Terms & Conditions – Compass Prepaid Mobile
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COMPASS PREPAID MOBILE TERM & CONDITIONS
- Welcome to Compass. Please read these terms and conditions carefully as they set out the basis on which we will provide Services to you on a Prepay basis. By using the Services you are deemed to have accepted these Prepay terms and conditions.
- We may change these terms and conditions from time to time. If we do this we will publish the amended terms and conditions on www.compassmobile.co.nz. Please check www.compassmobile.co.nz regularly as continuing to use the Services after changes have been published will mean that you agree to these terms and conditions as amended.
- This agreement applies from 1 December 2014.
This agreement contains various words and expressions that have defined meanings:
- “Additional Services” means optional services offered by us in connection with the Compass Prepaid 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 Compass 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
- “Fair Use Policy” means a fair use policy as referred to in clause 4.10, as amended from time to time
- “LMNP Terms” means the Terms for Local and Mobile Number Portability in New Zealand, as amended from time to time
- “Mobile Phone” means the mobile phone or other telecommunications device (which incorporates a SIM) which 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 any Related Company which we use to provide the Services to you and other customers, including our WCDMA network
- “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
- “Prepaid Plan” means the relevant Compass Prepaid Service bundle or addon you choose from time to time
- “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 Phone 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 Phone, to access the Services on our Network
- “SMS” means a short message service, which is a form of text messaging on Mobile Phones
- “Compass Customer Services” means Compass Customer Services, which is contactable on 6866 from your Compass Mobile Phone, or by using such other contact details which are updated by us on the Compass Website
- “Compass Prepaid Account” means the account which records details of the amount of credits you have available from time to time
- “Compass Prepaid Services” means voice, SMS, data and any other Services provided by us where you pay the Charges in advance by purchasing credit before using the Services
- “Compass Website” means our website at www.Compassmobile.co.nz or such other website that we notify you of from time to time
- “we”, “our” or “us” means Compass Communications Ltd
- “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 Compass mobile phone number to use with your Compass Prepaid Account or when you first credit your Compass Prepaid Account or when you first use the Services, whichever happens first.
- Compass Prepaid Services allow you to make and receive most local, national and international calls (when within our Network coverage area) using a Mobile Phone, and access a range of other Services. Not all mobile phones and devices can receive all of the Services and some mobile phones and devices may not be compatible with our Network. You are responsible for obtaining a compatible mobile phone or other device or equipment required by you to use the Services.
- We will try our best to provide quality Services to you at all times. But, 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. We cannot guarantee continuous or fault-free Services
- The quality, speed and coverage of the Services also depends partly on your Mobile Phone, partly on our Network and partly on other telecommunications networks
- 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. The Services
- You will be charged for each MMS message that is sent from your Mobile Phone (e.g. the ‘send’ button is pressed and the mobile indicates the MMS is sent). MMS messages will be charged at Compass’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 Compass Mobile Phone within NZ. The maximum file size of a MMS message is 600KB. If you attempt to send a MMS message over 600KB and/or if the message takes longer than 60 seconds to send, the message may be rejected (not delivered). Mobile Phones and/or our MMS system may automatically reduce the size and/or quality of a MMS message to fit within the maximum message size. It is your responsibility to check the size of a MMS message before you attempt to send it. MMS messages may be scaled by our MMS system to suit the receiving device’s specifications, such as screen size and screen resolution. We cannot guarantee that any SMS and MMS messages you attempt to send will be successfully delivered or received.
- 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. Our responsibilities
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 Phone or the Services in a way that is abusive or offensive or for an illegal, immoral or fraudulent purpose;
- not use your Mobile Phone or the Services in a way that interferes with any other person’s use or enjoyment of the Services; We may immediately cease providing Services to you if you do so.
- not use your Mobile Phone 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 Phones and accessories approved for use with our Network and which comply with all relevant legislation and regulations;
- 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 Phone;
- 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
- 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;
- indemnify us against any legal action taken, or losses or costs we incur, in connection with your use of your Mobile Phone and the Services. The indemnity in this clause shall extend to our officers, employees, contractors and agents.
You agree to make sure everyone who uses your SIM complies with the obligations and responsibilities set out in section 6 above.
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.
