TERMS AND CONDITIONS FOR ON ACCOUNT CUSTOMERS
If you have applied for our services by completing an account application form you will be charged one month in advance for the Services. You will be an On Account Customer and you will need to review the Terms and Conditions set out below which will govern the contractual relationship between us. Where a Service for which you have applied is subject to specific Terms and Conditions published on our Website, the specific Terms and Conditions (as amended from time to time) shall form part of this Agreement. If there is any inconsistency between these Terms and Conditions for On Account Customers and any other terms and conditions, then these Terms and Conditions will take precedence. Please note in particular the specific wireless phone & broadband service provisions stated in clause 32 below.
Contents
1. Interpretation
2. Commencement and Term
3. Coverage and Services
4 Security
5 Charges and Billing
6 Pricing Plans
7 Access to Account and Your Information
8 Credit References and Provision of Related Services
9 Consumer Guarantees Act and Limitation of Liability
10 SIMcard
11 Access to Premises
12 Provision of Hardware and Additional Services
13. Phone Numbers and Number Portability
14 Privacy
15. Suspension and Disconnection of Services
16. Transferring Responsibilities
17. Rollex’s right to end this Agreement
18. Rights and Responsibilities that Continue
19. Network Operators and Other Suppliers
20. Insurance
21. New Zealand and Australian Law
22. Waiver
23. Disputes
24. Force Majeure
25. Agents of Rollex
26 Rollex Wireless phone &broadband services
1. Interpretation
“Account Holder” means the Rollex Customer who is liable for all Charges payable under this Agreement.
“Add-Ons” means monthly tariff bundles available only under Rollex’s You Choose™ Pricing Plan.
“Agents” means any contractors, providers, dealers or agents appointed by Rollex to perform any of Rollex’s obligations under this Agreement. “Agreement” means these Terms and Conditions between us and you.
“Application Form” means an application form signed by you setting out your details, to connect to our Services.
“Bar” means suspending access to Services and may be either an Out bar, restricting use of the Mobile Device for making calls and accessing the Services, or an In-bar, restricting use of the Mobile Device for receiving calls and accessing the Services, or both.
“Bill” means either a paper statement of your Charges or an Online Bill. “Charges” means all monthly access charges, services costs and usage call charges payable in accordance with the Pricing Plan and any additional charges payable by you. All prices unless otherwise stated, exclude GST (if any).
“Customer Services” means the Rollex Customer Services team, “Default Rate” is the rate of 1.5% per month or any other rate notified to you on your account. It applies from the date payment by you is due to the date we receive your payment in full.
“Equipment” means the Rollex at home device (if clause 31 applies) and / or the wireless access router device and any other connected devices (if clause 32 applies).
“Fair Use Policy” has the meaning set out in paragraph 3(o) of these Terms and Conditions and is published on our Website and updated from time to time.
“GST” means Goods and Services Tax as defined in the Goods And Services
“Mobile Device” means a Cooltel s device or any other device using a simcard that we market.
“Network Operator” is any entity with whom we have entered into an interconnection agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity.
“Notification” means either (a) a paper statement sent to you of your Charges; or (b) a text message to you that your bill is payable by you; or (c) an email to you that your bill is payable by you.
“Online Bill” means an electronic statement of your Charges accessed by you through our Website.
“Payment” means paying for your Rollex goods or service onlineby Paypal or credit card transaction or by any means made available by us from time to time.
“Phone Number” means a mobile phone number or a landline phone number which is either allocated to you by us or which you Ported or seek to Port.
“Port” means to transfer the Phone Number from one Telecommunications Service Provider to another according to the approved industry process (and words such as Porting, Ported and Porting Process shall be construed accordingly).
“Pricing Plan(s)are your chosen by you and data and access rates which form part of this Agreement. Pricing Plans are published on our Website.
“Re-direct” means a re-direction of all calls being made from a Mobile Device which may end access to all Services until the re-direction is lifted.
“Services” means the telecommunications services and related products and services that are made available to you by us or our agents from time to time.
