1. Our agreement
3. Commencement of agreement
4. Provision of Services
5. Mobile phone numbers
6. Wireless data and content
7. Mobile phone and SIM
8. Charges and your account
9. Withholding, suspending or restricting services
10. Giving up or ending services
11. Compensation and Liability
12. Force Majeure
13. Information about you
14. Changing these terms
15. Sending notices
16. Meeting our responsibilities through agents and service providers
17. Transferring our responsibilities
18. More than one customer
21. Governing Law
1. Our agreement 1. If you have a Skinny Prepaid connection that operates on our Network then you will need to read the terms and conditions set out below (the Skinny Prepaid Agreement or agreement) which govern our contractual relationship with you for the provision of Skinny Prepaid Services on our Network.
2. This agreement applies from 1 December 2011.
3. We may amend this agreement from time to time. The latest version of the agreement is published on the Skinny Website. Please check the Skinny Website regularly for updates.
4. You will also be bound by the specific terms and conditions published on the Skinny Website relating to your Prepaid Plan and any specific terms and conditions relating to the Services you use, like mobile data services. If there is any conflict or inconsistency between:
(a) the terms and conditions set out in this agreement; and
(b) the terms and conditions relating to your Prepaid Plan or the specific terms and conditions relating to the Services you use,
then the terms and conditions relating to your Prepaid Plan or the specific terms and conditions relating to the Services you use will prevail over the terms and conditions of this agreement.
2. Interpretation This agreement contains various words and expressions that have defined meanings. These defined words and expressions have the meanings set out below:
"Additional Services" means optional services offered by us in connection with the Skinny Prepaid Services (such as data, SMS, Roaming, and Video Calling) which may incur a fixed recurring Charge and/or other standard or casual Charges. You can find more information about these services, including which ones are available to you and the Charges for using them, on the Skinny Website
"Charges" means charges for access to and use of the Services
"Content" means information, images and sounds, communications, software, application or any other material made available through the Services and includes wireless data and internet content
"Fair Use Policy" means a fair use policy as referred to in clause 4.8, as amended from time to time
"LMNP Terms" means the Terms for Local and Mobile Number Portability in New Zealand, as amended from time to time
"Mobile Phone" means the mobile phone or other telecommunications device (which incorporates a SIM) which operates on our Network and is used by you to access the Services
"Mobile Service Provider" means a provider of mobile telecommunication services
"MMS” means the multimedia messaging service, which allows you to send messages that include multimedia content such as images, audio and video.
"Network" means the telecommunications system owned by us and/or any of any Related Company which we use to provide the Services to you and other customers, including our WCDMA network
"PIN" means a personal identification number which is necessary for protection from non-sanctioned access to your SIM
"Port" or "Porting" means the process of transferring your mobile phone number from one Mobile Service Provider to another Mobile Service Provider
"Prepaid Plan" means the relevant Skinny Prepaid Service pricing plan you choose from time to time
"PUK1 Code" means a personal unblocking key code which can unblock your SIM
"Roaming" means an Additional Service that allows you to use your Mobile Phone in countries other than New Zealand
"Services" means the mobile telecommunication services offered by us to you under this agreement, including the Additional Services, and anything else we do or provide in connection with those mobile telecommunication services, which may or may not incur a Charge
"SIM" means any subscriber identity module (SIM) that we may have provided to you which enables you, when used with a Mobile Phone, to access the Services on our Network
"SMS" means a short message service, which is a form of text messaging on Mobile Phones
"Related Company" means Telecom Corporation of New Zealand Limited or any company which is a direct or indirect subsidiary of Telecom Corporation of New Zealand Limited, or who would otherwise be deemed to be a related company of Telecom Corporation of New Zealand Limited in accordance with section 2 of the Companies Act 1993;
"Skinny Customer Services" means Skinny Customer Services, which is contactable on 0800 475 4669 (0800 4SKINNY), or on 204 from your Skinny Mobile Phone, or by using such other contact details which are updated by us on the Skinny Website
Skinny Dollars means the loyalty points, if any, that you can earn and accumulate by purchasing certain pre-approved Skinny Prepaid Services, provided you have successfully registered your SIM on the Skinny Website
Skinny Mobile Menu means the menu that is accessed by dialling *888# on your Skinny Mobile Phone
"Skinny Prepaid Account" means the account which records details of the amount of credits you have available from time to time
"Skinny Prepaid Services" means voice, SMS, data and any other Services provided by us where you pay the Charges in advance by purchasing credit before using the Services
"Skinny Website" means our website at www.Skinny.co.nz or such other website that we notify you of from time to time
"we", "our" or "us" means Skinny, a division of Telecom New Zealand Limited, trading under the brand Skinny
"you" or "your" means the customer who is party to this agreement
3. Commencement of agreement This agreement starts when you are first allocated a Skinny mobile phone number to use with your Skinny Prepaid Account or when you first credit your Skinny Prepaid Account or when you first use the Services, whichever happens first.
4. Provision of Services 1. Skinny Prepaid Services allow you to make and receive most local, national and international calls (when within our Network coverage area) using a Mobile Phone, and access a range of other Services. You will need a Skinny SIM and a compatible Mobile Phone to be able to connect to our Network and use the Services
2. We will try our best to provide quality Services to you at all times. But, because of the nature of mobile telecommunications, at times our ability to do so will be affected by factors outside of our control including, but not limited to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use our Network at the same time or faults in our Network or other networks used by us to provide the Services to you. We cannot guarantee continuous or fault-free Services
3. The quality, speed and coverage of the Services also depends partly on your Mobile Phone, partly on our Network and partly on other telecommunications networks
4. The Services may also be unavailable at times due to maintenance, repairs, upgrades or modifications to our Network or other networks used by us to provide the Services to you. Where it is within our control, we will try to keep such unavailability to a minimum
5. You will be charged for each MMS message that is sent from your Mobile Phone (e.g. the ‘send’ button is pressed and the mobile indicates the MMS is sent). MMS messages will be charged at Skinny’s standard MMS rate per message to NZ mobile networks. Our MMS service is not available or suitable for use while roaming or for sending to international networks from your Skinny Mobile Phone within NZ. The maximum file size of a MMS message is 600KB. If you attempt to send a MMS message over 600KB and/or if the message takes longer than 60 seconds to send, the message may be rejected (not delivered). Mobile Phones and/or our MMS system may automatically reduce the size and/or quality of a MMS message to fit within the maximum message size. It is your responsibility to check the size of a MMS message before you attempt to send it. MMS messages may be scaled by our MMS system to suit the receiving device’s specifications, such as screen size and screen resolution. We cannot guarantee that any SMS and MMS messages you attempt to send will be successfully delivered or received.
