Zappie Wifi | Terms and Conditions

Zappie – Terms and Conditions (Hotspot Owners)

1. Preamble

The use of Zappie Services, software and Equipment are subject to these Terms and Conditions (together with the Privacy Policy and any other documents referred to herein), which constitutes the full Agreement between You and Us;
Please read these Terms and Conditions carefully before You download, install or use any Zappie software, or place any orders for Equipment;
By downloading, installing, using Zappie software, or placing orders for Equipment, You indicate that You have, effective upon the date on which You have downloaded, installed, used the software, or placed an order for Equipment and You have read, accepted and agree to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease downloading, installing, using the software, or placing any orders immediately.

2. Definitions

2.1 "Us", "We" or "Our" means Ezywifi Ltd T/A Zappie, its successors and assigns, or any person acting on behalf of, and with the authority of, Ezywifi Ltd T/A Zappie.
2.2 "You" or "Your" means the person/s, or entity, requesting Us to provide the Hotspot, which allows You to enable Users to gain wifi access to the internet; and if there is more than one person requesting the Hotspot, is a reference to each person jointly and severally.
2.3 "Hotspot" means a wireless internet access facility for use by the general public, which is provided by Us to You (through Our supply of the Equipment), at Your request, from time-to-time; where the context so permits the terms 'Equipment' or 'Hotspot' shall be interchangeable for the other.
2.4 "Services" means interactive access to the Internet provided by Us to You (for Your use), including any computer resources, software, data storage, computer communications facilities, Equipment, IP address and/or any other equipment supplied ancillary to the Services ("Equipment") in order to facilitate the provision of Services. Where the context so permits the terms 'Equipment', ‘Hotspot’ or 'Services' shall be interchangeable for the other. Any Equipment supplied to You by Us on a loan basis (for the duration of the Services):
1. remains Our sole property;
2. may be changed, substituted, revoked or repossessed by Us at Our sole discretion at any time; and
3. is not transferable.
2.5 "Software" shall mean the programs and other operating information (including documentation) used by a computer, tablet and/or mobile device. Applications developed for use by end users will be accessible through the Web site or cloud based applications while the business software and user data is stored on servers based at an alternative location for security and back-up purposes.
2.6 "Equipment" means the goods (including wireless hotspot router, wifi router and router gateway software – including firmware and Third Party software), that allows You to use the Hotspot.
2.7 "Third Party Licence" means the licence covering the use of any Third Party Software.
2.8 "Third Party Software" means the software included in the Goods and/or Services which is owned by a party other than Us including software licensed under the GNU General Public Licence created by the Free Software Foundation Inc and software licensed by Openwrt.org.
2.9 "Charges" means the price payable for the Hotspot, as agreed between the parties in accordance with clause 6 of this Agreement.
2.10 "Revenue" means the revenue which is payable to You by Us as a result of any User’s online purchase of access to the Hotspot through Our website.
2.11 "User" means an individual accessing and using the Hotspot to gain access to the internet.

3. Acceptance

3.1 You are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if You place an order for, or accept any Hotspot provided by Us.
3.2 We reserve the right to change, add, subtract or in any way alter these terms and conditions at any time without the notice to, or the prior consent of, You by posting changes on Our website (www.zappie.net). You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Hotspot after changes are posted constitutes Your acceptance of the amended terms and conditions.
3.3 These terms and conditions may only be amended with both parties consent in writing and shall prevail to the extent of any inconsistency with any other document or Agreement between the parties.
3.4 Electronic signatures shall be deemed to be accepted by either party, providing that both parties have complied with Section 22 of the Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3.5 The parties acknowledge that the User Terms and Conditions and Our Privacy Policy are to be read in conjunction with these Terms and Conditions herein and form part of this Agreement. If there are any inconsistencies between these documents then the terms and conditions contained therein shall prevail.
3.6 We process information about You in accordance with Our Privacy Policy, which is available on Our website (www.zappie.net). By using the Hotspot, You consent to such processing and You warrant all information provided by You is true and accurate.

