Terms of Use
In this Terms of Use, "you" and "your" means you, the customer, "Spark New Zealand" means Spark New Zealand Limited, "Globys" means Globys, Inc., and "we", "us", or "our" means Spark New Zealand and Globys. This Cost Management Website ("the Site") is powered by Globys acting on its own behalf and as agent for Spark New Zealand. The use of this Site is governed by this Terms of Use as set out below. Please read them carefully. By using this Site you accept this Terms of Use and agree to be bound by them. We reserve the right to revise this Terms of Use at any time without notice and, by using this Site subsequent to the revision of this Terms and Use, you accept and agree to be bound by such changes. If you find this Terms of Use unacceptable, you must immediately terminate your use of this Site.
§ Your Use
§ Online Invoicing - Spark and Spark Digital
§ Online Invoicing - Gen-i Australia
§ License
§ Charges
§ No Representations or Warranties
When you first register to use the Site we require authorisation from your Company Account Holder ("CAH") or the authorised person on the account before we will provide you with a Site login and password. We will automatically seek authorisation from your CAH or the authorised person on the account and we will provide you with Site access when authorisation has been obtained.
You must do the following in relation to the Site: (i) maintain the confidentiality of the logins and passwords we provide to you relating to the Site and notify us of any unauthorized use of your logins and passwords; (ii) comply at all times with this Terms of Use, including the license conditions; and (iii) notify Spark New Zealand at [email protected] within fourteen (14) days if you change your billing contact information.
You agree that: (i) you are responsible for all activity and usage of the Site and will be responsible for payment to Spark New Zealand of all usage related to it under your logins and passwords (whether authorised or not); (ii) you do not acquire any rights, title, or interest (including any copyrights, trademarks, patents, or other intellectual property rights) in the Site (the "Intellectual Property Rights") or any content provided as part of it; (iii) you must not use or knowingly permit others to use the Site for any fraudulent, malicious or illegal purposes, or in a manner that may threaten or cause harm to us or any other user of the Site including without limitation, to send or transmit any virus or to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; and (iv) we may monitor your use of the Site to ensure that you comply with this Terms of Use.
Online Invoicing - Spark and Spark Digital
When you register for Cost Manager, you will automatically be subscribed to paper bill. With paper invoices subscription you will still be able to view and run reports in cost manager, however, you will not be able to download your online tax invoice from cost Manager. Online invoicing (i.e. paperless billing) is the most convenient way to receive and view your tax invoice. You can access your last 12 invoices from anywhere and at any time. You can also analyse your invoice information online. Your online invoices will be available for 13 months and it will be the administrator's responsibility to download the invoices. If you wish to switch to paperless invoices, you will need to update your account settings in Cost Manager. To switch to paperless invoices click here.
Online Invoicing - Gen-i Australia
When you register for Cost Manager, you will automatically be subscribed to online invoicing (i.e. paperless billing). Online Invoice is the most convenient way to receive and view your Gen-i invoice. You can access your last 12 invoices from anywhere and at any time. You can also analyse your invoice information online. Your online invoices will be available for 13 months and it will be the administrator's responsibility to download the invoices.
Except as expressly provided in this Section, nothing contained in this Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights. Except as permitted by law, you must not, and must not knowingly permit others to translate, adapt, modify, alter, decompile, disassemble, reverse engineer, tamper with, circumvent, or create any derivative work of any aspect of the Site and/or the service(s). You will not, and will not knowingly permit others to resell, re-brand, pass-through, assign, or otherwise attempt to make the Site available to any party other than you or any of your employees, agents or sub-contractors who have agreed to be bound by this Terms of Use
Subject to you maintaining your account with Spark New Zealand in good standing and paying Spark New Zealand the applicable Charges for access to the Site, Spark New Zealand hereby makes available to you access to the Site and Globys hereby grants you a revocable, non-exclusive, non-transferable, limited license to view, reproduce, print, and distribute materials retrieved from this Site provided (i) such materials are used only for informational, non-commercial purposes, and (ii) you do not remove or obscure the copyright notice or other notices. Any rights not expressly granted herein are reserved.
The applicable Charges are billed by Spark New Zealand in advance and must be paid by the due date shown on your invoice. "Charges" means any fees payable for use of the Site and related services as varied from time to time, plus any third party charges that Spark New Zealand may pass along to you (including but not limited to any charges for services requested by you or by Spark New Zealand on your behalf from third party suppliers, any third party fee increases, any special or one-off charges, and/or any fees for initiation, connection, or termination of the Site or any aspect thereof). Unless expressly stated otherwise, the Charges are exclusive of GST.
The Monthly Fee entitles you to access the last three (3) months of your call data and the last thirteen (13) months of your statement data.
We specifically reserve the right to refuse to make available on the Site, and/or to remove from the Site, any data input by you that we reasonably determine does not comply with the applicable requirements, specifications and/or standards as set out in this Terms of Use and any user guides and/or which may (i) violate any applicable laws or regulations; (ii) infringe or otherwise violate the rights of any third party; (iii) expose Spark New Zealand or Globys to legal, regulatory or administrative proceedings or (iv) otherwise expose Spark New Zealand or Globys to criminal, civil or other legal liability.
In order to protect the Site, at any time we reasonably determine that the security or integrity of the Site may be at risk, we may temporarily suspend the provision of it. Furthermore, we may terminate the provision of the Site to you if we consider that you may be using or attempting to use it for fraudulent, malicious or illegal purposes, or engaged in other activities that may threaten or cause harm to Spark New Zealand, Globys, any other customer or user of the Site.
No Representations or Warranties
(i) The Site is provided "as is". You acknowledge that you have no claim against us, or any third party service provider for loss or damage arising from the provision or failure to provide the site, THE services or in connection with this Terms of Use; and (ii) all statutory or implied conditions and warranties are excluded to the extent permitted by law.
The presentation of the billing information on this Site may be affected by the type and quality of your equipment and/or events beyond our control, for this reason, we are not responsible for consequential presentation distortions in the information displayed.
The documents, graphics, and images published at the Site could include inaccuracies or errors. In addition, we reserve the right to modify the information contained in the Site without notice. We make no commitment, however, to update the information contained in the Site.
The Site may contain links to other websites that are completely independent of the Site. We make no representation or warranty as to the accuracy, completeness, authenticity, ownership, or legality of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein. We expressly disclaim any liability for such third party information or opinions under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.
We are not responsible for any reliance you make on any opinions expressed at the Site when making business, financial, personal, or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked websites.
To the extent permitted by law, liability under any condition or warranty, which cannot legally be excluded is limited to re-supplying the goods and services or paying the cost of that re-supply, at our option. Subject to the preceding sentence, we exclude all liability to you (whether arising in contract, tort (including negligence) or under statute) for any direct, indirect, special, or consequential loss or damage you may suffer or incur in connection with the Site, even if we are expressly advised of the possibility of such damages. The term "damages" includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information handling system.
Personal Information is collected and used in accordance with Spark New Zealand's Privacy Policy, its obligations under the Privacy Act 1993 and any written agreement you have with Spark New Zealand.
This Terms of Use shall be governed by and construed in accordance with the laws of New Zealand. Disputes arising from this Terms of Use shall be exclusively subject to the jurisdiction of the Courts of New Zealand. This Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. Any provision of this Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from this Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of this Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
This Terms of User do not affect or prejudice your statutory rights (if any) under the Consumer Guarantees Act 1993 ("CGA"). Where you acquire or hold yourself out as acquiring services or using the Site for the purposes of a business, the provisions of the CGA and the conditions, warranties and guarantees set out in that Act will not apply and are excluded from this Terms of Use.