6. Roaming relies on the use of overseas telecommunication networks which we do not control and therefore we cannot guarantee the quality of any Roaming services. Some Services, such as video calling and data, may not be available while Roaming. The use by you of overseas telecommunication networks will be subject to our available roaming destinations and the terms and conditions of the relevant network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement
7. You agree to:
- comply with all your obligations in this agreement;
- provide us with all information we reasonably request in connection with this agreement and make sure that all information you give to us or to any third party retailer is accurate and complete;
- keep confidential, and do not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Services;
o not use your Mobile Phone or the Services in a way that is abusive or offensive or for an illegal, immoral or fraudulent purpose;
- not use your Mobile Phone or the Services in a way that interferes with any other person's use or enjoyment of the Services;
- not use your Mobile Phone or the Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;
- use only Mobile Phones and accessories approved for use with our Network and which comply with all relevant legislation and regulations;
- not connect a SIM you have obtained from us to any other telecommunications network, other than as is permitted by the Services we provide for example when you use our roaming services;
- follow the instructions and guidelines (including any Fair Use Policies) we give you about the use of the Services and your Mobile Phone;
- not do anything or introduce anything (including any virus) that may damage or harm our Network or equipment or any third party's network or equipment
- authorise us to conduct a credit check on you from time to time when we consider it appropriate;
- not sell or otherwise make the Services available to others or commercially exploit the Services or any Content in any way;
- never interfere with any part of our Network unless you have been authorised in writing by us to do so;
- authorise us or a person approved by us to remotely access your Mobile Phone in order to perform any tasks that in our opinion are reasonably necessary to maintain, alter or protect the integrity or performance of our Network or our Services or where we have been directed to do so by law;
- pay for the repair or replacement of any Mobile Phone or other equipment you rent from us, or which is loaned to you, which is lost, stolen or damaged;
- return any Mobile Phone or other equipment you rent from us, or which is loaned to you, when you give up or we stop providing the Services relating to that Mobile Phone or other equipment. If you don't return the Mobile Phone or other equipment we will continue to charge you rental for it, or may recover from you the replacement cost of the Mobile Phone, and may also come onto your property and remove our Mobile Phone or other equipment; and
- indemnify us and any Related Company against any legal action taken, or losses or costs we or any Related Company incur, in connection with your use of your Mobile Phone and the Services. The indemnity in this clause shall extend to our officers, employees, contractors and agents and those of any other Related Company
9. Our Services are subject to our Fair Use Policy, whether or not they provide you with a prescribed allowance to use our Services. We may apply our Fair Use Policy where in our reasonable opinion your usage of our Services is excessive and/or unreasonable as detailed in this clause 4.8. We have developed our Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services. We will monitor usage patterns. If your usage of our Services (a) materially exceeds estimated use patterns over any week or month, (b) is inconsistent with either normal usage patterns and/or the types of uses and purposes for which we communicate that the Services are to be used for, and/or (c) includes activities such as auto-dialling, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (CTUs), then your usage will be excessive and/or unreasonable and we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of the Services and/or withdraw your access to the Services. We may publish on the Skinny Website additional terms, requirements and/or policies relating to fair use that apply to some or all of the Services which will provide further rules and details around how such Services can be used. We will do this to help us prevent spamming, bullying or fraud and to ensure that excessive use of such Services does not prevent our customers from enjoying such Services (for example, by affecting our Network or a specific cell tower).
10. You agree that using the Services does not give you any rights in any part of our Network.
5. Mobile phone numbers 1. Unless you Port a mobile phone number to us, we will allocate a mobile phone number to you for use with your Mobile Phone or SIM on our Network. The mobile phone number does not belong to you and you may not sell or otherwise transfer it. Any disputes regarding the allocation of mobile phone numbers will be determined by us in our absolute discretion and our decision will be final
2. In exceptional circumstances, we may be required to change the mobile phone number you use with your Mobile Phone or SIM. Where we are required to change your allocated mobile phone number we will try and give you notice of this change. We will not be liable for any costs which may be incurred by you or anyone else as a result of this change
3. If you wish to Port your allocated mobile phone number to another Mobile Service Provider:
- you will need to contact that other Mobile Service Provider;
- you will be responsible for taking all necessary steps to Port the mobile phone number, other than our obligations under the LMNP Terms; and
- you will be responsible for all costs associated with Porting the mobile phone number
5. If you change from your allocated Skinny Mobile number, Skinny may make the original number available for future allocation to another person.
