Kogan Mobile Terms & Conditions
1. General
- This document sets out the terms and conditions that apply to specific Kogan Mobile Services and Plans that are provided to you by One New Zealand Ltd or its subsidiaries (One, our, we or us). The terms and conditions that will apply to your Services are:
- i. all the terms and conditions provided to you when you agree to purchase a Service, including all the terms and conditions contained in this document;
- ii. all the terms and conditions contained in the One Privacy Policy, which is available at koganmobile.co.nz/legal ; and
- iii. all the terms and conditions provided in the Critical Information Summaries (CIS) for each Plan which can be found on our website at koganmobile.co.nz/cis/ (collectively the “Terms”).
You accept the Terms when you purchase a Plan and activate it by accessing the Kogan Mobile website at accounts.koganmobile.co.nz/activate/ to register/activate.
- Your contract commences on your acceptance of the Terms, however, any credit expiry period does not start until you have activated your Plan.
- The Terms and any of our Plans or Services may be changed from time to time. We can also withdraw any Plan or Service at any time. We can move you to a comparable Plan or Service if we withdraw your Plan or Service, or we think you would be better off. We may notify you in advance depending on the nature of the change:
- i. If we consider that the change will have a neutral or positive effect on you, we can make the change without giving you notice;
- ii. If we consider that the change will have a detrimental effect on you we will give you 31 days’ notice of the change or, where that is not possible, as much notice as possible.
- One and Kogan Mobile will comply with relevant laws, regulations and industry codes if any such changes are made.
- We can contact you by publishing the information in a public notice, online, or by email or TXT, or using any other contact details you provide to us.
- For more information, on Kogan Mobile Plans and Services go to www.koganmobile.co.nz/legal/
2. Important Things You Need to Know
AVAILABILITY
- The Plans and Services are for personal use only, and are not available to medium to large business/corporate and commercial customers.
- The Plans and Services are available to eligible and approved customers.
The Plans and Services are available online via koganmobile.co.nz. If you’ve registered a credit/debit card to your Kogan Mobile Service, you can renew your account by going to accounts.koganmobile.co.nz/login. You can find more information on renewing your Plan at koganmobile.co.nz/debit-card.
- Unless otherwise stated, only one Kogan Mobile Plan can be used at once.
FACTORS AFFECTING AVAILABILITY & PERFORMANCE
- Network coverage and many other factors may affect the availability and performance of certain Plans and Services.
- Certain Plans and Services are only available if used in conjunction with a compatible mobile device and if in a compatible coverage area. Not all mobile devices are compatible with our Network.
The Terms contain details regarding device compatibility, and Network capability and availability. However, notwithstanding anything else in our contract with you, in addition to the networks operated by, for or on behalf of One New Zealand Limited, we may provide Plans and Services to you using any Network we consider appropriate and that network will constitute “our Network” or “the Network” for the purpose of the Terms. For more information about “our” Network, see koganmobile.co.nz/coverage-map/
- All Plans and Services are subject to device capabilities and Network limitations & availability. A compatible 4G device is required to access our 4G Plans and Services. A compatible 4G Extended device is required to access our 4G Extended Plans and Services. 4G is not available everywhere. Our 4G Plans and Services include but are not limited to mobile broadband, internet, email, apps, downloading, video streaming and video calling. Our 4G extended coverage uses both 1800MHz and 700MHz and we have a range of devices that work on both frequencies. Actual speed achieved varies depending on factors such as device capabilities, location & Network congestion.
- See koganmobile.co.nz/coverage-map/ for coverage details. You agree to refer to koganmobile.co.nz/coverage-map/ for coverage details, so that you can confirm that for your intended use of the Plans and Services, your address/es are located in the appropriate coverage areas and that the device you wish to select is compatible with the coverage area where your address/es are located.
DATA
- For Plans that include data, a data session:
- i. starts when you begin internet activity, either directly or indirectly* on your mobile device; and
- ii. ends when your data connection is lost. This will happen when:
- a) You turn your mobile device off, turn your data connection off, switch to flight mode or when you lose Network reception; or
- b) Your mobile device has not sent or received data for a period of time.
*Direct internet activity is when you prompt your mobile device to send or receive data from the internet. For example, when you send an email. Indirect internet activity is when your mobile device or mobile applications are set up to send or receive data from the internet on your behalf. Examples include (but are not limited to): Email notifications via Gmail, notification of Tweets or Facebook posts which mention you and software or weather updates.
- A Plan that includes data is required to start a data session.
- When using data, some internet services, including web sites and email, may not be accessible.
- Unless otherwise stated, data usage is measured as the combination of both data you send (upload) and receive (download).
RATES AND TYPES OF CREDIT
- Unless otherwise stated call usage is charged in blocks of 60 seconds. Usage is rounded up to the end of the current block.
