Terms and Conditions

Prepay Plan Terms and Conditions
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*Unlimited data: Maximum data speeds, Fair use and Mobile terms apply. Unlimited voice calls and TXTs to standard NZ and Aus numbers, landlines and mobiles, placed while in New Zealand only (e.g. no short codes or MMS/PXT). Personal mobile phone use only.

‍All Mighty Mobile plans are Prepay. The full amount of each plan must be paid upon activation, renewal or purchase of a voucher. A Mighty Mobile SIM card must be purchased before a Prepay plan can be activated. SIM delivery can take up to 14 working days, after which you can activate your Plan. 100 MMS are included to standard New Zealand mobile numbers. Calls, SMS & MMS to non-Australian international numbers, special or premium numbers (eg. 0900, 018) data calls and usage, video calling and roaming services are not included. Additional add-on packs (when available) must be purchased separately in order to use premium services like roaming and international calls.

‍Upon activation, all plans are set to Auto Renew by default. This means your Plan will automatically renew 24 hours before its expiry and you authorise us to take payment of the charges payable for the renewal of your plan using the payment method details that you provided to us upon registration. You are able to cancel and/or disable Auto Renew by going to your Mighty Mobile account at accounts.Mightymobile.co.nz/login, select the Billing Details tab and click Remove Schedule.
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Promotional Terms

