Terms and Conditions of Use

This is an agreement between Lightwire Limited, 1 London Street, Hamilton, New Zealand who operate the Lightwire Service (“We”, “our”, “us”) and the subscriber (“You”).

By using the Lightwire Service, you agree to all of the following:

Services and Payment

We will use our best efforts to provide you with a consistently reliable and good quality service. We may change the way that we provide the service from time to time at our discretion.

You will be charged in advance for use of our services, using our standard price list. We may change the price list from time to time, but will notify you of any changes before they happen. All amounts are in New Zealand dollars, and include GST. We will not provide you with any refund based on time or data purchased but not used.

We may suspend or restrict a service in an emergency, or whenever we or another carrier, or any other appropriate person considers that step to be necessary or reasonable to protect people, systems, or other property.

You will ensure that any information you give us is correct and complete, and that you will comply with any legal requirements concerning the use of the Lightwire Service.

You will not share your account with other users.

You agree to use the network in a reasonable and responsible manner, and within the terms of our acceptable use policy. A copy of this policy will also be placed on our web site, and may be changed from time to time. We may suspend or terminate your access to the Lightwire Service if you breach this policy, or view or download objectionable content in contravention to applicable laws.

Either we or you may terminate this agreement by providing one month’s notice.

Liability and Claims

You will indemnify us against all liabilities, costs (including legal costs), losses, claims or demands incurred by us in relation to this agreement or the services we provide you. You will also indemnify us against all liabilities you may cause due to viruses, spam, junk emails and hacking or disruptive activities.

We do not make any representation, or give any assurance, condition, or warranty of any kind in relation to the goods or services that we provide you. We will not be liable to you for any loss of profit, bargain or opportunity, or any exemplary damages or losses that you may suffer arising or flowing from any breach of contract, misrepresentation, or other dispute arising from these terms, whether actionable in contract, tort (including negligence), equity, or otherwise. This also includes our directors, employees, agents, representatives, contractors, network owners and providers.

If, despite these provisions, we or any other carrier is liable to you for any breach of this agreement or breach of any other obligation we owe you, our liability shall be limited to supply of the services again OR payment of the cost of having the services supplied again. Our maximum liability to you will be limited to the lesser of the price you paid us for the services giving rise to the claim, or the amount you have paid us during the previous 12 month period.

Privacy and Personal Information

You agree that we may collect information about you in order to perform our obligations to you. We may obtain the information about you from you or others. If you do not provide information then we may not be able to provide you with our services.

We will treat all personal information in a manner that meets the requirements of the Privacy Act 1993. All the information will be held at our offices at the Waikato Innovation Park, Ruakura Road, Hamilton. You may obtain access to, and correct, any information we hold under the Privacy Act 1993.

We may use the information we hold about you and may exchange information with our contractors, agents, representatives, other carriers, and with credit reporting or debt collection agencies for the purposes of our business.

You agree that we may communicate with you at a nominated email address with regard to the Lightwire Service and related services that we or our affiliates provide. You may request that email communications be directed to a different address, and we will update our records in a timely manner.

Acceptable Use Policy

Following are examples (but not an exhaustive list) of the kind of conduct that we consider unreasonable and which is likely to result in termination of your Internet services.

You agree not to use the Internet services or attempt to use or allow the Internet services to be used:

  • in any way that is unlawful
  • in any way that is offensive or interferes with another customer’s enjoyment of our services
  • in any way that harasses, menaces or stalks people
  • in any way which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality
  • to send, display, access, make available, publish, distribute or be otherwise involved in material which is unlawful, abusive, obscene, defamatory or is, or would be regarded by us, acting reasonably, as, in all the circumstances, offensive
  • to gain or attempt to gain unauthorised access to any computer systems or in a manner which infringes our rights or the rights of any other person
  • in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is ours or anyone else's)
  • to access or use our or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data
  • to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you
  • in a manner which enables a minor to access material inappropriate for a minor
  • to send unsolicited electronic mail to any person for the purposes of advertising or promoting any organisation (spamming). Spamming is using the Internet's ability for one person to communicate with many people in a manner that is likely to annoy those internet users. An important component of this is actions that cost other users in misappropriation of their Internet time or their computer resources. Examples include: the sending of unsolicited email, sending of mass commercial e-mail, posting chain letters or pyramid scheme letters, or email harassment of other Internet users.

About this Agreement

On termination of this agreement, we will cease providing services and all amounts which you owe us will immediately become due and payable. Termination does not release you from any outstanding obligations or responsibilities to us.

We may assign or transfer our rights and responsibilities under this agreement to another party. We will give you written notice in advance if we intend to do this. We may subcontract the performance of any of our obligations and responsibilities to a third party. You may not assign or transfer your rights or responsibilities under this agreement to anyone without our prior written consent.

If any provision or part of this agreement is held to be invalid, unenforceable or illegal for any reason, this agreement will be deemed to be amended by the addition or deletion of wording as appropriate to remove the invalid, unenforceable or illegal provision or part, but otherwise to retain the provision and remainder of this agreement to the maximum extent permissible under law.

This agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand courts in respect of all matters relating to this agreement.