Terms and conditions agreement of the Mobile Mentor service contracts (effective 1 September 2009)
The parties to this agreement are:
Mobile Mentor Limited (“Mobile Mentor” or “we” or “us”)
the purchaser of the Mobile Mentor Service (“customer” or “you”).
IT IS HEREBY AGREED THAT
- The following definitions apply to this agreement:
- Mobile Mentor Limited a New Zealand registered company;
- Agreement means this agreement;
- Device means a mobile handheld electronic communication device, commonly referred to as a mobile phone (or similar);
Mentor means a person certified by Mobile Mentor to be qualified to provide the services outlined in this Agreement;
- Mentoring Session means one 45 minute session with a Mentor who will provide personalised instruction and guidance:
- of a general nature relevant to the use of your Device;
- addressing any specific issues or queries you may have; and
- covering your choice of up to five of the following topics, being; Contacts transfer, Email set-up, Modem connection, PC synchronisation, Bluetooth set-up, Voice Dialling, Speed-dials, Music library, Predictive Text, Roaming / Flight mode, Browsing and Bookmarks;
- myMentor Plus means the Mobile Mentor Service defined in clause 3.1 of this Agreement;
- Mobile Mentor Services means the service MyMentor Plus;
- Service Term means 12 months from the date of purchase of the service.
- You agree and understand it is necessary for Mobile Mentor to collect, process and use your data in order to perform the service and support obligations under your Mobile Mentor Service.
- You agree that Mobile Mentor may send you:
- periodic service related emails, such as proactive advice about your device, notices regarding expiration of your Mobile Mentor Service subscription and changes to the Mobile Mentor Service; and
- requests to participate in member surveys.
- Mobile Mentor shall provide to customers who have purchased the myMentor Plus service (subject to the terms and conditions of this Agreement) the following services during the Service Term:
- one Mentoring Session;
- 24/7 assistance should you experience a problem with or have a query about your Device;
- restoration of services used by your Device, (not including issues related to Operator or device manufacturer fault); and
- Device insights provided by Mobile Mentor via email.
- SERVICE LIMITATIONS AND LIABILITY LIMITATIONS
- THE FOLLOWING SHALL APPLY TO THE MOBILE MENTOR SERVICES:
- ALL SERVICES ARE UNITED STATES OF AMERICA ONLY SERVICES AND DO NOT COVER ROAMING OR SITUATIONS WHEN YOU OR YOUR DEVICE IS LOCATED OUTSIDE OF UNITED STATES OF AMERICA;
- VALID SOLELY FOR THE DEVICE FOR WHICH YOU INITIALLY PURCHASED THE MOBILE MENTOR SERVICE AND USED FOR YOUR MENTORING SESSION;
- MOBILE MENTOR’S LIABILITY TO YOU ARISING OUT OF ALL CLAIMS FOR DAMAGES UNDER THIS AGREEMENT WILL NOT EXCEED IN AGGREGATE THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE MOBILE MENTOR SERVICE (EXCLUDING AMOUNTS PAID FOR SERVICES PROVIDED BY REPAIR AGENTS OR OTHER THIRD PARTIES);
- NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, MOBILE MENTOR WILL NOT BE LIABLE UNDER THE LAW OF TORT, CONTRACT OR OTHERWISE FOR ANY; I) LOSS OF PROFITS, II) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR III) ANY ACTS, OMISSIONS OR DELAYS OF A REPAIR AGENT OR OTHER THIRD PARTY. INCLUDING BY WAY OF ILLUSTRATION NOT LIMITATION, MOBILE MENTOR ACCEPTS NO RESPONSIBILITY FOR LOSS, DAMAGE OR ERASURE OF DATA ON THE DEVICE (HOWEVER CAUSED);
- AS PART OF THIS SERVICE OR ANY MOBILE MENTOR SERVICE, WE MAY NEED TO INSTALL SOFTWARE OR PERFORM UPGRADES IN RELATION TO YOUR PHONE, LAPTOP OR OTHER DEVICE. WE MAY ALSO NEED TO INTEGRATE OR SYNC YOUR DEVICE WITH THIRD PARTY PRODUCTS, APPLICATIONS OR SOFTWARE. THIS MAY IMPACT THE CONTACTS, CONTENT AND OTHER INFORMATION STORED ON YOUR DEVICE ("DATA"), INCLUDING LOSS, DAMAGE OR ALTERATION OF DATA. YOU MUST, AND ARE SOLELY RESPONSIBLE FOR, SAVING, STORING OR OTHERWISE BACKING UP (E.G. ONTO YOUR SIM CARD OR ANOTHER PC) ANY DATA BEFORE ATTENDING YOUR APPOINTMENT TO USE THIS SERVICE OR ANY MOBILE MENTOR SERVICE.