You agree that using the Services does not give you any rights in any part of our Network.
You may not make 0900 calls, collect calls, special number calls, or any calls where Charges are not immediately deducted from your Prepay Account.
7. Fair Use Policy
- Compass operates a Fair Use Policy to ensure excessive, inappropriate or unreasonable use by some customers does not affect the quality of the experience or the integrity of the Network for other customers. Please see section 4.10 of our Customer Terms (above) for more information. If in Compass’s reasonable opinion your usage of any Compass Prepaid Services, Additional Services or other use of the Network is excessive, inappropriate or unreasonable, Compass reserves the right to request that you stop using the services and/or the Network in this manner and to contact you to discuss a more appropriate product / service for you. In the event of continued excessive, inappropriate or unreasonable use, Compass reserves the right to terminate your use of Compass Prepaid Services in accordance with the Compass Customer Terms. If you use data, please note that mobile broadband is not intended or designed for prolonged intensive data downloads or uploads (including file sharing and long duration streaming videos). Fixed broadband services are much more suited to intensive data transfer applications.
- Our Services are subject to our Fair Use Policy, whether or not they provide you with a prescribed allowance to use our Services. We may apply our Fair Use Policy where in our reasonable opinion your usage of our Services is excessive and/or unreasonable as detailed in this clause 4.10. We have developed our Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services. We will monitor usage patterns. If your usage of our Services;
- materially exceeds estimated use patterns over any week or month,
- is inconsistent with either normal usage patterns and/or the types of uses and purposes for which we communicate that the Services are to be used for, and/or
- includes activities such as auto-dialling, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (CTUs)
then your usage will be excessive and/or unreasonable and we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy.
- If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of the Services and/or withdraw your access to the Services. We may publish on the Compass Website additional terms, requirements and/or policies relating to fair use that apply to some or all of the Services which will provide further rules and details around how such Services can be used. 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).
8. Mobile phone numbers
- Unless you Port a mobile phone number to us, we will allocate a mobile phone number to you for use with your Mobile Phone 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 in our absolute discretion and our decision will be final
- In exceptional circumstances, we may be required to change the mobile phone number you use with your Mobile Phone or SIM. Where we are required to change your allocated mobile phone number we will try and give you notice of this change. We will not be liable for any costs which may be incurred by you or anyone else as a result of this change
- 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; and
- you will be responsible for all costs associated with Porting the mobile phone number
- If you have not Ported the mobile phone number allocated to you prior to either the termination of this agreement, your Compass Prepaid 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 Compass Mobile number, Compass may make the original number available for future allocation to another person.
9. Wireless data and content
- If the Services provide links to third party sites and/or Content, we are in no way 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
- 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 and remove any Content we consider to be inappropriate or in breach of any law or third party right
- 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 Phone; or
- fixing any faults in your Mobile Phone 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 Phone. We are in no way responsible for any such unauthorised access or any damage or loss suffered as a result.
10. Your SIM
- 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.
- You must keep your Mobile Phone and the SIM secure at all times. We recommend that you use a PIN and other access code features provided with your Mobile Phone 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. We may assume that any request or instruction we receive is authorised by you if it is made from your Mobile Phone
- 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 our Customer Care team by dialling 6866 from your handset.
- 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. You will then need to purchase a new SIM which comes with a new PUK1 Code, if you wish to continue using the Services
- If you suspect your SIM has been lost or stolen you must immediately block your SIM by calling Compass Customer Services who can talk you through it. This will stop usage Charges to your account. You will remain liable for all Charges (including recurring charges) incurred in relation to the use of your SIM, whether the Charges have been incurred by you or someone else.
11. Topping Up
- In order to use the Services you will need to have a Compass Prepaid Account which is in credit, or have included resources remaining on an active Prepaid Bundle. As Charges are incurred they will be deducted from the credit balance of your Compass Prepaid Account. You can add additional credit to your Compass Prepaid Account by; buying and redeeming a Compass voucher, Visa or MasterCard credit or debit cards, setting up an auto-top-up on your Compass Prepaid Account or by using one of the other means of payment accepted by us from time to time. For more information on how to top up your Compass Prepaid Account please refer to the Compass Website or contact Compass Customer Services.
