Skinny Direct Terms

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Customer Terms

Service Terms

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Customer terms

1. Our agreement

1. If you have a Skinny Direct connection that operates on our Network then you are a Skinny Direct customer and you need to read these Customer Terms and the Services Terms (below) (together, the Skinny Direct Agreement or agreement) which together govern our contractual relationship with you for the provision of Skinny Direct Services on our Network.

2. This agreement applies from 05 September 2016.

3. Depending on what Skinny Direct Services you choose to use of ours, you will also be bound by the specific terms and conditions published on the Skinny Direct Website relating to your Skinny Direct 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 Skinny Direct Plan or the specific terms and conditions relating to the Services you use, 

then the terms and conditions relating to your Skinny Direct Plan or the specific terms and conditions relating to the Services you use will prevail over the terms and conditions of this agreement.

4. For terms relating to other Skinny products and services including Skinny mobile, your Skinny phone, Skinny Broadband, and Skinny’s device repair policy please refer to the Skinny terms at www.skinny.co.nz/skinny-terms/.

5. From time to time, we may need to make changes to this agreement, the Services and/or Charges, and any such changes will be made and notified to you in accordance with clause 14 below. The latest version of this Agreement will always be published on our website.

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 Direct 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 Direct 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 

“Extras Bucket” means a Skinny Direct Account facility that allows you to store credit that can be used for payment for Services which are not included in your Plan or Add-On. Such services may include international calls and texts, roaming calls and texts, premium SMS, etc. Extras Bucket cannot be used to pay for Plans or Add-Ons. Extras Bucket can be topped up by buying $5, $10, $20 or $50 worth of credit using your Payment Card. Your Extras Bucket credit will expire 365 days after date of purchase. We will not give you a refund for any credit that has expired.

"LMNP Terms" means the Terms for Local and Mobile Number Portability in New Zealand, as amended from time to time 

"Mobile Device" means the mobile phone or other telecommunications device (which incorporates a SIM) which is compatible with and 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 our Related Company which we use to provide the Services to you and other customers, including our WCDMA network 

“Payment Card” means the Visa or MasterCard debit or credit card you register with us and use to pay for Skinny Direct products and services

"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 

"Skinny Direct Plan", or “Plan”, means the relevant Skinny Direct Service pricing plan you choose

"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 Device 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 Device, to access the Services on our Network 

"SMS" means a short message service, which is a form of text messaging on Mobile Devices 

"Related Company" means Spark New Zealand Trading Limited or any company which is a direct or indirect subsidiary of Spark New Zealand Trading Limited, or who would otherwise be deemed to be a related company of Spark New Zealand Trading 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 Device, or by using such other contact details which are updated by us on the Skinny Direct Website 

"Skinny Direct Account" or “Account” means the account which records details of the amount of Services you have used or paid for and the Service quota remaining on your Skinny Direct Plan from time to time 

"Skinny Direct Services" means voice, SMS, data and any other Services provided by us where you pay the Charges through your debit or credit card before using the Services  "Skinny Direct Website" means our website at www.skinnydirect.co.nz or such other website that we notify you of from time to time 

"we", "our" or "us" means Skinny, a division of Spark New Zealand Trading Limited, trading under the brand Skinny or Skinny Direct

"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 Direct mobile phone number to use with your Skinny Direct Account, or when you first pay for the Services or when you first use the Services, whichever happens first.

4. Provision of Services

1. Skinny Direct Services allow you to make and receive most local, national and international calls (when within our Network coverage area) using a Mobile Device, and access a range of other Services. You will need a Skinny Direct SIM and a compatible Mobile Device 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 and with reasonable care and skill. 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 and our Services’ reliance on systems and other services that we do not own or control. We therefore cannot promise or guarantee that our Service will be continuous or fault-free or available at a particular location.

3. The quality, speed and coverage of the Services also depends partly on your Mobile Device, 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. 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.

6. 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;
  • not use your Mobile Device or the Services in a way that is abusive or offensive or for an illegal or fraudulent purpose;
  • not use your Mobile Device or the Services in a way that interferes with any other person's use or enjoyment of the Services;
  • not use your Mobile Device 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 our Services for personal use only and in accordance with clause 4.9 below; 
  • use only Mobile Devices and accessories approved for use with our Network and which comply with all relevant legislation and regulations (for example, those that you have purchased from us or our authorised retailers;
  • 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 Device;
  • 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, acting reasonably and in good faith, that it is 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 Device in order to perform any tasks that are reasonably necessary to protect you or our other customers and their use of the Services, and 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;
  • comply with the terms of any loan agreement you agree with us relating to any Mobile Device or other equipment you rent from us or that is loaned to you, and return it to us in the same condition you received it, or pay us the replacement costs of such;
  • that you may not transfer any benefit or obligation of this agreement it to any other person, 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 Device and the Services in breach of this Agreement. The indemnity in this clause shall extend to our officers, employees, contractors and agents and those of any other Related Company.

7. You agree to make sure everyone who uses your Mobile Device or SIM complies with the obligations and responsibilities set out in clause 4.6 above. You can take steps to prevent unauthorized use of your Services (for example by using passwords, PIN numbers and other security measures to control who gains access to and uses your Mobile Device and Services).  

8. Our Services are for personal use only, which means that they are for an individual person to use for reasonable personal and private use only. Any use of our Services for business use, or for large organisations or groups, is not personal use and is prohibited.

9. Skinny Direct doesn’t have a general Fair Use Policy. However, specific terms, requirements and/or policies relating to fair use may apply to certain Services as communicated in the service terms applicable to such Services. 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 or switch your existing Skinny Mobile number, we will allocate a mobile phone number to you for use with your Mobile Device 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, acting reasonably and in good faith and taking particular facts of each case into consideration, and our decision will be final.

2. If you have an existing Skinny Mobile number you may switch this to your Skinny Direct Account on agreeing to Skinny Direct’s switching terms on the Skinny Direct Website.

3. In exceptional circumstances, we may be required to change the mobile phone number you use with your Mobile Device or SIM. Where we are required to change your allocated mobile phone number we will try and give you notice of this change.