“SIMcard” is the subscriber identity module needed to operate your Mobile Device and through which you are connected to the network, and includes any SIMcard issued to you by us.
“Telecommunications Service Provider” means a provider of telecommunications services to the public in New Zealand and Australia
“Term” means, subject to any early termination under this Agreement, the period specified in your application form or in any extension to or replacement for this Agreement.
“Users” means identifiable individuals who use the Services. “Website” means our website at www.rollexmedical.co.nz. Or www. rollexmedical.com.au
“we” or “us” means Rollex
“you” means the Account Holder under this Agreement and “your” has a corresponding meaning.
2. Commencement and Term
This Agreement begins when we set up your connection to our Services to be available for your use or from the date your connection is activated .
(a) If your connection to our network or a Service is for a fixed Term:
(i) This Agreement will continue for the duration of that fixed Term,
(ii) If you terminate this Agreement before the end of that fixed Term you may have to pay early termination charges. You may obtain details of any early termination charges by referring to our Website or by contacting Customer Services.
(iii) If you resign to a new term before the end of that fixed Term, you may have to pay early resign charges. You may obtain details of any early resign charges by referring to our Website or by contacting Customer Services.
(iv) On expiry of that fixed Term your connection can be terminated by you or us on one month’s notice or any lesser notice period agreed between us.
(b) If your connection to our network or Services does not have a fixed Term, this Agreement continues on a month by month basis until it is terminated in accordance with these terms and conditions. Unless we have agreed otherwise, no early termination charges are payable by you if you wish to discontinue a connection to our network or a service which is not a fixed Term connection.
3. Coverage and Services
(a) While we will do our best to provide quality Services, because of the nature of mobile telecommunications, it is impossible to provide a fault-free service and the quality and coverage of the Services depends partly on your Mobile Device, partly on our network and partly on other providers and telecommunications networks to which our network is connected or connects.
(b) Coverage and Services can be adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages on other networks and provider sites, the configuration or limitations of your, or your intended recipient’s, Mobile Device or other operational or technical difficulties which means that you may not receive some or all of the Services in certain areas or at certain times.
(c) Coverage and Services can also change with network expansion or reconfiguration.
(d)
(e
(f) The Services may be changed, modified, advanced, suspended or removed by us. We will try to notify you before doing this or introducing substitute or new Services. If any of our new Services require new or upgraded mobile devices or equipment, you will be responsible for obtaining that new or upgraded Mobile Device or Equipment.
(g) You agree to follow our instructions about the use of the Services and ensure that everyone who uses your Mobile Device also meets your responsibilities when using your Mobile Device. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services. You are responsible if anyone else, whether authorised by you or not, uses or misuses your Mobile Device or our Services.
(h) You agree not to use your Mobile Device or the Services for any abusive, illegal or fraudulent purpose.
(i) We can require you to stop using any SIMcard or Mobile Device immediately if we believe that it could cause any interference, or if it is not approved by us for use on our network or in connection with any of our services. You must not use any Mobile Device which masks or in any way alters the true origination or termination of any call or other transmission.
(j) Using or agreeing to use the Services does not give you any rights, in any part of the Services. You must not resell, in any way whatsoever, the whole or any part of the Services.
(k) You agree that if you do not use your Mobile Device in accordance with these conditions we may restrict or suspend your use of the Services.
(l) If your Mobile Device is stolen or you lose it, you must contact us immediately so that we can prevent further costs occurring. You will be responsible for all calls made or Services accessed from your Mobile Device up to the time you advise us of its loss or theft.
(m) The integrity or quality of the data or information you send or receive via the Services (including PXT or data files) may be affected or compromised due to the configuration of our network, the use of the internet, or other device.
(n)
4. Security
(a) You must keep your Mobile Device and SIMcard secure at all times. We recommend that you use PIN and other access code features provided with your Mobile Device, the SIMcard, or the Services, to ensure that only you are able to access and use the Services, and no one else. You must keep all such PIN codes confidential at all times.