6. Wireless data and content 1. If the Services provide links to third party sites and/or Content, we are in no way responsible for such links, sites or for the Content on any such sites. We have included these links for convenience only and this inclusion is in no way an endorsement of the applicable site or third party
2. If the Services allow you to access Content that originates from you or third parties, we may monitor any Content made available by you or any third party and remove any Content we consider to be inappropriate or in breach of any law or third party right
3. We are not responsible for:
- ensuring that any Content you access or make available through using the Services will be private or secure or free from viruses or other harmful things;
- any transactions you enter into, any dealings between you and any advertisers or third parties, or your participation in any promotions through use of the Services;
- any inaccuracies in any Content you obtain from the Services or any loss or damage arising from the use of, or reliance on, such Content;
- any corruption or loss of Content stored on, or transmitted over, our Network;
- any delay in your receipt of Content you select for transmission to your Mobile Phone; or
- fixing any faults in your Mobile Phone or SIM as a result of you accessing Content
7. Mobile phone and SIM 1. Any SIM we supply to you remains our property and must be returned to us if this agreement ends. It is your responsibility to keep any SIM we supply to you in a good condition
2. You must keep your Mobile Phone and the SIM secure at all times. We recommend that you use a PIN and other access code features provided with your Mobile Phone and SIM to ensure that only you are able to access and use the Services. You must keep all such PINs and access codes confidential at all times. We may assume that any request or instruction we receive is authorised by you if it is made from your Mobile Phone
3. If a PIN is entered incorrectly three times in a row, the SIM will automatically block and it will not be possible to use it unless it is unblocked. To unblock the SIM you will need a PUK1 Code, which you can obtain from your SIM packaging or via the My Account section on the Skinny Website, or by calling Skinny Customer Services who can talk you through it. If you continue to block your SIM by incorrectly entering the PUK1 Code the SIM will be rendered useless after 10 attempts and you will lose names, numbers and other information stored on it. You will then need to purchase a new SIM which comes with a new PUK1 Code, if you wish to continue using the Services
4. If you suspect your Mobile Phone or SIM supplied to you is lost or stolen you must immediately block your SIM via the Manage SIM page on the My Account section of the Skinny Website, or by calling Skinny Customer Services who can talk you through it. This will stop usage Charges to your account. You will remain liable for all Charges (including recurring charges) incurred in relation to the use of your Mobile Phone or the SIM, whether the Charges have been incurred by you or someone else. If your Mobile Phone is lost, stolen, damaged or destroyed, we will have no obligation to make a refund to you for the credit left on your Skinny Prepaid Account and you will need to purchase a new Mobile Phone and/or SIM if you wish to continue using the Services
5. If equipment, including your Mobile Phone and SIM, supplied to you by someone else does not work properly, you need to contact the relevant equipment supplier or manufacturer, rather than us, about the problem. We are in no way responsible if this equipment supplied by someone other than us is damaged as a result of the unauthorised use on our Network, or if it does not work on our Network. We are under no obligation to take any action so you can access the Services using this equipment
6. Any responsibilities we may have for a Mobile Phone or other equipment that you buy directly from us will be covered by a separate warranty or sales agreement for that Mobile Phone or other equipment
7. You must pay the purchase price of any Mobile Phone or other equipment you buy from us. We will continue to own the Mobile Phone or other equipment until you have paid for it in full. The Mobile Phone or other equipment will be at your risk from the time it is received by you
8. If you have a Mobile Phone that is SIM locked to our Network (a Skinny SIM Locked Mobile Phone), it is to be used exclusively on our Network and must not be unofficially unlocked, interfered with, or disassembled without our prior written approval. A Skinny SIM Locked Mobile Phone may only be unlocked by obtaining the manufacturers unlock code from the Skinny website, or by calling Skinny Customer Services who can talk you through how to do it. A $30 fee (including GST) applies if network locking is removed from any Skinny SIM Locked Mobile Phone within the first nine months after purchase. There may be a limited number of times an unlock code can be entered and attempted in a Skinny SIM Locked Mobile Phone, so care must be taken to ensure the unlock code is entered correctly and in accordance with our authorised unlocking process. Any attempts by any person to unlock a Skinny SIM Locked Mobile Phone without using our authorised unlocking process will render any applicable warranty associated with that Mobile Phone void, and may cause technical issues and damage to the Mobile Phone or Services for which we will not be responsible or liable. To unlock your Skinny SIM Locked Mobile Phone, visit the Skinny Website or call Skinny Customer Services on 0800 4SKINNY who can talk you through it.
8. Charges and your account 1. In order to use the Services you will need to have a Skinny Prepaid Account which is in credit, or have included quota remaining on an active Prepaid Plan. As Charges are incurred they will be deducted from the credit balance of your Skinny Prepaid Account. You can add additional credit to your Skinny Prepaid Account by; buying and redeeming a Skinny Prepaid Service card or voucher, Visa or MasterCard credit or debit cards, or by using one of the other means of payment accepted by us from time to time. For more information on how to top up your Skinny Prepaid Account please refer to the Skinny Website or contact Skinny Customer Services. No bill will be sent to you in relation to your use of Skinny Prepaid Services
2. Each Skinny Prepaid Service card or voucher has an expiry date printed on it and cannot be used after that date. We will not give refunds for any cards or vouchers not used by their expiry date. If you have a Skinny Prepaid Service card or voucher which has not reached its expiry date and appears to be faulty, contact Skinny Customer Services.
3. The Charges for calls made from your Mobile Phone are set out in your Prepaid Plan. Generally, there is a minimum one minute charge for each call and calls are charged by the minute. Skinnys standard and overage data rates are calculated based on usage and billed in 5KB blocks, rounded up to the nearest 5KB at the end of each session or every 15 minutes (whichever comes first), and a minimum charge of 1c per session applies. Skinnys data rates for included data in a Skinny Prepaid Plan is calculated based on usage and billed in 5KB blocks, rounded up at the end of a data session or every 15 minutes (whichever comes first) and a minimum charge of 20KB applies. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).
4. 4. SMS is charged per SMS sent. Please see your Prepaid Plan for more information about Charges for calls, SMS and data. The Charges for our other Services are set out on the Skinny Website. We may change our Charges from time to time and will notify you of any changes in accordance with clause 14.
5. You are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Phone or SIM (with or without your knowledge). This includes when your Mobile Phone or SIM has been lost or stolen
6. If the credit balance on your Skinny Prepaid Account is used up while you are on a call, the call will be disconnected. We will not be liable for calls being disconnected after your credit has been used up
7. If the credit balance on your Skinny Prepaid Account is used up while you have an open data session, the session will be terminated.
8. If you have no credit on your Skinny Prepaid Account or have no quota remaining on an active Prepaid Plan, you will not be able to make any chargeable outgoing calls (except to emergency services on 111 or to Skinny Customer Services or any other non chargeable calls) or use any other Services that would incur a Charge.
9. You must add credit to your Skinny Prepaid Account at least once every 12 months, otherwise your Skinny Prepaid Account will be deactivated, or expired. When your Skinny Prepaid Account is deactivated all credit and accrued Skinny Dollars will expire. You will not receive a refund for any expired credit or Skinny Dollars. If this happens, clause 10.2 will apply.
10. If you damage or lose your SIM you can purchase a new SIM from the Skinny Website and transfer your number to that new SIM. The facility for transferring your number to a new SIM is within the My Account section of the Skinny Website, or call Skinny Customer Services who can talk you through how to do it.
11. Customers with an active Skinny Prepaid Account may transfer credit from one Skinny Prepaid Account to another active Skinny Prepaid Account via the Skinny Mobile Menu. Skinny Prepaid Accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be able to use the credit transfer functionality.
9. Withholding, suspending or restricting services 1. We may withhold, suspend or restrict your use of any or all of the Services or disconnect you from the Network without warning if:
- you or anyone who uses your Mobile Phone or SIM does not comply with the terms and conditions of this agreement (including the provisions of clause 6) or any other agreement with us, including any terms and conditions relating to Additional Services;
- you or anyone who uses your Mobile Phone or SIM damages our Network or puts our Network at risk;
- you harass, abuse or threaten our staff; or
- you notify us that your Mobile Phone or SIM has been lost or stolen
3. We may also suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading
4. We reserve the right to change, suspend or withdraw part or all of any Services, including Additional Services, on giving reasonable notice
5. Skinny Prepaid Accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be entitled to any credit remaining on the account, and will not be able to use the credit transfer functionality.
