Spark Wireless Zone service

Spark Wireless Zone service

Spark Wireless Zone service

Your use of the Spark Wireless Zone service (the "Service") will be governed by the terms of this agreement (the "Terms"). Please read them carefully, so that you fully understand the Service that you are signing up to and plan to use. If you are a Spark Mobile customer these terms apply together with your Mobile Terms and Conditions. These terms will prevail to the extent that they are inconsistent with the Mobile Terms and Conditions.

The Spark Wireless Zone is a wireless data service that gives you the ability to access the internet and send and receive data through our Wireless Broadband network and through the internet using wireless technology.

Access to the Service

Spark customers: From time to time, Spark makes this Service available free of charge to various eligible Spark customers. If you are a Spark customer on an eligible plan to access the Service you will need to register through our online portal.

Other customers: If you are not one of the eligible Spark customers described above, you may access the Service at no charge for a one-off 15 minute trial after which time to continue to access the Service you will be required to pay $9.95 per 30 days' access. Payment is made by accessing our online portal. To complete payment you will be required to provide your mobile phone number and your credit card details.

Daily data allowance: For a limited time eligible Spark customers using the service will have access to 1GB FREE wifi per day. During this time other users of the Service have access to 1GB of data per day per registration. Once you have reached the daily data cap your use of the Service will be restricted until 12.01am of the following day.

Equipment: To use the Service you will need a Wi-Fi enabled device. You are responsible for ensuring that any equipment that you use to access the Service meets the minimum requirements and is suitable for use with the service and is adequately protected against viruses. Spark does not accept any responsibility for your device, software, or for any equipment which you use to access the Service. If you have problems with hardware or software, you will need to talk to the product’s supplier or manufacturer. Spark does not provide support for these items.

Our commitments to you

We will provide the Service with reasonable care and skill, and make all reasonable efforts to ensure the Service does everything we say it will. However, we do not represent or guarantee that the Service will be:

  • Interruption or fault free, or that any faults or errors will be able to be corrected;
  • Available at any particular time or location;
  • Available, or available without change, for any minimum period of time;
  • Secure or private; and/or
  • Free of viruses or other harmful features.

However, we will always try to restore any Service outage as soon as we reasonably can.

Your use of the Service

You agree to meet these general responsibilities:

  • Use the Service for your own personal, non-commercial use or, if you are operating a business, or doing business, for your own internal business purposes.
  • Make sure all information you give to us or to any service provider approved by us is correct and complete and let us know if any of that information changes.
  • Follow the instructions and directions we provide about using the Service and only use them for lawful purposes.
  • Allow us to test the configuration of your equipment from time to time and comply with any directions given to you to reconfigure your equipment if we reasonably believe it is necessary to do so.
  • Use the Service without gaining unauthorised access to or interfering with anyone else's computer or communications equipment.
  • Use the Service without annoying anyone else, and without interfering with anyone else's use of the Service.
  • Comply with all applicable laws, regulations, standards and codes when using the Service, 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.
  • Edit, delete or cease any future publication of any material or communication which we reasonably, and in good faith, consider to be unauthorised, misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these terms, or detrimental to our reputation or to our brand, and if you do not do so to our satisfaction, you agree that we may edit, delete, block or disconnect that material or communication ourselves.
  • Not use the Service, 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 everyone who uses the Service we provide to you, or does anything in relation to them, is also aware of, and meets, these responsibilities. Be wholly responsible and liable for any use by any other person (authorised or unauthorised) of the Service we provide to you, including any charges associated with that use and any consequences if such person misuses the Service, breaches these terms, and you attest that you have the consent and legal right to enter into these Terms on their behalf. However, if you have any unexplained usage and/or charges on your account please contact us as soon as you become aware of them and we will investigate for you. If acting in good faith we consider the usage and/or charges are a result of fraud by another person or by someone outside of your reasonable control we will provide you with an appropriate resolution.