Mighty Mobile 10% Credit Back Promotion - Terms and Conditions

Promoter
This offer is offered by Mighty Ape Limited in connection with Mighty Mobile.
Promotion Period
a. This offer is available from 9:00am NZST 4 May 2026 and continues until amended, suspended or withdrawn by Mighty Ape.
b. Mighty Ape may amend, suspend or withdraw this offer at any time with at least 30 days’ notice to affected customers.
Eligibility
This offer is available to customers on eligible Mighty Mobile monthly plans from 4 May 2026 onwards.
a. Eligible monthly plans are Starter, Fast, Faster and Fastest.
b. This offer applies to monthly plans only and excludes annual plans.
c. This offer is available to both new and existing customers from 4 May 2026.
d. No credit will be applied for any period prior to 4 May 2026.
e. To receive and continue receiving credit under this offer, the customer’s Mighty Mobile account and Mighty Ape account must use the same email address at all times.
f. Customers must comply with Mighty Mobile’s standard terms, billing requirements, activation requirements and any applicable fair use requirements to remain eligible.
Offer
a. Eligible customers will earn an amount equal to 10% of the monthly price paid for their eligible Mighty Mobile monthly plan.
b. Credit earned under this offer will be applied to the customer’s Mighty Ape account.
c. Credit may be used on eligible purchases with Mighty Mobile or Mighty Ape.
d. Credit is not transferable, refundable, exchangeable or redeemable for cash.
e. The maximum claim “earn up to $90 back over 12 months” is based on a customer joining the Fastest monthly plan at $75 per month, earning $7.50 per month in credit over a 12-month period.
f. Existing customers on a previous Fastest plan price of $80 per month may earn up to $96 in credit over 12 months (10% = $8.00 per month).
How Credit is Calculated
a. Credit is calculated at 10% of the monthly plan price paid for the relevant eligible month.
b. If a customer changes between eligible plans, the amount of credit earned will be based on the price of the eligible plan paid for that month.
c. Any credit calculation will exclude additional charges, add-ons, non-plan purchases, fees, or other charges not forming part of the eligible monthly plan price, unless expressly stated otherwise.
d. Credit accumulates as a balance on the customer’s Mighty Ape account and is not issued as separate codes, vouchers or coupons.
Issue of Credit
a. Credit will be issued to the customer’s Mighty Ape account within 40 days of the relevant qualifying monthly plan payment.
b. It is the customer’s responsibility to ensure their Mighty Mobile and Mighty Ape accounts remain registered to the same email address at all times.
c. If account details do not match, credit may be delayed, withheld or forfeited.
Use of Credit
a. Credit issued under this offer may be used on Mighty Mobile or Mighty Ape.
b. Credit forms part of the customer’s available Mighty Ape account balance.
c. Credit may accumulate over time and be used as part of a larger balance.
d. Credit may be applied against future Mighty Mobile purchases or eligible Mighty Ape purchases, subject to standard account and checkout functionality.
Expiry of Credit
a. Each amount of credit issued under this offer expires 12 months from the date it is issued to the customer’s Mighty Ape account.
b. Any expired unused credit will be forfeited.
Plan Changes and Cancellation
a. If a customer changes between eligible monthly plans, they will remain eligible for this offer.
b. In that case, the credit earned for each month will be based on the price of the eligible plan paid for that billing period.
c. If a customer cancels their plan, they will not receive future 10% credit back after the effective date of cancellation.
d. Any prepaid eligible month already paid before a change or cancellation will still qualify for the applicable 10% credit back.
e. Customers will continue to receive credit while they remain on an eligible plan.
Other Promotions
a. This 10% credit back offer is independent of any other discounts, sales, or offers that may apply to Mighty Mobile monthly plans.
b. If a monthly plan is purchased while another promotion or discount applies (e.g., 30% off, buy one get one free), the 10% credit back will still be earned.
c. In such cases, the 10% credit back will be calculated based on the full plan price for that billing period, before any discounts or promotions are applied.
d. Mighty Ape reserves the right to determine eligibility for credit in cases where conflicting promotions occur, in accordance with these Terms and Condition
Activation Requirement
a. To receive this offer, the customer must activate their Mighty Mobile SIM or service in accordance with Mighty Mobile’s standard activation process.
b. SIM must be activated within 3 months from purchase, or the offer may be forfeited.Failure to complete activation may result in loss of eligibility for the offer.
c. If Mighty Mobile’s standard terms require activation within a specified period from purchase, that requirement will continue to apply for this offer.
Auto-Renewal and Billing
a. Eligible monthly plans may be set to auto-renew in accordance with Mighty Mobile’s standard terms and account settings.
b. Monthly billing and prepaid plan operation will continue in accordance with Mighty Mobile’s standard terms and conditions.
c. Continued use of the service may result in recurring charges unless auto-renewal is disabled where that option is available under the applicable plan terms.
d. Customers are responsible for ensuring valid payment details are maintained on their account where required.
Unlimited Data, Fair Use and Mobile Terms
a. All Mighty Mobile plans remain subject to Mighty Mobile’s standard terms and conditions, including any Fair Use Policy.
b. References to unlimited data do not remove or override any applicable speed, reasonableness, service, network management or fair use limitations.
c. Mighty Mobile may restrict, suspend or cancel service where usage is excessive, unreasonable, fraudulent, or otherwise breaches its applicable terms or policies.
Exclusions
a. This offer applies only to eligible Mighty Mobile monthly plans and does not apply to any other products, plans, services, fees, add-ons or charges unless expressly stated.
b. This offer is available only through channels specified by Mighty Ape or Mighty Mobile.
c. Abuse, misuse, fraud, manipulation, or attempted exploitation of the offer may result in disqualification, reversal of credit, suspension of service, cancellation of orders or any other action available under applicable terms or law.
General
a. These Terms and Conditions are supplemental to Mighty Mobile’s standard Terms and Conditions and any applicable Fair Use Policy.
b. In the event of inconsistency, these Terms and Conditions apply to the extent of that inconsistency in relation to this offer.
c. Mighty Ape may verify the validity of any claim, eligibility or account details and may refuse to issue or may cancel credit where these Terms and Conditions have not been complied with.
d. Mighty Ape may amend, suspend, extend or withdraw this offer where reasonably necessary, subject to applicable law.
Definitions
In these Terms and Conditions:
‍Eligible Plan means a Mighty Mobile monthly plan at Starter, Fast, Faster or Fastest price point.
‍Mighty Ape Account means the customer’s registered Mighty Ape customer account using the same email address as their Mighty Mobile account.
‍Offer Period means the period from 9:00am NZST on 4 May 2026
Credit means account credit issued under this offer to the customer’s Mighty Ape account.

