MyNetFone Terms and Conditions

My Account | | Contact Us

Terms and Conditions

These Terms of Service constitute the agreement ("Agreement") between My Net Fone New Zealand Limited, (Service) and the user ("you," "user" or "Customer"). This Agreement governs both the Service and any devices, such as an IP USB phone, Telephone Terminal Adapter, or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. If you have purchased Equipment from any MyNetFone retail dealer, you will be deemed a "Retail Customer" and will be governed by certain Retail Customer terms and conditions as set forth herein.

1 SERVICE

1.1 Term

Service is offered on a monthly basis for a term which begins on the date that MyNetFone activates your Service and ends on the day before the same date in the following month. You will pay for the Service monthly in advance. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give MyNetFone written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

1.2 Lawful Use of Service and Device

You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in MyNetFone's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable national or international law or (ii) encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable national or international law. MyNetFone reserves the right to terminate your service immediately and without advance notice if MyNetFone, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at MyNetFone's discretion be immediately charged to your credit card.

1.3 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by MyNetFone

You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by MyNetFone) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or MyNetFone terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialling to emergency service numbers including the emergency 111 calling feature. Should MyNetFone suspend or terminate your Service, the Service will not function until such time as MyNetFone restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

1.4 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software

The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on mynetfone website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of MyNetFone & MyNetFone are and shall remain the exclusive property of MyNetFone and nothing in this Agreement shall grant you the right or license to use any of such marks. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

1.5 Tampering with the Device or Service

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from MyNetFone in each instance which MyNetFone may deny in its sole discretion. MyNetFone reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.

1.6 Theft of Service

You agree to notify MyNetFone immediately, in writing or by calling the MyNetFone customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as MyNetFone receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

2 EMERGENCY SERVICES- 111 DIALING

2.1 Dialling 111

You acknowledge and understand that 111 dialling does not function with the MyNetFone service.

2.2 Broadband Service / ISP Outage or Termination / Suspension by MyNetFone

You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by MyNetFone will prevent ALL Service

2.3 Service Outage Due to Suspension of Your Account

You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service

2.4 Other Service Outages

You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

2.5 Limitation of Liability and Indemnification

You acknowledge and understand that MyNetFone's liability is limited for any Service outage and inability to dial 111 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless MyNetFone's, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 111 dialling and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 111 or to access emergency service personnel.

2.6 0800/0900 Services

You acknowledge and understand that 0800/0900 dialling does not function with the MyNetFone service

3 CHANGES TO THIS AGREEMENT

MyNetFone may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the mynetfone website. Such changes will become binding on Customer, on the date posted to the MyNetFone website and no further notice by MyNetFone is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.

4 CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

4.1 Billing

You must give us a valid credit card number (Visa, MasterCard, or any other issuer then-accepted by MyNetFone's) when the Service is activated. MyNetFone reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise MyNetFone at once. We will bill all charges, applicable taxes and surcharges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute.

4.2 Payment

MyNetFone accepts payments only by credit card as set forth in Section 4.1. Your initial use of the Service authorizes MyNetFone to charge the credit card account number including any changed information given MyNetFone if the card expires or is replaced, or if you substitute a different card, for MyNetFone charges as set forth in Section 4.1. This authorization will remain valid until 30 days after MyNetFone receives your written notice terminating MyNetFone's authority to charge your credit card, whereupon MyNetFone will charge you the disconnect fee and any other outstanding charges and terminate the Service. MyNetFone may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with MyNetFone is declined or reversed, your credit card expires and you have not provided MyNetFone with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to MyNetFone for all charges before termination.

4.3 Termination/Discontinuance of Service

MyNetFone reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. You will be responsible for the full month's charges to the end of the current term including and without limitation unbilled charges, all of which immediately become due and payable.

4.4 Re-activation

MyNetFone reserves the right to suspend the Service if you fail to make monthly advance payment due to card expiry or any other reasons. The Service may be re-activated with a payment of activation fee plus the normal monthly fee if the period of suspension is less than 14 days.