10. Giving up or ending services 1. You may end this agreement at any time for any reason by:
- simply ceasing to add credit to your Skinny Prepaid Account at least once every 12 months (see clause 8.9 above); or
- porting your mobile phone number to another Mobile Service Provider, or
- contacting Skinny Customer Services.
- any unused Skinny Prepaid Service cards or vouchers you have will still expire on their expiry date;
- any unused credit on your Skinny Prepaid Account will lapse;
- any names, numbers and other information stored on your SIM may be lost; and
- unless we agree otherwise or unless it has been Ported prior to giving up the Services, any mobile phone number allocated for you to use under this agreement will no longer be available to you
4. If this agreement ends or you give up any Service and later want it reconnected, you may have to pay a reconnection charge and purchase a new SIM
5. We may decide to stop providing any, or any part of, our Services to you. If we do this, we will try to tell you in accordance with clause 14.4 of this agreement.
6. Ending this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards
11. Compensation and Liability 1. Where a Service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know by visiting the Skinny Website or by calling Skinny Customer Services. Where we consider it appropriate, we will contribute to your expenses by adding credit or Skinny Dollars to your Skinny Prepaid Account, to the value we consider appropriate in the circumstances. For us to consider your claim, you must tell us within one month after the relevant Service is affected. Credits, Skinny Dollars and/or any other compensation are not available where such an event occurs because we are not given correct information, or where we have acted in accordance with our obligations and/or rights in this Agreement, or because you have not used your Mobile Phone or the Services appropriately, or through other causes beyond our reasonable control, nor are they available where you have not tried to minimise your loss
2. If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, or you indicate to us that you are doing so, you agree that the provisions of that Act do not apply to the Services we provide under this agreement. If you are not acquiring the Services for those purposes, the Consumer Guarantees Act 1993 may apply to the Services we provide to you. Any rights you may have under that Act apply in addition to the rights set out in this agreement and nothing in this agreement will limit or exclude your rights under the Consumer Guarantees Act 1993
3. Clause 11.1 sets out your ability to claim compensation from us. Subject to clause 11.2 (if applicable), all other liability we may have to you in connection with this agreement, whether in contract, tort (including negligence) or otherwise is excluded. This exclusion applies for the benefit of the following people:
- us and any Related Company;
- network operators and mobile service providers other than us whose networks are connected to each other and to our Network;
- all companies directly or indirectly owned, partly owned or controlled by any of the companies and parties listed in clauses 11.3(a) and (b) above;
- all officers, employees, contractors and agents of all the companies and parties listed in clauses 11.3(a) and (b) above; and
- anyone else any of the companies and parties listed in clauses 11.3(a) and (b) above are responsible for.
4. If for any reason the exclusion in clause 11.3 does not apply, then the maximum combined amount all the companies and parties listed in clause 11.3 (together) will have to pay to you and anyone claiming through you (together) in respect of claims in connection with this agreement is:
- $1,000 for any one event or circumstance or series of related events or circumstances; and
- $5,000 in the aggregate in respect of all events and circumstances in any 12 month period.
This limitation does not limit or exclude any rights you may have under the Consumer Guarantees Act 1993. Please see clause 11.2 for more information.
12. Force Majeure If we are prevented from carrying out any obligation in this agreement by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances.
Our performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist and we will not be liable to you for a failure to perform, or delay in performing, any such obligation set out in this agreement.
13. Information about you 1. While you have an agreement with us or any Related Company, you agree that we and any Related Company may collect information about you. The information may be obtained from you, from others, or generated within our Network when you or anyone else uses the Services or the services of any service provider approved by us. You may decide whether to provide any information any of us request from you. However, if you do not provide it, we and any Related Company may not be able to provide services to you. You may ask to see information that we or any of our Related Company holds about you and ask for any details that are wrong to be corrected
2. We, any Related Company and, to the extent appropriate, any service providers approved by us, including service providers providing directory listing and directory assistance services, may hold information about you and share it to the extent appropriate with each other, with our employees, contractors and agents and any approved service provider and with credit reference and debt collection agencies. This enables us, any Related Company, agencies and approved service providers to provide services for you and others, send you bills, recover and report on money you owe and keep you informed of services available to you. Credit reporters may include credit checks and any defaults in payment to us and any Related Company in their databases and share this information with others who wish to conduct credit checks on you
3. From time to time we may send you sales and marketing information about Skinny products and services, including within a reasonable time of this agreement ending. You can let us know at any time if you do not want to receive sales and marketing information via the My Account section on the Skinny Website or by calling Skinny Customer Services. You also agree that the sales and marketing information we send you electronically need not include an unsubscribe facility.
4. We, and any Related Company, may:
o share with other network operators the mobile phone numbers allocated to you and any other information (not including your name and address) needed to enable you to make and receive calls through their networks; and
o share, to the extent appropriate, your name, address and the mobile phone numbers allocated to you with any of our agents or service providers for the purpose of providing the Services to you.
5. We may occasionally monitor telephone calls between customers and our personnel so as to help train our personnel to provide better customer service. Any information we collect by doing this will be used in strict compliance with all applicable privacy laws.
7. You must amend your details on the Skinny Website or by contacting Skinny Customer Services as soon as possible about any change to your name, address or any other details you have provided to us.
14. Changing these terms, Charges and Services 1. We may change any of the terms of this agreement, remove existing terms from the agreement, or add new terms into the agreement, at our discretion. Changes may take the form of a completely new agreement. We can do this without the need to obtain the consent of the companies and parties listed in clause 11.3
2. We will give you at least 10 working days' notice or, wherever possible, one month's notice of any changes that we consider will have a material detrimental effect on you. In all other cases we will try to give you notice of any change and/or publish the change on the Skinny Website
3. We may also change our Charges from time to time. Where we increase any Charges for any of the Services, we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes
4. We may also decide to stop providing any, or any part of, our Services to you. If we do this, we will try to give you a minimum of 10 working days' notice or wherever possible one month's notice before we stop providing the Service. The agreement you have with us will remain in place.
15. Sending notices We may send you notices by sending you a text, via the Skinny Mobile Menu, by emailing or writing to you, by calling you, by publishing the notice on the Skinny Website or by issuing a public notice in the major newspapers.
16. Meeting our responsibilities through agents and service providers We may have any Related Company or an agent approved by us or any service provider approved by us perform any of our rights and obligations under this agreement. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us.