EOFY 2026 Promotion Terms and Conditions

This promotional offer (“Offer”) runs from 09:00 NZDT on 2 March 2026 until 23:59 NZDT on 29 March 2026 (“Promotion Period”).
The Offer applies only to Mighty Mobile Unlimited data monthly plans at the Fast, Faster and Fastest price points. It does not apply to the Starter plan or any other Mighty Mobile plan.
Eligible customers who sign up for a qualifying plan during the Promotion Period will receive 30% off the monthly plan fee for the first six (6) months of their plan. After the first six months, standard pricing for the selected plan will apply.
All Unlimited plans remain subject to Mighty Mobile’s standard Terms and Conditions, including the Fair Use Policy. “Unlimited data” refers to data that is not metered for usage quantity. However, maximum data speeds, reasonableness and fair use limitations, and other mobile service terms apply. Mighty Mobile may restrict, suspend or cancel service if usage is excessive, unreasonable or breaches the Fair Use Policy.
Plans purchased under this Offer will be set to auto-renew by default. Mighty Mobile will automatically renew plans using the payment method provided unless auto-renewal is disabled via your account.
To receive the Offer, purchased plans must be activated in accordance with Mighty Mobile’s normal activation process. Failure to activate your plan may forfeit the promotional benefit. SIM must be activated within 3 months from purchase, or the promotional offer may be forfeited.
The Offer cannot be used in conjunction with any other offer or discount unless expressly stated. The Offer is available online only. Offers may be withdrawn or modified at Mighty Mobile’s discretion.
These terms are supplemental to Mighty Mobile’s standard Terms and Conditions, as published at mightymobile.co.nz/terms-and-conditions and the Fair Use Policy at mightymobile.co.nz/fair-use-policy. Continued service following the Promotion Period constitutes acceptance of standard plan terms and pricing.
Terms used in this document have the meanings given to them in Mighty Mobile’s standard Terms and Conditions.
The statement “Get Unlimited for less than $1 a day” is based on the promotional price of the Fast Unlimited plan at $28 per month during the first six (6) months of the Promotion. The daily equivalent is calculated by dividing $28 by 30 days, resulting in approximately $0.93 per day. This calculation is for illustrative purposes only and is based on the Fast Unlimited promotional price. Actual daily cost may vary depending on the number of days in a billing cycle and the selected plan.

November-December 2025 Promotion Terms and Conditions
Offer valid until 07 December 2025. New plans are set to auto-renew by default, you can manage or cancel your plan at any time via your account. SIM must be activated within 3 months from purchase, or the promotional offer may be forfeited.
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October 2025 Buy One Get One FREE Offer:
Offer available to new customers only (defined as individuals who have not previously activated a Mighty Mobile SIM or plan). Offer valid until 16 November 2025. New plans are set to auto-renew by default, you can manage or cancel your plan at any time via your account. The free 365 plan applies for the first 12 months only. Subsequent renewals will be charged at the then-current standard 365 rate (see mightymobile.co.nz/#Price-Overview). SIM must be activated within 3 months from purchase, or the promotional offer may be forfeited.
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July–August 2025 Promotion Terms and Conditions
Offer valid from 21 July to 31 August 2025. Discount applies to selected monthly plans for the first 6 months only: $10 off Fast, $15 off Faster, and $30 off Fastest. Standard monthly pricing resumes after the promotional period ends. Plans auto-renew by default. You can manage or cancel your plan at any time via your account at mightymobile.co.nz.

The statement “unlimited data from only $1/day” is based on the promotional Fast plan at $30/month. SIM must be activated within 3 months of purchase or the promotional offer may be forfeited. Maximum data speeds, fair use, and mobile service terms apply. Actual speeds may vary due to device capability, location, network congestion, and coverage.
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June 2025 Double Trouble - Buy One Get One FREE Offer:
Offer available to new customers only (defined as individuals who have not previously activated a Mighty Mobile SIM or plan). Offer valid until 28 June 2025. New plans are set to auto-renew by default—you can manage or cancel your plan at any time via your account. The free 365 plan applies for the first 12 months only. Subsequent renewals will be charged at the then-current standard 365 rate (see mightymobile.co.nz/#Price-Overview). SIM must be activated within 3 months from purchase, or the promotional offer may be forfeited.
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Get 30% off all 365 Plans with Primate‍

Primate customers save 30% on their first year of any Mighty Mobile 365 Plan. From the second year onwards, you’ll continue to save:

15% off Fast 365‍
20% off Faster 365
25% off Fastest 365

This discount is ongoing for as long as you remain a Primate customer.
Offer may be withdrawn at any time. Primate Terms & Conditions here