4. 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;
  • you will be responsible for all costs associated with Porting the mobile phone number (for example, the cost of a new SIM that is compatible with that other Mobile Service Provider, or any outstanding charges that you owe us);
  • If you have not Ported the mobile phone number allocated to you prior to either the termination of this agreement, your Skinny Direct Account being deactivated or your access to the Services being disconnected, we may reallocate that number to another customer;
  • If you change from your allocated Skinny Direct number, Skinny may make the original number available for future allocation to another person.
  • If you have interest free mobile device payments with us, you will need to pay off your mobile device first. For more information on interest free mobile device payments, click here.

6. Wireless data and content

1. If the Services provide links to third party sites and/or Content, we are not 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 in order to maintain the integrity or performance of our Network and/or our Services and, acting reasonably and in good faith, remove any Content we consider to be in breach of any law or third party right. Where we remove any Content in accordance with this clause we will notify you that we have done so and provide you with a reason.

3. Without limiting your rights under the Consumer Guarantees Act 1993, 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 Device;
  • fixing any faults in your Mobile Device or SIM as a result of you accessing Content;
  • Unwanted programs or Content may be downloaded from the internet without your knowledge, which may give unauthorised persons access to your Mobile Device. You are responsible for ensuring that your Mobile Device has appropriate protections against such unauthorized access and we are not responsible for any such unauthorised access or any damage or loss suffered as a result.

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 Device and the SIM secure at all times. We recommend, in order to prevent unauthorised use of your Mobile Device and Services that you use a PIN and other access code features provided with your Mobile Device 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. While we will use security screening and authentication checks where available, we may assume that any request or instruction we receive is authorised by you if it is made from your Mobile Device.

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 by calling Skinny Customer Services who can talk you through it. Take care when entering the PUK1 Code because 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. Because of the nature of the SIM technology we will not be able to get this information back for you. 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 Device or SIM supplied to you is lost or stolen you must immediately block your SIM via the Skinny Direct Dashboard section at the Skinny Direct Website, or by calling Skinny Customer Services who can talk you through it. This will stop usage Charges to your Skinny Direct Account. You will remain liable for all Charges incurred in relation to the use of your Mobile Device or the SIM up to the time you inform us that your Mobile Device or SIM is lost or stolen and we have activated a block on your Mobile Device, whether the Charges have been incurred by you or someone else. You can take steps to prevent unauthorized use of your Services (for example by using passwords, PIN numbers and other security measures to control who gains access to and uses your Mobile Device and Services).  If your Mobile Device is lost, stolen, damaged or destroyed, we will have no obligation to make a refund to you for any Service quota or credit left on your Skinny Direct Account and you will need to purchase a new Mobile Device and/or SIM if you wish to continue using the Services.

5. If equipment, including your Mobile Device 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. If you have a Mobile Device that is SIM locked to our Network (a Skinny SIM Locked Mobile Device), 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 Device 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. An unlock fee applies if network locking is removed from any Skinny SIM Locked Mobile Device within the first nine months of being used on our Network (e.g. from the first time the Skinny SIM Locked Mobile Device is turned on and connects to our Network). The unlock fee is usually $30 (including GST), unless otherwise stated. There is a limited number of times an unlock code can be entered and attempted in a Skinny SIM Locked Mobile Device, 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 Device without using our authorised unlocking process will render any applicable warranty associated with that Mobile Device void, and may cause technical issues and damage to the Mobile Device or Services for which we will not be responsible or liable. To unlock your Skinny SIM Locked Mobile Device 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 Direct Account with a registered Payment Card, and an active Skinny Direct Plan. All purchases of Services will be charged to your Payment Card, including Plan Charges, Add-On purchases, and Extras Bucket credits. For more information on how to pay for your Skinny Direct Services please refer to the Skinny Direct Website or contact Skinny Customer Services. Subject to clause 11 (if applicable), any Service quota or credit on your Skinny Direct Account is not refundable at any time (for cash or otherwise) including but not limited to when you do not comply with these Customer Terms, the Service Terms or any other terms we publish from time to time, or when any incorrect information, data or amount has been entered when using the Services (other than by us). No bill will be sent to you in relation to your use of Skinny Direct Services, however you can check your account balance and activity of your Skinny Direct Account in a number of ways, i.e. using the Skinny Direct App, the Dashboard, or by calling Customer Services. To contact Skinny, please phone 0800 4754669 (08004SKINNY). Opening hours: Mon-Fri 8am - 7pm; Sat & Sun and all Public Holidays 9am - 5pm.

2. The Charges for calls made from your Mobile Device are set out in your Skinny Direct Plan. Generally, for premium, international and roaming calls there is a minimum one minute charge for each call and calls are charged by the minute. Skinny's data rates for included data in a Skinny Direct 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)).

3. Premium, international and roaming SMS is charged per SMS sent. Please see your Skinny Direct Plan for more information about Charges for calls, SMS and data. The Charges for our other Services are set out on the Skinny Direct Website. We may change our Charges from time to time and will notify you of any changes in accordance with clause 14.

4. You will be charged for each MMS message that is sent from your Mobile Device (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 Device within NZ. Skinny Direct does not currently have any Plans that include an MMS message allowance. MMS messages cost 50c per message to any NZ network. All charges for MMS messages are deducted from your Skinny Direct Extras Bucket balance if a MMS message is sent from your Mobile Device (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 50c credit remaining in your Extras Bucket. 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. 

5. You are responsible for the use of your Mobile Device and you are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Device or SIM (with or without your knowledge). This includes when your Mobile Device or SIM has been lost or stolen, and prior to us activating a block on your Mobile Device or SIM.

6. If the minutes quota on your Skinny Direct 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 quota has been used up.

7. If your data quota is used up while you have an open data session, the session will be terminated.

8. If your 30 day Plan payment fails, an attempt to process the payment will be made every day for 30 days until the payment is able to be processed. During this time (or any time your Skinny Plan is inactive), you will not be able to make any outgoing calls (except to emergency services on 111 or to Skinny customer services) or use any other Services that would incur a Charge. If you don’t want us to automatically attempt payment, you can cancel your Plan by going to your dashboard and selecting ‘Cancel your Plan.