4. Change in Control

4.1 You shall give Us not less than fourteen (14) days prior written notice of any proposed change of ownership and/or any other change in Your details (including but not limited to, changes in Your name, address, contact phone or fax number/s, or business practice). You shall be liable for any loss We incur as a result of Your failure to comply with this clause.

5. The Hotspot

5.1 We will use all reasonable commercial endeavours to provide You with the Hotspot in accordance with this Agreement.
5.2 You agree that:
1. all use of the Hotspot will be subject to Our current User Terms and Conditions; and
2. if You, or Your staff, access the Hotspot any such use will also be governed by the User Terms and Conditions; and
3. Your use of the Hotspot is in accordance with any reasonable requirements specified by Us in writing, including requirements specified on Our website; and
4. You shall comply with any obligations imposed on You by law, including obligations under the Privacy Act 1993 and the Copyright Act 1994 (including any amendment or replacement legislation), including any notices, orders or obligations under Part 6 of the Copyright Act 1994; and
5. the Hotspot may not be suitable for supporting any application which requires connectivity that is at a guaranteed speed, uninterrupted, fault-free or secure; and
6. We will have no obligation to resolve any faults in the Hotspot within a particular timeframe; and
7. Users are responsible for the security, privacy and backup of information transmitted using the Hotspot.
5.3 You acknowledge that We do not, and cannot, in any way supervise, edit or control the content and form of any information or data accessed through the Hotspot, and We shall not be held responsible in any way for any content or information accessed via the Hotspot.
5.4 We disclaim all or any liability for any material viewed in connection with the Hotspot that Your or any User finds offensive, upsetting, defamatory or in any way unsuitable for people under the age of eighteen (18) years.
5.5 You must also not knowingly permit or encourage Users to breach any policies contained herein or the User Terms and Conditions, and You may disconnect the Hotspot at any time at Your reasonable discretion to ensure Users remain compliant if You consider that any User is using the Hotspot in breach of the User Terms and Conditions.
5.6 You agree to place, where practicable, a brochure stand (if provided by Us) containing brochures with information about the Hotspot (including User Terms and Conditions). If it is not practicable to place such a stand in a public area, You agree to provide such information to customers that enquire about the Hotspot.
5.7 You agree that You will not interfere with the normal operation of the Hotspot, or any Equipment used for access to the Hotspot, or make either unsafe.
5.8 You must not re-sell, or attempt to re-sell, the Hotspot, unless You have explicit written permission from Us to do so.
5.9 You acknowledge that We make take all reasonable necessary steps to ensure the efficient operation of the Hotspot.
5.10 If applicable, You warrant that either You are the registered lessee of the telephone line, or You have obtained the express consent of the lessee of the telephone line, for You to obtain the Hotspot using the telephone line.
5.11 You are responsible for all third party charges (e.g. traditional landline telephone services purchased from a third party telecommunications company, including data charges and disconnection fees).
5.12 You agree to report the details of a suspected fault to Us as soon as possible after You become aware of the suspected fault. When reporting a suspected fault to Us, You must provide the following information to Us:
1. Hotspot details which identify the affected Hotspot to such particularly as requested by Us; and
2. contact details, including Your name, contact person and details of the fault.
5.13 We reserve the right to immediately, and without notice (and without prejudice to Our rights of termination under clause 14.1(d) suspend access to the Hotspot in Our discretion if We:
1. reasonably consider that You have breached this Agreement; or
2. reasonably consider that You or a User accessing the Hotspot is deliberately causing damage to the network or otherwise impacting the network in a detrimental nature.