17. Transferring our responsibilities We may transfer to someone else all or any part of our side of the agreement you have with us. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person. If you are a business or company and your effective management is changed in any way, this will be treated by us as a transfer of this agreement and we will be entitled to end it.
18. More than one customer Every person named as the customer in your application to use the Services must meet all of the customers responsibilities under this agreement, including the payment of any amounts owing to us by the customer in accordance with this agreement.
19.Severability Each term of this agreement is separately binding. If for any reason any term is not legally effective all other terms shall remain binding and we can replace the term that is not legally effective with a term of similar meaning that is lawful and effective.
20. Waiver A failure or delay by you or us to enforce any rights or powers under this agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach.
21. Governing Law This agreement is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of it.
IntroductionThe following terms (the Service Terms) describe the terms and conditions that apply to Skinny Prepaid Services and Additional Services. The Skinny Customer Terms apply in addition to these Skinny Service Terms. Any defined terms used in these Service Terms have the same meaning as given to those terms in the Skinny Customer Terms.
If you have a Skinny Prepaid connection that operates on the Network then you will need to read and understand these Service Terms.
Any unused free Skinny to Skinny minutes are not carried forward to the next week.
Changes to these terms Skinny in its absolute discretion may change, add to and/or delete these Service Terms, including adding new terms at any time. However, if we consider that the change is material, we'll give you reasonable notice by publishing the change on the Skinny Website, sending you an SMS, notifying you via the Skinny Mobile Menu, by emailing or writing to you, by calling you or by issuing a public notice in the major newspapers.
Call, Text, Data and MMS Charges
Call charges Unless you select a Skinny Prepaid Plan, Skinnys Standard calling rates automatically apply to any usage.
Skinnys Standard calling rates apply when you do not have a current Skinny Prepaid Plan (e.g. you dont have a current Combo, calling Add-On or other Skinny Prepaid Plan that has calling minutes included). The minimum call charge for your Standard calling rates will be the full minute rate for each minute or part minute.
If youve subscribed to a Skinny Prepaid Plan, such as a Combo, Skinnys Overage calling rates apply if you consume all the included minutes in your plan before your plans renewal date. The minimum call charge for your Overage calling rates will be the full minute rate for each minute or part minute.
You can view our pricing including our Standard and Overage calling rates here
To be able to initiate or continue a call you must have the equivalent of at least one minute worth of calling credit remaining on your Skinny Prepaid Account, or at least one included minute remaining on your Skinny Prepaid Plans included minutes.
If there is no answer you won't be charged for the call (note, calls answered by a message service or answering machine are chargeable).
Skinny's (very) Happy Hour!
You need to have an active Skinny $4 a week Combo to get this deal.
60 free Skinny to Skinny minutes will be applied to your account each time your $4 a week combo renews.
Once you cancel your combo, or your combo fails to renew (for example due to insufficient Skinny prepaid account credit), you are no longer on an active combo - it is immediately deactivated - and you will no longer be entitled to the Skinny Happy Hour. (You are still able to use any unused calls, texts and/or data quota that remain on that cancelled combo, and on any associated Add on, until its expiry date/time.)
Free Skinny to Skinny calling applies to national person to person calls to your mates on Skinny in NZ only, excludes calls while roaming.
Offer begins on 1st August 2012 and ends 30th June 2013.
Cheap International Calling Rates
You need to have an active Skinny $4 a week Combo to get Skinny's cheap international calling rates.
Once you cancel your combo, or your combo fails to renew (for example due to insufficient Skinny prepaid account credit), you are no longer on an active combo - it is immediately deactivated - and you will no longer be entitled to these special international calling rates. (You are still able to use any unused calls, texts and/or data quota that remain on that cancelled combo, and on any associated Add on, until its expiry date/time.)
These cheap international calling rates apply to person to person calls made in NZ to the countries and types of phones (i.e. standard landlines, or mobiles as specified) and exclude calls to premium rates landlines. If calling from outside NZ, roaming charges apply.
Text Bomb Customers
Txt Bomb will not be available for any customers who join Skinny after 22 February 2013.
Existing Skinny customers who are on the Txt Bomb combo between 18 February and 4 March 2013 can keep using Txt Bomb provided that it continues to automatically renew every week on their accounts. If you don't have enough credit on your account and it deactivates, or it deactivates for any other reason, you will not be able to re-subscribe to Txt Bomb again. Skinny Terms and charges apply
Skinnys Standard text rates apply when you do not have a current Skinny Prepaid Plan (e.g. you dont have a current Combo, text Add-On or other Skinny Prepaid Plan that has texts included).
If youve subscribed to a Skinny Prepaid Plan, such as a Combo, Skinnys Overage text rates apply if you consume all the included texts in your plan before your plans renewal date.
All text messages are deducted from your Skinny Prepaid Accounts credit balance, or your Skinny Prepaid Plans included texts, once sent. It is your responsibility to ensure numbers are valid and correct. To be able to initiate a text you must have the equivalent of at least one texts worth of credit remaining on your Skinny Prepaid Account, or at least one includes text remaining on your Skinny Prepaid Plans included texts.
A single text message is up to 160 standard characters. Most mobile phones can send text messages longer than 160 standard characters. To do this the text messages are adjoined into multiple text segments, with each text segment having a lower standard character count (usually 153 standard characters per text segment).
Each text segment is charged as one text which results in a 161 to 306 standard character text being charged as two texts, 307 to 459 three texts, 460 to 612 four texts, and so on.
Non-standard characters such as Arabic, Chinese, Korean, Japanese or Cyrillic and emoticons (e.g. coloured smiley, grumpy or jumpy faces) use more capacity and therefore reduce the maximum character capacity of text messages further. For international texts or when roaming, a single text message or text segment standard character count can vary, but not below 140 standard characters per text.
You can view our pricing including our Standard and Overage text rates here.
Skinnys Standard data rates apply when you do not have a current Skinny Prepaid Plan that has data MBs included (e.g. you dont have a current Busy Fingers, Loose Lips, Love Bytes, data Add-On or other Skinny Prepaid Plan that has data included).
If you've subscribed to a Skinny Prepaid Plan, such as a Combo, Skinnys Overage data rates apply if you consume all the included data MBs in your plan before your plans renewal date. Data is charged in increments of 5KB with a minimum of $0.01 per session. You can view our pricing including our Standard and Overage Data rates here.
To be able to initiate a data session you must have the equivalent of at least 25KB or $0.01of credit remaining on your Skinny Prepaid Account, or at least 20KB of included data remaining on your Skinny prepaid plans included data.