- Each call and data charge is rounded up to the nearest cent and includes GST (where GST applies).
- Unless otherwise stated, data usage is billed in per kilobyte (kB) blocks.
- Details of the rates and charges which apply to the Plans are contained in the Terms.
- Credit may be expressed in any manner, including as a monetary value or as a quantity of a specified Plan.
- Domestic MMS and voicemail is included in Plans:
- i. We may limit the number and duration of messages that can be left on your voicemail Service.
- ii. You are responsible for changing the PIN from the present number and setting your own PIN for the voicemail Service.
- For text messages, a single text message has a limit of 160 standard characters. If you go over this, most devices will break the message into segments with a maximum length of 153 standard characters. You’re then charged your text message rate for each segment sent. Some character sets, such as non-English language keyboards as well as emojis and emoticons, have a 70 character limit per text message and 67 characters per segment. If your message contains special characters, such as emojis, your device may send it as a picture message, or as multiple text messages. If this happens, you’ll be charged for each of those text messages or picture messages. Some devices will also convert long text messages which only contain standard characters to picture messages and you will be charged accordingly.
- Some calls such as calls to 018 and other service numbers for other Network Operators may be charged at higher rates than those included in your Plan. It is your responsibility to check the applicable rate. Calls are charged at the rate which is applicable when the call is started. There is a one minute minimum charge for calls. All calls are rounded up and charged by the minute unless we tell you otherwise (e.g. if your call was for 1 minute and 40 seconds, you will be charged for 2 minutes). If you call a 0900, calling card access number, audio conference or any other special number you will be charged additional rates as published by the relevant service provider.
- You are responsible for all use of your Plans and Services, including use by any third parties, and all charges however incurred, except:
- i. Charges incurred because of our error or negligence; or
- ii. Charges for unauthorised use (except where such use is the result of your negligence, carelessness, breach of contract, or failure to comply with our reasonable requirements, or by a third party within your reasonable control).
- All rates and charges are subject to change. Kogan Mobile and/or One will comply with relevant regulations and industry codes with respect to such changes.
PLAN EXPIRY
- Kogan Mobile Plans and Kogan Mobile “International Roaming Add-On”, “International Calling Add-On” and “Data Plan Add-Ons” (Add-Ons) have expiry periods once they are activated. Expiry periods are specified for each Plan in the Plan CIS file here and for each Add-On in sections 4, 5 and 6 below.
- Unless otherwise stated in the Terms, when the credit expiry period elapses or when the Plan is renewed (whichever occurs first), any unused credit for that Plan is forfeited, is not refundable, and cannot be carried over to any other Plan.
CHECKING YOUR USAGE
- Check your call, TXT and data use here at accounts.koganmobile.co.nz/activate/
3. Kogan Mobile Plans
- Plans provided for use in New Zealand are documented in their respective CIS file. You can view these on our website at https://www.koganmobile.co.nz/cis/.
- Each Plan with an expiry of 90 days comes with a total data amount which is split into 31 day blocks as per the Data Replenishment Amount Per 31 Days specified in the CIS.
- Each Plan with an expiry of 365 days comes with a total data amount which is split into 31 day blocks. These blocks are recurring over 12 cycles with an allocation of 1.5GB (SMALL 365 DAYS Plan), 4GB (MEDIUM 365 DAYS Plan) 15GB (LARGE 365 DAYS Plan) or 32GB (EXTRA LARGE 365 DAYS Plan) added to the account each cycle. Allocation of data will occur upon completion of the previous 31 day block. For the first activation, 31 days is applicable to time of activation. For example if you activate your plan at 12pm, you will receive 30.5 days of data allocation. Your ensuing renewal’s will then be allocated in 31 day blocks. If Data Per 31 Days amount is exhausted before 31 days has elapsed, access to data will cease until the beginning of the next 31 day block (if any), or the customer recharges or purchases a data pack.
- If data limit is reached before 31 days has elapsed, access to data will cease until the next data replenishment date (if any), or you renew or purchase a data Add-On.
- Data can only be used in New Zealand, on our Network.
- Data usage is charged in per kB increments.
- Included minutes and TXTs are for standard person-to-person calls and TXTs to standard New Zealand and Australian numbers only. For personal use only. Excludes premium and special numbers (i.e. short codes).
AUTO RENEW
- Your Plan is set to Auto Renew by default.
- Your Plan will automatically renew on your renewal date with the same data, minutes and TXTs as your previous Plan.
- Your credit card will be automatically charged during the period 11:00PM on the expiry day to 11:00AM the day after the expiry day of your current Plan. All dates and times are based on New Zealand Standard Time (NZST).
