Spark has a WiFi network operating at selected phone booths and other locations around New Zealand (the Locations), which allows users to access the Internet (the Service).
Your use of the Service is governed by these terms and conditions (these Terms). If you are a Spark customer, these Terms apply together with our other applicable terms. These Terms will prevail to the extent that they are inconsistent with our other terms:
Personal customers: View Personal Terms
Business customers: View Business Terms
By accessing or using the Service, you are agreeing to all of these Terms.
From time to time, we may make the Service available at the Locations.
We may at any time:
You will need to accept these Terms and follow the connection instructions provided when you attempt to connect to the Service. We may require you to do this each day when you first try to connect to the Service.
The Service is currently made available at no charge. We may withdraw free access to the Service at any time, in which case we’ll let you know the charges, period of access and amount of included data when you try to connect to the Service. Where we are charging for the Service, you may be required to make payment through our online portal (including providing your mobile number and credit card details) before you can use the Service.
We currently provide a data allowance of 1GB per day. Once you have consumed your data allowance, you won’t be able to use the Service until your data allowance resets (midnight each day).
We may impose specific data allowances in connection with any free or paid use of the Service (in which case, where you consume the data allowance, your use of the Service will be restricted until the relevant allowance period resets).
To use the Service, you will need a WiFi-capable device with WiFi enabled. We don’t accept any responsibility for the device or software that you use to access the Service. We don’t guarantee your device will operate as intended with the Service and we don’t provide technical support for your device.
The Service is not available in all areas. You must be located at a Location to use the Service.
We do not provide guaranteed upload speeds, download speeds or latency levels for the Service. The Service may be subject to capacity and speed restrictions. To the maximum extent permitted by law:
The Service may be impacted by a number of factors beyond our control e.g. by distance, geographic, atmospheric or other conditions, and the number of users using the Service at that Location at the same time.
You are solely responsible for securing your device against unauthorised access, viruses and malicious code. You should ensure that you take appropriate measures to protect the security of your device, including encrypting your connection via VPN and using up-to-date firewall and anti-virus software.
You accept that we have no control over the information transmitted via the Service and will not be responsible for such information. Subject to any rights that may apply under the Consumer Guarantees Act, we have no obligation to compensate you for such information and/or such use.
We may modify, temporarily suspend or cancel the Service or any part of it at any time and without advance notice to you. We may filter content on the Service.
Your access to the Service is conditional upon your legal, proper and responsible use of the Service. You agree to:
If we reasonably believe that you have breached any of these Terms, or that you have misused the Service in any way, we may immediately suspend or terminate your access to the Service without any further notice to you. However, where possible we will endeavour to notify you prior to terminating your access to the Service.
You must not use the Service in any of the following ways or for any of the following activities:
We'll handle your personal information in accordance with our privacy policy. View the Spark Privacy Policy
If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, you acknowledge that, to the maximum extent permitted by law, the provisions of that Act do not apply to the Services.
To the maximum extent permitted by law, neither party will be liable to the other for any indirect or consequential damage, loss, cost or expense (or for any loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising out of or in connection with the Service or these Terms.
Each party’s total liability to the other in respect of any matter arising out of or in connection with the Service or these terms, will be limited in aggregate to the greater of:
The limitations and exclusions of liability in these Terms do not apply to:
Each party will take reasonable steps to avoid or minimise any losses that it suffers under these Terms.
We exclude all implied representations and warranties in respect of the use of the Service to the maximum extent permitted by law. If any term, condition or warranty is implied into these terms and conditions which by law cannot be excluded, but may be limited, then, subject to that law, our liability in respect of such term, condition or warranty (including to any person claiming through you) is limited, at our option, to either:
If you are using any the Service purposes other than in relation to a business, then we accept that you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these Terms is intended to affect any rights which you may have under that legislation which we are unable by law to exclude or limit. If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, you agree that the provisions of that Act do not apply to the Service or these Terms.
You agree to indemnify and hold harmless us and our related companies, officers, directors, employees and agents from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable solicitor’s fees) arising out of or related to your use of the Service, or any materials downloaded or uploaded using the Service, or any actions taken by you in connection with your use of the Service.
No other Spark company, network operator 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.
We will not be liable to you for any suspension, failure or unavailability of the Service, or inability to perform these Terms, that is caused by any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, epidemic, pandemic or any other circumstance beyond our reasonable control.
We may change these Terms or the Service by changing or removing existing Terms, services, or charges or by adding new ones at any time. Changes may take the form of completely new Terms. We will publish these new or amended Terms on our website and/or in the online portal that appears when you connect to the Service.
If for any reason any of these Terms us is found to be unenforceable, it will be severed from these Terms and the remaining Terms will remain binding the maximum possible extent.
Our Services are provided under New Zealand law. If you want to bring a claim against us you agree to do so in a New Zealand court.