If you have interest free mobile device payments with us, you will need to pay off your mobile device before you can ‘Cancel your Plan’. For more information on mobile device payments, click here.

9. You must purchase a Skinny Direct Plan at least once every 12 months, otherwise your Skinny Direct Account will be deactivated. When your Skinny Direct Account is deactivated all Service quotas or credits will expire. You will not receive a refund for any unused or expired Service quotas or credits. If this happens, clause 10.3 will apply.

10. If you damage or lose your SIM you can purchase a new SIM from the Skinny Direct Website and transfer your number to that new SIM by calling Skinny Customer Services who can talk you through how to do it.

11. You are responsible for any roaming services charges you incur, and you are liable for all charges incurred on your Payment Card or deducted from your Extras Bucket while roaming.  Please note that there may be a delay for roaming services charges to appear on your account because the information must first be provided to Skinny from the overseas network operator. To help you manage the Charges when you are roaming you can check out our helpful roaming tips on our Website.

12. From time to time we may change Charges, and we make such changes and notify you in accordance with clause 14 of these Customer Terms.

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 Device or SIM does not comply with the terms and conditions of this agreement or any other agreement with us, including any terms and conditions relating to Additional Services;
  • you or anyone who uses your Mobile Device or SIM damages our Network or puts our Network at risk;
  • you harass, abuse or threaten our staff;
  • you notify us that your Mobile Device or SIM has been lost or stolen;
  • we may also need to suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading;
  • when we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 9.1 above, you may have to purchase a new SIM, Skinny Direct Plan or Mobile Device, before you can use the Services again;
  • please note that Skinny Direct Accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be entitled to any Service quota or credit remaining on the account.

10. Giving up or ending services

1. You may end this agreement at any time for any reason by:

  • cancelling or not renewing for 12 months your Skinny Direct Plan. Your Skinny Direct SIM will then automatically deactivate 12 months after the last activity on your account;
  • porting your mobile phone number to another Mobile Service Provider;
  • contacting Skinny Customer Services.
  • If you have interest free mobile device payments with us, you will need to pay off your mobile device before you can ‘Cancel your Plan’. For more information on mobile device payments, click here.

2 We may end this agreement immediately without notice to you if:

  • we have the right to suspend your access to the Services for any of the reasons set out in clause 9.1 above that have not been rectified within two weeks;
  • you breach this agreement in a material way (for example, if you do something that could negatively impact on our Network) and do not put it right within seven days of us asking you to, or
  • you become insolvent or bankrupt, or a receiver, manager and receiver, or statutory manager is appointed over any or all of your assets, or any resolution is passed, or any proceeding is commenced to wind you up or liquidate you, or your poor payment history indicated, acting reasonably and in good faith, that you are unable to pay Charges.

3. If this agreement ends for one of the reasons in clause 10.1 or 10.2 above:

  • any unused Service quota or credit on your account will lapse;
  • any names, numbers and other information stored on your SIM may be lost;
  • 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;
  • If this agreement ends or you give up any Service and later want it reconnected, you may have to purchase a new SIM or Skinny Direct Plan;
  • Ending this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards.

11. Consumer Protection Legislation and Liability

1. As a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these Terms, and are not impacted by anything in this clause 11. The website www.consumeraffairs.govt.nz is a useful place to visit to help you understand your rights under this legislation.

2. If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993 you acknowledge that the provisions of that Act do not apply to the Services that that we provide to you under this agreement.

3. Your liability to us:

  • you accept your liability to us for breach of contract or negligence, and
  • you are not liable for any loss to the extent that it is caused by us (for example, through our breach of contract or negligence).

4. Our liability to you:

  • we accept our liability to you for breach of contract or negligence subject to clause 11.9, and for our breach of consumer protection laws, such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 to the extent they apply to you. 
  • we are not liable for any loss to the extent that it is caused by you (for example, through your breach of contract or negligence).

5. We are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings.

6. You may become aware that you have suffered loss before we do.  If you suffer any loss as a result of this agreement, you agree to take reasonable steps to avoid or minimise your loss and that we are not liable for any loss that results from your failure to take reasonable steps to do so.

7. We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you.  However, if we are prevented from performing any obligation in these Terms 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 its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the services be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated by this clause 11.7. You will not be required to pay any Charges for any Services to the extent that such Services are not provided by us due to the circumstances contemplated by this clause 11.7.

8. No other Spark company, network operator and/or third party supplier (including their officers, employees, contractors and agents) will be liable to you for loss or damage of any kind arising from your use of the Services. This clause creates a right and benefit that other Spark companies, network operators and/or suppliers can enforce as a defence to any claim.

9. If we or any of the other parties listed in clause 11.8 above are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clause 11.8 (together) will have to pay you and anyone else who uses the Services we provide for you (together), will be:

  • $1,000 for any event or for any series of related events; and
  • a total of $5,000 in respect of all events in any 12 month period,

provided that you notify us of your claim within 12 months after you reasonably became aware of the occurrence of the relevant event or series or events that gave rise to your claim.  These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

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 contact you about Skinny products and services and/or 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 Dashboard section on the Skinny Direct 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:

  • 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;
  • 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;
  • 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;
  • we may also collect, store and use information about you in accordance with our Privacy Policy that can be found on the Skinny Direct Website;
  • you must amend your details on the Skinny Direct 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.

5. How we use your information:

We use your information to measure the number of visitors to different parts of the site and for a number of different purposes connected with the provision of telecommunication services, for example, to measure the effectiveness of advertising.

Although we may publish aggregated information about usage patterns, we do not disclose information about individual machines or persons except for the reasons set out below in this section. We do not sell information which identifies you personally. We may gather more extensive information if we are concerned, for example, about security issues. If we think it is necessary, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.

If you choose to provide us with personal information such as your email address, for example by filling out an electronic query or order form, we will use the information to communicate with you in relation to all the goods and services which we provide to you or which we consider might be of interest to you. This may include email marketing. Personal information will be stored and used in accordance with our Terms and Conditions.