- You are able to cancel Auto Renew by going to your Kogan Mobile account at accounts.koganmobile.co.nz/login, select the Billing Details tab and click Remove Schedule. To ensure an Auto Renew is cancelled you must remove the schedule before 23:00 NZST on the day it is due. For the avoidance of doubt, this will not cancel your current Plan, it will only cancel any future Auto Renew. Your Plan will continue until the end of its expiry period and you will not be refunded any of the paid price.
- Add-Ons do not Auto Renew by default.
4. Kogan Mobile Roaming Add-On
The following table specifies the type of credit that is provided if you purchase a International Roaming Add-On:
- Kogan Mobile customers will be eligible for Kogan Mobile roaming rates while using their mobile phone overseas.
- To be eligible to purchase an Interntational Roaming Add-On you must have an active Plan.
- International Roaming Add-Ons can be purchased either before you leave New Zealand or once you reach your overseas destination. Your International Roaming Add-On will be active immediately after your purchase so it is recommended to purchase the Add-On once you have reached your destination.
- International Roaming Add-Ons can only be used in the specified countries. The country list is available at koganmobile.co.nz/roaming
- International Roaming Add-Ons are valid for a 3 day period. If you purchase an International Roaming Add-On before midnight NZ time, you will be able to use it until midnight NZ time at the end of the 3rd full day following purchase.
- Any minutes, TXTs or data not used within the Kogan Mobile International Roaming Add-On validity period will be lost.
- Only one International Roaming Add-On can be active at the one time. On repurchase any existing allowance will be lost and the new Add-On allowance will be available.
- When reviewing your Data Roaming Add-On online, data usage will be displayed rounded up to the nearest KB.
- For calling, text and data usage you will receive a TXT alert when you reach 80% and 100% of your allowance. Once you have reached 100% you will be prompted to purchase another Roaming Add-On.
- If you are not using a Roaming Add-On, casual roaming rates are not available for calls, TXTs and data usage while you are out of New Zealand.
- Roaming Add-On allowances exclude voice, TXT or data entitlements from any other Plan.
- We do our best to ensure a great roaming experience by providing access to overseas networks, but we are unable to guarantee the quality or coverage that any other country provides.
- Maritime and In-Flight Roaming services are not included.
- As roaming involves services provided by networks other than that of One New Zealand Limited, you agree that we will not be responsible for the way in which any external carrier provides or fails to provide any service (including disconnection, lack of coverage or the performance of that carrier’s network).
5. Kogan Mobile Data Add-Ons
The following table specifies the type of credit that is provided if you purchase a Data Add-On:
- Data can only be used in New Zealand on our Networks.
- Data usage is charged in per kB increments.
- If your Plan includes a data allowance, data will be deducted from the Plan or Data Add-On in order of purchase with the oldest used first.
- Data Add-Ons are not for commercial or resale purposes.
- If you have purchased a Data Add-On (which has not yet expired) and add another Data Add-On, the Expiry Periods begin on purchase and will run concurrently until the end of each Expiry Period as long as the Add-On is not the same value. For example, you cannot purchase 2 x 1.25GB Data Add-Ons but you can purchase 1x 300MB and 1 x 1.25GB Data Add-On. If you do try and purchase the same Data Add-On you will forfeit any unused data and the expiry period of the original Data Add-On.
- Unused data can continue to be used after your Plan expiry period however it will be forfeited at the end of the Data Add-On Expiry Period.
- The Data Add-On requires you to have an active Plan and cannot be used as a stand-alone data plan.
6. Kogan Mobile International Calling Add-On
The following table specifies the type of credit that is provided if you purchase an International Calling Add-On:
- Calls are to standard landline and mobiles in the selected destinations.
- Minutes are charged and rounded up to the nearest whole minute.
- The International Calling Add-On is not for commercial or resale purposes.
- Only one International Calling Add-On can be attached to your account. If you do purchase another International Calling Add-On before your existing International Calling Add-On has expired or has been used up, you will forfeit any unused minutes and expiry period of the existing International Calling Add-On.
- Unused minutes in your International Calling Add-On can continue to be used after your Plan expiry period however it will be forfeited at the end of the International Calling Add-On Expiry Period or when you are using the International Calling Add-On as stand-alone data and you renew on any Plan before the end of your Plan expiry period.
- The International Calling Add-On requires you to have an active Plan.
7. Safety and Security
- You are responsible for maintaining the security of any access codes or passwords used to access your Services or account information.
- To prevent others from using your mobile device if it is lost or stolen we recommend you set up a PIN number on your SIM card. If it is entered incorrectly three times in a row, you will need the PUK code, which you can get by answering security questions by contacting the Kogan help desk at koganmobile.co.nz/help. Incorrect entry of the PUK code more than seven times will permanently destroy the SIM card and you will need to purchase a new SIM card.
- If your mobile device or SIM card is lost or stolen, you must contact Kogan Mobile immediately so that we can prevent your mobile Services from being used. We will not be responsible for any loss you suffer as a result of the loss, theft, damage to, or unauthorised use of your mobile device or SIM card, or from any virus or malware or loss of information.