- Each Compass Prepaid Service card or voucher has an expiry date printed on it and cannot be used after that date. We will not give refunds for any cards or vouchers not used by their expiry date. If you have a Compass Prepaid Service card or voucher which has not reached its expiry date and appears to be faulty, contact Compass Customer Services.
12. Your Charges & Account
- Any credit on your Compass Prepaid 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 Compass Prepaid Services.
- The Charges for calls made from your Mobile Phone are set out in your Prepaid Bundle. Generally, there is a minimum one minute charge for each call and calls are charged by the minute. Compass’s standard data rates are calculated based on usage and billed in 5KB blocks, rounded up to the nearest 5KB at the end of each session or every 15 minutes (whichever comes first), and a minimum charge of 1c per session applies. Compass’s data rates for included data in a Compass Prepaid 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)).
- SMS is charged per SMS sent. Please see your Prepaid Plan for more information about Charges for calls, SMS and data. The Charges for our other Services are set out on the Compass Website. We may change our Charges from time to time and will notify you of any changes in accordance with clause 14.
- You are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Phone or SIM (with or without your knowledge). This includes when your Mobile Phone or SIM has been lost or stolen.
- If the credit balance on your Compass Prepaid 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 credit has been used up
- If the credit balance on your Compass Prepaid Account is used up while you have an open data session, the session will be terminated.
- If you have no credit on your Compass Prepaid Account or have no quota remaining on an active Prepaid Plan, you will not be able to make any chargeable outgoing calls (except to emergency services on 111 or to Compass Customer Services or any other non-chargeable calls) or use any other Services that would incur a Charge.
- You must add credit to your Compass Prepaid Account at least once every 12 months, otherwise your Compass Prepaid Account will be deactivated, or expired. When your Compass Prepaid Account is deactivated all credit will expire.
- If you damage or lose your SIM you can purchase a new SIM from the Compass Website and transfer your number to that new SIM. To transfer your number to a new SIM, call Compass Customer Services who can talk you through how to do it.
- There may be a delay for roaming services charges to appear on your account because the information must first be provided to Compass from the overseas network operator. Any delay in roaming services charges does not affect Compass’s right to charge you for your roaming charges, and you are liable for all charges incurred on your account or deducted from your prepaid balance while roaming.
14. 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 Phone or SIM does not comply with the terms and conditions of this agreement (including the provisions of clause 6) or any other agreement with us, including any terms and conditions relating to Additional Services;
- you or anyone who uses your Mobile Phone or SIM damages our Network or puts our Network at risk;
- you harass, abuse or threaten our staff; or
- you notify us that your SIM has been lost or stolen
- When we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 14.1 above, you may have to pay a reconnection fee before you can use the Services again
- We may also suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading
- We reserve the right to change, suspend or withdraw part or all of any Services, including Additional Services, on giving reasonable notice
- Compass Prepaid Accounts that are inactive, expired, terminated, disconnected, suspended or blocked will not be entitled to any credit remaining on the account, and will not be able to use the credit transfer functionality.
15. Giving up or ending services
- You may end this agreement at any time for any reason by:
- simply ceasing to add credit to your Compass Prepaid Account at least once every 12 months (see clause 12.8 above); or
- porting your mobile phone number to another Mobile Service Provider, or
- contacting Compass Customer Services.
- If this agreement ends for one of the reasons in clause 15.1:
- any unused Compass Prepaid Service cards or vouchers you have will still expire on their expiry date;
- any unused credit on your Compass Prepaid Account will lapse;
- any names, numbers and other information stored on your SIM may be lost; and
- 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
- You may temporarily or permanently give up any Additional Service via the Dashboard section on the Compass Website, or by calling Compass Customer Services
- If this agreement ends or you give up any Service and later want it reconnected, you may have to pay a reconnection charge and purchase a new SIM.
- We may decide to stop providing any, or any part of, our Services to you. If we do this, we will try to tell you in accordance with clause 19.4 of this agreement.