If we reasonably believe that you have breached any parts of these Terms or that you have misused the Service in any way, we may take immediate action to deny you access to the Service without any further notice to you. However, where possible we will take reasonable steps to notify you prior to terminating your access to the Service.

Service availability and security

The Service is not available in all areas. You must be located at a Spark Wireless Hotspot location to use the Service. Access may be subject to capacity restrictions. Find your nearest Spark Wireless Zone at spark.co.nz/wifi.

We cannot guarantee that the Service will be uninterrupted and/or will be continuously available. We will aim to provide you with the best Service possible, but we will not be liable for any interruptions, reception, picture degradation or any other problems that are beyond our reasonable control. We do not guarantee that the Service will be compatible with your equipment or any software that you may use.

The Service may be impacted by a number of factors beyond our control e.g. by geographic, atmospheric or other conditions, distance from the physical zone and the number of users using any one zone at the same time.

We do not guarantee the security of the Service and you hereby agree to use the Service at your own risk. You shall ensure that you have adequate security to prevent unlawful access to or use of the services, access to your computing equipment or disclosure of confidential information.

You accept that we have no control over the information transmitted via the Service and will not be responsible for such information. We have no obligation to compensate you for such information and/or such use.

We may alter the Service from time to time. We may have to modify or temporarily suspend the Service or any part of it.

The Service is intended for e-mail, instant messaging, browsing the internet, using apps and accessing corporate intranets.

The Service may be subject to content filers.

We will intercept communications where we are required to do so by law.

Information about you

Your use of the Service may involve 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 ("related companies" has the meaning set out in section 2(3) of the Companies Act 1993). This information is used by us for the operation of the Service, to maintain quality of the Service, to provide general statistics regarding use of the Service 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 Service. You may decide not to provide information to us. However, if you do not provide it, we may not be able to provide our Service 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, subject to some exceptions at law. You may also ask us to correct any incorrect information we hold about you. In some cases there may be a charge associated with providing copies of your personal information and we will advise of these charges before providing you with the information. 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 services for you and others, carrying out market and product research and improvements to our products and services;
  • Recover money you owe, for example if you breach these Terms and we suffer loss;
  • 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; and
  • 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.

We also collect location data that is generated from your use of the Service. We use this on an aggregated and anonymised basis to plan and deliver services, and to enhance your Spark WiFi experience.

Although we may publish aggregated information relating to your use of the 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 Service 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 Services, you consent to any such transfer of information outside of your country.

Disclosure of information

We may disclose information about you or your use of the Services without your prior permission if we have 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 Terms; or
  • Act to protect the interests of our, or our related companies, customers or others.

Consumer protection legislation and exclusion of all other liability

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

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 that that we provide to you under these Terms.

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:

  • $5,000 for any event or series of related events; and
  • 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 or in relation to the copyright related exclusions set out in clauses above.

We may become aware that we have suffered loss before you do. If we suffer any loss as a result of these Terms, 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.

Our liability to you, subject to clauses above, we accept our liability to you for breach of contract or negligence and 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).

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.

You may become aware that you have suffered loss before we do. If you suffer any loss as a result of these terms, 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.

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.

If we or any of the other parties listed in clauses above are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clauses above (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.

Copyright and related exclusions: To the fullest extent permitted by law, you agree that Spark will not be responsible for copyright infringement and/or unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of the Service or our Websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You also agree that Spark is not responsible for any content sent using, or included in, our Service or websites by any third party.

Force Majeure: If we are prevented from carrying out 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 must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of these Terms and provision of Service to you will, to the extent that it is made impossible or impracticable by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any obligation set out in these Terms in the circumstances contemplated by this clause.

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.

We may have any of our related companies or Spark-approved agents perform our obligations under these Terms or any specific product terms.

These Terms are entered into by Spark on our own behalf and for the benefit of any of our related companies, and will, with any necessary modifications, apply to any of those related companies, and will be enforceable by them under the Contracts (Privity) Act 1982. Except as expressly stated, these Terms does not confer any rights on third parties and to the maximum extent allowable at law we will not, under these Terms, be liable in any way to any third parties.

