Conditions

Updated 16 Jan 2017

1. Our agreement

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.

2. The Skinny Unlimited Broadband Services are described in:

• these Customer Terms (which describe, for example, any service limitations and what charges may apply);
• the Skinny Unlimited Broadband product pages, as set out on our website (describing the Service); and
• the “frequently asked questions” about Skinny Unlimited Broadband on our website (describing the Service)

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. Changes to Terms, Charges and Services

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.

6. Connection and installation

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:

• The activation of your Skinny Unlimited Broadband Service will result in you experiencing a temporary loss of your broadband connection. Normal service is usually resumed within an hour.
• If, despite our reasonable efforts, your Skinny Unlimited Broadband installation fails (e.g. the technician is unable to get the service running), any equipment will remain at your premises and you will not be charged for the installation.
• If you decide to cancel your Skinny Unlimited Broadband order, through no fault of ours or the installer, after you have accepted your order and have been provided an installation date for a non-standard installation, we may charge you a cancellation fee. This will not apply where you do not agree to any additional work or costs.

7. Speed

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.

8. Modem

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.

9. Charges

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.

10. Changing Broadband plans

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. Withholding, suspending, restricting or disconnect Skinny Unlimited Broadband Services

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:

• you or anyone who uses them in any way that does not comply with these Customer Terms or any other terms and conditions relating to the Skinny Unlimited Broadband Services, or puts our Skinny Unlimited Broadband Services at risk;
• you harass, abuse or threaten our staff.

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 15.1 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. Giving up or ending services

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:

• 12.2.1 we have the right to suspend your access to the Skinny Unlimited Broadband Services for any of the reasons set out in clause 15.1 above that have not been rectified within two weeks;
• 12.2.2 you breach this agreement in a material way (for example, if you do something that could negatively impact on our services or network) and do not put it right within seven days of us asking you to, or
• 12.2.3 you become insolvent or bankrupt, or a receiver, manager and receiver, or statutory manager is appointed over any or all of your assets, or any resolution is passed, or any proceeding is commenced to wind you up or liquidate you, or your poor payment history indicated, acting reasonably and in good faith, that you are unable to pay charges owing.

Our disclaimers relating to Broadband

13. Availability of Skinny Unlimited Broadband Services

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.

14. Content disclaimer

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.

15. Third party infrastructure, systems and services

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.

16. Communication Services

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.

17. Data usage

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:

• The effect your use of the Skinny Unlimited Broadband Services may have on networks, equipment and other parties; and
• Compliance with “netiquette” and internet conventions; and
• The fact that such use must not interfere with the availability of any of the services to others or any other services offered by us and other internet providers and carriers to others.
• Illegal Uses – You must not use the Skinny Unlimited Broadband Services in ways that constitute criminal or civil breaches of any statute, regulations, government requirements or any other law (including general or common law) of any country. Those breaches include, without limitation, breach of intellectual property rights (such as copyright, trademarks, patents, trade secrets and confidential information); defamation; breach of obscenity laws and laws as to objectionable publications, such as pornography and hateful materials; fraud; theft; misappropriation of money, credit card details or personal information; breaches of privacy obligations; and breaches of trade practices legislation, examples of which are the Fair Trading and Consumer Guarantees Acts (New Zealand).
• Security and Protection of the Network – You must not use the Skinny Unlimited Broadband Services to breach, or attempt to breach, the security and operation of any network, equipment or any other system. This includes: hacking, cracking into, monitoring, or using systems without authority; scanning ports (including scanning for open relays); improper configuration of mail servers and FTP servers enabling distribution of spam or unlicensed material by others; interference of service to any user or network (or activities that might encourage such interference by others) including mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks; denial of service attacks or activities which might encourage denial of service attacks by others; unnecessarily excessive traffic (including excessive pings); distributing viruses, or other harmful material or software; any communications across the services which do not accurately identify (or disclose in a manner that is misleading) addresses, headers, names and other relevant details; and using our network in any way as a staging ground for any of those breaches or to disable or “crack” other systems.
• Industry Codes – You must not use the Skinny Unlimited Broadband Services in a way that breaches any material standard, code and content requirements produced by any relevant authority or industry body.
• Threats – You may not use the Skinny Unlimited Broadband Services to transmit content of a threatening nature including threats of death, physical harm and defamation.
• SPAM – Sending spam is not permitted.