6. Use of cookies for advertising and analytics:

Our website places a cookie on the hard drive of your computer. A "cookie" is a file which allows us to track and target the interests of users. In addition, our website uses third party cookies from Google Analytics for Display Advertisers, including the following features:

  • Google Display Network Impression Reporting - which gives us additional insight into who has viewed our paid digital advertising on other websites. This will help us optimise and tailor our advertising.
  • DoubleClick Platform integrations & Remarketing with Google Analytics – the integrations between both our web analytics and paid advertising platforms together to give us additional insight. This allows us to tailor our advertising to ensure the right types and offers are shown to you while you are using the internet outside our website.
  • Google Analytics Demographics and Interest Reporting - which gives us insight into behaviour information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behaviour to give you a better experience whilst visiting our sites.

Cookies are used to analyse your use of our website and to serve ads when you visit our website. The information we collect and share with third parties through cookies is aggregated and therefore anonymous (it does not include personal information which is likely to identify you). The information may be used to serve you ads in relation to our products when you visit our website and third party websites. You can access information about Google's Privacy Policy here.

While we recommend that users enable cookies on their browsers in order to enjoy all the features of our website, the decision remains in the hands of the individual. Most browsers allow you to control management of cookies, this will be different depending on each user's PC - refer to your browser help menu for further information.

14. Changing these terms, Charges and Services

1. Changes to terms: From time to time we may need to change the terms of this Agreement by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. If we determine, acting reasonably and in good faith, that a change will have, or is likely to have a detrimental impact on you, we will give you at least two weeks’ notice of the change. We will tell you about any changes to the terms of this Agreement by SMS messaging you and/or emailing you, and will publish the change on our website. Your continued use of our Services after changes have been notified to you in this way indicates your acceptance of those changes.  If you do not agree to the changes you may exercise your right to terminate this agreement.  

2. Changes to Charges:  We may change our Charges from time to time. When we decrease charges for any Services we may make the change immediately and we will tell you about the change as soon as possible after the change has been made by SMS messaging you and/or emailing you, and publishing the change on our website. When we increase Charges for any of our Services (including introducing charges for Services that are currently free) and you are impacted by the change, we will give you one month’s notice of these changes. We will notify you of these changes by SMS messaging you and/or emailing you, and publishing the change on our website.

3. Changes to Services: We may alter our Services from time to time. If we reasonably consider that a change to our Services is likely to benefit you or have a neutral impact on you we may make that change immediately and will tell you about the change as soon as possible after the change has been made by SMS messaging you and/or emailing you, and publishing the change on our website.  Examples of changes that will benefit you include inclusion of additional benefits in your Skinny Direct Plan.  Examples of changes that will have a neutral impact on include changing the name of a Skinny Plan.

If we alter our Services in a way that reduces the Service offering currently received by you and the change is within our control we will provide you two weeks’ notice, of such alterations. However, if the change is outside of our control, and it is possible, we will provide you notice of the change beforehand.  If the change is outside of our control and we are unable to provide you notice of the change beforehand we will provide you notice as soon as possible after the change has been made.  We will tell you about any such alterations by SMS messaging you and/or emailing you, and publishing the change on our website.

We may change you to a new Skinny Direct Plan if we consider, acting reasonably and in good faith, that you will be better off, and will give you two weeks’ notice of such a change by SMS messaging you and/or emailing you, and publishing the change on our website.

4. Right to Terminate: If you do not agree to any changes made in accordance with this clause, you may exercise your right to terminate this Agreement by ceasing to use the Services.

15. 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.

16. Transferring our responsibilities

We may transfer to someone else all or any part of our side of the agreement you have with us, for example if our company ownership and/or structure changes.

17. 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.

18. 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.

19. 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.

20. 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.

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Service Terms

Introduction

The following terms (the Service Terms) describe the terms and conditions that apply to Skinny Direct Services and Additional Services. The Skinny Direct Customer Terms apply in addition to these Skinny Direct Service Terms. Any defined terms used in these Service Terms have the same meaning as given to those terms in the Skinny Direct Customer Terms. If you have a Skinny Direct connection that operates on the Network then you will need to read and understand these Service Terms.

Changes to these terms

From time to time Skinny Direct may need to change these Services Terms, and/or Services and Charges.  Any changes will be made, and notified to you, in accordance with clause 14 of the Customer Terms. Skinny Direct Services are for personal use only, which means that they are for an individual person to use for reasonable personal and private use only. Any use of our Services for business use, or for large organisations or groups, is not personal use and is prohibited.

Plan and Add-On Details

Skinny Direct Plans allow you to use your included mins, texts, and data for 30 days from purchase. Your plan will auto-renew every 30 days (unless cancelled), and your Payment Card will be automatically charged the corresponding Plan amount.

Changing Plans

You can change your Skinny Direct Plan via the Skinny Direct App or on your Dashboard page. Once you’ve purchased a new Plan, the data, mins and txt quota of the new Plan will be immediately added to your Skinny Direct Account. The renewal date/time for your new Plan will be based on the purchase date of the new Plan. Your previous Plan will be deactivated, which means it will not be renewed once it expires. Any unused quota from your previous Plan will remain available for you to use until its expiry date. If you have interest free mobile device payments with us, a mobile device payment will be charged when you change your plan. For more information on mobile device payments, click here, click here.

You can cancel your Skinny Direct Plan via the Skinny Direct App or on your Dashboard page. Once you cancel your Plan it is immediately deactivated. This means that you can no longer use your phone to make calls, send texts or use mobile data, or purchase Add-Ons. Any unused minutes, texts, data or credit will remain on your Skinny Direct Account until the date/time they expire. If you purchase another Plan prior to the expiry date/time you will be able to use any remaining unused minutes, texts, data or credit until the date/time of expiry. If you have interest free mobile device payments with us, you will need to pay off your mobile device before you can ‘Cancel your Plan’. For more information on mobile device payments, click here.