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. We also have a system for resolving complaints.

Your use of the Spark Wireless Zone service (the "Service") will be governed by the terms of this agreement (the "Terms"). Please read them carefully, so that you fully understand the Service that you are signing up to and plan to use. If you are a Spark Mobile customer these terms apply together with your Mobile Terms and Conditions. These terms will prevail to the extent that they are inconsistent with the Mobile Terms and Conditions.

The Spark Wireless Zone is a wireless data service that gives you the ability to access the internet and send and receive data through our Wireless Broadband network and through the internet using wireless technology.

Access to the Service

Spark customers: From time to time, Spark makes this Service available free of charge to various eligible Spark customers. If you are a Spark customer on an eligible plan to access the Service you will need to register through our online portal.

Other customers: If you are not one of the eligible Spark customers described above, you may access the Service at no charge for a one-off 15 minute trial after which time to continue to access the Service you will be required to pay $9.95 per 30 days' access. Payment is made by accessing our online portal. To complete payment you will be required to provide your mobile phone number and your credit card details.

Daily data allowance: For a limited time eligible Spark customers using the service will have access to 1GB FREE wifi per day. During this time other users of the Service have access to 1GB of data per day per registration. Once you have reached the daily data cap your use of the Service will be restricted until 12.01am of the following day.

Equipment: To use the Service you will need a Wi-Fi enabled device. You are responsible for ensuring that any equipment that you use to access the Service meets the minimum requirements and is suitable for use with the service and is adequately protected against viruses. Spark does not accept any responsibility for your device, software, or for any equipment which you use to access the Service. If you have problems with hardware or software, you will need to talk to the product’s supplier or manufacturer. Spark does not provide support for these items.

Our commitments to you

We will provide the Service with reasonable care and skill, and make all reasonable efforts to ensure the Service does everything we say it will. However, we do not represent or guarantee that the Service will be:

  • Interruption or fault free, or that any faults or errors will be able to be corrected;
  • Available at any particular time or location;
  • Available, or available without change, for any minimum period of time;
  • Secure or private; and/or
  • Free of viruses or other harmful features.

However, we will always try to restore any Service outage as soon as we reasonably can.

Your use of the Service

You agree to meet these general responsibilities:

  • Use the Service for your own personal, non-commercial use or, if you are operating a business, or doing business, for your own internal business purposes.
  • Make sure all information you give to us or to any service provider approved by us is correct and complete and let us know if any of that information changes.
  • Follow the instructions and directions we provide about using the Service and only use them for lawful purposes.
  • Allow us to test the configuration of your equipment from time to time and comply with any directions given to you to reconfigure your equipment if we reasonably believe it is necessary to do so.
  • Use the Service without gaining unauthorised access to or interfering with anyone else's computer or communications equipment.
  • Use the Service without annoying anyone else, and without interfering with anyone else's use of the Service.
  • Comply with all applicable laws, regulations, standards and codes when using the Service, 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.
  • Edit, delete or cease any future publication of any material or communication which we reasonably, and in good faith, consider to be unauthorised, misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these terms, or detrimental to our reputation or to our brand, and if you do not do so to our satisfaction, you agree that we may edit, delete, block or disconnect that material or communication ourselves.
  • Not use the Service, 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 everyone who uses the Service we provide to you, or does anything in relation to them, is also aware of, and meets, these responsibilities. Be wholly responsible and liable for any use by any other person (authorised or unauthorised) of the Service we provide to you, including any charges associated with that use and any consequences if such person misuses the Service, breaches these terms, and you attest that you have the consent and legal right to enter into these Terms on their behalf. However, if you have any unexplained usage and/or charges on your account please contact us as soon as you become aware of them and we will investigate for you. If acting in good faith we consider the usage and/or charges are a result of fraud by another person or by someone outside of your reasonable control we will provide you with an appropriate resolution.

If we reasonably believe that you have breached any parts of these Terms or that you have misused the Service in any way, we may take immediate action to deny you access to the Service without any further notice to you. However, where possible we will take reasonable steps to notify you prior to terminating your access to the Service.