(b) If your Mobile Device or SIMcard becomes lost or stolen, or is otherwise not in your possession you must contact Rollex immediately so that we can prevent someone else from using it. This is important as you will be liable for all charges for calls made, messages or other content sent, or Services accessed using that SIMcard or your voicemail up to the time you advise us of its loss or theft. We are not liable for any loss to you, as a result of the loss of, theft of, damage to, or unauthorised use of, your Mobile Device or SIMcard.
(c) Some Services are available via the internet or other systems operated by third parties and, although we will endeavour to maintain the security of information, we cannot guarantee that information you receive or supply when using the Services will be secure at all times. You acknowledge that we are unable to exercise control over, and make no representations or warranties concerning, the security or content of data or information passing over our network, any systems operated by third parties, and the internet.
(d) If the PIN request function is activated on your Mobile Device and the PIN is entered incorrectly three times in a row, the SIMcard will automatically block. To unblock the SIMcard you will need the PUK code. You can obtain this code by calling Customer Services. You will be required to answer security questions before the PUK code can be released to you. If you continue to block your Mobile Device by incorrectly entering the PIN you may destroy the SIMcard and lose names and numbers stored on the SIMcard. You will then be required to purchase a new SIMcard which comes with a new PUK code.
(e) We will not be responsible for any harm you suffer from a virus or other manipulating program which infiltrates your Mobile Device, whether it was transmitted via the Services or otherwise. In accordance with paragraph 6(a) you remain responsible for all Charges applied to your account for the use of any Services activated by such a virus or program.
5. Charges and Billing
(a) You will receive Notification of your Charges on a monthly basis, starting from on or about when your connection to our Services is available for your use. You must pay the Charges by the date specified on the Bill. You will pay the Charges no matter who incurs them or how they are incurred. We may charge for some Services in arrears depending on when charges come through from other Network Operators and providers. You may be charged interest on amounts not paid by the due date at the Default Rate and you will also have to pay any reasonable expenses (including solicitor and own client costs) we incur in collecting any moneys that you owe to us or in exercising any of our other legal rights. You must advise us when you change your address.
(b) We will not be responsible if Notification is not received by you for any reason.
(c) If you receive an Online Bill, our online billing terms apply in addition to the terms contained in this Agreement.
(d) If there is a mistake on your Bill, please let us know as soon as possible. You may only withhold payment of the disputed part of a Bill. If we agree there has been a mistake, we will correct it. Otherwise, you must pay your Charges by the due date without set-off or deduction.
(e) We can use any credit balance or security deposit in any of your accounts or use any moneys we owe you to cover your outstanding Charges. We may charge a reasonable account administration fee in relation to accounts we regard as being dormant or for providing statements or for dealing with unused credit balances. Subject to those rights, we will refund any unused credit or security deposits at the end of this Agreement. We will hold any security deposit in a
non-interest bearing account.
(f) At our discretion, if you terminate your Agreement prior to the expiry of the Term for any reason other than our default:
(i) you will repay to us any credit we have given against your account, pro-rated to the length of the Term remaining; and
(ii) any credit remaining on the account will not be used to set off any Charges or early termination charges.
(g) We can, at our discretion, impose credit limits for your use of the Services and we will try to notify you as soon as we impose such limits. You must observe any credit limits we set from time to time. We may restrict your use of the Services without further notice to you if you exceed the credit limits we have set. However, you will continue to be liable for all charges incurred in excess of any credit limit in place.
(h) Every person named as a customer on the Application Form must meet all the customer’s responsibilities under this Agreement.
(i (j) You are responsible for all Charges and for calls made using the SIMcard(s) issued to you until we deactivate the SIMcard(s). Removing your SIMcard from your Mobile Device will not deactivate the SIMcard. Please contact Customer Services immediately if you lose or damage your SIMcard or if it is stolen so that it can be restricted or deactivated. We may charge you a replacement fee unless we are at fault.
