Mobile Terms and Conditions

You must also ensure that your End User Terms include clauses regarding carryover and endless data, using substantially equivalent wording to that set out at here.

The key points to be included in your End User Terms are as follows:

• The terms for Services only covers the terms on which you may use the Services. They do not cover your purchase of your Handset.
• Services will be provided within the network coverage area but it is always possible that the quality or coverage area may be affected at times.
• You must not use the Services to cause any nuisance or for any illegal or improper purposes.
• You agree that we and our network provider can store, process and use your personal data, which we collect or which you submit to us.
• Fair Use Policy applies to the 2talk Network Services (details of the Fair Use Policy can be found at here.

The Minimum Terms to be included in your End User Terms are as follows:

1. Coverage

• The Services are only available within the coverage of the Network.
• We and our Network Provider will do our best to provide quality Services to you but there may be situations when the Services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service.
• Coverage and Services may be adversely affected by radio interference, geographic or atmospheric conditions, outages, maintenance works, over-loading, faults or limitations in your Handset or the mobile phone or other device of the person with whom you are communicating, faults or other operational difficulties in the Network or any other mobile telecommunications network to which the Network is connected, or other circumstances or factors not wholly in our or our Network Provider’s control. This means you may not receive all of the Services in all areas all of the time.
• Coverage and Services can also change as our Network Provider continues to manage, build, develop and improve the Network. Managing the Network includes prioritising certain types of traffic over other traffic at times of congestion.

2. The Services

• The maximum length of any one call you make is 180 minutes. If you reach this limit the call will be terminated. You can re-dial and continue the call should you wish to do so.
• Where a Service is only available in a specific geographic location this will be set out in the specific terms and conditions applicable to that Service.
• Not all Handsets and devices can receive all of the Services and some mobile phones and devices may not be compatible with the Network. We only agree to provide Services to you when you use a Handset or device of a make and model that is compatible with the Network. You are responsible for obtaining a compatible Handset or other device or equipment required by you to use the Services.
• We may restrict or prevent the use of voice over internet protocol (“VOIP”) or message over internet protocol (“MOIP”) communications on the Network, where your use of such communications would cause degradation or impact the performance of, the Network.
• The Services may be changed, suspended or removed by us and/or new Services introduced from time to time.

3. Your Responsibilities
   • You agree not to use the Services to make abusive, offensive or nuisance calls or communications (including spam) or for any illegal or fraudulent purpose. We may immediately cease providing Services to you if you do so.
   • You must not use any Handset which masks or in any way alters the true point of origin or termination of any call or other transmission over the Network.
   • Using or agreeing to use the Services does not give you any rights in any part of the Services. You must not resell or otherwise deal in any way with the whole or any part of the Services.

4. Liability

4.1. Our Network Provider has no obligations to you relating to Services set out in this agreement.

4.2. At all times when using the Services you are customer of ours and our Network Provider provides, grants or     confers any benefit, right or privilege on you. Our Network Provider excludes to the maximum extent permitted

by law all liability to you arising from or in connection with the provision of the Services.

4.3. Our Network Provider accepts no responsibility for any use of, or reliance on, the Services or their content, or for any disruptions to, or any failures or delays in, the Services.

5. SIM card

• Any SIM card we or our Network Provider issue to you or which otherwise comes into your possession remains our or our Network Provider’s property. You must return it to us in good condition and within 30 days of termination of your services with us, or otherwise if requested by us, and we reserve the right to charge you a reasonable fee if you fail to do so.

6. Mobile Phone Numbers and Number Portability

• We will allocate to you, or you may select from us (where this Service is available), a Mobile Phone Number, or it may be allocated to you by another Mobile Telecommunications Provider and Ported by you for use on the Network. Subject to these terms you have full rights to use the Mobile Phone Number allocated to you.
• If you are Porting a Mobile Phone Number for use on the Network from another Mobile Telecommunications Provider you confirm that you have the authority to request the Porting of that Mobile Phone Number, or have the relevant consent from the individual who has the rights to that Mobile Phone Number, to request the Porting of that Mobile Phone Number. You will be liable for any loss or damage resulting from breach of this obligation.
• You may Port your Mobile Phone Number to another Mobile Telecommunications Provider. If you wish to do so, you must contact the Mobile Telecommunications Provider to whom you wish to Port to and you will be responsible for completing the Porting requirements of that Mobile Telecommunications Provider.
• We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the Porting of the Mobile Phone Number to the other Mobile Telecommunications Provider. You will be responsible for all costs associated with Porting the Mobile Phone Number.
• Any Mobile Phone Number we allocate to you or you select from us is not owned by you and we may change any Mobile Phone Number we have allocated to you or you have selected from us at any time. We will give you notice in accordance with clause [xx] if we need to change your Mobile Phone Number.
• If you change the Mobile Phone Number we allocate to you to another Mobile Phone Number selected by you from us (not being a Mobile Phone Number Ported by you), and we find the selected Mobile Phone Number for sale within six months of when the SIM card using that Number was activated, we may disconnect your connection(s) to the Services without prior notice.
• If you or we disconnect your Connection(s) to the Services, and you have not Ported the Mobile Phone Number allocated to you by us or selected by you from us prior to disconnection, we may re-allocate the Mobile Phone Number to another customer.

7. Privacy

• You agree that our collection and use of information about you will be subject to our Privacy Policy.  Please ensure you have read and understood our Privacy Policy, which forms part of these terms and is published by us at [xx].

8. Roaming Overseas

• The terms and conditions on which you may use overseas networks will depend on your Handset, the country you are visiting and the terms and conditions of the Network Operators whose networks you connect to in each country. The terms and conditions and charges of those other Network Operators will apply in addition to ours.

9. Termination

• We may terminate this Agreement, your Account and/or terminate or suspend or restrict any connection(s) to a Service immediately without notifying you if:
  1. we suspect you of using the Services for any unlawful activity; or
  2. you tamper with or modify any SIM card issued to you by us.

10. Liability of other Network Operators and Suppliers

• We have certain obligations towards other Network Operators and suppliers. Those persons (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the Services we provide or from your use of those Services. This clause creates an obligation for the benefit of other Network Operators and/or our suppliers and may be enforced or otherwise relied upon by them

11. Intellectual Property

• All rights, including copyright in the Services and their content, belong to us, our Network Provider, or our licensed source, such as a content provider. We and they reserve all our and their rights.
• The “2degrees” trademark and other related images, logos and names on the Services are proprietary marks of Two Degrees Mobile Limited. 2degrees reserves all their rights.

12. Defined terms:

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

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

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

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

“Network” means the New Zealand mobile cellular network through which Services are provided, comprising the mobile cellular network owned and operated by 2degrees, as modified, upgraded or expanded from time to time.

“Network Provider” means Two Degrees [Mobile/Networks] Limited.

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

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

“Services” means the mobile telecommunications services made available by us and/or the Network operator and/or its Agents or approved third party suppliers to you over the 2degrees Network.

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