Skinnys Standard and Overage data rates are calculated based on usage and charged as follows:
- billed in 5KB blocks;
- rounded up to the nearest 5KB at the end of each session, and
- a minimum charge of 1c per session applies.
Skinnys data rates for included data in a Skinny Prepaid Plan is calculated based on usage and charged as follows:
- billed in 5KB blocks;
- rounded up at to the nearest 5KB at the end of a data session, and
- a minimum charge of 20KB applies.
MMS is the multimedia messaging service, which allows various media such as pictures, video and audio to be sent and received by your Mobile Phone. MMS video messages are not the same as video calling. Information on video calling is included under the "Other Services" heading in these Service Terms.
Skinny's standard MMS rates apply to any MMS messages sent to NZ mobile networks from your mobile phone. Skinny does not currently have any combos that include a MMS message allowance.
MMS messages cost 39c per message to any NZ network. All charges for MMS messages are deducted from your Skinny Prepaid Account's credit balance if a MMS message is sent from your Mobile Phone (e.g. you press 'send' and the mobile indicates the MMS is sent). To be able to initiate a MMS message, you must have at least 39c credit remaining on your Skinny Prepaid Account.
The maximum file size of a MMS message is 600KB. If you attempt to send a file larger than 600KB, the message may be rejected and/or you may be charged for multiple MMS messages. If your MMS message takes longer than 60 seconds to send, the message may be rejected and/or you may be charged for multiple MMS messages.
It is your responsibility to check that your Mobile Phone is capable of sending, and is configured correctly to be able to send, MMS messages. Your Mobile Phone and/or our MMS system may scale MMS messages to fit within the maximum 600KB size. It is your responsibility to ensure MMS messages you attempt to send are not larger than 600KB. MMS messages may be scaled to suit the recipient's device's specifications such as screen size and screen resolution.
Useful info when using data
To get the best value when you have a smartphone and use data on Skinny, it is highly recommended that you subscribe to one of our data Add-ons. Many smartphones and other data devices, with mobile data switched on, may be set to consume data without user interaction. This can result in unexpected charges. If you do not wish to use data you may need to switch this off in your phone or data device.
Skinny provides a text notification when you are nearing the end of your included data on a Skinny Prepaid Plan, however, it is your responsibility to manage your data usage and any associated costs.
You can also monitor your data consumption of the included data on your Skinny Prepaid Plan through the Skinny Mobile Menu (*888*2*3#) and in the My Account part of the Skinny Website (View My Usage) or by calling Skinny Customer Services. In both cases the data balance remaining will only be accurate when mobile data is switched off, as there may be open data sessions running on your phone or data device if it is left on.
Please also note that data, or mobile broadband, is not intended or designed for prolonged intensive data downloads or uploads (including file sharing and long duration streaming videos). Fixed broadband services are much more suited to intensive data transfer applications.
Notes on Data calculation
Our charges use the rules above. Data is rounded up 5KB increments – we have chosen to do this because using a small rounding increment of 5KB provides you with better value. Most other operators round in larger increments and some overseas operators round-up in 256KB increments!
You can see your data usage and charges on our website skinny.co.nz - it is shown in the My Skinny / View my Usage section. You must be registered for My Skinny to see this information. You can register here.
We want you to be able to clearly see and understand the amount of data you are charged.
Data usage and the amount of included data charged are presented in MB and decimals thereof. Because of the odd way that computer engineers calculate MB (i.e. 1MB = 1024KB) there is an oddity in the way that the 5KB rounding we use is applied and charges and data usage is presented on our website.
To reconcile your usage (or check our calculations) versus the amount of MB shown and charged on our website, you can do as follows…
1. Convert your MB amount / duration to KB by multiplying by 1024. (Note that the MB amount / duration as displayed on the portal is truncated to 3 decimal places, so there is a chance that the 4th decimal place is something like a 9).
2. Round up the KB amount / duration to the nearest 5KB.
3. Convert the resulting amount back to MB by dividing by 1024 and round it to 3 decimal places.
As an example: Amount / duration of data use in session displayed on portal = 0.174 MB
Converted to KB = 178.17 (0.174 x 1024)
Roundup to nearest 5KB = 180 KB
Converted back to MB = 0.17578 (180 / 1024)
Cost of session as displayed = 0.176 MB
Operator assisted calls
You will be charged the full minute rate for each minute or part minute.
International Call and Text charges
You can view our International Call and Text charges here.
Roaming chargesYou can view our roaming charges here.
Data roaming services are not currently supported.
Call Me Back service
Call Me Back is a service where Skinny customers (who do not have enough credit to make a call) are able to use the Skinny Mobile Menu to send a text message to other mobile users on any New Zealand network with a request to call you back.
Call Me Back requests is only available to Skinny customers who have an active Skinny Prepaid Account. The service is limited to a maximum of 3 Call Me Back messages per Skinny customer per day.
Transferring Skinny CreditYou can transfer credit from your Skinny Prepaid Account to another Skinny customer using the Skinny Mobile Menu (dial *888#, then select other stuff from the menu). Credit can be transferred in whole dollars with a minimum of $1 and a maximum of $50 per transaction. A maximum of $100 can be transferred from (i.e. out of) your account in any 7 day period.
0900, premium numbers and short codes Calls to 0900 numbers are not supported. Calls to other premium numbers are charged the full minute rate for each minute or part minute. Certain short codes are available for use and the charges can be found on our website.
Voicemail Any number of voicemail messages may be checked per access. Calls to your voicemail account from your mobile phone will be charged at 1 included minute if youve subscribed to a Skinny Prepaid Plan, or 20cents regardless of duration if you are not subscribed to a Skinny Prepaid Plan. You can view our voicemail charges here.
Video Calling Video Calling is only available when you make video calls to other video calling capable mobiles on the Skinny Network within New Zealand, or video-capable mobiles on a supported international mobile network in a video-capable coverage area. Video calling is charged at the same rate as our standard rates for voice calling. Video calling is currently priced at the same rate as voice calling. You can view our standard rates here.
Skinny Prepaid Plans and Add Ons
You can choose to be either on a Skinny Prepaid Weekly Plan (or plan), such as one of our Combos or a Combo with Add-ons, or choose to use Skinnys Standard rates.
Skinny Prepaid Weekly Plans give you an included amount of either calls, text and data (or any combination of all three) that is valid for 1 week (7 days) until the plan expires. Any unused calls/text/data are not carried forward to the following week.