(k) If you require us to provide you with technical support, or administration services (including, as applicable, service suspension, call barring, call redirection), we may charge you for the costs we incur in carrying out these services. If you require prior notification of our current Charges please call Rollex
6. Pricing Plans
(a) You may choose to change from one Pricing Plan to another. If you change your Pricing Plan it is up to you to check what, if any, special Terms and Conditions there may be for the different Pricing Plans or if there is any fee for changing your Pricing Plan. You may contact Customer Services or visit our Website to obtain information about Pricing Plans.
Support
Support calls cost $1.50 per minute
After the device has initially been set up their will be a charge for phone support to explain details about the device in th form of the 0900 ****** number which must be used for enquiries about the device or the service, providing the device and the service is operating correctly. If a call is not made to the 0900****** and made to our Rollex staff directly, then at the time of the call it will be established if the call is for a fault or other information. If it is not a fault then you call will be forwarded to the 0900****** number
There is a minimum one minute charge for each call
7. Access to Account and Your Information
(a) You may choose to allow restricted access to your information. Please contact Customer Services to establish the level of access you wish to have and to set up the relevant PIN numbers. You are responsible for keeping all PIN numbers secure.
(b) We will be entitled to allow anyone using your PIN to request information or act on your behalf. If you give us any instructions, we may need time to verify them before we act on them.
8. Credit References and Provision of Related Services
(a) You authorise us to check your credit status with any credit reference agency as we see fit from time to time and to pass on credit information about you to any credit reference agency at any time. If you are not satisfied with the information about you which we receive from any credit reference agency, you must deal directly with the credit reference agency.
(b) If you do not give us the names of any credit referees when we ask for them, or we are dissatisfied with the information regarding your credit status, we can decline your application or terminate your connection to our network.
(c) We may ask for a security deposit and/or impose other conditions upon approving your application. These may include, but are not limited to, a mandatory payment method or credit limit.
(d) When you ask for any additional services we can ask for further credit referee(s) and/or a security deposit for that service and may also impose a credit limit.
(e) We may decline your application (and/or any request for additional services, or provide a restricted service at our discretion and we do not have to disclose our credit criteria or the reasons for our decision.
9. ACCC and Consumer Guarantees Act and Limitation of Liability
(a) Where you do use, or hold yourself out as using, our Services for the purposes of a business, then the Consumer Guarantees Act statutory guarantees do not apply to your connection or to our Services and we exclude any liability of any kind (whether in contract, tort, equity or otherwise) to you or anyone claiming through you, relating to any loss of product, profits or revenue, loss of data, lost business or missed opportunities, wasted expenditure or savings you might have had, or any form of indirect or consequential loss whatsoever, arising from:
(i) your connection to our network or the content or supply of any Services;
(ii) the failure, interruption or delay in the supply of, any Services (including number transfer if applicable) or any part of them or any negligence in this regard;
(iii) the fitness of all or any of the Services for any particular purpose;
(iv) errors in or omissions from any directory assistance listing or published directory assistance;
(v) the inaccurate transmission of any call;
(vi) your use of the Mobile Device (whether authorised or not); (vii) any other matter which relates to this Agreement.
10. SIMcard
Any SIMcard we issue to you remains our property. You must return it to us in good condition when your connection ends. We may charge you a fee if you fail to return the SIMcard within 30 days after disconnection.
11. Access to Premises
You will allow us or our Agents to access to your property to perform our obligations under this Agreement. We will always try to give you reasonable prior notice if we require access to your premises and we will ensure that our Agents carry sufficient proof of identity. If you do not allow us to access your premises your ability to use the Services may be adversely affected.
12. Provision of Hardware and Additional Services
(a) If you have acquired a Mobile Device, Equipment or other accessories, such as a battery pack or mains charger, from us or from one of our Agents, all claims in relation to those products are covered by the warranty, if any, offered by the relevant manufacturer.
(d) Content or material, which you may access or have provided to you, using our Services, is for your personal and non-commercial use only. You may not forward copy, reproduce, re-sell or distribute such content or material to any third party or interfere with it in any way. You acknowledge that this obligation is expressly for the benefit of our Agents.
(e) You agree that you are responsible for ensuring that you have the right to send all data and information that you send when using the Services. You acknowledge that we may alter any data or information that you send when using the Services in order to enable delivery of that data or information to the recipient.