5 WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

5.1 Limitation of Liability

MyNetFone shall not be liable for any delay or failure to provide the Service, including 111 dialling, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

5.1.1	act or omission of an underlying carrier, service provider, vendor or other third party;
5.1.2	equipment, network or facility failure;
5.1.3	equipment, network or facility upgrade or modification;
5.1.4	force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.1.5	equipment, network or facility shortage;
5.1.6	equipment or facility relocation;
5.1.7	service, equipment, network or facility failure caused by the loss of power to Customer;
5.1.8	outage of Customer's ISP or broadband service provider;
5.1.9	act or omission of Customer or any person using the Service or Device provided to Customer; or
5.1.10	any other cause that is beyond MyNetFone's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 111 dialing) to be connected or completed or degradation of voice quality.

5.2 Disclaimer of Damages

IN NO EVENT SHALL MYNETFONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 111 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT MYNETFONE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

5.3 No Warranties on Service

MYNETFONE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, MYNETFONE DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER MYNETFONE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO MYNETFONE'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF MYNETFONE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY MYNETFONE OR MYNETFONE'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

5.4 No Third Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

5.5 Content

You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. MyNetFone reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if MyNetFone determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with MyNetFone's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. MyNetFone's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold MyNetFone against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

6 GOVERNING LAW

The Agreement and the relationship between you and MyNetFone shall be governed by the laws of New Zealand. The failure of MyNetFone to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

7 ENTIRE AGREEMENT

This Agreement and the rates for Services found on MyNetFone's website constitute the entire agreement between you and MyNetFone and govern your use of the Service, superseding any prior agreements between you and MyNetFone and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon MyNetFone unless and until posted in accordance with Section 3 hereof.

7.1 Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

8 PRIVACY

MyNetfone Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. MyNetFone is not liable for any lack of privacy which may be experienced with regard to the Service.

MyNetFone may collect and hold Personal Information

MyNetFone New Zealand Limited may hold information relating to you that you have provided to us (such as on an application or registration form) or that we may have obtained from another source (such as our suppliers or from marketing organisations and credit agencies). This information may include, amongst other information, your name, address, telephone numbers, information on how you use our products and services (such as the type, date, time, location and duration of calls, the numbers you call and how much you spend, and information on your browsing activity when visiting one of our group companies' websites), lifestyle information and any other information collected in relation to your use of our products and services (Information).

8.1 How MyNetFone may use that Personal Information

Your information may be held and used by us for a number of purposes connected with our business operations and functions, which include:

8.1.1	processing your orders or applications;
8.1.2	carrying out credit checking and scoring (unless we have agreed otherwise);
8.1.3	providing you with products and/or services requested or administering your account;
8.1.4	billing you (unless you pay by another agreed method);
8.1.5	settling accounts with those who provide related services to us;
8.1.6	dealing with requests, enquiries or complaints and other customer care related activities; and all other general administrative and business purposes;
8.1.7	carrying out market and product analysis and marketing our and our group companies products and services generally;
8.1.8	contacting you (including by post, email, fax, short text message (SMS), or telephone) about our ,our group companies' products and services and the products and services of carefully selected third parties which we think may be of interest to you (unless you ask us in writing not to);
8.1.9	registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and our group companies' reward programmes and other similar schemes;
8.1.10	inclusion in any telephone or similar directory or directory enquiry service provided or operated by us or by a third party (subject to any objection or preference you may have indicated to us in writing);
8.1.11	carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
8.1.12	carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

8.2 Sharing your Personal Information

We may share your information with our group companies (some of which are based outside of New Zealand) who may use and disclose your information for the same purposes as us.

We may also pass personal information, relating to you, for any particular purpose to certain third parties including:-

8.2.1	those who provide to us or our group companies products or services that support the services that we provide, such as our dealers and suppliers;
8.2.2	credit reference agencies (unless we have agreed otherwise) who may share your information with other organisations and who may keep a record of the searches we make against your name;
8.2.3	if someone else pays your bill, such as your employer, that person;
8.2.4	those providing telephone and similar directories or directory enquiry services;
8.2.5	carefully selected third parties who we reasonably believe provide products or services that may be of interest to you;
8.2.6	those involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare your personal information with information collected from other sources and who may keep a record of the searches we make against your name; persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority; and anyone we transfer our business to in respect of which you are a customer or a potential customer.

