The terms and conditions set out below ("Terms and Conditions") govern your use of the Smartnetwork website. By using the Smartnetwork website, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the Smartnetwork website and you must refrain from using it.
If you have any complaints or questions regarding the Smartnetwork website or the Terms and Conditions then you can contact us at smartnetwork@telecom.co.nz.
Telecom reserves the right to make changes to these Terms and Conditions which will be effective once they are published on this site. You should revisit this area of the Smartnetwork website regularly to check the Terms and Conditions.
Use of the Smartnetwork website by you
You agree to only use the Smartnetwork website for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Smartnetwork website.
You must not:
- use the Smartnetwork website directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms and Conditions;
- use the Smartnetwork website directly or indirectly to post or transmit any material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Smartnetwork website or which is false, misleading or deceptive in any way;
- submit for posting or otherwise distribute any material in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
- use the Smartnetwork website directly or indirectly, or use any service provided on the Smartnetwork website, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);
- attempt to gain unauthorised access to the Smartnetwork website or use another person's name, registration account or password;
- knowingly provide registration information that is not truthful;
- tamper with, hinder the operation of or make unauthorised modifications to the Smartnetwork website;
- knowingly transmit any virus or other disabling feature to the Smartnetwork website;
- collect information about others, including email addresses, without their consent; or
- engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for the Smartnetwork website.
Disclaimer and Limitation of liability
To the extent permitted by law, Telecom and its information contributors exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the material, products or services, including products or services of any third party, that are made available via the Smartnetwork website.
The Smartnetwork website and Material available on it are provided on an "as is" basis. You understand that by using this Smartnetwork website, you may be exposed to content that is posted by third parties which you may find indecent or objectionable.
Telecom makes no warranty that the Smartnetwork website will be free from viruses or any kind of malicious code whatsoever. To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:
- the Smartnetwork website;
- Material on the Smartnetwork website;
- the services or Products made available through the Smartnetwork website;
- the availability of the Smartnetwork website; and
- your use of the Smartnetwork website,
are excluded.
To the extent permitted by law, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:
- your use of the Smartnetwork website (and its material);
- any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Smartnetwork website;
- any failure to provide the Smartnetwork website;
- any products, goods or services supplied, offered or advertised on the Smartnetwork website; or
- your purchase of any goods or services offered for sale on the Smartnetwork website or your use or reliance on any information provided on the Smartnetwork website.
Linked Sites
The Smartnetwork website and its’ posts may contain links to external sites. Those sites are not part of the Smartnetwork website and, unless otherwise indicated, are not under Telecom's control. No link appearing in the Smartnetwork website and no external sites linked to the Smartnetwork website is endorsed by Telecom and no responsibility is taken for material in them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify Telecom against any liability arising out of your accessing any linked site.
Placement and Removal of Material on the Smartnetwork website
We reserve the right (but have no obligation):
a. to decline to publish, or where already published, to remove any material that we consider in our absolute discretion is inappropriate for the Smartnetwork website for any reason;
b. to establish general practices and limits concerning the uploading of material to the Smartnetwork website or the level and amount of your use of the Smartnetwork website and that these practices and limits may be modified from time to time;
c. to monitor use of the Smartnetwork website by you and store and disclose any information we collect, including in order to investigate you compliance with these Terms and Conditions or for the purposes of any police investigation or governmental request.
You agree that Telecom has no responsibility or liability for the deletion or failure to store any material submitted by you to the Smartnetwork website.
By providing material to Telecom for posting or publishing on the Smartnetwork website, you:
a. authorise Telecom to use any Material you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of Telecom and its customers and the public;
b. authorise Telecom to edit, modify, amend or adapt or otherwise change your Material;
c. grant Telecom a world-wide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your material, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that material in hard copy publications or in electronic media, using your material in advertising or promotional material and permitting others to do any of these, including when others or Telecom receive payment for doing this;
d. warrant that you are the sole author or owner of the material;
e. warrant that you have the right to grant the abovementioned licence;
f. agree that we may use your name, likeness, publically accessible biographical data in connection with our use of such material; and
g. agree to indemnify Telecom and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by Telecom of your Material.
You acknowledge that our use of your material may include licensing such material to third parties and/or using such Material for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses.
Intellectual Property
You acknowledge that copyright, trade marks and all other intellectual property rights ("IP Rights") in the Smartnetwork website and in the material displayed or available through the Smartnetwork website belongs to Telecom or its licensors.
You are provided access to the Smartnetwork website only for your personal use. Subject to applicable laws:
- unauthorised use of the Material is strictly prohibited and may infringe Telecom's or its licensors IP Rights in the Material; and
- no content may be reproduced, published or transmitted in any manner without the prior written consent of Telecom.
Without limiting the above, and subject to applicable law, you may not without prior written permission from Telecom:
- archive the Material or any part of it;
- form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material;
- - link to the Smartnetwork website including (without limitation) linking in any way which:
- frames the Smartnetwork website;
- replicates the Smartnetwork website; or
- misleads any person regarding any association with the Smartnetwork website or any association with Telecom (whether implicitly or expressly).
The trade marks used on the Smartnetwork website are Telecom's trade marks or the trade marks of a third party. Nothing on the Smartnetwork website should be construed as granting any licence to use any trade mark without the permission of the owner.
You must not use any of Telecom's trade marks:
- as or as part of your trade marks;
- in connection with goods or services which are not the goods or services of Telecom;
- in a manner that may be confusing, misleading or deceptive; or
- in a manner that disparages Telecom, its information or services or the Smartnetwork website.
Technical Difficulties
You acknowledge that your use of the Smartnetwork website and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, Telecom and its service providers do not make any warranty that the Smartnetwork website or services will be error free, without interruption or delay or free from defects in design or engineering.
The compatibility of this Smartnetwork website is not guaranteed for all software or hardware of users.
Indemnity
To the maximum extent permitted by law, you specifically agree to indemnify and hold Telecom and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of the Smartnetwork website or its use by any person on your behalf. For the purposes of this paragraph Smartnetwork website includes any linked sites.
Privacy
We aim to act always in accordance with Telecom privacy policy and the laws of New Zealand in relation to privacy. Iif you have any queries about anything on this site please contact us. We will never pass on or use any personal information collected about you for any other purpose (such as advertising) without your permission.
If you make contact with a person through the Smartnetwork website and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Smartnetwork website without the prior consent of that person.
Severability
The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.
Law
These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms and Conditions.