Spark WiFi Terms

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.

Access to the service

Service availability

From time to time, we may make the Service available at the Locations.

Eligibility and changes

We may at any time:

  • restrict access to the Service (for example, so it can only be accessed by Spark customers or Spark customers on eligible plans)
  • require you to register through our online portal when you connect
  • change or withdraw the Service or any Location, and
  • impose charges or restrictions on the Service in accordance with these Terms.

Connecting to the Service

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.

Charges

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.

Daily data allowance

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).

Your device and software

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.

Service

Locations

The Service is not available in all areas. You must be located at a Location to use the Service. You can find your nearest Location at spark.co.nz/wifi

Capacity, speed and availability

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 is provided on an "as-is" and "as-available" basis
  • we do not guarantee that the Service will be uninterrupted, fault-free, continuously available, or that any faults or errors will be corrected, and
  • we do not guarantee that the Service will be available at any particular time or location, available without change, available for any minimum period of time, secure, private, or free of viruses or other harmful features.

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.

Security and usage

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.

Changes to the Service

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.

Compliance

Your responsibilities

Your access to the Service is conditional upon your legal, proper and responsible use of the Service. You agree to:

  • use the Service at your sole risk and to be liable for your use of the Service and any information or material you may access, use or distribute using the Service
  • use the Service for your own personal non-commercial use only (or, if you’re operating a business, for your own internal business purposes)
  • follow our instructions and directions regarding your use of the Service
  • use the Service only for lawful purposes, including complying with all applicable laws and regulations, standards and codes when using the Service, and
  • make sure everyone who uses the Service through your device is aware of agrees to comply with these Terms. You will be liable for any use of the Service or breach of these Terms by any person through your device or credentials.

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.

Prohibited activities

You must not use the Service in any of the following ways or for any of the following activities:

  • publishing, displaying or communicating material which may be misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these Terms, or detrimental to our reputation or to our brand
  • gaining or attempting to gain unauthorised access to or to interfere with any computer system, network, device or service
  • transmitting viruses or other malware or engaging in denial-of-service attacks or other activities with the intent or effect of disrupting or interfering with the ability of others to effectively use the Service
  • sending unsolicited bulk or commercial messages
  • harassing, abusing, threatening or annoying any person
  • publishing, displaying or communicating material that is harassing, abusive, or threatening, or which or encourages bodily harm or destruction of property
  • infringing upon any person’s privacy
  • infringing or misappropriating the patents, copyright, trade marks, trade secrets or any other intellectual property rights of any person
  • using the Service in any way that implies an endorsement, sponsorship or association by us with any product, service, person or entity, and
  • selling or renting access to the Service to any other person.

Your privacy

We'll handle your personal information in accordance with our privacy policy. View the Spark Privacy Policy

Consumer Guarantees Act

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.

Liability

Liability limitations and exclusions

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:

  • $500 for any event or series of events, or
  • the amount of charges and other payments made by you to us for the Service in the 12 month period immediately preceding the date upon which the event causing your loss occurred.

The limitations and exclusions of liability in these Terms do not apply to:

  • your obligation to pay any charges
  • loss or damage caused by fraud, wilful default
  • loss or damage arising out of or in connection with any third party claims resulting from your use of the Service in breach of these Terms.

Each party will take reasonable steps to avoid or minimise any losses that it suffers under these Terms.

Warranties

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:

  • re-supplying a similar service on substantially similar terms, or
  • paying the cost of having a similar service supplied on substantially similar terms.

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.

Indemnity

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.

Third parties

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.

Force Majeure

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.

General

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 WiFi Terms

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.

Access to the service

Service availability

From time to time, we may make the Service available at the Locations.

Eligibility and changes

We may at any time:

  • restrict access to the Service (for example, so it can only be accessed by Spark customers or Spark customers on eligible plans)
  • require you to register through our online portal when you connect
  • change or withdraw the Service or any Location, and
  • impose charges or restrictions on the Service in accordance with these Terms.

Connecting to the Service

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.

Charges

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.

Daily data allowance

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).

Your device and software

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.

Service

Locations

The Service is not available in all areas. You must be located at a Location to use the Service. You can find your nearest Location at spark.co.nz/wifi

Capacity, speed and availability

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 is provided on an "as-is" and "as-available" basis
  • we do not guarantee that the Service will be uninterrupted, fault-free, continuously available, or that any faults or errors will be corrected, and
  • we do not guarantee that the Service will be available at any particular time or location, available without change, available for any minimum period of time, secure, private, or free of viruses or other harmful features.

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.

Security and usage

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.

Changes to the Service

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.

Compliance

Your responsibilities

Your access to the Service is conditional upon your legal, proper and responsible use of the Service. You agree to:

  • use the Service at your sole risk and to be liable for your use of the Service and any information or material you may access, use or distribute using the Service
  • use the Service for your own personal non-commercial use only (or, if you’re operating a business, for your own internal business purposes)
  • follow our instructions and directions regarding your use of the Service
  • use the Service only for lawful purposes, including complying with all applicable laws and regulations, standards and codes when using the Service, and
  • make sure everyone who uses the Service through your device is aware of agrees to comply with these Terms. You will be liable for any use of the Service or breach of these Terms by any person through your device or credentials.

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.