Mighty Mobile OPPO Giveaway (02/06/2025 - 28/06/2025):‍

Entry is limited to people residing in New Zealand only.
Employees, contractors and suppliers of Mighty Ape and their immediate families are not eligible for entry.
The prize is not transferable for cash. The prize consists of 2x A5 Oppo phones - 1x OPPO A5 Pro 5G (8GB) Olive Green and 1x Oppo A5 Pro 5G (8GB) Mocka Brown.
Contestants must sign up and activate their Mighty Mobile Unlimited 365 Plan + SIM during the promotion period which commences at 8:00AM on 02 June, 2025. Entries close at 11.59PM on 28 June 2025.
The winner will be drawn at random on or about 4 July 2025 at Mighty Ape. Judges’ decision is final and no correspondence will be entered into. Mighty Ape, in its absolute discretion, reserves the right to verify the validity of all entries and to disqualify any entrant who tampers with the entry process.
The winner will be contacted by email. This email will be sent to the email address associated with the winner’s Mighty Ape account.
Mighty Ape is not responsible for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Mighty Ape which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, Mighty Ape reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.
Mighty Ape assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries.
Mighty Ape is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by Mighty Ape on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.

Network Coverage Guarantee

After joining, if you're unhappy with our mobile network coverage, you can exit your mobile plan within 30 days of purchase without penalty and with a money back guarantee.

General‍

This document sets out the terms and conditions that apply to specific Mighty Mobile Services and Plans that are provided to you by One New Zealand Group Ltd or its subsidiaries (One NZ, our, we or us). The terms and conditions that will apply to your Services are:
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i. all the terms and conditions provided to you when you agree to purchase a Service, including all the terms and conditions contained in this document;
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ii. all the terms and conditions contained in the One NZ Privacy Policy, which is available at Mightymobile.co.nz/legal; and
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iii. all the terms and conditions provided in the Critical Information Summaries (CIS) for each Plan which can be found on our website at Mightymobile.co.nz/cis/ (collectively the “Terms”).

‍You accept the Terms when you purchase a Plan and register a Mighty Mobile account via the website at accounts.mightymobile.co.nz . By registering for a Mighty Mobile account, you acknowledge that you have read, understood and accept the Terms.

Your contract commences on your acceptance of the Terms, however, any credit expiry period does not start until you have activated your Plan. Other than for certain promotional offers which may require activation in a shorter period, you have up to 3 months to activate your plan before it expires.
The Terms and any of our Plans or Services may be changed from time to time. Any change to the Terms will be posted on the Mighty Mobile website, and unless stated otherwise will be effective immediately upon being posted online. We can also withdraw any Plan or Service at any time. We can move you to a comparable Plan or Service if we withdraw your Plan or Service, or we think you would be better off (acting reasonably and in good faith). We may notify you in advance depending on the nature of the change:
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i. If we consider that the change will have a neutral or positive effect on you, we can make the change without giving you advance notice. Your continued use of the Services after the effective date of any change will constitute your acceptance of the change;
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ii. If we consider that the change will have a detrimental effect on you we will give you 30 days’ notice of the change or, where that is not possible, as much notice as possible. Where a change is made that will have a detrimental effect on you during the period of your Plan, you may cancel your existing Plan and request a pro-rata refund of any prepaid fees paid for the remaining period of your Plan, provided you notify us of your intention to cancel within 14 days of receiving notice of the proposed amendments.
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One NZ and Mighty Mobile will comply with relevant laws, regulations and industry codes if any such changes are made.
Depending on the nature of the change, we may contact you by publishing the information in a public notice, online, or by email or TXT, or using any other contact details you provide to us.
For more information, on Mighty Mobile Plans and Services go to Mightymobile.co.nz/legal

Important Things You Need to Know
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AVAILABILITY
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The Plans and Services are for personal mobile phone use only, and are not available to medium to large business/corporate and commercial customers.
The Plans and Services are available to eligible and approved customers.

The Plans and Services are available online via Mightymobile.co.nz. If you’ve registered a credit card to your Mighty Mobile Service account, your Plan will be automatically renewed upon expiry in accordance with the Auto-Renew terms set out below. You will be sent a reminder before the expiry of your current term. If you have disabled the Auto-renew function on your account, you can renew your Plan by going to accounts.Mightymobile.co.nz/login. You can find more information on renewing your Plan at accounts.mightymobile.co.nz/profile/account/payment-methods
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FACTORS AFFECTING AVAILABILITY & PERFORMANCE
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Network coverage and many other factors may affect the availability and performance of certain Plans and Services.
Certain Plans and Services are only available if used in conjunction with a compatible mobile phone and if in a compatible coverage area. Not all mobile phones are compatible with our Network.
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The Terms contain details regarding mobile phone compatibility, and Network capability and availability. However, notwithstanding anything else in our contract with you, in addition to the networks operated by, for or on behalf of One New Zealand Group Limited, we may provide Plans and Services to you using any Network we consider appropriate and that network will constitute “our Network” or “the Network” for the purpose of the Terms. For more information about “our” Network, see accounts.Mightymobile.co.nz
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All Plans and Services are subject to device capabilities and Network limitations & availability. A compatible 4G mobile phone device is required to access our 4G Plans and Services. Actual speed achieved varies depending on factors such as device capabilities, location & Network congestion.
See accounts.Mightymobile.co.nz for coverage details. You agree to refer to accounts.Mightymobile.co.nz for coverage details, so that you can confirm that for your intended use of the Plans and Services, your address/es are located in the appropriate coverage areas and that the mobile phone you wish to select is compatible with the coverage area where your address/es are located.
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DATA