Rollover Data

Eligible plans: Rollover Data only applies to the included data on the $35, $50 & $65 plans. Data in any Add-On with one of these plans does not rollover. Data included in mobile plans or packs which pre-date 11 September 2017, Spark Unlimited Plan, Spark Digital Mobile Plans, or any Mobile Extras does not roll over. Data included in mobile plans or packs which pre-date 11 September 2017, Spark Unlimited Plan, Spark Digital Mobile Plans, or any Mobile Extras does not roll over. Data included in mobile plans which pre-date 24 September 2017 does not roll over.

Expiry & Usage: If you have any unused included data on your plan renewal date, it will rollover provided your plan auto-renews. You can keep and use any Rollover Data for 12 months from the date of original purchase. If you move to another eligible plan your Rollover Data remains valid. However, if you move to a non-eligible plan, or if your eligible plan failed to renew at the end of its cycle, your Rollover Data will be frozen. You can continue using your Rollover Data if you activate an eligible plan. While your plan is frozen the 12 month expiry continues to run. Rollover Data on the $35, $50 & $65 plans is for data usage in NZ only.

Order of Usage: The data allowances will be available to you in the following order: 1. Any standard NZ data, 2. Rollover data. Rollover data is used in order of expiry, and data quantities expiring soonest will always be used first.

Checking rollover accrual & usage: Login to your Skinny Direct dashboard online or via your Skinny Direct app to check your accumulated rollover data and expiry dates.

General: Rollover data is non-refundable, non-redeemable for cash or other, and is not transferrable to another person.Data included in mobile plans or packs which pre-date 11 September 2017, Spark Unlimited Plan, Spark Digital Mobile Plans, or any Mobile Extras does not roll over.

Unlimited NZ & Australian Texts

Texts are standard person-to- person human finger use in NZ only to any NZ & Australian mobile network (excludes premium and non-standard texts, shortcodes, and other international numbers). Texts are not to be used for machine generated or automated texting, telemarketing, bulk messaging, application-to-person communication, or any other activity that Skinny Direct considers to be non-standard personal usage (“Prohibited Usage”). If such Prohibited Usage continues despite notification from us, we may remove your Skinny Direct Plan immediately without notice.

Unlimited NZ & Australian Minutes

Unlimited NZ Minutes are for standard person-to- person voice calls in NZ only to standard NZ & Australian numbers (you need to be talking to another person). Excludes premium and special numbers. Unlimited Minutes cannot be used for multiple simultaneous calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to- person communication, continuously call forwarding, auto-dialing, machine-to- machine communication (including by using your SIM card in any other device), Cellular Trunking Units (CTUs), or any other activity that Skinny Direct considers to be non-standard personal usage (“Prohibited Usage”). If we consider that you are engaging in Prohibited Usage we may contact you and ask you to stop such usage. If such Prohibited Usage continues despite notification from us, we may remove your Skinny Direct Plan immediately without notice. Premium rate numbers mean any international calls, 0900 calls, premium number calls, operator assisted calls, directory related services, chargeable special short code numbers and Prohibited Usage.

Unlimited Voicemail

Any number of voicemail messages may be checked per access. Calls to your voicemail account from your mobile phone are free regardless of duration. Calling and checking voicemail while roaming overseas is charged at the same roaming rate as a call to NZ from your overseas destination. Unlimited 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, on video-capable mobiles. Unlimited NZ video calls are included in your Skinny Direct Plan.

Unlimited $79 Plan/Combo

Your Data:  Unlimited data for personal NZ use on your mobile only.  Max speeds reduced after 22GB of data usage per billing cycle.  You will still be able to use your data like you did before but you will experience some degradation (such as lower video resolution) when watching video, streaming or loading images.

Calls & Texts:  You get unlimited calls and texts in NZ only to standard NZ & Australian numbers (you need to be texting another person).  Excludes premium and special numbers and roaming.

Machine to machine services, tethering, mobile hotspots or any other similar activity that Skinny Direct considers to be non-standard personal usage is prohibited (“Prohibited Usage”). If we consider you are engaging in Prohibited Usage we may ask you to stop such usage and if it continues, remove your subscription immediately with notice.

Network Management: Service may be slowed, suspended, terminated, or restricted for misuse or interference with our network.   Skinny Direct reserves the right to remove the offer or the plan from the market (and recommend migration to the best alternative plan) in accordance with our standard terms. 

Data Add-On

If you have used all your Skinny Direct Plan’s included data before its renewal date your data will stop, and you will need to purchase a Data Add-On to be able to use data. The Skinny Direct 1GB Data Add-On is only available with an active Skinny Direct Plan.

How does it work?

When you buy the 1GB Data Add-On your Payment Card will be charged the full amount for your Add-On and you will receive the full included quota at the time of purchase. Your Add-On data will last for 30 days, or less if you use it up sooner. You can buy more than one Data Add-On. The data will be used in the order of expiry date – earlier expiry will be used first. The Data Add- On does not auto-renew. If you choose to change Plan your Add-On Data will remain available for you to use.

If you cancel your Plan you will not be able to use your Add-On data. If you then purchase a new Plan, any unused Add-On data on your account will become available to you, providing it hasn’t expired prior to the new Plan date.

International Calling Terms & Conditions

International Calling Add-Ons

  • Aussie Chat Add-On gives you 120 minutes to use for calling landlines and mobiles in Australia. Calls will be rounded up to the closest minute.
  • Overseas Chat Add-On gives you 300 minutes to use for calling landlines and mobiles in China, Hong Kong, India, UK, USA, Canada, Singapore, Thailand, Belgium, France, Denmark, Germany, Italy, Poland, Portugal, Spain, Sweden, South Korea, Malaysia, Bangladesh, Ireland, Netherlands or South Africa. Calls will be rounded up to the closest minute.
  • The Aussie and Overseas Chat Add-ons will be valid for 30 days from purchase, and will not roll over.
  • If you have used up your Aussie and Overseas Chat minutes’ allocation, Skinny Cheap International Calling Rates will apply.
  • You cannot use your Aussie and Overseas Chat minutes allocation if you are roaming. Standard roaming rates will apply, or purchase an Overseas Roaming Add-On.