Prohibited activities

You must not use the Service in any of the following ways or for any of the following activities:

  • publishing, displaying or communicating material which may be misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these Terms, or detrimental to our reputation or to our brand
  • gaining or attempting to gain unauthorised access to or to interfere with any computer system, network, device or service
  • transmitting viruses or other malware or engaging in denial-of-service attacks or other activities with the intent or effect of disrupting or interfering with the ability of others to effectively use the Service
  • sending unsolicited bulk or commercial messages
  • harassing, abusing, threatening or annoying any person
  • publishing, displaying or communicating material that is harassing, abusive, or threatening, or which or encourages bodily harm or destruction of property
  • infringing upon any person’s privacy
  • infringing or misappropriating the patents, copyright, trade marks, trade secrets or any other intellectual property rights of any person
  • using the Service in any way that implies an endorsement, sponsorship or association by us with any product, service, person or entity, and
  • selling or renting access to the Service to any other person.

Your privacy

We'll handle your personal information in accordance with our privacy policy. View the Spark Privacy Policy

Consumer Guarantees Act

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.

Liability

Liability limitations and exclusions

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:

  • $500 for any event or series of events, or
  • the amount of charges and other payments made by you to us for the Service in the 12 month period immediately preceding the date upon which the event causing your loss occurred.

The limitations and exclusions of liability in these Terms do not apply to:

  • your obligation to pay any charges
  • loss or damage caused by fraud, wilful default
  • loss or damage arising out of or in connection with any third party claims resulting from your use of the Service in breach of these Terms.

Each party will take reasonable steps to avoid or minimise any losses that it suffers under these Terms.

Warranties

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:

  • re-supplying a similar service on substantially similar terms, or
  • paying the cost of having a similar service supplied on substantially similar terms.

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.

Indemnity

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.

Third parties

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.

Force Majeure

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.

General

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 WiFi Terms

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.

Access to the service

Service availability

From time to time, we may make the Service available at the Locations.

Eligibility and changes

We may at any time:

  • restrict access to the Service (for example, so it can only be accessed by Spark customers or Spark customers on eligible plans)
  • require you to register through our online portal when you connect
  • change or withdraw the Service or any Location, and
  • impose charges or restrictions on the Service in accordance with these Terms.

Connecting to the Service

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.

Charges

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.

Daily data allowance

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).

Your device and software

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.

Service

Locations

The Service is not available in all areas. You must be located at a Location to use the Service. You can find your nearest Location at spark.co.nz/wifi

Capacity, speed and availability

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 is provided on an "as-is" and "as-available" basis
  • we do not guarantee that the Service will be uninterrupted, fault-free, continuously available, or that any faults or errors will be corrected, and
  • we do not guarantee that the Service will be available at any particular time or location, available without change, available for any minimum period of time, secure, private, or free of viruses or other harmful features.

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.

Security and usage

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.

Changes to the Service

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.

Compliance

Your responsibilities

Your access to the Service is conditional upon your legal, proper and responsible use of the Service. You agree to:

  • use the Service at your sole risk and to be liable for your use of the Service and any information or material you may access, use or distribute using the Service
  • use the Service for your own personal non-commercial use only (or, if you’re operating a business, for your own internal business purposes)
  • follow our instructions and directions regarding your use of the Service
  • use the Service only for lawful purposes, including complying with all applicable laws and regulations, standards and codes when using the Service, and
  • make sure everyone who uses the Service through your device is aware of agrees to comply with these Terms. You will be liable for any use of the Service or breach of these Terms by any person through your device or credentials.

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.

Prohibited activities

You must not use the Service in any of the following ways or for any of the following activities:

  • publishing, displaying or communicating material which may be misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these Terms, or detrimental to our reputation or to our brand
  • gaining or attempting to gain unauthorised access to or to interfere with any computer system, network, device or service
  • transmitting viruses or other malware or engaging in denial-of-service attacks or other activities with the intent or effect of disrupting or interfering with the ability of others to effectively use the Service
  • sending unsolicited bulk or commercial messages
  • harassing, abusing, threatening or annoying any person
  • publishing, displaying or communicating material that is harassing, abusive, or threatening, or which or encourages bodily harm or destruction of property
  • infringing upon any person’s privacy
  • infringing or misappropriating the patents, copyright, trade marks, trade secrets or any other intellectual property rights of any person
  • using the Service in any way that implies an endorsement, sponsorship or association by us with any product, service, person or entity, and
  • selling or renting access to the Service to any other person.

Your privacy

We'll handle your personal information in accordance with our privacy policy. View the Spark Privacy Policy

Consumer Guarantees Act

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.

Liability

Liability limitations and exclusions

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:

  • $500 for any event or series of events, or
  • the amount of charges and other payments made by you to us for the Service in the 12 month period immediately preceding the date upon which the event causing your loss occurred.

The limitations and exclusions of liability in these Terms do not apply to:

  • your obligation to pay any charges
  • loss or damage caused by fraud, wilful default
  • loss or damage arising out of or in connection with any third party claims resulting from your use of the Service in breach of these Terms.

Each party will take reasonable steps to avoid or minimise any losses that it suffers under these Terms.

Warranties

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:

  • re-supplying a similar service on substantially similar terms, or
  • paying the cost of having a similar service supplied on substantially similar terms.

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.

Indemnity

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.

Third parties

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.

Force Majeure

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.

General

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.