Mobile terms of service

We, Full Flavour Limited (we, us, our) agree to provide our Services to you (you,
your), and you agree to use our Services, on the terms set out below (Terms).

TERMS

1 INTERPRETATION

In these Terms, unless the context requires otherwise:

Agreement means the agreement under which we provide the Services to you, including these Terms.
Applicable Law means:

▲ any applicable statute as amended from time to time and any regulations, orders in council,
standards or other instruments issued or made under or pursuant to that statute from time to
time and legislation passed in substitution for that statute; and
▲ any applicable regulation, condition, direction, decision, notification, guideline, code of practice
or order made by the Telecommunications Commissioner, the Commerce Commission, the
Privacy Commissioner, the TCF under Schedule 2 of the Telecommunications Act 2001 or any
other regulatory body having applicable jurisdiction, and whether or not expressed to be legally
binding.

Brand means the name, logo, trade mark or other brand material of any entity.

Data means all data, content, and information (including personal information) owned, held, used or
created by you or on your behalf that is stored or transmitted using, or inputted into, the Services.

End User means a person who is the ultimate recipient of a Service.

Fair Use Policy means any fair use policy for the Service notified to you by us in writing, as updated by
us from time to time.

including and similar words do not imply any limit.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred
under statute, common law or equity relating to inventions (including patents), registered and
unregistered trade marks and designs, circuit layouts, data and databases, confidential information,
know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent
meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Network means the telecommunications and data networks that we or the Service Provider uses to
provide the Services to you and to other customers, including any network with which we or a Service
Provider interconnects.

Network Operator means a network operator as defined in the Telecommunications Act 2001 and
includes any entity with whom such entity has:
▲ an interconnection agreement or arrangement (directly or indirectly) to provide for the transfer
of data or voice communications generated by, or destined for you or End Users; or
▲ an arrangement to resell services.

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or
unlawful in any way.

a party includes that party’s permitted assigns.

a person includes an individual, a body corporate, an association of persons (whether corporate or not),

a trust, a government department, or any other entity.

personal information means information about an identifiable, living person.

personnel includes officers, employees, contractors and agents.

Service Provider means a service provider that provides us with the Services or services upon which the
Services are dependent, including those service providers’ service providers.

Underlying Systems means our or our Service Providers’ IT solutions, systems, and Networks (including
software and hardware) used to provide the Services, including any third party solutions, systems, and
Networks.

Your Equipment means the equipment that you own or possess and use in
connection with the Services.


2 TERMS OF USE

2.1 You and your End Users must:

a comply with the Fair Use Policy and any other specific terms of use or policy relating to the
Services that we notify you of from time to time;

b not use or permit the Services to be used in any way which is illegal or abusive, which constitutes
harassment, which causes harm or damage of any sort;

c not use or permit the Services to be used in any way that could interfere with or damage the
Network;

d not attempt to undermine or in any other way compromise the security or integrity of the
Underlying Systems;

e not use, or misuse, the Services in any way which may impair the functionality of the Underlying
Systems or impair the ability of any other user to use our, the Service Provider’s or any Network
Operator’s services;

f follow our and the Service Provider’s reasonable instructions (as notified to you from time to
time) about the use of the Services, including complying with any reasonable technical
specifications specified by the Service Provider from time to time;

g use the Services only for the purpose for which they are provided (as notified to you in writing);
h not use the Services in a manner, and not to transmit, input or store any Data, that breaches any
third party right (including Intellectual Property Rights and privacy rights) or is Objectionable,
incorrect or misleading;

h not resell the Services.

2.2 If you or any of your Ends Users contravene a Fair Use Policy:

a we or the Service Provider may take steps to regulate Network traffic and minimise bandwidth
congestion (which may include slowing upload or download speeds of the Service). We will
notify you before taking any steps under this clause, and we will notify you as soon as practicable
after becoming aware that the Service Provider has taking step under this clause; and

b if repeated breaches occur, we may, by notice to you, require you to migrate to another Service
or modify your use of the Service to meet the Fair Use Policy. You must comply with such
requirement within 30 days of receiving our notice. If you fail to comply, we or the Service
Provider may terminate or suspend the relevant Service immediately without further notice.

2.3 If you or your End Users are given a user ID, you must, and must ensure that your End Users, keep that
user ID secure and:

a not permit any other person to use that user ID, including not disclosing or providing it to any
other person; and

b immediately notify us if you or any of your End Users become aware of any disclosure or
unauthorised use of that user ID, by sending an email to [email protected].

3 YOUR EQUIPMENT

3.1 You will ensure that all of Your Equipment that is connected to the Network and/or to equipment that
we or the Service Provider has provided to you in connection with the Services has all certifications
required by the Service Provider and is installed in accordance with our and the Service Provider’s
specifications.