For Plans that include data, a data session:
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i. starts when you begin internet activity, either directly or indirectly* on your mobile phone; and
ii. ends when your data connection is lost. This will happen when:
a) You turn your mobile phone off, turn your data connection off, switch to flight mode or when you lose Network reception; or
b) Your mobile phone has not sent or received data for a period of time.

*Direct internet activity is when you prompt your mobile phone to send or receive data from the internet. For example, when you send an email. Indirect internet activity is when your mobile phone or mobile applications are set up to send or receive data from the internet on your behalf. Examples include (but are not limited to): Email notifications via Gmail, notification of Tweets or Facebook posts which mention you and software or weather updates.
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A plan that includes data is required to start a data session.
When using data, some internet services, including web sites and email, may not be accessible.
Unless otherwise stated, data usage is measured as the combination of both data you send (upload) and receive (download).

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HOTSPOT (Personal Hotspot / Tethering)

Except for Starter, each Plan has a Hotspot high-speed allowance (cap). Once you reach your Plan’s Hotspot high-speed cap, your Hotspot will continue to work, but it will be throttled to 1.2Mbps for the remainder of the month (or until your Hotspot allowance resets). The Starter Plan has no Hotspot high-speed allowance.

Your Plan’s Hotspot high-speed allowance:‍

Starter: 5GB at max speed including any Hotspot use.
Fast: 25GB of Hotspot at max speed, then 1.2Mbps.
Faster: 50GB of Hotspot at max speed, then 1.2Mbps.
Fastest: 250GB of Hotspot at max speed, then 1.2Mbps.

Hotspot performance may be affected by network coverage, device capability, and network congestion.

Hotspot use is for personal mobile use only and must comply with these Terms and any applicable fair use rules.

RATES AND TYPES OF CREDIT

Unless otherwise stated, call usage is charged in blocks of 60 seconds. Usage is rounded up to the end of the current block.
Each call and data charge is rounded up to the nearest cent and includes GST (where GST applies).
Unless otherwise stated, data usage is billed in per kilobyte (kB) blocks.
Details of the rates and charges which apply to the Plans are contained in the CIS for each Plan.
Credit may be expressed in any manner, including as a monetary value or as a quantity of a specified Plan.
Domestic MMS (capped at 100 per month) and voicemail are included in each Plan:
i. We may limit the number and duration of messages that can be left on your voicemail Service(currently 50 messages maximum).
ii. You are responsible for changing the PIN from the default number and setting your own PIN for the voicemail Service.
For text messages, a single text message has a limit of 160 standard characters. If you go over this, most phones will break the message into segments with a maximum length of 153 standard characters. A MMS will be deducted from your plan for each segment sent. Some character sets, such as non-English language keyboards as well as emojis and emoticons, have a 70 character limit per text message and 67 characters per segment. If your message contains special characters, such as emojis, your phone may send it as a picture message, or as multiple text messages. If this happens, a MMS will be deducted from your plan for each of those text messages or picture messages. Some phones will also convert long text messages which only contain standard characters to picture messages and these will be deducted from your plan accordingly.
You are responsible for all use of your Plan and Services, including use by any third parties, and all charges however incurred, except:
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i. Charges incurred because of our error or negligence; or
ii. Charges for unauthorised use (except where such use is the result of your negligence, carelessness, breach of contract, or failure to comply with our reasonable requirements, or by a third party within your reasonable control).
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All rates and charges are subject to change. Mighty Mobile and/or One NZ will comply with relevant regulations and industry codes with respect to such changes, including notifying you in advance of any proposed changes to the rates and charges applicable to your Plan or Services. Any change to the rates and charges will be applied when your Plan or Service is renewed.

