Home / Mobile Terms & Conditions
These terms (Mobile Terms) apply if we provide Mobile Services to you, in addition to the standard Kiwi VoIP Terms of Service (Standard Terms), which also apply to the Mobile Services. To the extent of any inconsistency between these Mobile Terms and the standard Kiwi VoIP Terms of Service, these Mobile Terms will prevail.
Defined terms in the Standard Terms have the same meaning in these Mobile Terms unless expressed to the contrary. In these Mobile Terms, unless the context otherwise requires:
Charges – means all monthly access charges, data usage, call or message charges and all other fees payable in accordance with the Plan, these Mobile Terms and as otherwise specified by Kiwi VoIP. Unless otherwise stated, all prices exclude GST.
Network Operator – means any entity with whom Vocus has entered into an supply or interconnection agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity.
Mobile Device – means a mobile or other cellular telecommunications device.
Phone Number – means a Mobile Device number which is either allocated to an End User by Vocus or which the Customer or an End User ported or is seeking to port.
Plan(s) – means a plan for each user containing a bundle of Mobile Services (e.g. calls, texts, data) for a fixed Charge.
Regulatory Event – means any legislative or regulatory change (including any determination, direction or decision by a regulatory authority or the introduction of, or change to, any regulations, reference offer or undertaking) that directly or indirectly has the effect of:
Mobile Services – means the mobile services provided by Kiwi VoIP as set out in these Mobile Terms.
SIM card – means the Subscriber Identity Module on a Mobile Device connected to the Kiwi VoIP network and includes any SIM card issued by Kiwi VoIP.
When using Kiwi VoIP services, you must not interfere with anyone else’s equipment or services, and you must respect Kiwi VoIP’s and others’ intellectual property rights. You must also respect our staff, and not threaten, bully, or harass our staff, or anyone else (when using our services). Never interfere with the reasonable use of our services by our other customers.
Respect Our Networks And Equipment
You must not do anything or introduce anything, like a virus, that could interfere with, damage, or harm our networks or equipment. Do not connect anything, like a phone or modem, to our network unless it has a telepermit or Kiwi VoIP label on it (or we tell you otherwise). If you lose, steal, or damage any part of our network or equipment, you might have to pay the repair or replacement costs. This will also apply to you if someone you are responsible for or someone using your services causes loss or damage to our network. It is up to you to make sure your in-home wiring and non-Kiwi VoIP equipment does not interfere with the services we provide to you.
Follow The Law
Make sure that the things you do when using our services are legal and above board by complying with all applicable laws, regulations, standards and codes when using our services, including, but not limited to, the Privacy Act 1993, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961, and not infringe a third party’s rights.
Fair Use By You
You must use our services fairly.
This means you agree to use them in a way that is not overly excessive or unreasonable. This policy is based on how most people use the service and helps us make sure everyone using it gets to enjoy it. If we, acting reasonably and in good faith, believe your use is excessive and unreasonable, we might need to restrict the service or stop providing it to you.
Using the services as they are designed
Follow all Kiwi VoIP’s reasonable directions about the use of our services.
Obtain any authorisation, licence or consent Kiwi VoIP think is necessary for us to provide the service to you (such as resource management or building consents).
Do not use the services, or content or anything else provided by us or available on our websites, in any way that implies an endorsement, sponsorship or association by us with any product, service, person or entity.
Make sure anyone else who uses the services we provide to you, or does anything relating to them, also meets your responsibilities. You can take steps to prevent unauthorised use of your services (for example, depending on the services, by using passwords, PIN numbers, toll barring options and/or other security measures to control who gains access to and uses your service). You will not be responsible and liable for any unauthorised use of the services if such use is a result of our breach of contract or negligence.