- Ending this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards
16. Compensation and Liability
- Where a Service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know by visiting the Compass Website or by calling Compass Customer Services. Where we consider it appropriate, we will contribute to your expenses by adding credit to your Compass Prepaid Account, to the value we consider appropriate in the circumstances. For us to consider your claim, you must tell us within one month after the relevant Service is affected. Credits and/or any other compensation are not available where such an event occurs because we are not given correct information, or where we have acted in accordance with our obligations and/or rights in this Agreement, or because you have not used your Services appropriately, or through other causes beyond our reasonable control, nor are they available where you have not tried to minimise your loss.
- If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, or you indicate to us that you are doing so, you agree that the provisions of that Act do not apply to the Services we provide under this agreement. If you are not acquiring the Services for those purposes, the Consumer Guarantees Act 1993 may apply to the Services we provide to you. Any rights you may have under that Act apply in addition to the rights set out in this agreement and nothing in this agreement will limit or exclude your rights under the Consumer Guarantees Act 1993
- Clause 16.1 sets out your ability to claim compensation from us. Subject to clause 16.2 (if applicable), all other liability we may have to you in connection with this agreement, whether in contract, tort (including negligence) or otherwise is excluded. This exclusion applies for the benefit of the following people:
- Compass Communications;
- network operators and mobile service providers other than us whose networks are connected to each other and to our Network;
- all companies directly or indirectly owned, partly owned or controlled by any of the companies and parties listed in clauses 16.3(a) and (b) above;
- all officers, employees, contractors and agents of all the companies and parties listed in clauses 16.3(a) and (b) above; and
- anyone else any of the companies and parties listed in clauses 16.3(a) and (b) above are responsible for.
- None of the companies or parties listed above are liable to you or has to pay you for anything else in connection with or resulting from anything any one of those companies or parties does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way any liability might arise if it were not for this clause.
- If for any reason the exclusion in clause 16.3 does not apply, then the maximum combined amount all the companies and parties listed in clause 16.3 (together) will have to pay to you and anyone claiming through you (together) in respect of claims in connection with this agreement is:
- $1,000 for any one event or circumstance or series of related events or circumstances; and
- $5,000 in the aggregate in respect of all events and circumstances in any 12 month period.
- This limitation does not limit or exclude any rights you may have under the Consumer Guarantees Act 1993. Please see clause 16.2 for more information.
17. Force Majeure
We will not be liable for any delay or failure to provide the Services or any other delay or failure in meeting our obligations under this Agreement to the extent that such delay or failure is caused by any event outside of our reasonable control.
18. Information about you
- You agree that we 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 may not be able to provide services to you. You may ask to see information that we hold about you and ask for any details that are wrong to be corrected
- We, 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, 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.
- From time to time we may contact you about Compass products and services and/or send you sales and marketing information about Compass 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 Compass Website or by calling Compass Customer Services. You also agree that the sales and marketing information we send you electronically need not include an unsubscribe facility.
- We, 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; and
- 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.
- You must amend your details on the Compass Website or by contacting Compass Customer Services as soon as possible about any change to your name, address or any other details you have provided to us.
19. Changing these terms, Charges and Services
- We may change any of the terms of this agreement, remove existing terms from the agreement, or add new terms into the agreement, at our discretion. Changes may take the form of a completely new agreement. We can do this without the need to obtain the consent of the companies and parties listed in clause 16.3
- We will give you at least 10 working days’ notice or, wherever possible, one month’s notice of any changes that we consider will have a material detrimental effect on you. In all other cases we will try to give you notice of any change and/or publish the change on the Compass Website
- We may also change our Charges from time to time. Where we increase any Charges for any of the Services, we will provide you with a minimum of 10 working days’ notice or wherever possible one month’s notice of these changes
- We may also decide to stop providing any, or any part of, our Services to you. If we do this, we will try to give you a minimum of 10 working days’ notice or wherever possible one month’s notice before we stop providing the Service. The agreement you have with us will remain in place.
20. Sending notices
We may send you notices by sending you a text, by emailing or writing to you, by calling you, by publishing the notice on the Compass Website or by issuing a public notice in the major newspapers.
21. Meeting our responsibilities through agents and service providers
We may have any 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.
22. Transferring our responsibilities
We may transfer to someone else all or any part of our side of the agreement you have with us. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person. If you are a business or company and your effective management is changed in any way, this will be treated by us as a transfer of this agreement and we will be entitled to end it.
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.