Spark has a WiFi network operating at selected phone booths and other locations around New Zealand (the Locations), which allows users to access the Internet (the Service).
Your use of the Service is governed by these terms and conditions (these Terms). If you are a Spark customer, these Terms apply together with our other applicable terms. These Terms will prevail to the extent that they are inconsistent with our other terms:
Personal customers: View Personal Terms
Business customers: View Business Terms
By accessing or using the Service, you are agreeing to all of these Terms.
From time to time, we may make the Service available at the Locations.
We may at any time:
You will need to accept these Terms and follow the connection instructions provided when you attempt to connect to the Service. We may require you to do this each day when you first try to connect to the Service.
The Service is currently made available at no charge. We may withdraw free access to the Service at any time, in which case we’ll let you know the charges, period of access and amount of included data when you try to connect to the Service. Where we are charging for the Service, you may be required to make payment through our online portal (including providing your mobile number and credit card details) before you can use the Service.
We currently provide a data allowance of 1GB per day. Once you have consumed your data allowance, you won’t be able to use the Service until your data allowance resets (midnight each day).
We may impose specific data allowances in connection with any free or paid use of the Service (in which case, where you consume the data allowance, your use of the Service will be restricted until the relevant allowance period resets).
To use the Service, you will need a WiFi-capable device with WiFi enabled. We don’t accept any responsibility for the device or software that you use to access the Service. We don’t guarantee your device will operate as intended with the Service and we don’t provide technical support for your device.
The Service is not available in all areas. You must be located at a Location to use the Service.
We do not provide guaranteed upload speeds, download speeds or latency levels for the Service. The Service may be subject to capacity and speed restrictions. To the maximum extent permitted by law:
The Service may be impacted by a number of factors beyond our control e.g. by distance, geographic, atmospheric or other conditions, and the number of users using the Service at that Location at the same time.
You are solely responsible for securing your device against unauthorised access, viruses and malicious code. You should ensure that you take appropriate measures to protect the security of your device, including encrypting your connection via VPN and using up-to-date firewall and anti-virus software.
You accept that we have no control over the information transmitted via the Service and will not be responsible for such information. Subject to any rights that may apply under the Consumer Guarantees Act, we have no obligation to compensate you for such information and/or such use.
We may modify, temporarily suspend or cancel the Service or any part of it at any time and without advance notice to you. We may filter content on the Service.
Your access to the Service is conditional upon your legal, proper and responsible use of the Service. You agree to:
If we reasonably believe that you have breached any of these Terms, or that you have misused the Service in any way, we may immediately suspend or terminate your access to the Service without any further notice to you. However, where possible we will endeavour to notify you prior to terminating your access to the Service.
You must not use the Service in any of the following ways or for any of the following activities:
We'll handle your personal information in accordance with our privacy policy. View the Spark Privacy Policy
If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, you acknowledge that, to the maximum extent permitted by law, the provisions of that Act do not apply to the Services.
To the maximum extent permitted by law, neither party will be liable to the other for any indirect or consequential damage, loss, cost or expense (or for any loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising out of or in connection with the Service or these Terms.
Each party’s total liability to the other in respect of any matter arising out of or in connection with the Service or these terms, will be limited in aggregate to the greater of:
The limitations and exclusions of liability in these Terms do not apply to:
Each party will take reasonable steps to avoid or minimise any losses that it suffers under these Terms.
We exclude all implied representations and warranties in respect of the use of the Service to the maximum extent permitted by law. If any term, condition or warranty is implied into these terms and conditions which by law cannot be excluded, but may be limited, then, subject to that law, our liability in respect of such term, condition or warranty (including to any person claiming through you) is limited, at our option, to either:
If you are using any the Service purposes other than in relation to a business, then we accept that you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these Terms is intended to affect any rights which you may have under that legislation which we are unable by law to exclude or limit. If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, you agree that the provisions of that Act do not apply to the Service or these Terms.
You agree to indemnify and hold harmless us and our related companies, officers, directors, employees and agents from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable solicitor’s fees) arising out of or related to your use of the Service, or any materials downloaded or uploaded using the Service, or any actions taken by you in connection with your use of the Service.
No other Spark company, network operator 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.
We will not be liable to you for any suspension, failure or unavailability of the Service, or inability to perform these Terms, that is caused by any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, epidemic, pandemic or any other circumstance beyond our reasonable control.
We may change these Terms or the Service by changing or removing existing Terms, services, or charges or by adding new ones at any time. Changes may take the form of completely new Terms. We will publish these new or amended Terms on our website and/or in the online portal that appears when you connect to the Service.
If for any reason any of these Terms us is found to be unenforceable, it will be severed from these Terms and the remaining Terms will remain binding the maximum possible extent.
Our Services are provided under New Zealand law. If you want to bring a claim against us you agree to do so in a New Zealand court.