6. Charges and Payment

6.1 At Our sole discretion, Charges shall be either:
1. as indicated on any invoice provided by Us to You; or
2. as at the date of provision of the Hotspot according to Our current rates as specified on Our website at www.zappie.net; or
3. as agreed in writing between the parties.
6.2 Time for payment for the Hotspot being of the essence, the Charges will be payable by You on the date/s determined by Us, which may be:
1. prior to provision of the Hotspot; or
2. the date agreed to in writing between the parties as being the date for payment; or
3. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to You by Us.
6.3 Payment may be made by credit card, or by any other method as agreed to between the parties.
6.4 Unless otherwise stated otherwise the Charges include:
1. shipping within New Zealand; and
2. GST; however, You must pay any other taxes and duties that may be applicable in addition to the Charges, except where they are expressly included in the Charges.
6.5 We will, at Your request, refund to You the Charges for any Equipment You have purchased from Us, provided always that the Equipment is returned and received by Us in full operating order, and undamaged, with its original packaging, within sixty (60) days of the date of purchase thereof. Refunds will not be given under this clause if any Equipment is returned more than sixty (60) days after the date of purchase from Us.
6.6 Our receipt of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
6.7 You shall not be entitled to set off against, or deduct from the Charges, any sums owed, or claimed to be owed, to You by Us, nor to withhold payment of any Charges because part of the Charges are in dispute.

7. Revenue and Payment

7.1 We will pay to You Revenue which has been earned by the Hotspot:
1. if the balance of the Revenue is twenty dollars ($20.00) or more; and
2. on the date that is the first (1st) day of the month. If that date is not a business day, the payment will be made the next business day following that date.

8. Provision of the Services

8.1 Any time specified by Us for Delivery is an estimate only and We will not be liable for any loss or damage You incur as a result of Delivery being late. However both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that We are unable to supply the Services as agreed solely due to any action or inaction of You then We shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.

9. Risk

9.1 Irrespective of whether We retain ownership of any Equipment, all risk for the Equipment shall pass to You as soon as the Equipment is delivered, and You must insure all Equipment on, or before, Delivery.

10. Title

10.1 The Equipment is, and will at all times remain, Our absolute property.
10.2 Both parties agree that ownership of the Equipment shall not pass until:
1. You have paid Us all amounts owing for the particular Equipment; and
2. You have met all other obligations due by the You to Us in respect of all Agreements between Us and You.
10.3 If You fail to return the Equipment to Us, then We (or Our agent) may enter upon and into land and premises owned, occupied or used by You, or any premises where the Equipment is situated as the invitee of Yours and take possession of the Equipment, without being responsible for any damage thereby caused.
10.4 You are not authorised to pledge Our credit for repairs to the Equipment, or to create a lien over the Equipment in respect of any repairs.

11. Error and Omissions

11.1 You shall inspect the Services on delivery and shall within seven (7) days of delivery notify Us of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. You shall afford Us an opportunity to inspect the Services within a reasonable time following delivery if You believe the Services are defective in any way. If You should fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
11.2 For defective Services, which We have agreed in writing that You are entitled to reject, Our liability in relation to any order for any Hotspot will be limited to the lesser of the purchase price of the Hotspot complained of, the cost of replacing the defective Hotspot or re-providing the defective Hotspot and the actual loss or damage You have suffered provided that You has complied with the provisions of clause 11.1.

12 Limited Warranty

12.1 We will use reasonable endeavours to ensure that Our website is available each day for twenty-four (24) hours, other than for periods of maintenance. We will not be liable for any failure of Our website to be available, or for any failure of the Hotspot to be available for any reason, including, without limitation, any loss of internet service or server failure.
12.2 Subject to the conditions of warranty set out in clause 12.3 We warrant that if any defect in any workmanship of Ours becomes apparent and is reported to Us within three (3) years of the date of delivery (time being of the essence) then We will either (at Our sole discretion) replace or remedy the workmanship.
12.3 The conditions applicable to the warranty given by clause 12.2 are:
1. the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
2. the warranty shall cease and We shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Our consent.
3. in respect of all claims We shall not be liable to compensate You for any delay in either replacing or remedying the workmanship or in properly assessing Your claim.
12.4 For Equipment not manufactured by Us, the warranty shall be the current warranty provided by the manufacturer of the Equipment. We shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Equipment.
12.5 Except as required by law, or as stated in these terms and conditions, all guarantees, representations and warranties, whether implied by law, trade custom or otherwise, and whether relating to fitness, merchantability, suitability of purpose, quality or otherwise are expressly excluded.