3.2 You agree to follow our and the Service Provider’s reasonable instructions about modifications that you
may need to make to Your Equipment so that you can use the Services.

3.3 The Service Provider will not be responsible for any harm you suffer from a virus or other malware
which infiltrates Your Equipment, whether it was transmitted via the Services or otherwise.

4 SERVICE PROVIDERS, NETWORK OPERATORS AND OTHER SUPPLIERS

4.1 To the maximum extent permitted by law, no Service Provider or any other third party Network
Operator or supplier (including their respective personnel) has any liability to you or your End Users for
loss or damage of any kind arising from your and your End Users’ use of the Services and the Network,
including your and/or End Users’ access to and use of any third party’s site or Service Provider’s or third
party Network Operator’s networks. To the extent a Service Provider’s liability cannot be excluded but
can be limited, its aggregate liability is limited to NZD100. This clause is enforceable by each Service
Provider, Network Operator and supplier in terms of the Contracts and Commercial Law Act 2017;

4.2 You agree that neither the Service Provider nor any other third party Network Operator or supplier
provides, grants or confers any benefit right or privilege on you or End Users.

5 INTELLECTUAL PROPERTY

5.1 All title to, and all Intellectual Property Rights in, the Services, and all Underlying Systems is and remains
the Service Provider’s property (and the Service Provider’s licensors’ property).

5.2 You and your End Users must not use the Service Provider’s Brand or the Brand of any of the Service
Provider’s licensors, without the Service Provider’s or the relevant licensor’s prior written consent, and
where consent has been given, you and your End Users’ (as applicable) use must be consistent with the
terms of that consent.

6 INFORMATION

6.1 You and your End Users must ensure that any information provided to us or the Service Provider in
connection with the Services is, to the best of your or your End User’s knowledge and belief, correct
and complete. You must promptly update that information as required so that the information remains
current, correct and complete.

6.2 We may share information about you and your End Users with the Service Provider, to the extent
necessary for the Service Provider to:

a provide the Services;

b monitor and confirm:

i our compliance with our agreement with the Service Provider; and

ii your compliance with the Customer Agreement; and

c hold, use and disclose information as set out below.

6.3 The Service Provider may collect and hold information about you and your End Users (including any
Data) to the extent necessary to perform its obligations or exercise its rights under our agreement with
the Service Provider and, to the extent such information is personal information, in accordance with the
Privacy Act 2020 (Privacy Act), the Telecommunications Information Privacy Code 2020 (Privacy Code)
and any other Applicable Law. Such information may be obtained from you or generated within the
Network when you or anyone else uses the Services.

6.4 The Service Provider may use the personal information it collects about you and your End Users for the
purposes of:

a providing and improving the Services;

b dealing with requests, enquiries or complaints and other customer care related activities;

c carrying out any activity in connection with a legal, governmental or regulatory requirement on
the Service Provider, or in connection with legal proceedings, crime or fraud prevention,
detection or prosecution;

d carrying out activities connected with the running of the Service Provider’s business such as
internal reporting, personnel training, quality control, network monitoring, testing and
maintenance of computer and other systems and in connection with the transfer of any part of
the Service Provider’s business; and

e identifying potential threats, such as hacking and virus dissemination and other security
vulnerabilities.

6.5 The Service Provider may share the personal information it collects about you and your End Users with:

a its personnel, suppliers and Network Operators for the purposes set out in clause 6.4;

b persons to whom the Service Provider may be required to pass that personal information by
reason of legal, governmental or regulatory authority including law enforcement agencies and
emergency services; and

c any person or organisation as authorised by the Privacy Act and/or the Privacy Code, including
with the relevant individual’s prior authorisation, or as authorised by any other Applicable Law.

6.6 You grant the Service Provider, and will procure for the Service Provider, the right to collect, store,
process and use, on a de-identified and/or aggregated basis, information generated from your and your
End Users’ use of the Services and the Network. This information will be collected, stored, processed
and used for the Service Provider’s own purposes including:

a enhancing or developing the Services, the Service Provider’s other products and services and/or
the Network; and

b performing data analysis, machine learning and/or analytics (including providing insights and
information to third parties).

6.7 You consent, and you confirm that your End Users have consented, to us sharing information with the
Service Provider, and the Service Provider holding, using and disclosing information about you and your
End Users as set out above.

6.8 If you disclose to us any personal information about any other person, you confirm that:

a you are authorised by that person to make that disclosure for the purposes described above;

b that person has agreed that we and the Service Provider can collect, retain, use and disclose any
personal information about him or her as set out above; and

c that person understands that he or she may ask to see the personal information that we or the
Service Provider holds about him or her at any time and he or she may ask us or the Service
Provider to correct any errors.

6.9 To the extent Data contains personal information, you must obtain all necessary consents from the
relevant individual to enable the Service Provider to collect, use, hold and process that information in
accordance with these Terms.