| 1. |
Definitions |
| 1.1 |
"AANGEL" means Aangel Processing Limited and
any of its successors, transferees or assignees, and
any trading names associated with or licensed to
Aangel Processing Limited.
|
| 1.2 |
"Customer" means you, our customer.
|
| 1.3 |
"Services" means:
|
|
the recording of the Customer's voice messages, and
storage of the same on a computer;
|
|
potentially the interpretation of these messages;
|
|
potentially the sending of one or more text messages
to the Customer's mobile phone and/or the sending of
one or more emails to the Customer's email address,
containing a representation of the information in
the Customer's voice message;
|
|
potentially the provision of attachments in email
messages that are designed to utilise automatic
features of the Customer's preferred email software;
and
|
|
any other services provided by AANGEL to the
Customer pursuant to this Agreement.
|
| 1.4 |
"Vodafone" means Vodafone New Zealand Limited.
|
| 2. |
Commencement and term |
| 2.1 |
This Agreement begins when AANGEL sets up the
Customer's connection to the Services to be available
for the Customer's use.
|
| 2.2 |
This Agreement will continue until it is terminated by
either party under clause 9.
|
| 3. |
Provision of the Services |
| 3.1 |
AANGEL will always do its best to provide the Services
in a reliable and high-quality manner, however AANGEL
does not guarantee that the Services will always operate
uninterrupted or error-free.
|
| 4. |
Customer responsibilities |
| 4.1 |
The Customer acknowledges that the range of Services
provided to the Customer depends to some extent on the
hardware operated by that Customer. The Customer must
have an on account Vodafone mobile phone and connection
to the Vodafone network, and may also have a computer
with active email facilities, in order to receive
Services.
|
| 4.2 |
The Customer is responsible for checking the validity of
messages, and the accuracy of details in messages
provided by AANGEL under this agreement. The Customer
agrees to keep AANGEL protected against any legal
action taken against AANGEL and to meet any losses
AANGEL may incur as a result of the Customer's use
of the Services.
|
| 4.3 |
The Customer is responsible for all charges accrued to
the Customer's account, no matter who uses the Customer's
phone to access the Services.
|
| 5. |
Volume and content of messages |
| 5.1 |
The customer acknowledges that AANGEL has a
fair use policy relating to the Service.
To maintain the highest quality and flexibility of service to
all customers, AANGEL reserves the right to intervene
with the Customer if AANGEL deems that the Customer's
use of AANGEL, either by volume, frequency or content
falls outside the intended fair use of the Service.
As a guideline, this may occur, but is not limited to,
where a Customer exceeds 40 messages per month on a
sequential basis or where messages frequently exceed
50 seconds in duration.
|
| 5.2 |
The maximum recording time for an AANGEL message is
60 seconds. AANGEL reserves the right to transcribe
60 seconds or 60 words of an individual message.
|
| 5.3 |
The Customer acknowledges that AANGEL is not offered
or sold as a dictation service and dictation of long passages
of text falls outside the fair use policy in 5.1.
|
| 6. |
Privacy statement |
| 6.1 |
AANGEL recognises that the Customer's privacy is
important. The Customer agrees that AANGEL can
collect, and that AANGEL and its agents may hold,
personal information about the Customer.
The Customer may ask to see personal information
AANGEL or its agents hold about them,
and may ask AANGEL to correct any information that
is not correct. AANGEL's agents include Vodafone as
the operator on whose network the Services are being
provided.
|
| 6.2 |
Except pursuant to clause 6.3, personal information
will not be used for any other purpose than as intended
under this agreement unless the Customer gives explicit
consent to act otherwise. Subject to clause 6.3,
AANGEL will not supply the personal information to
any third party unless this consent is given.
|
| 6.3 |
AANGEL may share the Customer's personal information
with its employees and agents, and may send that
information by any medium, including voicemail, text
messaging or by the Internet. AANGEL may do this so it
can provide the Services to the Customer, and maintain
and improve the quality of the Services. AANGEL and
its agents may share the Customer's personal information and
the content of messages if required by law, or as
requested by law enforcement agencies.
|
| 6.4 |
The Customer will comply with all laws when using the
Services, and will not send any messages or data which
in the reasonable opinion of AANGEL are unsuitable or
unlawful. AANGEL and its agents may review the content
of messages for compliance with this requirement.