Cheap International Calling Rates

If you don’t purchase an International Add-On, or if one is not available for your calling destination, all your international calling charges will be deducted on a pay-as- you-go basis from your Extras Bucket, at Skinny Direct Cheap International Calling Rates. If your Extras Bucket doesn’t have sufficient credit you will not be able to make international calls, and you will need to top up your Extras Bucket. 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 rate landlines. If calling from outside NZ, roaming charges apply.

Global Roaming Terms and Conditions

Skinny Direct offers a Global Roaming service, which enables you to make and receive voice calls, send and receive text messages, and access packet data in countries that are included within Skinny Direct Roaming Add-Ons.  Data Roaming in countries which are not part of Skinny Direct Roaming Add-Ons is not currently available. The roaming services that are available for you are dependent on the Spark network you have access to, the specific device you own as well as the Skinny Direct rates you are signed up to. For more information on where you can roam and what services you have access to please login to the Skinny Direct website www.skinnydirect.co.nz.

Service

Roaming relies on the use of overseas Telecommunications networks which we do not control and therefore we cannot offer any guarantees about the quality of roaming services. Some services, such as video calling, may not be available while roaming. The use by you of overseas Telecommunication networks will be subject to the terms and conditions of the relevant overseas network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement

If you are travelling through the service range of a network not supported by the Skinny roaming partner alliance you will only have access to emergency services - e.g. you will not be able to make or receive voice calls/texts, make a data connection or have access to voicemail. If you attempt to access roaming services on a network that is not supported by the Skinny Direct roaming partner alliance you will get an operator notification.

Lost or stolen SIM while Roaming

Skinny Direct SIMs are valuable pieces of hardware and are linked to your Skinny Direct Account. If your mobile has a Skinny Direct SIM you should treat it like a credit or bank card, and keep it secure at all times. If your Skinny Direct SIM is lost or stolen while overseas you must contact the Overseas Roaming Helpdesk immediately or on +64 3 371 0866 to deactivate your card, otherwise it could be used by others to incur charges.

Charges and Zone Based Pricing

The charges that apply to roaming are in addition to any other charges which apply to your Skinny Direct Plan. The charges for roaming may include charges for voice calls and other messages sent and received or for accessing VAS/WAP and Internet services. The charges for Roaming will be determined by Skinny Direct and/or the overseas network operator. Roaming charges vary by call type and by country. Please use the Skinny Direct Website for further information on zones and pricing. Minutes, texts and data included in your regular Skinny Direct Plan are for use in NZ and cannot be used while roaming. Our MMS service is not available or suitable for use while roaming or for sending to international networks from your Skinny Mobile Device within NZ.

Charges listed for incoming and outgoing calls while roaming are charged per minute (you pay the full minute rate for each minute or part minute). Texts sent while roaming should be limited to 160 characters or else they will be split and sent as two texts. If this occurs you will be charged for each text. Data roaming is charged in 10kb increments and will be deducted from your Overseas Roaming Add-On data allowance. Calling and checking voicemail while roaming overseas is charged at the same roaming rate as a call to NZ from your overseas destination.

In most cases, roaming charges do not attract NZ G.S.T. Skinny reserves the right to change the Overseas Roaming pricing from time to time and we will endeavour to give you at least 10 days’ notice of any change by posting the amendments on our website. Additional charges may be incurred when calling premium or other special numbers (eg 0900, 0172 etc) while roaming. Please check the Skinny Direct Website regularly for the most up-to- date charges.

Billing

If you purchase an Overseas Roaming Add-On, your Payment Card will be charged the Add-On purchase amount. Your usage will then be deducted from your Add-On quotas until the quotas are used up. If you don’t purchase an Overseas Roaming Add-On, or if one is not available at your roaming destination, all your roaming charges will be deducted on a pay-as- you-go basis from your Extras Bucket. You may incur charges for voicemail deposits when your device is connected to an overseas network, regardless if the device is switched on or off.

There can be a delay for billing roaming services because the information must first be provided to Skinny from the overseas network operator. Note that this could take up to 8 weeks in some cases. Any delay in billing does not affect Skinny's right to charge you for your roaming charges, and you agree to pay all charges in full when they are due.

You are liable for all charges deducted from your Extras Bucket while roaming. If your phone or Skinny Direct SIM is lost or stolen while overseas, you must advise us immediately. To do so, contact the Helpdesk on 0800 475 4669 from within New Zealand or on +64 3 371 0866 from overseas. The account holder is responsible for all charges incurred through the use of their phone or SIM up until the time you advise us that it has been stolen or lost.

Promotional offers available to Skinny Direct customers in New Zealand will not apply when using the roaming service unless they are specifically related to roaming.

ZONE ADD-ON’S

Aussie Roaming Daily and Aussie Roaming Weekly

Packs are available for 24 hours or 7 days respectively

Incoming calling allowances have been included to allow customers to receive calls on their mobile.

The outgoing calling allowance is for use within Australia as well as any country around the world.

The included texts allowance is for sending texts to Australian numbers as well as sending messages overseas.

The Aussie Roaming Daily and Aussie Roaming 500 Weekly can only be purchased as a one-off pack, and does not automatically renew. Once the pack is used customers will revert to casual rates for text, making calls and receiving calls. These rates will be charged to your Extras Bucket. Casual data rates are not available. The inclusions within this pack apply for prepaid roaming usage in Australia only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights).

Aussie Roaming Daily and Weekly will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, and will expire 24 hours (Roaming Daily) or 7 days (Roaming Weekly) after purchase, or full consumption of inclusions. In order to avoid your Add- On being consumed outside of Australia it is recommended you purchase it once you land in Australia.

Aussie Roaming 300 (300MB) and Aussie Roaming 500 (500MB)

Add-Ons are available for 7 days, and is a one-off purchase.

Once the Add-On is used customers must purchase another Overseas Roaming Add-On to continue to use data roaming.  Casual data rates are not available.