Service availability and security

The Service is not available in all areas. You must be located at a Spark Wireless Hotspot location to use the Service. Access may be subject to capacity restrictions. Find your nearest Spark Wireless Zone at spark.co.nz/wifi.

We cannot guarantee that the Service will be uninterrupted and/or will be continuously available. We will aim to provide you with the best Service possible, but we will not be liable for any interruptions, reception, picture degradation or any other problems that are beyond our reasonable control. We do not guarantee that the Service will be compatible with your equipment or any software that you may use.

The Service may be impacted by a number of factors beyond our control e.g. by geographic, atmospheric or other conditions, distance from the physical zone and the number of users using any one zone at the same time.

We do not guarantee the security of the Service and you hereby agree to use the Service at your own risk. You shall ensure that you have adequate security to prevent unlawful access to or use of the services, access to your computing equipment or disclosure of confidential information.

You accept that we have no control over the information transmitted via the Service and will not be responsible for such information. We have no obligation to compensate you for such information and/or such use.

We may alter the Service from time to time. We may have to modify or temporarily suspend the Service or any part of it.

The Service is intended for e-mail, instant messaging, browsing the internet, using apps and accessing corporate intranets.

The Service may be subject to content filers.

We will intercept communications where we are required to do so by law.

Information about you

Your use of the Service may involve 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 ("related companies" has the meaning set out in section 2(3) of the Companies Act 1993). This information is used by us for the operation of the Service, to maintain quality of the Service, to provide general statistics regarding use of the Service 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 Service. You may decide not to provide information to us. However, if you do not provide it, we may not be able to provide our Service 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, subject to some exceptions at law. You may also ask us to correct any incorrect information we hold about you. In some cases there may be a charge associated with providing copies of your personal information and we will advise of these charges before providing you with the information. 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 services for you and others, carrying out market and product research and improvements to our products and services;
  • Recover money you owe, for example if you breach these Terms and we suffer loss;
  • 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; and
  • 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.

We also collect location data that is generated from your use of the Service. We use this on an aggregated and anonymised basis to plan and deliver services, and to enhance your Spark WiFi experience.

Although we may publish aggregated information relating to your use of the 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 Service 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 Services, you consent to any such transfer of information outside of your country.

Disclosure of information

We may disclose information about you or your use of the Services without your prior permission if we have 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 Terms; or
  • Act to protect the interests of our, or our related companies, customers or others.

Consumer protection legislation and exclusion of all other liability

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

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 that that we provide to you under these Terms.

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:

  • $5,000 for any event or series of related events; and
  • 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 or in relation to the copyright related exclusions set out in clauses above.

We may become aware that we have suffered loss before you do. If we suffer any loss as a result of these Terms, 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.

Our liability to you, subject to clauses above, we accept our liability to you for breach of contract or negligence and 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).

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.

You may become aware that you have suffered loss before we do. If you suffer any loss as a result of these terms, 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.

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.

If we or any of the other parties listed in clauses above are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clauses above (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.

Copyright and related exclusions: To the fullest extent permitted by law, you agree that Spark will not be responsible for copyright infringement and/or unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of the Service or our Websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You also agree that Spark is not responsible for any content sent using, or included in, our Service or websites by any third party.

Force Majeure: If we are prevented from carrying out 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 must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of these Terms and provision of Service to you will, to the extent that it is made impossible or impracticable by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any obligation set out in these Terms in the circumstances contemplated by this clause.

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.

We may have any of our related companies or Spark-approved agents perform our obligations under these Terms or any specific product terms.

These Terms are entered into by Spark on our own behalf and for the benefit of any of our related companies, and will, with any necessary modifications, apply to any of those related companies, and will be enforceable by them under the Contracts (Privity) Act 1982. Except as expressly stated, these Terms does not confer any rights on third parties and to the maximum extent allowable at law we will not, under these Terms, be liable in any way to any third parties.