13 Proprietary Rights and Licence

13.1 All trademarks, copyright, database rights and other intellectual property rights of any nature for the purpose of providing the Hotspot, together with the underlying software code are owned directly by Us, this includes the “Zappie” name and logos and all related names, trademarks, service marks, design marks and slogans. We hereby grant You a worldwide, non-exclusive, non-transferable, royalty-free revocable licence to use the Hotspot on a mobile phone or handheld device that You own or control, or through Our web portal, in accordance with these Terms and Conditions.
13.2 We grant You a non-exclusive, non-assignable licence to use the Hotspot for the duration of the Agreement. You may use the Hotspot in accordance with the terms of the third party licence.

14 Default and Consequences of Default

14.1 Further to any other rights or remedies We may have under this Agreement:
1. if any payment for the Charges is subsequently cancelled or reversed, You shall be liable for the amount of the reversed or cancelled transaction, in addition to any further costs We incur under this clause 14, where it can be proven that such cancellation or reversal is found to be illegal, fraudulent or in contravention to Your obligations under this Agreement; and
2. interest on overdue Charges shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment; and
3. if You owe Us any Charges, You shall indemnify Us from and against all costs and disbursements incurred by Us in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Our collection agency costs, and bank dishonour fees); and
4. if at any time You are in breach of any obligation (including those relating to payment) under these terms and conditions, We may suspend or terminate the provision of the Hotspot to You. We will not be liable to You for any loss or damage You may suffer because We has exercised Our rights under this clause; and
5. We shall be entitled to cancel all, or any part, of any of Your order which remains unfulfilled, and all amounts owing to Us shall, whether or not due for payment, become immediately payable if:

15 Limitation of Liability

15.1 We do not guarantee the availability, suitability, fitness for purpose or use of Hotspot (or fitness for purpose of the Equipment), and will not be liable for any loss or damage arising from any error or failure of the Hotspot. Without limiting the effect of these limitations, We:

make no guarantee about the profitability or availability of the Hotspot, or availability or access to the internet; or
make no guarantee that the Hotspot, or access to the internet, will be free from errors, uninterrupted, secure or free from viruses, or available with adequate capacity; or
will have no responsibility for any damage to any information, computer, other equipment or property; or
have no responsibility for any content or other information that may be accessed using the Hotspot or accessing the internet.

15.2 We shall be under no liability whatsoever to You, or any third party, whether in tort (including negligence), contract or otherwise, for any loss or damage, whether direct, indirect, special and/or consequential (including loss of profit) suffered by You, or any third party, arising out Our breach of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Charges).
15.3 You will indemnify Us, and hold Us harmless, from and against any loss, claim, liability or expense We suffer or incur which arises from any failure by You to comply with these terms and conditions, or any failure by You or any User to comply with any law including the Copyright Act 1994 (including any notices or orders issued under that Act).

16 Termination

16.1 Either party may terminate the Agreement on giving written notice to the other. Following termination:

We will pay any amounts due to You, less any administration charge; and
You will pay any amounts due to Us.

16.2 Notwithstanding clause 16.1, upon termination We will allow You access to the Hotspot for up to twenty-eight (28) days to retrieve any relevant data. After that time all Your data will be removed, and:

the rights and licences granted to You herein shall terminate; and
You must cease all use of the Hotspot.