13. Phone Numbers and Number Portability
(a) Phone Numbers are allocated to you by us or another Telecommunications Service Provider and do not belong to you.
(b) You may not Port the Phone Number to another Telecommunications Service Provider.
14. Privacy
(a) Rollex’s use of your personal information (if any is collected) is governed by this Agreement and the Rollex Privacy Policy,
(b)You agree that we and our Agents can collect information about you and the way in which you are using the Services. This information may be obtained from you or we will obtain it from our records. You may ask to see personal information we have about you and ask us to correct any information that is not correct.
(c) You agree that we and our Agents can use and hold this information and share it with one another, or with any Rollex group company and with those employees who need to use your information in the context of our business, for a range of lawful purposes connected with our business operations including:
(i) providing you and others with the Services;
(ii) sending you bills;
(iii) maintaining and improving the quality of the Services; (iv) directory purposes (see paragraph 17 below);
(v) checking your creditworthiness;
(vi) keeping you informed about our special offers, products and Services, and those of selected Agents, which may be of interest to you (unless you have told us that you do not want to receive this information).
(d) You agree that we and our agents may send you marketing messages, electronic or otherwise, about our special offers, products and services, and those of our selected Agents and third parties which may be of interest to you. You agree too that the electronic marketing message we, our Agents and third parties send need not include an unsubscribe facility.
(f) To maintain and improve the Services, we can monitor and record calls you make to us or we make to you.
(g) Some personal information can be shared with other Network Operators so you can make and receive calls, so we can transfer numbers from one network to another and to monitor or investigate fraud or other offences. We may also provide your personal information to public sector agencies in order for them to investigate an offence.
(i) Subject to any rights you may have under the Privacy Act 1993 or any other act , we will not be liable to you, or to anyone else, for:
(i) the content or lack of confidentiality of any Services you use; (ii) any disclosure we make by law to a public sector agency.
15. Suspension and Disconnection of Services
( (b) You may discontinue your connection to our network or give up any service at any time by calling Rollex and giving us at least one calendar month’s notice. Your connection to our network or the particular service will be disconnected one calendar month after receiving your notice and this shall be the date of disconnection. Some services are able to be terminated sooner than this.
(d) If you request us to, or we elect to, disconnect your connection to the Services
(i) any early termination charges (if they apply) ; and
(ii) all Charges incurred until the date of disconnection; and
(iii) any outstanding Charges and other moneys payable by you for the Services.
(g) If we suspend, Bar, or disconnect your connection and end this Agreement under clause all charges for any Services will be payable by you in accordance with this Agreement.
(h) If you do not pay your bills by your due date we can suspend, Bar, restrict your use of all or any of the Services without telling you. We may also disconnect your connection and end this Agreement if you do not pay your bills by your due date, but we will give you 5 business days notice before we do so. We will not disconnect your connection if your outstanding account is in dispute.
(i) If we suspend your use of our Services, we will try to contact you before doing so. We do not need to suspend Services before disconnecting your connection.
(j) Where we suspend, Bar, or restrict the Services all Charges will continue to apply.
(k). We can delete or prevent access to material on our server we believe, in our reasonable opinion, breaches these terms or which is the subject of an infringement notice under s 92 of the Copyright Act 1994 .
16. Transferring Responsibilities
(a) We may transfer to someone else the whole of this Agreement and/or any interest in our network.
(b) Your interests in this Agreement are personal to you and you may not transfer or on-sell the Agreement or any benefit or obligation under it to another person without our consent. If you are a company and your effective management or control is changed in any way, we may treat this as a transfer of this Agreement entitling us to end it.
(c) You must pay any costs in respect of recording any transfer to which we consent (including our costs in checking the creditworthiness of the transferee). Rollex’s normal credit criteria will apply to any proposed transferee.
(d) Rollex retains the right to alter its Services and/or Terms and Conditions for the proposed transferee.