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. We also have a system for resolving complaints.

Your use of the Spark Wireless Zone service (the "Service") will be governed by the terms of this agreement (the "Terms"). Please read them carefully, so that you fully understand the Service that you are signing up to and plan to use. If you are a Spark Mobile customer these terms apply together with your Mobile Terms and Conditions. These terms will prevail to the extent that they are inconsistent with the Mobile Terms and Conditions.

The Spark Wireless Zone is a wireless data service that gives you the ability to access the internet and send and receive data through our Wireless Broadband network and through the internet using wireless technology.

Access to the Service

Spark customers: From time to time, Spark makes this Service available free of charge to various eligible Spark customers. If you are a Spark customer on an eligible plan to access the Service you will need to register through our online portal.

Other customers: If you are not one of the eligible Spark customers described above, you may access the Service at no charge for a one-off 15 minute trial after which time to continue to access the Service you will be required to pay $9.95 per 30 days' access. Payment is made by accessing our online portal. To complete payment you will be required to provide your mobile phone number and your credit card details.

Daily data allowance: For a limited time eligible Spark customers using the service will have access to 1GB FREE wifi per day. During this time other users of the Service have access to 1GB of data per day per registration. Once you have reached the daily data cap your use of the Service will be restricted until 12.01am of the following day.

Equipment: To use the Service you will need a Wi-Fi enabled device. You are responsible for ensuring that any equipment that you use to access the Service meets the minimum requirements and is suitable for use with the service and is adequately protected against viruses. Spark does not accept any responsibility for your device, software, or for any equipment which you use to access the Service. If you have problems with hardware or software, you will need to talk to the product’s supplier or manufacturer. Spark does not provide support for these items.

Our commitments to you

We will provide the Service with reasonable care and skill, and make all reasonable efforts to ensure the Service does everything we say it will. However, we do not represent or guarantee that the Service will be:

  • Interruption or fault free, or that any faults or errors will be able to be corrected;
  • Available at any particular time or location;
  • Available, or available without change, for any minimum period of time;
  • Secure or private; and/or
  • Free of viruses or other harmful features.

However, we will always try to restore any Service outage as soon as we reasonably can.

Your use of the Service

You agree to meet these general responsibilities:

  • Use the Service for your own personal, non-commercial use or, if you are operating a business, or doing business, for your own internal business purposes.
  • Make sure all information you give to us or to any service provider approved by us is correct and complete and let us know if any of that information changes.
  • Follow the instructions and directions we provide about using the Service and only use them for lawful purposes.
  • Allow us to test the configuration of your equipment from time to time and comply with any directions given to you to reconfigure your equipment if we reasonably believe it is necessary to do so.
  • Use the Service without gaining unauthorised access to or interfering with anyone else's computer or communications equipment.
  • Use the Service without annoying anyone else, and without interfering with anyone else's use of the Service.
  • Comply with all applicable laws, regulations, standards and codes when using the Service, 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.
  • Edit, delete or cease any future publication of any material or communication which we reasonably, and in good faith, consider to be unauthorised, misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these terms, or detrimental to our reputation or to our brand, and if you do not do so to our satisfaction, you agree that we may edit, delete, block or disconnect that material or communication ourselves.
  • Not use the Service, 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 everyone who uses the Service we provide to you, or does anything in relation to them, is also aware of, and meets, these responsibilities. Be wholly responsible and liable for any use by any other person (authorised or unauthorised) of the Service we provide to you, including any charges associated with that use and any consequences if such person misuses the Service, breaches these terms, and you attest that you have the consent and legal right to enter into these Terms on their behalf. However, if you have any unexplained usage and/or charges on your account please contact us as soon as you become aware of them and we will investigate for you. If acting in good faith we consider the usage and/or charges are a result of fraud by another person or by someone outside of your reasonable control we will provide you with an appropriate resolution.

If we reasonably believe that you have breached any parts of these Terms or that you have misused the Service in any way, we may take immediate action to deny you access to the Service without any further notice to you. However, where possible we will take reasonable steps to notify you prior to terminating your access to the Service.