17 Privacy Policy

17.1 We recommend You review Our Privacy Policy on Our Website, if We update or make changes to Our Privacy Policy, We will post such changes to Our Privacy Policy, on Our website, and any other places We deem appropriate so that You are aware of what information We collect, how We use it, and under what circumstances, if any, We disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it on a regular basis. If We make material changes to this policy, We will notify You here, by Email, or by means of a notice on Our website.
17.2 We will destroy personal information upon Your request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Agreement or is required to be maintained and/or stored in accordance with the law.
17.3 You can make a privacy complaint by contacting Us via e-mail. We will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that You are not satisfied with the resolution provided, You can make a complaint to the Privacy Commissioner at www.privacy.org.nz.
17.4 You shall have the right to request Us for a copy of the information about You retained by Us and the right to request Us to correct any incorrect information about You held by Us.

18 Notices

18.1 Written notices pursuant to this Agreement may be sent via email, prepaid ordinary post or facsimile.
18.2 Any written notices required under this Agreement must be marked to the attention of the nominated contact person of the other party, and be sent by email, prepaid ordinary post or by facsimile and will not be deemed given:

in the case of email, upon being received in the inbox of the recipient, provided no error message is received by the sender; or
in the case of posting, three (3) days after the date of dispatch; or
in the case of facsimile, upon receipt of transmission confirmation if received on a business day, or otherwise at the commencement of the first business day following transmission.

19 General

19.1 Failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 Except as expressly stated in these Terms and Conditions, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
19.3 These Terms and Conditions may only be modified by a written amendment signed by an authorised executive of Us, or by the posting of a revised version by Us. These changes shall be deemed to take effect from the date on which You accepts such changes, or otherwise at such time as You make a further request for Us to provide Services to You. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Hotspot will be governed by the laws of New Zealand, excluding its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of New Zealand. All dealings, correspondence and contacts between Us shall be made or conducted in the English language.
19.4 If You are acquiring access to the Hotspot for the purposes of a trade or business, You acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the Agreement between You and Us.
19.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
19.6 Both warrant that they have the power to enter into this Agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Agreement creates binding and valid legal obligations on them.

Zappie – Terms and Conditions of Use (Hotspot Users)

1. Preamble

The use of Zappie Hotspots are subject to these Terms and Conditions (together with the Privacy Policy and any other documents referred to herein), which constitutes the full Agreement between You and Us;
Please read these Terms and Conditions carefully before You access a Zappie Hotspot;
By accessing and using a Zappie Hotspot, You indicate that You have, effective upon the date on which You have accessed and used the Zappie Hotspot, You have read, accepted and agree to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease accessing and using any Zappie Hotspot immediately.

2. Definitions

2.1 For the purposes of these terms and conditions:
1. "We", "Us" or "Our" means Ezywifi Ltd T/A Zappie, its successors and assigns, or any person acting on behalf of, and with the authority of, Ezywifi Ltd T/A Zappie.
2. "You" or "Your" means the owner and authorised user of the computer or mobile device used to access the Hotspot; and
3. "Hotspot" means a wireless internet access facility for use by the general public at certain sites; and
4. "Provider" means a person or entity who operates a Hotspot supplied by Us, which supplies internet access via the Hotspot; and
5. "Zappie Router" means a wifi router supplied by Us;
6. "Zappie Website" means the website operated by Us;
7. "Services" means the services supplied by Us to persons who access the internet using a Zappie Router including;
  1. the ability to purchase a prepaid passcode using a credit card;
  2. the ability to sign up for a prepaid Zappie account;
  3. the ability to add credit to a prepaid Zappie account using a credit card;
8. "User" means a person who uses the Services.

3. Services

3.1 A wireless internet service provided by Us through Providers for use by authorised individuals by the use of a password.
3.2 All users are required to log-in individually as separate users. We reserve the right to change any of the Terms and Conditions displayed on this website (including our Privacy Policy) at any time by notifying the User through this website that We have done so. By continuing to use this website it shall be deemed that the User agrees to be bound by the amended terms and conditions as notified and posted on the website. The User should therefore review the Terms each time the User logs in.

