‍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

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

1. 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.
   
2. Network: The communication systems we use to provide the Services.
   
3. 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.
   
4. Plan: The bundle of entitlements for the Services you select and which we provide to you.
   
5. SIM card: The subscriber identity module needed to operate your mobile phone and through which you are connected to our Network.