You can fine tune your Skinny Prepaid Account set up and change your Skinny Prepaid Weekly Plan using the My Account page on the Skinny Website or by calling Skinny Customer Services.
Your new Skinny SIMAll new Skinny SIM's are pre-provisioned to a Loose Lips Weekly Plan, with the first weeks $4 subscription complimentary. Your first weeks Loose Lips subscription will start from the date and time you first activate your Skinny SIM.
The Loose Lips subscription will renew automatically 7 days from the date and time you first activate your Skinny SIM, and $4 will be debited from your Skinny Prepaid Account credit at that time, unless you cancel or change it before then (on the Skinny Mobile Menu, your My Account page on the Skinny Website or by calling Skinny Customer Services), or there isnt enough credit in your Skinny Prepaid Account to cover the $4 charge.
If any Combo ends for any reason, Skinny's Standard rates will apply.
Add-ons If you have a Skinny Prepaid Plan, you can opt-in to Add-ons. For example, a Data200 data Add-on will give you 200MB extra data in addition to the included data that comes with your plan.
Add-ons will renew, or end, at the same time as your plan. When you add an Add-on to your plan, you will be charged for the remainder of the time that is left on your plan.
For example, if you have subscribed to a weekly plan, and you add an Add-on exactly midway through the week, you will only be charged 50% of the Add-on charge and be given 50% of that Add-on. The Add-ons full charge and its full amount of data will be applied when the Add-on renews.
Overage rates If you have used all of your plans included calls, text and or data allowance, you will pay the overage rate that applies to your chosen plan, Combo or Add-on if you continue to use the Skinny Prepaid Services. You can view the plan and Add-on Overage rates here.
Plan Renewal If youve subscribed to a plan and you have sufficient credit in your Skinny Prepaid Account, your plan will automatically renew when the 7 day period expires and your Skinny Prepaid Accounts credit balance will reduce by the value of that plan, unless you cancel it earlier.
If you have selected an Add-on in addition to your plan, and you have sufficient credit in your Skinny Prepaid Account, the Add-on will also automatically renew on the same date as your plan (unless youve cancelled it).
Changing Plans When you change your Skinny Prepaid Plan, your plans renewal date and time will be reset to the date and time when you change your plan. You will still be able to use any remaining included calls/text/data associated with the plan you are changing from, until that plans expiry date.
You are able to change your Skinny Prepaid Plans any number of times if there is sufficient credit in your Skinny Prepaid Account to cover the charges for any plan changes.
Cancelling your Plans and Add-ons You can cancel your Skinny Prepaid Plan via the Skinny Mobile Menu, on your My Account page, on the Skinny Website or by contacting Skinny Customer Services.
Once you cancel your Skinny Prepaid Plan, you are no longer on an active plan - it is immediately deactivated.Despite that plan no longer being active, you are still entitled to use any unused calls, texts and/or data quota that remain on that cancelled plan, and on any associated Add on, until its expiry date/time. However, you will no longer be entitled to any special rates or offers available for 'active' combos.
When you cancel a plan, Combo and any associated Add-ons, they will not auto-renew at their expiry date/time.
If you cancel a Skinny Prepaid Plan, any associated Add-ons, will also be cancelled.
Topping up You can add additional credit to your Skinny Prepaid account by using one of the methods outlined here. If you are topping up by using a voucher please note that these cannot be used after their expiry date. You must add credit to your account at least once every twelve months, otherwise your Skinny Prepaid Account will be deactivated.
Skinny Dollars Skinny Dollars can be accumulated if you have registered your personal details with Skinny by creating an account on the Skinny Website on the My Account page. Skinny Dollars are awarded each time you add credit (or top-up) your Skinny Prepaid Account.
Each Skinny Dollar you accumulate is worth NZD$1 that you can use towards online purchases of specified mobiles and devices on the Skinny Website. The maximum amount of Skinny Dollars that can be accumulated on one Skinny Prepaid Account is 200. Unless otherwise specified, Skinny Dollars can only be redeemed towards the Skinny Prepaid Account holders online purchases of specified mobiles and devices on the Skinny Website.
Skinny Dollars do not have their own specific expiry dates, however if your Skinny Prepaid Account is terminated or expires or otherwise ends for any reason, any accumulated Skinny Dollars will expire.
Skinny Dollars are not rewarded for Skinny Mobile Menu credit transfers from one customer to another and Skinny Dollars cannot be transferred from one account to another.
SIM Unlocking and Fee If you have a Mobile Phone that is SIM locked to our Network (a Skinny SIM Locked Mobile Phone), it is to be used exclusively on our Network and must not be unofficially unlocked, interfered with, or disassembled without our prior written approval. A Skinny SIM Locked Mobile Phone may only be unlocked by obtaining the manufacturers unlock code. A $30 fee (including GST) applies if network locking is removed from any Skinny SIM Locked Mobile Phone within the first nine months after purchase. After that time, it is free to unlock your phone.
To unlock your Skinny SIM Locked Mobile Phone go to your My Account section of the Skinny Website, or call the Skinny Customer Services who can talk you through how to do it on the website.
There may be a limited number of times an unlock code can be entered and attempted in a Skinny SIM Locked Mobile Phone, so care must be taken to ensure the unlock code is entered correctly and in accordance with our authorised unlocking process. Exceeding the limited number of chances to correctly enter the unlock code, or any attempts by any person to unlock a Skinny SIM Locked Mobile Phone without using our authorised unlocking process will render any applicable warranty associated with that Mobile Phone void, and may cause technical issues and damage to the Mobile Phone or Services for which we will not be responsible or liable.
For full information about unlocking, go here.
Skinny SIMs You can purchase a Skinny SIM online here, or from a Skinny retailer.
Online purchases change of mind If you purchase a Skinny Mobile Phone or device from the Skinny Website, and you change your mind and wish to cancel the agreement to purchase:
- You can do so by going online to www.skinny.co.nz and entering your request within 7 days of the date on the packing slip you receive with your new Skinny device.
- The box containing the Skinny Mobile Phone or device should be unopened, undamaged, all external wrapping and seals intact and in pristine new condition.
- To cover handling costs, we will require you to pay $20 by credit card at the time of the initial change of mind request.
We also reserve the right to refuse any returns that do not adhere to the above conditions. If your return is rejected, we will return the device to you with no refund of the handling fee paid.
Skinny marketing messages All customers who have an active Skinny Prepaid Account may receive marketing messages from Skinny.
You agree that Skinny may send you marketing messages, electronic or otherwise, about our awards, special offers, competitions and other promotions which we consider may be of interest to you.