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PLAN EXPIRY

Mighty Mobile Plans and Mighty Mobile Add-Ons have expiry periods once they are activated. Expiry periods are specified for each Plan in the Plan CIS file here.
Unless otherwise stated in the Terms, at the expiry or termination of your Plan or when the Plan is renewed (whichever occurs first), you will lose any unused minutes, data and TXTs for that Plan and cannot be carried over to any other Plan.
When your Plan expires or renews at the end of the plan period, any unused MMS will be lost and cannot be carried over to any other Plan.

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CHECKING YOUR USAGE

Check your call, TXT, MMS and data use here at accounts.Mightymobile.co.nz

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Mighty Mobile Plans

Plans provided for use in New Zealand are documented in their respective CIS file. You can view these on our website at Mightymobile.co.nz/legal‍
Each Plan with an expiry of 365 days comes with unlimited data provided at up to the relevant max speed of the plan (e.g. the Fast plan has unlimited data for 365 days capped at speeds up to 10 Mbps). Fair use policy applies to all plans.
Data can only be used in New Zealand, on our Network unless you are roaming and have bought the relevant roaming add on (when available).
Included minutes and TXTs and MMS are for standard person-to-person calls and TXTs to standard New Zealand and Australian numbers only, placed while in New Zealand. All Plans are for personal mobile phone use only.
Plans do not include calls or texts to any premium and special numbers (i.e. short codes) and trying to contact these numbers will not work.
Plans do not include voice call diverts.

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AUTO RENEW

Your Plan is set to Auto Renew by default.
This means your Plan will automatically renew 24 hours before your renewal time and date with the same data, minutes and TXTs as your previous plan and we will automatically take payment of the charges payable for that plan using the payment method details that you provided to us upon registration. And the new plan will start the following day once your existing plan expires. We will send you a reminder before the expiry of your current Plan.
If you disable auto renew between the time that you have been charged for a new plan and before the new plan renews, your plan will not be renewed despite being charged - We will automatically refund you within three working days.
You are able to cancel and/or disable Auto Renew by going to your Mighty Mobile account at accounts.Mightymobile.co.nz/sign-in, select the Billing Details tab and click Remove Schedule. To ensure an Auto Renew is cancelled without being charged you must remove the schedule before the renewal order payment is due to be charged. For the avoidance of doubt, this will not cancel your current Plan, it will only cancel any future Auto Renew. Your Plan will continue until the end of its expiry period and you will not be refunded any of the paid price for your existing Plan.
Add-Ons do not Auto Renew by default.

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SAFETY AND SECURITY

You are responsible for maintaining the security of any access codes or passwords used to access your services or account information.
To prevent others from using your mobile phone if it is lost or stolen we recommend you set up a PIN number on your SIM card. If it is entered incorrectly three times in a row, you will need the PUK code, which you can get by answering security questions by contacting the Mighty help desk at accounts.Mightymobile.co.nz/help. Incorrect entry of the PUK code more than seven times will permanently destroy the SIM card and you will need to purchase a new SIM card.
If your mobile phone or SIM card is lost or stolen, you must contact Mighty Mobile immediately so that we can prevent unauthorised use of your mobile Services. We will not be responsible for any loss you suffer as a result of the loss, theft, damage to, or unauthorised use of your mobile phone or SIM card, or from any virus or malware or loss of information, unless caused by our actions including negligence.
We make no representations or warranties concerning the security or content of information passing over our Network. You are responsible for reviewing the classification of information for any content you access using your Services, and for ensuring it is suitable for anyone else who has access to your Services.

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Porting/Bring Your Number

Your mobile phone number is allocated to you by us or another telecommunications service provider. The number is not owned by you. We will not change any phone number allocated to you except where required by law, by contracts with third parties, or by causes outside our control.
If you wish to port a phone number to Mighty, you agree and acknowledge that:
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i. You are the account holder for (or authorised representative) of the relevant mobile phone number.
ii. Porting the number means you will no longer receive service from your current telecommunications service provider and will lose any prepay credit balance you had with them. You may have outstanding obligations to that telecommunications service provider such as porting or early termination charges, and it is your responsibility to discharge these obligations.
iii. You will be responsible for all costs associated with porting the phone number.
iv. Services provided by your current telecommunications provider may not be available at Mighty Mobile.
v. We may in our discretion refuse to port the listed number where we consider it reasonable or appropriate to do so including, for example, if we believe your purpose is fraudulent.
vi. Neither we or Mighty Mobile will be liable to you for any direct or indirect loss or damage resulting from failure or delay in the porting process, unless such failure or delay is caused by our conduct including negligence.
vii. You expressly authorise the listed phone number to be ported to Mighty Mobile.