Service availability and security

The Service is not available in all areas. You must be located at a Spark Wireless Hotspot location to use the Service. Access may be subject to capacity restrictions. Find your nearest Spark Wireless Zone at spark.co.nz/wifi.

We cannot guarantee that the Service will be uninterrupted and/or will be continuously available. We will aim to provide you with the best Service possible, but we will not be liable for any interruptions, reception, picture degradation or any other problems that are beyond our reasonable control. We do not guarantee that the Service will be compatible with your equipment or any software that you may use.

The Service may be impacted by a number of factors beyond our control e.g. by geographic, atmospheric or other conditions, distance from the physical zone and the number of users using any one zone at the same time.

We do not guarantee the security of the Service and you hereby agree to use the Service at your own risk. You shall ensure that you have adequate security to prevent unlawful access to or use of the services, access to your computing equipment or disclosure of confidential information.

You accept that we have no control over the information transmitted via the Service and will not be responsible for such information. We have no obligation to compensate you for such information and/or such use.

We may alter the Service from time to time. We may have to modify or temporarily suspend the Service or any part of it.

The Service is intended for e-mail, instant messaging, browsing the internet, using apps and accessing corporate intranets.

The Service may be subject to content filers.

We will intercept communications where we are required to do so by law.

Information about you

Your use of the Service may involve 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 ("related companies" has the meaning set out in section 2(3) of the Companies Act 1993). This information is used by us for the operation of the Service, to maintain quality of the Service, to provide general statistics regarding use of the Service 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 Service. You may decide not to provide information to us. However, if you do not provide it, we may not be able to provide our Service 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, subject to some exceptions at law. You may also ask us to correct any incorrect information we hold about you. In some cases there may be a charge associated with providing copies of your personal information and we will advise of these charges before providing you with the information. 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 services for you and others, carrying out market and product research and improvements to our products and services;
  • Recover money you owe, for example if you breach these Terms and we suffer loss;
  • 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; and
  • 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.

We also collect location data that is generated from your use of the Service. We use this on an aggregated and anonymised basis to plan and deliver services, and to enhance your Spark WiFi experience.

Although we may publish aggregated information relating to your use of the 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 Service 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 Services, you consent to any such transfer of information outside of your country.

Disclosure of information

We may disclose information about you or your use of the Services without your prior permission if we have 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 Terms; or
  • Act to protect the interests of our, or our related companies, customers or others.

Consumer protection legislation and exclusion of all other liability

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

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 that that we provide to you under these Terms.

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:

  • $5,000 for any event or series of related events; and
  • 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 or in relation to the copyright related exclusions set out in clauses above.

We may become aware that we have suffered loss before you do. If we suffer any loss as a result of these Terms, 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.

Our liability to you, subject to clauses above, we accept our liability to you for breach of contract or negligence and 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).

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.

You may become aware that you have suffered loss before we do. If you suffer any loss as a result of these terms, 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.

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.

If we or any of the other parties listed in clauses above are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clauses above (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.

Copyright and related exclusions: To the fullest extent permitted by law, you agree that Spark will not be responsible for copyright infringement and/or unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of the Service or our Websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You also agree that Spark is not responsible for any content sent using, or included in, our Service or websites by any third party.

Force Majeure: If we are prevented from carrying out 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 must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of these Terms and provision of Service to you will, to the extent that it is made impossible or impracticable by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any obligation set out in these Terms in the circumstances contemplated by this clause.

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.

We may have any of our related companies or Spark-approved agents perform our obligations under these Terms or any specific product terms.

These Terms are entered into by Spark on our own behalf and for the benefit of any of our related companies, and will, with any necessary modifications, apply to any of those related companies, and will be enforceable by them under the Contracts (Privity) Act 1982. Except as expressly stated, these Terms does not confer any rights on third parties and to the maximum extent allowable at law we will not, under these Terms, be liable in any way to any third parties.

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. We also have a system for resolving complaints.