4. Acceptance

4.1 The use of this website is subject to the Terms of Use as detailed below in conjunction with our standard Terms and Conditions for the supply of Goods and Services which together constitute the full Agreement between the User and ourselves. By using this website the User acknowledges that the User has read, accepted and agree to be bound by both of these sets of Terms and Conditions.
4.2 If the User intends to transact through this website (i.e purchase Goods and/or Services) then the User warrants that they are at least 18 years of age, and that the User has the power to enter into this Agreement and the User acknowledges that this Agreement creates binding and valid legal obligations upon the User.

5. Privacy

5.1 We are committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used.
5.2 We will only collect, use and store the User’s personal information for the purposes of delivering the Hotpot in accordance with applicable legislation and these Terms & Conditions.
5.3 We will collect and store the IP and MAC address of the wireless enabled device that has accessed the Hotspot, once agreement by the user of the Terms & Conditions have been reached.
5.4 We are not in any way responsible for how any third party (including but not limited to any website that the User accesses and/or uses through the Hotspot) collects and/or uses the User’s personal information. The User is solely responsible for checking the terms of use and privacy policy of each website the User visits on a case by case basis and determining whether the User accepts such terms of use and/or privacy policies.

6. Security

6.1 The internet is an inherently insecure communication medium. Whilst We will use reasonable endeavours to provide secure access through the Hotspot, We cannot guarantee the security of the Hotspot at all times, and:
1. the User is solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Hotspot and the User is responsible for keeping all usernames, passwords and other security-based information secure and private at all times. Without limiting any other provisions of these terms and conditions, We shall not, in any way, be liable to the User for any kind of loss or damage incurred as a result of the User’s use of the Hotspot, including but not limited to, any viruses the User may become subject to during the User’s use of the Hotspot; and
2. We highly recommend the User to install a personal firewall on the User’s wireless enabled device to block unwanted traffic or downloads to the User’s device.

7. Cookies

7.1 Our website uses a technology called cookies (a small element of data that Our website may send to the User’s computer) that may be used to provide the User’s with specific information for the purpose of Us tracking site usage and traffic. These cookies do not read the User’s hard drive but may be stored on the User’s hard drive to enable our website to recognise the User when the User returns to the same.

8. Mailing Lists

8.1 If at any time the User is on a mailing list of Ours then the User may request to be removed from the same and We will comply with the User’s request. If there is no unsubscribe button provided then please contact Us with the User's request using the "Contact Us" section of this website.

9. Logging In/Out of the Hotspot

9.1 To be eligible to use the Hotspot, the User simply needs to access this Hotspot with the User's wireless enabled device and agree to accept these Terms & Conditions.
9.2 To log out (quit) using the Hotspot, the User simply needs to close the User’s Internet Browser.

10. User Obligations and Limitations

10.1 The Hotspot is intended to be used in a fair and "community-minded" manner. To this end, the Provider may, in its absolute and sole discretion, limit or block certain websites and/or content that the User may seek to access whilst using the Hotspot.
10.2 The User is responsible for providing the User's own computer or mobile device (wireless enabled device) that is capable of accessing the Hotspot with its own power source. Neither We, nor the Provider, provide power, information, technology, advice or assistance to any user of the Hotspot.
10.3 It is the User’s responsibility to ensure that the User’s wireless enabled device has the necessary software to gain access to the internet and that it is set up correctly. We, or any Provider, are not responsible for, and cannot guarantee that the User will be able to use the Hotspot with the User’s wireless enabled device.
10.4 The User may either purchase a voucher from the Provider. Alternatively, the User may purchase a plan online. The User will be presented with the range of plans when they click the Credit Card sign-up button.
10.5 The speed and throughput of the Hotspot will vary depending on a number of factors, including but not limited to:
1. the capabilities of the User’s wireless enabled device;
2. the physical location of the wireless access point in relation to the location of the User’s wireless enabled device whilst accessing the Hotspot;
3. Hotspot user traffic during time of access;
4. general internet congestion;
5. wireless signal interference.