- MOBILE MENTOR ACCEPTS NO RESPONSIBILITY FOR LOSS OR DAMAGE OF DEVICES AND THE OBLIGATION FOR INSURANCE OF THE DEVICES RESTS SOLELY WITH YOU;
- MOBILE MENTOR SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (I) RESOLVE ANY SUPPORT INCIDENT WITHOUT RISK TO OR LOSS OF SOFTWARE PROGRAMS OR DATA, OR (II) MAINTAIN THE CONFIDENTIALITY OF DATA.
- ALL SERVICES WILL BE PERFORMED ONLY VIA THE PHONE, ONLINE OR VIA EMAIL; AND
- ANY RESCHEDULING ACTIVITY FOR A MENTORING SESSION MUST BE DONE PRIOR TO 12 HRS BEFORE YOUR PREVIOUSLY SCHEDULED SESSION, AND THE FEE SET OUT IN 5.2.1 OF THIS AGREEMENT WILL APPLY
- CHARGES AND PAYMENT
- Payment for the Mobile Mentor Service must be made in advance and you acknowledge that you have no entitlement to any service from Mobile Mentor until payment has been received by Mobile Mentor.
- By entering into this Agreement you agree that charges (in addition to the initial fee for the Mobile Mentor Service) will be payable by you to Mobile Mentor in the following circumstances:
- a rescheduling fee of $10 will apply should you which to reschedule your Mentoring Session;
- should you not attend your scheduled or rescheduled Mentoring Session, it is regarded as a cancellation, and the terms set out in 6.2 of this agreement will apply; and/or
- where you have requested a physical visit (which Mobile Mentor may agree to perform at it’s sole discretion) you will be charged the prevailing Mobile Mentor charge out rate for mentoring fees and in addition any applicable travel costs (including travelling time) may also be charged to you.
- Where payment from you is required or is likely to be required in accordance with this Agreement, Mobile Mentor reserves the right to require advance payment prior to processing your service request including by way of illustration not limitation, requiring payment or a credit card authorisation prior to providing service to be undertaken.
- You agree that charges contemplated under clause 5.2 of this Agreement are payable when demanded by Mobile Mentor and in circumstances where you have failed to pay such charges, Mobile Mentor may:
- charge interest on the overdue amount at the rate of 2% per calendar month until payment is made in full; and/or
- exercise a first and general lien over all Devices or other equipment owned by you and in our possession or control in respect of all monies outstanding at any time from you to us.
- TERMINATION / WITHDRAWL / REFUNDS
- Mobile Mentor reserves the right to terminate this Agreement or withdraw any service at any time. In the case where the Mentoring Session has not been performed (and this non performance is not due to you) you will be entitled to a pro rata refund of the initial fee paid by you for the service (based on the months remaining of your Service Term). In all other cases, you will be entitled to a pro rata refund of 50% of the initial fee paid by you for the service (based on the months remaining of your Service Term).
- Should you wish to cancel your Mobile Mentor Service or change your Device for which you initially used the Mobile Mentor Service for, refunds will only be given at the discretion of Mobile Mentor Ltd. You will be required to pay again, in full, for the Mobile Mentor Service if you wish to receive it again in the future.
- GOVERNING LAW
- Except where prohibited by law, Mobile Mentor’s relationship with you, and these Terms and Conditions are governed by the laws of New Zealand. Any disputes will be resolved in New Zealand under the jurisdiction of New Zealand law.
- Mobile Mentor reserves the right to amend these terms and conditions at any time following which the amended terms and conditions shall apply.