Spark has a WiFi network operating at selected phone booths and other locations around New Zealand (the Locations), which allows users to access the Internet (the Service).
Your use of the Service is governed by these terms and conditions (these Terms). If you are a Spark customer, these Terms apply together with our other applicable terms. These Terms will prevail to the extent that they are inconsistent with our other terms:
Personal customers: View Personal Terms
Business customers: View Business Terms
By accessing or using the Service, you are agreeing to all of these Terms.
From time to time, we may make the Service available at the Locations.
We may at any time:
You will need to accept these Terms and follow the connection instructions provided when you attempt to connect to the Service. We may require you to do this each day when you first try to connect to the Service.
The Service is currently made available at no charge. We may withdraw free access to the Service at any time, in which case we’ll let you know the charges, period of access and amount of included data when you try to connect to the Service. Where we are charging for the Service, you may be required to make payment through our online portal (including providing your mobile number and credit card details) before you can use the Service.
We currently provide a data allowance of 1GB per day. Once you have consumed your data allowance, you won’t be able to use the Service until your data allowance resets (midnight each day).
We may impose specific data allowances in connection with any free or paid use of the Service (in which case, where you consume the data allowance, your use of the Service will be restricted until the relevant allowance period resets).
To use the Service, you will need a WiFi-capable device with WiFi enabled. We don’t accept any responsibility for the device or software that you use to access the Service. We don’t guarantee your device will operate as intended with the Service and we don’t provide technical support for your device.
The Service is not available in all areas. You must be located at a Location to use the Service.
We do not provide guaranteed upload speeds, download speeds or latency levels for the Service. The Service may be subject to capacity and speed restrictions. To the maximum extent permitted by law:
The Service may be impacted by a number of factors beyond our control e.g. by distance, geographic, atmospheric or other conditions, and the number of users using the Service at that Location at the same time.
You are solely responsible for securing your device against unauthorised access, viruses and malicious code. You should ensure that you take appropriate measures to protect the security of your device, including encrypting your connection via VPN and using up-to-date firewall and anti-virus software.
You accept that we have no control over the information transmitted via the Service and will not be responsible for such information. Subject to any rights that may apply under the Consumer Guarantees Act, we have no obligation to compensate you for such information and/or such use.
We may modify, temporarily suspend or cancel the Service or any part of it at any time and without advance notice to you. We may filter content on the Service.
Your access to the Service is conditional upon your legal, proper and responsible use of the Service. You agree to:
If we reasonably believe that you have breached any of these Terms, or that you have misused the Service in any way, we may immediately suspend or terminate your access to the Service without any further notice to you. However, where possible we will endeavour to notify you prior to terminating your access to the Service.
You must not use the Service in any of the following ways or for any of the following activities:
We'll handle your personal information in accordance with our privacy policy. View the Spark Privacy Policy
If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, you acknowledge that, to the maximum extent permitted by law, the provisions of that Act do not apply to the Services.
To the maximum extent permitted by law, neither party will be liable to the other for any indirect or consequential damage, loss, cost or expense (or for any loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising out of or in connection with the Service or these Terms.
Each party’s total liability to the other in respect of any matter arising out of or in connection with the Service or these terms, will be limited in aggregate to the greater of:
The limitations and exclusions of liability in these Terms do not apply to:
Each party will take reasonable steps to avoid or minimise any losses that it suffers under these Terms.
We exclude all implied representations and warranties in respect of the use of the Service to the maximum extent permitted by law. If any term, condition or warranty is implied into these terms and conditions which by law cannot be excluded, but may be limited, then, subject to that law, our liability in respect of such term, condition or warranty (including to any person claiming through you) is limited, at our option, to either:
If you are using any the Service purposes other than in relation to a business, then we accept that you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these Terms is intended to affect any rights which you may have under that legislation which we are unable by law to exclude or limit. If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, you agree that the provisions of that Act do not apply to the Service or these Terms.
You agree to indemnify and hold harmless us and our related companies, officers, directors, employees and agents from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable solicitor’s fees) arising out of or related to your use of the Service, or any materials downloaded or uploaded using the Service, or any actions taken by you in connection with your use of the Service.
No other Spark company, network operator 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.
We will not be liable to you for any suspension, failure or unavailability of the Service, or inability to perform these Terms, that is caused by any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, epidemic, pandemic or any other circumstance beyond our reasonable control.
We may change these Terms or the Service by changing or removing existing Terms, services, or charges or by adding new ones at any time. Changes may take the form of completely new Terms. We will publish these new or amended Terms on our website and/or in the online portal that appears when you connect to the Service.
If for any reason any of these Terms us is found to be unenforceable, it will be severed from these Terms and the remaining Terms will remain binding the maximum possible extent.
Our Services are provided under New Zealand law. If you want to bring a claim against us you agree to do so in a New Zealand court.