Information passing outside New Zealand

If you wish to use our products or services abroad, your information may be transferred outside the New Zealand to that country. Our websites and those of our group companies may also be based on servers located outside of the New Zealand. Please note that the data protection and other laws of countries outside New Zealand may not be as comprehensive as the laws of this country.

This Policy does not affect your rights under the Privacy Act 1993

This notice is provided for your information and is not intended to limit or exclude your rights under the Privacy Act 1993.

9 Guarantees

You may have rights under the Consumer Guarantees Act 1993. MyNetFone New Zealand Limited Terms of Trade will apply to all supplies of hardware goods purchased from the web site. These Terms of Trade exclude the provisions of the Consumer Guarantees Act 1993 where goods are acquired for the purposes of a business.

9.1 Manufacturer's guarantee/Warranty Service

All New Zealand manufacturers' guarantees are fully valid on products we sell.

Periods of guarantee. Unless stated otherwise, and subject to any rights you may have under the Consumer Guarantees Act, items in this website now carry a standard warranty of 90 days from date of purchase. Many items now carry warranties minimum of 12 months. Please check respective packaging for details.

If you purchase any VoIP device stated in this site from a reseller, then, keep your cash register receipt, in a safe place, as the register receipt will become your guarantee card. If your purchase requires warranty service within the warranty period, you will be requested to produce your register receipt when returning the product under warranty for repair.

When goods are faulty, we will return it, freight FREE. Repairs under warranty are carried out free of charge. Where goods are not faulty or where you have acquired the goods for business purposes, you will be required to pay the freight both ways. Therefore, to save yourself money, make absolutely certain that the unit is faulty before returning for repair.

Faulty goods returned for repair must be accompanied by a sales docket or proof of purchase. Please note: Under our terms of trade, the provisions of the Consumer Guarantees Act 1993 will not apply where goods are acquired for business purposes.

9.2 Refund Policy

Hardware purchases:

(a) Retail Customers. Retail Customer may only return the Device to the retail store, dealer or other provider from which the Retail Customer purchased the Device. All returns will be subject to the return policy of such retail store, dealer or other provider. We will not accept any Device returned to us from a Retail Customer.

(b) Non-Retail Customers. Non-Retail Customers may return the Device to us if 1) you cancel services within a 14 day Money Back Guarantee period and 2) you return the Device to us within fourteen (14) days of the date you terminated Service subject to the following:

The Money Back Guarantee period only applies to hardware device, call credits are not refundable;
We receive the Device is in unmarked original condition and packaging complete with all instruction books, accessories etc.;
You return original proof of purchase with the Device, together with the original packaging, all parts, accessories, and documentation;
Prior to returning the Device to us, you must obtain a valid return authorization number from our customer care department, which can be reached at sales@mynetfone.co.nz;
Goods must be returned by courier at the purchaser�s expense to MyNetFone New Zealand Limited at Level 20, ASB Bank Centre, 135 Albert Street, Auckland, New Zealand.

Call Credits:

All Call credits topped up via the website are valid for no more than 12 months. Credits will not be refundable if unused.

9.3 Stock Availability

Whilst every effort will be made to maintain these prices, you will appreciate that factors outside our control may result in price increases. At the date of production, we believe the displayed products will be available, however in some instances product may be in limited quantities or unavailable due to circumstances over which we have no control. In the event of these circumstances arising, we apologise for any inconvenience. If you would like to check with us as to current pricing or stock availability, please email sales@mynetfone.co.nz

9.4 SUBSTITUTION

When a certain product is no longer available, where possible we will substitute an equal or better quality product. If our purchasing power makes this substitute cheaper, then we will pass the savings on to the consumer. If, however, we can improve on the product, the price could either increase, or remain the same as the original product. To summarise, all prices are subject to change without notice.

9.5 RAIN CHECK POLICY

If advertised goods are sold out during the currency of the advertisement or if goods are otherwise unavailable for unforeseen reasons, our policy is to issue a 'Rain Check' to enable you to buy the goods at a later date for the advertised price. This does not apply to special scoop purchases, limited stock, discontinued or clearance lines.

9.6 PRICES ON PRODUCTS

All prices were checked at time of compilation, but are subject to change without notice. Prices include GST and are in New Zealand dollars.

Last Updated: March 29, 2006