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When We Can Restrict or Cancel Your Services

If you have not purchased any plan for 365 days after the expiry date of your last Plan then you will lose your allocated phone number and you will lose any names, numbers or other details stored on your SIM card.
You may cancel your Plan by allowing your Mighty Mobile account to become inactive or by porting your mobile phone number to another telecommunications service provider.
Your Services will automatically end if you switch your phone number from Mighty Mobile to another provider and your Plans will not be transferred.
We may restrict, suspend, or cancel your Services or your Plan if:
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i. the health and safety of any person or the safety and security of our Network is at risk;
ii. for commercial reasons we can’t provide the Service or your plan;
iii. the Service is permanently or temporarily unavailable for any reason;
iv. you use your Services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright) or is likely to damage or negatively impact the operation of our Network, your plan or a third party’s network;
v. you resell or resupply a Plan or Service, or use it other than for ordinary personal, domestic or household purposes;
vi. you do not follow our or Mighty Mobile’s reasonable instructions in relation to your use of your Services; and
vii. you are otherwise in material breach of the Terms and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so.
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If your Plan is cancelled, you will lose any unused entitlements on your Plan. However, if we need to cancel your Plan for reasons outside of your control and other than for your breach, we will provide you with a pro-rata refund of any prepaid fees you have paid for the remaining period of your Plan.

Limits of Liability

If we are liable to you for direct losses arising from any breach of the Terms or for our negligence, our obligation to pay any damages or losses is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to any loss or damage caused by our fraud, wilful breach or wilful damage. In addition, we are not liable for:
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i. loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
ii. loss of data;
iii. loss of profits or any consequential, indirect or special damage, suffered by you or any other person; or
iv. loss caused by something beyond our control, for example a failure by a Network Operator, an act of God, earthquake, terrorism, strike, shortage of suitable labour or materials or any other event beyond our control.
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These limitations are subject to and do not limit any rights and remedies you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
You accept liability to us for your breach of contract or negligence, but you will not be liable for any loss to the extent it is caused by us. Your liability under this clause is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage.
Subject to any liability which applies under the Consumer Guarantees Act 1993, any Network Operators and our dealers, agents, contractors and suppliers (and their officers, employees, contractors and agents) do not accept liability to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind as a result of your use of the Services. This clause creates a right that our Network Operators, agents and suppliers can enforce directly.
We may subcontract or delegate the performance of any of our rights or obligations under the Terms but this will not relieve us from liability for the performance of any such obligation. Our agents can enforce those rights or obligations expressed to be for their benefit in accordance with Part 2 of the Contract and Commercial Law Act 2017.

Complaints Handling Policy

Please visit https://www.mightymobile.co.nz/complaints-handling-policy

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Miscellaneous

We may transfer our rights and obligations under these Terms to any third party without notice although, if possible, we will give you notice in advance. You must obtain our written consent to transfer your rights and obligations under these Terms, which we will give where reasonable.
If any clause, or part of a clause, in the Terms is found to be unfair or unenforceable, that clause will be severed and the rest of the Terms will continue to apply.
If you or we fail to enforce our rights under the Terms, it will not be considered a waiver of such right nor will it prevent you or us from taking further action.
New Zealand law applies to the Terms and Mighty Mobile Services.
You agree that a New Zealand court or tribunal of competent jurisdiction will hear any claims. For information on how to lodge a complaint relating to Mighty Mobile or our services please see our Complaints Handling Policy.For information on how to lodge a complaint relating to Mighty Mobile or our services please see our Complaints Handling Policy.

Glossary

Words which start with a capital letter in these terms have the defined meaning set out below.

Services: Mighty Mobile’s consumer prepay mobile phone services provided to you by One and any other services that we or our agents may provide you.
Network: The communication systems we use to provide the Services.
Network Operator: Us and any third party with which we have entered into an arrangement which provides for the passing of communications between us and that third party or an arrangement to resell wholesale services.
Plan: The bundle of entitlements for the Services you select and which we provide to you.
SIM card: The subscriber identity module needed to operate your mobile phone and through which you are connected to our Network.