You may unsubscribe from receiving these marketing messages from us at any time on your My Account section of the Skinny Website or by calling Skinny Customer Services.
While you may elect not to receive marketing and promotional information from Skinny via text message, you may still continue to receive service related notifications or other similar information.
Fair use policy Skinny operates Fair Use Policies to ensure excessive, inappropriate or unreasonable use by some customers does not affect the quality of the experience or the integrity of the Network for other customers. Please see section 4.8 of our Customer Terms (above) for more information.
If, in Skinny's reasonable opinion, your usage of any Skinny Prepaid Services, Additional Services or other use of the Network is excessive, inappropriate or unreasonable, Skinny reserves the right to request that you stop using the services and/or the Network in this manner and to contact you to discuss a more appropriate product / service for you.
In the event of continued excessive, inappropriate or unreasonable use, Skinny reserves the right to terminate your use of Skinny Prepaid Services in accordance with the Skinny Customer Terms.
If you use data, please note that mobile broadband is not intended or designed for prolonged intensive data downloads or uploads (including file sharing and long duration streaming videos). Fixed broadband services are much more suited to intensive data transfer applications.
Excluded usage and servicesThe Grace Period is longer be available. Therefore, if you do not have enough credit when your Plan expires, your Plan and any Add-Ons will not renew and you will need to reactivate them.
International data roaming services are not currently supported.
Voice over Internet Protocol (VoIP) is not supported, and we cannot guarantee that access or performance levels will be maintained.
Calls to 0900 numbers are not supported.
Any applications you accept for use on your device are your own responsibility. Skinny cannot accept responsibility for the effect of applications or content downloaded to your device, or misuse of your personal information, through use of those third party applications.
Hook Up Terms 1. The following terms (the Hook Up Terms) describe the terms and conditions that apply to the Skinny Hook Up. If you use the Skinny Hook Up then you will need to read and understand these Hook Up Terms. By using the Skinny Hook Up or redeeming any Hook Up Offer you are deemed to have accepted these Hook Up Terms.
2. Skinny’s Customer Terms and Service Terms apply in addition to these Hook Up Terms. Any defined terms used in these Hook Up Terms have the same meaning as given to those terms in the Skinny Customer Terms or Service Terms.
3. Access to any Skinny Hook Up offer, deal and/or benefit (a Hook Up Offer) is only available to Skinny customers who have an active Skinny Prepaid Account and otherwise in accordance with each Hook Up Offer’s terms and conditions (e.g. you must have an operating mobile device connected to Skinny’s Network on an activated Skinny SIM card and be using calling, texting and/or data services on the Skinny Network on the day you seek to redeem the Hook Up Offer).
4. Skinny in its absolute discretion may change, add to and/or delete these Hook Up Terms, including adding new terms at any time by publishing the change on the Skinny website and/or Facebook page. Skinny may also change any part of the Skinny Hook Up service or cease to provide it in its entirety (or any part of it) at any time. However, if we consider that the change is material, we'll try and notify you in advance by publishing the change on the Skinny website and/or Facebook page, sending you an SMS, notifying you via the Skinny Mobile Menu, emailing or writing to you, calling you or by issuing a public notice in the major newspapers.
5. Details about each Hook Up Offer and the separate terms and conditions that apply to each Hook Up Offer are set out from time to time on the Skinny website and/or Facebook page. Customers can redeem as many available Hook Up Offers as they wish in accordance with the terms and conditions of each Hook Up Offer and these Hook Up Terms.
6. Skinny can add new Hook Up Offers, and change, suspend or remove any available Hook Up Offers at any time by making a change on its website and/or Facebook page.
7. Hook Up Offers are not transferable, cannot be sold to third parties or used for commercial purposes and are not redeemable for cash, credit or Skinny goods and services. Hook Up Offers are subject to availability and the terms and conditions of each offer and may only be available while stocks last.
8. Hook Up Offers are redeemed solely between you and the third party supplier whose products, services and/or experiences are made available to you in relation to Hook Up (a Hook Up Partner).
9. Hook Up Partners and/or other third party suppliers are supplying the products, services and/or experiences to you in accordance with each Hook Up Offer. You acknowledge and agree the products, services and/or experiences that a Hook Up Partner provides to you as part of a Hook Up Offer may be subject to additional terms and conditions prescribed by that Hook Up Partner. Skinny accepts no liability or responsibility for any of the representations, terms, conditions, advertising, customer service, communications, products, services and/or experiences made, enforced or provided by any Hook Up Partner and/or third party supplier in association with Hook Up and/or any Hook Up Offers, including in relation to quality, legality, availability or accuracy. Any dealings between you and any Hook Up Partner or third party supplier in association with the Skinny Hook Up and/or any Hook Up Offers, including payment for and delivery of any products, services, experiences and/or any Hook Up Offer, and any terms, conditions, warranties, representations or communications associated with such dealings, are made between you and the Hook Up Partner or third party supplier and Skinny is not responsible or liable for any loss or damage of any kind incurred in connection with any such dealings.
10. Skinny is not responsible or liable for the availability, operations, suitability, reliability and/or content of any third party websites that are referenced on or linked to via Skinny’s website and/or Facebook page, including websites of any Hook Up Partner or third party supplier, and including any content on any third party website that relates to the Skinny Hook Up and/or a Skinny Hook Up Offer.
11. If Skinny knows or has reason to believe that any customer is failing to comply with these Hook Up Terms, the Customer Terms and/or Service Terms, or any additional terms imposed by a Hook Up Partner in relation to any Hook Up Offer, or that any customer is misusing, abusing, exploiting or failing to comply with any applicable laws in relation to the use of the Skinny Hook Up or any Hook Up Offer, Skinny may immediately suspend, restrict, withdraw or terminate that customers ability and eligibility to use the Skinny Hook Up service or access any Hook Up Offer without prior notice.
12. Skinny does not guarantee that the Skinny Hook Up is a continuous and fault-free service. Any use of the Skinny Hook Up and/or any Hook Up Offer is entirely on an ‘as available’ basis and at your own risk. To the fullest extent permitted by law, in no event shall Skinny be liable to you or anyone for any loss, expenses, damages, liability or claims (including for personal injury or death or any indirect, incidental or consequential damages or loss of profits) whatsoever resulting from the Skinny Hook Up or any Hook Up Offer, or any change to or cancellation of the Skinny Hook Up or any Hook Up Offer.
13. We will not send you communications about Hook Up Offers, excluding service-related messages, if you are a Skinny customer who has opted out of receiving marketing messages from Skinny.