17. Rollex’s right to end this Agreement
Notwithstanding any other clause in this Agreement, we can disconnect your connection or terminate particular Services:
(i) if any of our licences to operate our network is ended or suspended or any interconnection agreement with any other Network Operator expires or is ended; or
(ii) for any other reason we believe that it is appropriate to do so, and in either case you will only have to pay any outstanding Charges incurred up to and including the time of disconnection.
18. Rights and Responsibilities that Continue
Ending this Agreement does not affect any of the rights or responsibilities which are intended to continue or to come into existence after this Agreement ends including (without limitation) any obligation you may have to:
(i) pay any outstanding charges;
(ii) pay any early termination charges; and
(iii) return any Rollex equipment you may have on loan from us or any of our Agents.
19. Network Operators and Other Suppliers
We have certain obligations towards other Network Operators, Agents and suppliers. Those persons (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the Services we provide or from your use of those Services and our network, including (without limitation) your access to and use of any provider’s site or Network Operator’s networks. This paragraph creates an obligation that other Network Operators, Agents and suppliers can enforce, whether as a defence or otherwise.
20. Insurance
It is your responsibility to insure your Mobile Device and Equipment for its replacement value (including cover against calls made if it is lost or stolen). You will be required to pay for all Charges up to the time you notify us of the loss or theft and your SIMcard is deactivated. If you are uninsured and/or choose not to replace your Mobile Device or Equipment, you will be liable for the Charges.
21. New Zealand and Australian Law
If this agreement is signed in NZ then this Agreement is governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.
If this agreement is signed in Australia then this Agreement is governed by the laws of Australia and you submit to the jurisdiction of the New Zealand courts.
22. Waiver
If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.
23. Disputes
If you have any dispute with us or our Services, please refer that dispute, initially, to Rollex Customer Services. If Customer Services are unable to resolve your concerns the matter will be escalated to the Customer Operations Support Manager.
24. Force Majeure
We will not be liable for any delay or failure of the Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event beyond our control.
25. Agents of Rollex
(a) We shall be entitled to subcontract or delegate the performance of any of our rights or obligations under this Agreement but any such subcontracting or delegation will not relieve us from liability for performance of any such obligation. Without limiting this, we may appoint an agent to provide billing services (including credit checking and control) and Customer Services.
(b) Invoices issued by our Agent will be binding on you and payment of those invoices in full to our Agent will be a valid discharge of your liability to pay those invoices under this Agreement.
(c) Any Mobile Device supplied to you by our Agent has been supplied by our Agent acting in its own right and not as Agent of Rollex. Rollex accepts no responsibility for any matters relating to the Mobile Device supplied by our Agent;
(d) Our Agents can enforce those obligations expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
26. Wireless & broadband service Specific Terms andConditions
If you have applied for the wireless phone or broadband service, the provisions of this paragraph 32 will also apply to your connection and take precedence over the existing provisions of this Agreement.
(a) You must choose one of our wireless devices and or control by web service specific Pricing Plans as presented by us or our Agent.
(b) Although we may use an Agent for Pricing Plan or sign up purposes, or for the supply of the Equipment and related accessories, and even though the same person as our Agent may supply you with the Equipment, that person is not acting as our Agent when supplying you with the Equipment. That person is supplying you with the Equipment itself directly on terms agreed between you and that person, and your rights and remedies in relation to that Equipment are against that person solely and not Rollex
(c) You acknowledge that the Rollex wireless device & control by web service:
• only operates as intended on our 3G network as updated from time to time. You confirm that before agreeing to purchase the wireless devices & control by web service you checked and were happy that a 3G network connection exists at the location from which you wish to use the Rollex wireless phone & broadband service.
• only available using Equipment approved by Rollex
(d) You may discontinue your connection to our network by calling Customer Services and giving us a minimum of one calendar. month’s notice. Your connection to our network or this Service will be disconnected one calendar month after receiving your notice and this shall be the date of disconnection.
(g) If it is possible to transfer the Service to your new address and you give us all the relevant details, we will do so subject to the remainder of this clause 32.
(i) You must not connect the Equipment to other routing or communications exchange equipment.