By browsing, accessing or using any Toybox Service you agree to be bound by these specific terms and conditions, which apply in addition to the terms and conditions applicable to your 2degrees Account, our Site terms of use http://www.2degreesmobile.co.nz/sitetermsand any further terms presented during the purchasing process.
We may change these terms and conditions from time to time. If we do this we will publish the amended terms and conditions on www.2degreesmobile.co.nz.
Please check www.2degreesmobile.co.nz regularly as continuing to use the Toybox Service after changes have been published will mean that you agree to these terms and conditions as amended.
Unless stated otherwise, words and phrases used in these terms and conditions have the same meaning given to them in the terms and conditions relating to your 2degrees account.
“we”, “our”, “us” and “2degrees” means Two Degrees Mobile Limited and any related company or third party who we engage to provide or support the provision of the Toybox Service.
“Account” means your pre-pay or post-pay account with 2degrees (as applicable).
“Content” means, without limitation, software, data, applications, information, text, photographs, music, sounds, videos, graphics, logos, symbols, artwork and other material or moving images made available to you through the Toybox Service.
“Toybox Service” means the service through which Content is made available for you to view, browse access and/or purchase subject to these terms and conditions.
(a) All copyright, trademarks, patents, and other intellectual property rights in any Content accessible via the Toybox Service is either owned by us or has been licensed to us by the relevant rights owner for the purpose of our providing the Toybox Service.
(b) We grant you a non-exclusive, non-transferable right to view Content and use the Toybox Service via your PERSONAL COMPUTER, mobile phone or other access device for private, non-commercial purposes in accordance with these terms and conditions.
(a) You, and any persons you allow to use the Toybox Service through your Account, are not allowed to:
(i) pass on any Content (whether wholly or in part) to third parties or allow third parties to access Content other than where expressly permitted by these terms and conditions;
(ii) copy, modify, display, distribute, licence, sell, or otherwise make available Content except as set out in these terms and conditions;
(iii) include or create links (including deep-links) to or from Content and/or the Toybox website;
(iv) replicate the 2degrees homepage or create a separate border around any part of the Toybox website or Content;
(v) use the Toybox Service or Content for any commercial purpose;
(vi) use the Toybox Service and/or any Content available from the Toybox Service for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
(vii) hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Toybox Service or any other website;
(viii) infringe any other person's intellectual property rights, including copyright;
(ix) use the Toybox Service to harvest or collect information about users of the service;
(x) use the Toybox Service or Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate or likely to injure our brand and/or reputation;
(b) You are responsible for any misuse of the Toybox Service via your Account even if the Toybox service is accessed by another person using your Account.
(c) We reserve the right to block or suspend your Account and/or access to the Toybox Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these terms and conditions.
(d) The Toybox Service is available for use by persons in New Zealand. You are not permitted to use the Toybox Service whilst overseas.
(a) Where any of the Toybox Services requires payment by you:
(i) You must make such payment as and when required by these terms and conditions and the terms and conditions applicable to your Account.
(ii) If you are a pre-pay customer charges will be deducted from your recharge credit when you download Content.
(iii) If you are a post-pay customer we include charges on your monthly invoice.
(iv) If payment is not made as required we will be entitled to immediately cease or suspend the provision of the Toybox Service to you and may restrict your future access to the Toybox Service.
(v) All amounts payable by you must be paid in full and without any deduction or set-off.
(vi) All charges are quoted inclusive of GST.
(b) We reserve the right to place a limit or cap on the value of Toybox Services which you may access in any given period.
(c) We may change the price of any Toybox Service without prior notice to you.
(a) You are responsible for ensuring your access device is compatible with any Toybox Service you wish to access.
(b) If your access device does not support technology relevant to the provision of certain Toybox Services, including but not limited to encryption, you may not be able to use all of the Toybox Services.
We will comply with our Privacy Policy available at www.2degreesmobile.co.nz/privacy. By using the Toybox Service you accept this policy as the way we collect, hold and manage your personal information.
We may make available through the Toybox Service links to third party content and websites. We accept no responsibility or liability in relation to any content or security of any other website(s) or their content. We do not endorse any other website(s) to which we provide links or the content of such websites and and you access them at your own risk.
(a) Where any Toybox Service enables you to download Content to a mobile phone, personal computer, personal digital assistant or other access device you must comply with the following conditions:
(i) You may save such Content on your access device but (unless expressly permitted) you are strictly prohibited from saving such Content elsewhere; editing or modifying the Content; copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it.
(ii) You should adjust the personal settings on your access device to ensure that you receive the Content that you have selected.
(iii) By seeking to download Content you confirm that your access device can support the downloading of the relevant Content. We will not be responsible should and you attempt to download Content onto an incompatible device and you will be charged regardless.
(iv) Without limitation, we shall not be liable in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:
A. you have provided an incorrect phone number or other incorrect information before ordering the Content;
B. your message mail box is full and cannot receive additional messages;
C. your access device is switched off, out of range or for some other reason cannot be reached; or
D. any other reason outside our reasonable control.
(a) You must not acquire Toybox Services for the purposes of a business. If you do so, you acknowledge the provisions of the Consumer Guarantees Act 1993 do not apply to any Toybox Services we provide to you.
(b) If you are acquiring Toybox Services other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in these terms and conditions.
(a) While we do our best to ensure the Service is secure, we provide no warranty or guarantee that it is free of viruses, malicious computer code or other forms of interference that may damage your access device
(b) We do not guarantee or warrant that access to the Toybox website, Toybox Services or Content will be uninterrupted, timely or secure and will have no liability to you whatsoever in the event that the Toybox Service is unavailable for any reason.
(a) To the greatest extent permitted by law we exclude any liability of any kind to you or anyone claiming through you for indirect, special or consequential loss, loss of profit, loss of revenue, loss of business or missed opportunity, loss of data, wasted expenditure or lost savings arising from or in connection with your use of the Toybox Services.
(b) If we are found liable to you under these terms and conditions or otherwise at law, to the greatest extent permitted by law, our liability to you or anyone claiming through you in respect of any event or series of related events will be limited to the purchase price of the Toybox Service to whch your claim relates.
(a) You irrevocably agree to fully indemnify and to hold us and our third party providers harmless from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or other liabilities however incurred by us or our third party providers as a result of any claim by a third party resulting from your use of the Toybox Service (or use of the Toybox Service by anyone who accesses the Toybox Service via your Account) in breach or otherwise contrary to these terms and conditions.
(b) You authorise us to resolve such claims however we see fit and agree to provide us and/or our third party providers with all reasonable assistance necessary to resolve such claims at your sole expense.
(a) We may suspend the operation of the Toybox Service:
(i) for repair or maintenance work; or
(ii) in order to update or upgrade the contents or functionality of the Toybox Service from time to time;
(iii) in the event that we believe that you are or may be in breach of these terms and conditions.
(b) If we suspend your access to the Toybox Service to investigate or prevent a potential breach of these terms and conditions, these terms and conditions shall continue to apply during such period of suspension and you shall remain liable for any charges incurred by you during such period.
(c) If we terminate your access to the Toybox Service then you will remain liable to pay any charges incurred by you prior to termination, whether or not the charges relate to Toybox Services to be provided before or after the date of termination.
(d) We may withdraw, cease providing or change the Toybox Service at any time for any reason. Termination of the Toybox Service by us shall not affect the accrued rights and liabilities of either you or us.