The data inclusion within this pack applies for prepaid and roaming usage in Australia only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights).

The Prepaid Aussie Roaming Data Pack will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of Australia it is recommended you purchase it once you land in Australia.

International Daily Data Roaming 1

Pack is available for 24 hours, and is a one-off pack.

Once the Add-On is used customers must purchase another Overseas Roaming Add-On to continue to use data roaming.  Casual data rates are not available.

The data inclusion within this pack applies for prepaid and roaming usage in UK, USA, Hong Kong, or Saudi Arabia only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights).

The Prepaid International Daily Data Roaming 1 will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of the country you are travelling to it is recommended you purchase it once you land in.

International Daily Data Roaming 2

Pack is available for 24 hours, and is a one-off pack.

Once the Add-On is used customers must purchase another Overseas Roaming Add-On to continue to use data roaming.  Casual data rates are not available.

The data inclusion within this pack applies for prepaid and roaming usage in Canada, China, Fiji, Samoa, Nauru, Vanuatu, Tonga, or Papua New Guinea only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights).

The Prepaid International Daily Data Roaming 1 will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of the country you are travelling to it is recommended you purchase it once you land in.

International Daily Data Roaming 3

Pack is available for 24 hours, and is a one-off pack.

Once the Add-On is used customers must purchase another Overseas Roaming Add-On to continue to use data roaming.  Casual data rates are not available.

The data inclusion within this pack applies for prepaid and roaming usage in France, Indonesia, Japan, Singapore, Thailand or South Korea only – allowances are not valid within New Zealand, or in other roaming destinations (including Cruise Ships or Flights).

The Prepaid International Daily Data Roaming 1 will be activated immediately after purchase in NZ or Overseas, whenever the purchase is made, or after full consumption of inclusions. In order to avoid your Add-On being consumed outside of the country you are travelling to it is recommended you purchase it once you land in.

Operator assisted calls

Your Extras Bucket will be charged the full minute rate for each minute or part minute.

International Call and Text charges

Please use the Skinny Direct Website for further information on international calling rates, add- ons and pricing.

Other Services

0900, premium numbers and short codes

Calls to 0900 numbers are not supported. Calls to other premium numbers are charged to your Extras Bucket the full minute rate for each minute or part minute. For a list of available short codes and charges see 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. NZ Video calling is included with your Unlimited NZ minutes. International Video calling is charged at the same rate as our standard international rates for voice calling. You can view our international rates at the Skinny Direct Website.

SIM Unlocking and Fee

If you have a Mobile Device that is SIM locked to our Network (a Skinny SIM Locked Mobile Device), 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 Device may only be unlocked by obtaining the manufacturers unlock code. An unlock fee applies if network locking is removed from any Skinny SIM Locked Mobile Device within the first nine months of being used on our Network (e.g. from the first time the Skinny SIM Locked Mobile Device is turned on and connects to our Network). The unlock fee is usually $30 (including GST), unless otherwise stated. After that time, it is free to unlock your phone. 

To unlock your Skinny SIM Locked Mobile Device, contact us here

There is a limited number of times an unlock code can be entered and attempted in a Skinny SIM Locked Mobile Device, 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 Device without using our authorised unlocking process will render any applicable warranty associated with that Mobile Device void, and may cause technical issues and damage to the Mobile Device or Services for which we will not be responsible or liable. 

Excluded usage and services

  • SMS Delivery Status Reports are not currently supported.
  • Voice over Internet Protocol (VoIP) is not supported, and we cannot guarantee that access or performance levels will be maintained.
  • 3 Way Calling and Call transfer are not supported.
  • Any applications you accept for use on your device are your own responsibility. Skinny Direct 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.

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Purchase of Skinny Direct Mobile Phone

Phone Purchase Credit Check

  • You must pass a credit check to be eligible for Interest Free Terms, and will be required to submit name (including company name for businesses), address, DOB, drivers licence/passport info and contact details as part of this process.
  • Information you give for credit check purposes is subject to these Skinny Direct Terms, including section 13 on Information About You.

Interest Free Terms

  • A 24 month interest free term is available on all Skinny Direct mobile phones purchased in conjunction with a Skinny Direct plan (“Interest Free Phone”).
  • All new and existing customers on a Skinny Direct plan are eligible to purchase an Interest Free Phone.
  • The Interest Free Phone must remain on a Skinny Direct plan until the device is paid in full. For further information about leaving Skinny Direct during your Interest Free Term, see below. 
  • Interest Free Phone customers will pay off their phone over 24 equal payments.
    • New customers will be charged an initial payment, which is their first interest free payment, when ordering their Interest Free Phone online. Payments are then charged automatically every 30 days from the date they first activate their SIM.

    • Existing Skinny Direct customers currently on an active plan purchasing an Interest Free Phone begin their payments on the date of their next plan payment.

    • Existing Skinny Direct customers not on an active plan or who want to change their current plan when purchasing an Interest Free Phone will be charged an initial payment, which is their first interest free payment, when ordering their Interest Free Phone online. Payments are then charged automatically every 30 days from the date they first activate their SIM.

  • Payment must be made by either credit or debit card when you purchase your Interest Free Phone and will automatically reoccur from your nominated payment card every 30 days.

  • New Skinny Customers must activate their SIM in order to commence their 30 day Interest Free Phone and Skinny Direct plan payments. If you fail to activate your SIM within 30 days of the date shown on the packing slip sent with the Interest Free Phone, Skinny Direct will automatically activate your SIM, and payments will begin from the date of activation.

  • You may only be paying off one Interest Free Phone at a time.

  • Interest Free payments remain your responsibility and cannot be transferred to another customer. For example, any change of phone ownership requests must be settled in full by you. Skinny Direct takes no responsibility for any independent agreements for transfer of ownership or otherwise.

  • For accounting purposes, the GST section of your first GST receipt (which you can view online via the customer dashboard) includes GST for the full cost of the Interest Free Phone. This will not impact the amount of your regular 30 day payments and a credit will appear on your first GST receipt to help balance payment amounts. All subsequent instalment charges appearing on the GST receipt will not include GST.