18. Technical requirements

• Skinny Unlimited Broadband uses Carrier Grade NAT. This will not interfere with most uses of the internet.

19. Service Reliability

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.

20. Support

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. Consumer Protection Legislation and Liability

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 22. 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:

• you accept your liability to us for breach of contract or negligence, and
• you are not liable for any loss to the extent that it is caused by us (for example, through our breach of contract or negligence).
• If you are ever liable to us your liability is limited to: 1. $5,000 for any event or series of related events; and 2.A total of $10,000 in respect of all events in any 12 month period, provided we notify you of our claim within 12 months after we reasonably become aware of the occurrence of the relevant event or series of events that gave rise to our claim. These limitations do not apply to your obligation to pay any charges, for any loss or damage caused by fraud, gross negligence, wilful breach or wilful damage.

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:

•  we accept our liability to you for breach of contract or negligence, and, subject to clause 21.2 above, for our breach of consumer protection laws, such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
• we are not liable for any loss to the extent that it is caused by you (for example, through your breach of contract or negligence).

21.5 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.

21.6 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 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.

21.8 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

21.9 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 21.7.

21.10 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.

21.11 If we or any of the other parties listed in clause 21.9 are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clause 21.9 (together) will have to pay you and anyone else who uses the Services we provide for you (together), will be:

• $5,000 for any event or for any series of related events; and
• a total of $10,000 in respect of all events in any 12 month period,

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:

• Provide our Skinny Unlimited Broadband Services for you and others
• Recover money you owe
• Keep you informed of and conduct, sales and marketing activities in relation to services available to, or planned for, you from us and other people
• Exercise any lawful right we or any of our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners has

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:

• Conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law
• Protect our rights or property or those of our related companies
• Enforce our Customer Terms
• Act to protect the interests of our, or our related companies, customers or others

We do not sell, rent or lease our visitor or customer information to third parties.

24. Sending notices

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.

25. 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.

26. Transferring our responsibilities

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.

27. Severability

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.

28. Waiver

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.

29. 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.

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. Your purchase of Skinny Unlimited Broadband modem becomes effective at the end of your online purchase journey. To be eligible to return the Skinny Unlimited Broadband Modem in accordance with this Returns Policy, please follow these steps:

• You will be sent a courier bag in which to return your equipment. The equipment must be returned to Skinny Unlimited Broadband, or our nominated agent, and received at the address we provide within 18 days after you receive the courier bag.
• We will send a replacement for the returned equipment, the replacement may be new or refurbished stock.
• If you do not return the equipment you consider to be defective back to us in accordance with this Returns Policy, or we do not find a defect in the equipment (acting reasonably and in good faith), Skinny Unlimited Broadband may charge you for the retail price of any equipment it has sent you as a replacement.
• Replacement items are not subject to a new 24-month replacement period; the original 24 month timeframe that started when you first purchased the equipment remains.

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:

• You must contact Skinny to arrange the return of your equipment within 7 days of receiving your purchase. Your purchase of Skinny Unlimited Broadband becomes effective at the end of your online purchase journey.
• You will then need to return the equipment to Skinny Unlimited Broadband, or our nominated agent, at your own cost to the address we provide within 7 days after notifying us.
• The original Skinny Unlimited Broadband packaging must contain each item in the transit packaging it was delivered to you in, the original Skinny Unlimited Broadband packaging must not be damaged and the equipment must be unused and ‘as new’.

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.)

Retired Terms and Conditions

To find out more about our retired terms and conditions click here

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