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Terms and Conditions for CaféNET Prepay Customers

Interpretation

  • "Account" means a username and password registered on-line by you and subsequently used by you to log on to CaféNET.
  • "Go24 DayPass" means 24 consecutive hours of CaféNET services, which you can purchase for your account.
  • "GoAllWeek" means 168 consecutive hours of CafeNET services which you can purchase for your account.
  • "Device" means the hardware you use which is equipped with IEEE 802.11b capability used to access CaféNET (e.g. PC, PDA, Tablet etc...)
  • "General User Radio License (GURL)" means the radio spectrum license covering the 2.4GHz spectrum administered by the Ministry of Commerce in New Zealand.
  • "MByte Quota" means the quantity of Mbytes in your account. MByte Quota can be purchased and added to your account. The balance of Mbytes Quota is decreased as services are consumed on CaféNET.
  • "Services" means Internet access and other related connectivity services provided to you by us.
  • "Token" means a pre-paid card which can be purchased at stores listed on our website. A token will provide a specified MByte Quota or DayPass depending on what you purchase. The token will contain a unique 16-character code which you add to your account via our website.
  • "You" means the customer under this agreement and "your" has a corresponding meaning.
  • "We" or "us" means CaféNET, which is operated by CityLink Ltd or our Zone Operator.
  • "Website" means cafenet.co.nz
  • "Zone Operator" means the company that operates CaféNET in a geographical area of New Zealand.

Commencement of Agreement

This agreement begins upon your completion of an on-line credit card transaction purchasing MByte Quota or a DayPass or with the on-line application of a pre-purchased token.

Service Coverage and Availability

  • CaféNET is a service offered in the locations described on our website. We will do our best to keep this information up to date with all available locations. Any coverage outside of what is described on the website is fortuitous only and could vary.
  • The wireless network provided by CaféNET as a minimum conforms to the IEEE 802.11b standard. Your device must conform to this standard to work with CaféNET.
  • While we do our best to provide quality services, because of the nature of wireless communications operating in New Zealand under a General User Radio License (GURL), it is impossible to provide a fault-free service. The quality and coverage of the service depends partly on your device, partly on our network, and partly on other providers and telecommunications networks to which our network is connected or connects.
  • Coverage and services can be adversely affected by radio interference, atmospheric conditions, network congestion, maintenance, outages on other networks and provider sites or other operational or technical difficulties which means you may not receive services in CaféNET locations at certain times.
  • You agree to follow our instructions about the use of CaféNET and ensure that everyone you are responsible for also meets your responsibilities when using your CaféNET account. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the services. You are responsible if anyone else, whether authorized by you or not, uses or misuses your account to access services.
  • You agree not to use your device or the services for any abusive, illegal or fraudulent purposes.
  • We can require you to stop using your account if we believe you are transmitting (by uploading, posting, email or otherwise) any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
  • The Go24 and GoAllWeek Passes are not designed for extremely heavy users, particularly using peer-to-peer applications constantly. There may be a small number of users who consistently use the network to the detriment of other users. In order to protect the experience of the vast majority of users, if we deem that your use is unfairly affecting other users we will either restrict or suspend your access.
  • You agree that if you do not use your account in accordance with these conditions we may restrict or suspend your use of Services.

Charges and Account Expiry

  • CaféNET services charges are set out on our Website. We can vary these charges from time to time.
  • All charges are in New Zealand Dollars.
  • No bill will be issued of your use of the account
  • A GST receipt is available for credit card purchases. It can be viewed through the "Payment History" in your Account Options.
  • Your account will cease to provide CaféNET services when 24 hours have elapsed on a DayPass, 168 hours have elapsed on a GoAllWeek or when your MByte Quota reaches zero. At this point you will need to purchase another DayPass, GoAllWeek, or MByte Quota to obtain services.
  • Your account will be expired after 12 months of inactivity. Any unused Time or MByte Quota remaining on your account is forfeited.
  • Where your Account has expired but you wish to resume service, you will need to register as a new user and purchase MByte Quota or a DayPass.

 Refund Policy

  • Refunds are provided at the discretion of CafeNET. Where possible CafeNET would prefer to ensure you get the service you request so please contact the local help numbers or email .
  • Refunds for vouchers/tokens need to be sought from the place of purchase.
  • Refunds for credit card payments can be requested online
  • Refunds will be considered for service availability issues for both vouchers and credit cards.
  • Refunds for credit cards will be considered for accidental overpayments e.g. purchasing twice, when clearly only one purchase was intended.
  • Refunds for remaining credit are not provided. 
  • To apply for a credit card payment refund email with details of the when and where physically the transaction was made, and why it should be refunded. You will be notified within 3 days as to whether the refund has been approved.
  • Refunds will be provided back to the original credit card only.

Consumer Guarantees Act and Business Use

  • You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use, or hold yourself out as using the services for the purposes of a business, nothing in these terms and conditions will limit or exclude your rights under the Act.
  • Where you do use, or hold yourself out as using our services for the purposes of a business, then the Consumer Guarantees Act statutory guarantees do not apply to our services and we exclude any liability of any kind (including loss of profits or revenue, loss of use, lost business or missed opportunities, wasted expenditure or saving you might have had) arising from:
    • Your connection to CaféNET;
    • The content, or supply of, or failure, interruption or delay in the supply of any services or any part of them or any negligence in this regard;
    • The fitness of all or any of the services for any purpose.

Hardware and Software.

The device and the set-up of your device which you use to connect to CaféNET is your responsibility. All software used in conjunction with your device is also your responsibility. If you are experiencing difficulty connecting your device to our network at a published CaféNET location the first time you attempt to use CaféNET you should contact your hardware and software supplier.

Ending this Agreement

You may end this Agreement simply by ceasing to use your account. After 12 months inactivity your account will expire.

Notices and Variations of Charges, Terms and Pricing Plans

  • We reserve the right to make changes to our charges, and pricing plans from time to time. If we make any changes to increase/decrease or remove/add any of our charges we will give you at least 14 days prior notice by publishing our plans on the website.
  • We may amend or replace our terms and conditions from time to time. The amended or replaced terms and conditions will then apply to the services. We will tell you about this by posting the amended or replaced terms on our website. You will be bound by the amended or replaced terms and conditions even if you are unaware of amendments or replaced terms and conditions.

Administration Charges

Where you require us to provide you with technical support we may charge you for the costs we incur carrying our these services. If you require prior notification of our current charges please call Customer Services.

New Zealand Law

This agreement is governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.

Waiver

If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercisting that right or power in the future.

Disputes

If you have any dispute with us or our services, please refer that dispute, initially, to Customer Services. If Customer Services are unable to resolve your concerns the matter will be escalated to the Sales Manager.

Force Majeure

We will not be liable for any delay or failure of the services or for any loss or damage from such delay or failure to the extent that it was caused by Force Majeure.