Terms and Conditions of Use
Welcome to Akiva Limited. Akiva Limited and its affiliates provide their services to you subject to the following terms and conditions. If you visit or shop at www.akiva.co.nz, you also accept these conditions. Please read them carefully. In addition, when you use or subscribe to any current or future Akiva Limited service or visit or purchase from any business affiliated with Akiva Limited, whether or not included in the www.akiva.co.nz web site, you also will be subject to the guidelines and conditions applicable to such service or business.
1. PRIVACY
Please review our Privacy Statement, which also governs your visit to the akiva.co.nz website, to understand our practices.
2. ELECTRONIC COMMUNICATIONS
When you visit the akiva.co.nz website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio or video clips, digital downloads, data compilations, and software, is the property of Akiva Limited or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Akiva Limited and protected by international copyright laws. All software used on this site is the property of Akiva Limited or its software suppliers and protected by international copyright laws.
4. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Akiva Limited and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
5. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review or other content. Akiva Limited reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Akiva and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Akiva Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Akiva Limited or its affiliates for all claims resulting from content you supply. Akiva has the right but not the obligation to monitor and edit or remove any activity or content. Akiva Limited takes no responsibility and assumes no liability for any content posted by you or any third party.
6. COPYRIGHT COMPLAINTS
Akiva Limited and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
7. RISK OF LOSS
All items purchased from Akiva Limited are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
8. PRODUCT DESCRIPTIONS AND DEFINITIONS
Akiva Limited and its affiliates attempt to be as accurate as possible. However, Akiva Limited does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
The following definitions will be used throughout our General Terms and Conditions.
ACCEPTABLE USE POLICY – Our Acceptable Use Policy applies to your use of our services and forms an important part of our agreement with you. As a telecommunication services provider, we are subject to various regulatory requirements and industry codes of practice. At Akiva, we recognise and appreciate the importance of these requirements, and strive to maintain a high standard of ethical and professional conduct. Our Acceptable Use Policy is intended to provide information to our customers on their legal obligations and liabilities in making use of our services. Outlined is a description of practices which are considered abusive or inappropriate and are therefore prohibited and we will explain the remedial measures that may be taken by us against any defaulting customers.
a) please respect the laws and rights of others. You must, at all times, make sure that the way you use our services does not break the law or interfere with the rights of any other person;
b) you must not use our services to inconvenience, harass, cause annoyance, nuisance, or interfere with the rights of, any other person;
c) you must not use our services for any unlawful or illegal purposes (including to commit a criminal offence);
d) you must not use your internet connection to abuse other people or to purposefully receive or distribute unsuitable or illegal material (for example, spam or viruses) or to excessively use our network in busy times in a way which has a detrimental impact on other users of our Services;
e) you must not use our services in a way that (i) risks degradation of service levels to other customers (including running any application or program that places excessive bandwidth demands on the service for continued periods), (ii) puts our system at risk and/or (iii) is not in keeping with that reasonably expected of a customer in the circumstances;
f) you must not use our services to deliberately receive, use, own, post, transmit or publish communications that are offensive, abusive, defamatory, obscene, menacing or illegal;
g) you must not do anything which is contrary to the acceptable use policies or standards of any of our suppliers;
h) you must not insert or knowingly or recklessly transmit or distribute a virus;
i) you must not see to gain seek unauthorised entry into the Akiva portal or operations platform, hack into any aspect of the Akiva service or network, or circumvent, or attempt to seek to circumvent, any of the security safeguards of Akiva or any of its suppliers;
j) you must not use your internet connection to harm the service of another internet user or impersonate another user, whether on our network or an external network;
If we believe that you have abused our services or have failed to comply with this Acceptable Use Policy, we may:
Warning: send you a formal warning specifying the unacceptable conduct and notify you that repeated breaches may result in your services being temporarily suspended or permanently terminated;
Suspension: suspend any of our services immediately without notice; or
Termination: terminate our agreement with you immediately without notice if the abuse or failure to comply with this Acceptable Use Policy is serious, or continues after we have asked you to stop doing so.
EQUIPMENT – means any network equipment owned by us or our suppliers that is used to provide services to you. It excludes any network equipment that you have purchased from us and have fully paid for, or is otherwise supplied by you to accessor service.
INSTALLATION FEE – Installation fee means any costs charged by us, our authorised contractors or a Wholesaler for connecting or installing the Services at your premises.
SERVICES – means the products and services that you acquire from us.
EARLY TERMINATION FEE (ETF) – means a one off charge for the disconnection of services within a 12 month period of service connection.
9. INSTALLATION AND ACTIVATION OF SERVICES
We may need to install or connect equipment at your property or business premises in order to supply the Services to you. The installation or connection may be carried out by us, our authorised contractors, and/or the Wholesaler. We will arrange a time with you for installation or connection to take place. Unless stated otherwise, you will be responsible for paying any Installation Fee. There is a base Installation fee of $15.00 + GST for our Rimu plan and a base Installation Fee of $25.00 + GST for our Rata plan. Any additional Installation Fees will be agreed with you before connection or installation commences.
10. EQUIPMENT
If we supply you with Equipment to access our Services, unless you have purchased from us and fully paid for that Equipment, we retain ownership of that Equipment. You must follow our reasonable instructions about the use of any Equipment we supply and must not tamper or interfere with that Equipment (including by introducing any viruses or disabling mechanisms). Any claims in relation to the Equipment are covered by the manufacturer’s warranty (if any). You may also have rights available to you under the Consumer Guarantees Act.
If you supply your own Equipment, you are responsible for ensuring that the equipment you supply to access the Services is compatible with our network. We will provide technical support for the Services in accordance with our Support Plan. However, we may not be able to provide technical support for network equipment you supply to access our Services. We are not be held liable for any interruption to the Services that is caused by equipment that is not supplied by us.
11. EARLY TERMINATION FEE
Although we do not have term contracts, we do have an Early Terminal Fee (ETF) if you decide to leave us within 12 months of services being activated. The ETF is applied to us by our wholesale partners and we in turn pass this to you to cover our costs. The ETF is $300 + GST. You will also be required to return any supplied Equipment to us in good working condition along with its original packaging and power supply. Failure to return the Equipment or if the Equipment is returned in a damaged or unusable state and/or is missing the power supply, you will be charged the full replacement cost of the Equipment.
12. BROADBAND SPEED
Any stated speed in any of our Broadband plans is the theoretical speed at which you are able to send and receive data on our network. The actual speeds or any latency issues you may be experiencing may vary and are dependent on a number of factors. These can include the equipment you are using to access our services, the distance from the exchange to your premises, your devices capability and the number of customers accessing our services in your area.
13. FAULTY EQUIPMENT
If you believe that the Equipment we have supplied is faulty and we are unable to assist with getting service active through customer support, we will send you a replacement router. If on inspection, the router has been damaged or tampered with, you will be charged a $75.00 + GST service inspection fee as well as the full retail price of a replacement router.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY AKIVA LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AKIVA LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AKIVA LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AKIVA LIMITED DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AKIVA LIMITED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Akiva WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
APPLICABLE LAW
By visiting the akiva.co.nz website, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Akiva Limited or its affiliates.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to the akiva.co.nz website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.