  • If any amounts remain unpaid after 24 months from the date of activation, we reserve the right to charge you for the full remaining balance on your Interest Free Phone.

Returns

  • If you change your mind about your phone purchase, you can return it for a full refund within 30 days of the date shown on the packing slip sent with the phone. To be eligible for a refund, the device should be unopened, undamaged, all external wrapping and seals intact and in pristine condition. To return the device, you must complete a Device Return form online at skinny.co.nz. 
  • We reserve the right to refuse any returns that don’t meet the conditions above. If a phone is unable to be accepted by us, it will be returned to you and you will be charged over the 24 payment period. 
  • Nothing in these terms impacts your rights at law, including under the Consumer Guarantees Act 1993, Credit Contracts and Consumer Finance Act 2003 and Fair Trading Act 1986, as set out in section 11 of the Skinny Direct Terms. 
  • If you change your mind regarding your Interest Free Phone you may cancel this agreement within 7 days of delivery by calling Skinny Direct.

Upgrades and other changes

  • If you change your plan during your interest free payment period, you will be charged a phone repayment immediately, as well as the first payment for your new plan. The next phone and plan payment will be 30 days from this date. For example, if your last payment was on the 10th but you change plans on the 20th, you’ll be charged a phone repayment plus your first payment on the 20th. Your next installment will be 30 days later (ie around the 20th of the next month). 
  • If you want to purchase a new phone from Skinny Direct within your interest free term, you must first pay any outstanding balance on your existing Interest Free Phone. You will not be able to purchase a new Interest Free Phone for 6 months from the date of your last Interest Free Payment purchase.

Leaving Skinny Direct during your Interest Free Term

  • You must remain on a Skinny Direct plan until your Interest Free Phone is paid off in full. If you leave Skinny Direct within your interest free term or before your Interest Free Phone is fully paid off, the full remaining balance of the phone will become due and payable immediately, and you must go online and pay the amount outstanding. Failure to do so may result in the outstanding balance being handed to a debt collection agency and you’ll also be liable for any collections costs.
  • If you move to another provider, it is your responsibility to pay us in full before moving. Up to Nov 10 2017: Call us for payment details. After Nov 10 2017: We’ll send you text and email messages to remind you that payment of the full outstanding amount is due and must be paid in full at the online site provided. If we have not received full payment 30 days from the date you have moved, the outstanding balance will be handed to a debt collection agency, and you’ll also be liable for any collections costs.

Late and Missed Payments

  • If your 30 day Phone payment fails, your payment will be immediately considered overdue. Payments more than 30 days overdue are passed to a debt collection as outlined below. 
  • An attempt to process the payment will be made every day for 30 days until the payment is able to be processed. During this time, you won’t be able to make any outgoing calls (except 111 calls or to Skinny Customer Services) or use data, although inbound calls will be possible. 
  • If your payment is received within the 30 days, you will resume connection on your plan. The next payment will be due 30 days after this payment date. 
  • If payment fails after 28 days, a warning SMS will be sent to you advising the SIM and phone will be blocked if payment isn’t received within a further 2 days. 
  • If payment is not received within 30 days of when payment was due, the full outstanding Interest Free Phone balance will become immediately due and payable, your details will be passed to a debt collections agency, and your SIM and phone will be blocked. You’ll also be liable for any collections costs.

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Promo Terms

Facebook Competitions and Giveaways

1. By participating in any competition or giveaway advertised by Skinny (“Skinny”) on its Facebook page (the “Competition”), you confirm that you accept and agree to these competition terms.

2. The Promoter of the Competition is Skinny a division of is Spark New Zealand Trading Limited (“Spark”).  The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook.  You completely release Facebook from any and all liability associated with this Competition.  

3. Employees of Spark and Skinny are not eligible to enter.

4. Entrants must follow the instructions on the Competition Facebook post to enter this competition.

5. The Competition entry closing and opening dates will be specified on the Competition Facebook post.

6. Skinny is not responsible or liable for any late, lost or misdirected entries or for any problems or technical malfunction which may result in delay or failure to enter you into the draw.

7. All entries to this Competition become the property of Skinny and will not be returned to the entrants.

8. The winner(s) will be drawn as specified by the Facebook Competition post. The prize winner(s) will receive the prize that is advertised on either the Facebook Competition post or the Facebook Competition photo or another prize of equal value. Skinny accepts no responsibility or liability for any prize winner’s enjoyment of any prize or any other costs and expenses that may be incurred by the prize winner relating to the prize or the winner’s enjoyment of that prize (including any travel related costs where relevant and unless otherwise specified in the Facebook Competition post).

9. Skinny will endeavour to notify each of the prize winners by email, text or phone. However, if the winner cannot be reached within three working days, we may redraw a new prize winner without liability to any person. Skinny reserves the right to contact the selected winners by other means.

10. Prizes cannot be transferred or exchanged or redeemed for cash. Skinny takes no responsibility for entries or prizes that are lost or destroyed.

11. Accepting the prize constitutes a winner's consent to be photographed and/or interviewed by Skinny and for Skinny to use his or her name, city/town of residence, competition entry and/or photographs and interviews for Competition or publicity purposes without compensation. This includes on Skinny or Skinny website, direct and social media channels.

12. The winner acknowledges that redemption of some prizes may require the winner to be at least 18 years of age or have parental/ guardian consent. We will let you know on our Facebook Competition post.

13. The decisions of Skinny on all matters relating to this Competition are final and no correspondence will be entered into. Skinny reserves the right to verify the validity of an entry or a winner's right to redeem the prize in accordance with these terms and conditions. Skinny reserves the right to amend the prizes offered and these terms and conditions and in its absolute discretion cancel the competition at any time and without prior notice.

14. To the extent permitted by law, Skinny excludes any liability it may have to you arising directly or indirectly out of or in connection with this Competition.

15. Any personal information collected as part of this Competition will be held by Skinny in accordance with its privacy policy. You have the right to access, update and correct such information.

16. All Facebook competitions are restricted to people 18 years and over unless otherwise specified.

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