Subject to any rights the Customer may have under the
Privacy Act 1993, AANGEL and its agents will not be
liable to the Customer, or to anyone else, for the
content or lack of confidentiality of any Services the
Customer uses, or for any disclosure AANGEL or its
agents must make by law or are requested to make by a
law enforcement agency.
|
| 7. |
Payments |
| 7.1 |
The Customer, by using the Services, agrees to pay the
fees that are payable.
|
| 7.2 |
The statement of fees for use of the Services will be
included on the Customer's Vodafone statement each
month. The Customer agrees to pay the amount of fees
for the Services, by the due date, as set out in the
Vodafone statement.
|
| 7.3 |
The Customer agrees to make all payments that are
payable under this Agreement to Vodafone, or in any
other manner as directed by AANGEL from time to time.
|
| 8. |
Limitation of liability |
| 8.1 |
To the extent permissible by law, neither AANGEL nor
its suppliers or its agents will be liable for any loss of
data or information resulting from delays,
non-deliveries, missed deliveries or service
interruptions. AANGEL specifically exclude any
representation or warranty that:
a.
the information, representations or material
the information, representations or material
received through the Service will be correct,
accurate, timely or otherwise reliable; or
b.
the Services will be uninterrupted or error-free,
that defects will be corrected, or that the Service,
or the server that makes it available, is free of
viruses or other harmful components,
and is not to be liable for any action the Customer
takes in reliance upon such information or the Services.
|
| 8.2 |
Where the Customer does use, or holds itself out as
using, the Services for the purposes of a business, then
the Consumer Guarantees Act statutory guarantees do not
apply to the Customer's use of the Services.
|
| 8.3 |
Without limiting clause 8.1, AANGEL excludes any
liability of any kind (including loss of profits or
revenue, loss of use, lost business or missed
opportunities, wasted expenditure or savings the
Customer might have made) arising from:
a.
the Customer's connection to a telecommunications
network or the Internet;
b.
the supply of, or failure, interruption or delay in
the supply of, the Services or any part thereof, or
any negligence in this regard;
c.
the fitness of the Services or any part of them for
any particular purpose;
d.
the incorrect, inaccurate or delayed transmission of
any information or data;
e.
the Customer's use of the Services.
|
| 8.4 |
Save as expressly set out in this agreement, all
conditions or warranties which may be implied or
incorporated into this agreement by law or otherwise are
expressly excluded to the extent permitted by law. In
no circumstances whatsoever will AANGEL be liable for
direct, indirect, special, punitive, economic or
consequential loss, to the extent permitted by law,
arising out of or in any way connected with the use or
performance of the Services or otherwise howsoever
arising whether based on contract, tort, negligence,
strict liability or otherwise.
|
| 8.5 |
To the extent permissible by law the liability of
AANGEL (if any) in contract, tort, negligence or
otherwise arising out of or in connection with the supply
of the Services under this agreement is to be limited in
respect of any one event or a series of two or more
connected events to $100.00.
|
| 9. |
Intellectual property |
| 9.1 |
The Services, and the know-how connected with them (and
their provision), are the intellectual property of
AANGEL under license. The Customer may only use the
Services in the manner as provided for in this agreement
and as directed by AANGEL, and the Customer has no form
of property right in the Services or the know-how
connected with them (and their provision).
|
| 10. |
Termination |
| 10.1 |
The Customer may at any time terminate this agreement by
calling Customer Services on 0800 080380 and
giving not
less than 7 days prior notice. The Services will be
disconnected 7 days after giving such notice and this
will be the date of termination.
|
| 10.2 |
AANGEL may terminate this agreement:
a.
if any of our licenses to operate our service is
ended or suspended or any interconnection agreement
with any other party expires or is ended;
b.
for any other reason AANGEL believes that it is
appropriate to do so,
and in either case the Customer will only have to pay any
outstanding charges incurred up to and including the
date of termination.
|
| 11. |
Survivability after termination |
| 11.1 |
Termination of this Agreement for any reason does not
affect any rights and obligations which are intended to
continue or come into existence after this Agreement
ends including (without limitation) any obligations the
Customer may have under clauses 4, 7, 8 and 9.
|
| 12. |
Unilateral variation |
| 12.1 |
The Customer acknowledges and agrees that AANGEL may
unilaterally vary these terms and conditions. AANGEL
will, upon any such variation, give notice to the
Customer by way of announcement on the AANGEL website
of fact there has been a change, and the change will be
incorporated in new terms and conditions in substitution
for these conditions. The Customer will be taken to
have accepted such variations by any use of the Services
on or after the date of the variation.
|
| 13. |
Meeting responsibilities through agents |
| 13.1 |
AANGEL may have any of its agents perform any part of
its obligations under this agreement. In that case each
of those agents and their officers, employees,
contractors or agents shall have the benefit of any
terms of this agreement that confer benefits on AANGEL.
|
| 14. |
Transferring responsibilities |
| 14.1 |
AANGEL may transfer to someone else any part, or the
whole, of its rights and obligations under this
agreement.
|
| 15. |
Governing law and jurisdiction |
| 15.1 |
This agreement is governed by the laws of New Zealand
and the jurisdiction of the New Zealand courts.
|