- We make no representations or warranties concerning the security or content of information passing over our Network. You are responsible for reviewing the classification information for any content you access using your Services, and for ensuring it is suitable for anyone else who has access to your Services.
8. Porting/Bring Your Number
- Your mobile phone number is allocated to you by us or another telecommunications service provider. The number is not owned by you. We will not change any phone number allocated to you except where required by law, by contracts with third parties, or by causes outside our control.
- If you wish to port a phone number to Kogan, you agree and acknowledge that:
- i. You are the account holder for (or authorised representative) of the relevant mobile phone number.
- ii. Porting the number means you will no longer receive service from your current telecommunications service provider and will lose any prepay credit balance you had with them. You may have outstanding obligations to that telecommunications service provider such as porting or early termination charges, and it is your responsibility to discharge these obligations.
- iii. You will be responsible for all costs associated with porting the phone number.
- iv. Services provided by your current telecommunications provider may not be available at Kogan Mobile.
- v. We may in our discretion refuse to port the listed number for any reason including, for example, if we believe your purpose is fraudulent.
- vi. Neither we or Kogan Mobile will be liable to you for any direct or indirect loss or damage resulting from failure or delay in the porting process.
- vii. You expressly authorise the listed phone number to be ported to Kogan Mobile.
9. When We Can Restrict or Cancel Your Services
- If you have not purchased any Plan for 365 days after the expiry period of your last Plan then you will lose your allocated phone number and you will lose any names, numbers or other details stored on your SIM card.
- You may cancel your Plan by allowing your Kogan Mobile account to become inactive or by porting your mobile phone number to another telecommunications service provider.
- Your Services will automatically end if you switch your phone number from Kogan Mobile to other provider and your Plans will not be transferred.
- We may restrict, suspend, or cancel your Services or your Plan if:
- i. the health and safety of any person or the safety and security of our Network is at risk;
- ii. for commercial reasons we can’t provide the Service or your Plan;
- iii. the Service is permanently or temporarily unavailable for any reason;
- iv. you use your Services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright) or is likely to damage or negatively impact the operation of our Network, your Plan or a third party’s network;
- v. you resell or resupply a Plan or Service, or use it other than for ordinary personal, domestic and household purposes;
- vi. you do not follow our or Kogan Mobile’s reasonable instructions in relation to your use of your Services; and
- vii. you are otherwise in material breach of the Terms and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so.
- If your Plan is cancelled, you will lose any unused entitlements on your Plan.
10. Limits of Liability
- If we are liable to you for direct losses arising from any breach of the Terms or for our negligence, our obligation to pay any damages or losses is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage. In addition, we are not liable for:
- i. loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
- ii. loss of data;
- iii. loss of profits or any consequential, indirect or special damage, suffered by you or any other person; or
- iv. loss caused by something beyond our control, for example a failure by a Network Operator, an act of God, earthquake, terrorism, strike, shortage of suitable labour or materials or any other event beyond our control.
These limitations are subject to and do not limit any rights and remedies you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
- You accept liability to us for your breach of contract or negligence, but you will not be liable for any loss to the extent it is caused by us. Your liability under this clause is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage.
- Subject to any liability which applies under the Consumer Guarantees Act 1993, any Network Operators and our dealers, agents, contractors and suppliers (and their officers, employees, contractors and agents) do not accept liability to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind as a result of your use of the Services. This clause creates a right that our Network Operators, agents and suppliers can enforce directly.
- We may subcontract or delegate the performance of any of our rights or obligations under the Terms but this will not relieve us from liability for the performance of any such obligation. Our agents can enforce those rights or obligations expressed to be for their benefit in accordance with Part 2 of the Contract and Commercial Law Act 2017.
11. Miscellaneous
- We may transfer the Terms without notice although, if possible, we will give you notice in advance. You must obtain our written consent to transfer the Terms which we will give where reasonable.
- If any clause, or part of a clause, in the Terms is found to be unfair or unenforceable, the rest of the Terms will continue to apply.
- If you or we fail to enforce our rights under the Terms, it will not prevent you or us from taking further action.
- New Zealand law applies to the Terms and Kogan Mobile Services. You agree that a New Zealand court will hear any claims.
12. Glossary
Words which start with a capital letter in these terms have the defined meaning set out below.
- Services: Kogan Mobile’s consumer prepay mobile phone services provided to you by One and any other services that we or our agents may provide you.
- Network: The communication systems we use to provide the Services.
- Network Operator: Us and any third party with which we have entered into an arrangement which provides for the passing of communications between us and that third party or an arrangement to resell wholesale services.
- Plan: The bundle of entitlements for the Services you select and which we provide to you.
- SIM card: The subscriber identity module needed to operate your mobile device and through which you are connected to our Network.
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