11. Access

11.1 The User may use the Services (which includes the ability to purchase a prepaid passcode using a credit card, or the ability to sign-up for a prepaid account Us, or the ability to add credit to a prepaid account with Us using a credit card) and access the internet via Our router, in accordance with these terms and conditions, and any terms and conditions required by the Provider. If there is a conflict between these terms and conditions, and any terms and conditions of a Provider or a User, then these terms and conditions will take priority.
11.2 If the User wishes to access the internet via the Services, the User needs to:
1. purchase or acquire a wifi access voucher from the Provider; or
2. purchase a wifi access passcode via Zappie’s website; or
3. signup with Zappie for a prepaid account via Zappie’s website and add credit to that account; or
4. obtain a post pay account directly from the Provider.
11.3 Wifi access obtained via:
1. Zappie’s website will be available for a time duration or number of bytes as specified on the website. Refunds will not be given for any time or bytes purchased, including top-ups, which are not used; or
2. a Provider will be provided for a time duration or number of bytes specified by the Provider, and will be in accordance with the Provider's terms of use (if any).

12. Limitation of Liability

12.1 We make no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and specifically disclaims any liability or responsibility for any Hotspot faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions), any damage to, or viruses that may infect your computer or mobile device or other property on account of Your access to the Hotspot.

13. Limited Warranty

13.1 We will use reasonable endeavours to ensure that Our website is available each day for twenty-four (24) hours, other than for periods of maintenance and/or attend to any Hotspot faults, malfunctions or other problems associated with the Hotspot access but will not be liable if such faults, malfunctions or problems occur with the Hotspot, and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Hotspot within any specified timeframe, unless otherwise agreed by both parties. Furthermore, We will not be liable for any failure of Our website to be available, or for any failure of the Hotspot to be available for any reason, including, without limitation, any loss of internet service or server failure.
13.2 We do not guarantee that access to the Hotspot will be continuous, fault-free, secure or accessible at all times.

14. Copyright and Trademarks

14.1 The contents of this website are at all times the copyright or trademark property of either ourselves, Our suppliers or linked third parties and the User may not distribute, reproduce, display, publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore, the User agrees to indemnify Us against any claims, costs, damages or losses incurred by Us should the User fail to comply with clause.

15. Advertisers and Linked Sites

15.1 The display on Our website of any advertiser or the provision of a link to third party websites does not constitute Our endorsement of either the advertiser or third party provider or any of their website content or business practices. As We do not have any control of the content of any third party websites, access to such websites is at Your sole risk and we recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party website immediately You access such a site.
15.2 We shall accept no liability in regards to any dealings, promotions or activities between the User and advertisers or third party providers.

16. Termination of Use

16.1 These terms and the User's access to Our website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give the User a reason why. In the event of termination under this clause We shall have no liability to the User whatsoever (including for any consequential or direct loss the User may suffer).

17. Jurisdiction

17.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2 This website (excluding any linked third party sites) is controlled by Us from Our principal business premises in New Zealand. It can be accessed from countries around the world to the extent permitted by the website. As each country has laws that may differ from New Zealand, by accessing this site, the User agrees that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or the User’s use of this website, irrespective of any conflict with any laws and statutes applicable to the User’s country of domicile.
17.3 The User further acknowledges and agrees that the filing of a claim against Us (if any) must be made in New Zealand and shall be subject to the jurisdiction of the courts of New Zealand and that any legal proceedings will be conducted in English.
17.4 We make no representation that Goods or Services offered through this website are appropriate, available or suitable for use in countries outside of New Zealand, and accessing any material or content from, or through, this website which is illegal in the User’s country of domicile is strictly prohibited.