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.
25. 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.
Changes to these terms
Personal use only
Compass’s 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.
You can choose to be either on a Compass Prepaid Plan, such as one of our Bundles, or a Bundle with Add-Ons, or choose to use Compass’s Standard rates. Unless you select a Compass Prepaid Plan, Compass’s Standard calling rates automatically apply to any usage. Compass’s calling Standard rates apply when you do not have a current Compass Prepaid Plan e.g. you don’t have a current Bundle, calling Add-On, other Compass Prepaid Plan that has remaining calling minutes included. Compass’s Excess rates apply if you consume all the included minutes in your Compass Prepaid Plan before its renewal date. If your included national voice calling allocation expires during a call, the remainder of the call will be charged at the Excess rate. The minimum call charge for your Standard calling rates will be the full minute rate for each minute or part minute.
You can view our pricing including our calling Standard and Excess rates at www.compassmobile.co.nz To be able to initiate or continue a call you must have the equivalent of at least one minute worth of calling credit remaining on your Compass Prepaid Account, or at least one included minute remaining on your Compass Prepaid Bundle included minutes. If there is no answer you won’t be charged for the call (note, calls answered by a message service or answering machine are chargeable).
Bundle and Add-On Details
For Monthly (30 day) Bundles you can use your included mins, texts, and data for 30 days from purchase. For Weekly (7 day) Bundles, included mins, texts, and data are only valid for subscribed 7 day period. Weekly bundles auto-renew every 7 days if you have enough credit from date of purchase (unless cancelled).
Exceeding your bundles allowance
If you have used all of your Compass Prepaid Plans included calls or texts, you will pay Compasss Excess rates if you continue to use the Compass Prepaid Services. You can view these Excess rates here.
If you have used all your Bundles included MBs before its renewal date, you will need to purchase a data Weekly, Monthly or One-Off Add-On or other Compass Prepaid Plan that has MBs included, to be able to use data.
If you have subscribed to a Bundle and you have sufficient credit in your Compass Prepaid Account, your Bundle will automatically renew when the Bundle expires and your Compass Prepaid Accounts credit balance will reduce by the value of that Bundle, unless you cancel it earlier. If you have selected a 7 day or 30 day Add-On in addition to your Bundle your Add-On will renew 7 or 30 days after purchase if you have sufficient credit in your Compass Prepaid Account and your Bundle has auto renewed and is active.
You can cancel your Bundle via sending a text message to 6866, on the Compass Website or by contacting Compass Customer Services. Once you cancel your Bundle, you are no longer on an active bundle, it is immediately deactivated. Despite that Bundle no longer being active, you can still use any unused calls, texts and/or data quota that remain on that cancelled Bundle, and on any associated Add-on, until its expiry date/time. However, you will no longer be entitled to any special rates or products that are only available for active bundles i.e. Cheap International Calling Rates. If you cancel a Compass Prepaid Bundle, any associated Add-Ons, will also be cancelled. Neither your Bundle nor Add-On will renew.
Add-Ons can only be added to active Bundles. You will be charged the full amount for your One-Off Add-On and receive the full included quota at time of purchase. One-Off Add-ons are a one-off purchase and will not renew. The quota is only available to be used within a specified time frame e.g. 48hours. When you purchase a One-Off Add-on you will be charged and receive the full amount of quota in the Add-On to use before the expiry date/time of your One-Off Add-On. 30 day Add-Ons have a separate 30 day expiry or renewal. You can purchase multiple One-Off Add-Ons when on an active Bundle.
Compass text Standard rates apply when you do not have a current Compass Prepaid Plan, text Add-On, other Compass Prepaid Plan that has remaining texts included. Compass’s Excess rates apply if you consume all the included texts in your Compass Prepaid Plan before its renewal date. All text messages are deducted from your Compass Prepaid Accounts credit balance, or your Compass Prepaid Plans included texts, once sent. It is your responsibility to ensure numbers are valid and correct. To be able to initiate a text you must have the equivalent of at least one texts worth of credit remaining on your Compass Prepaid Account, or at least one included text remaining on your Compass Prepaid Plans included texts.
A single text message is up to 160 standard characters. Most mobile phones can send text messages longer than 160 standard characters. To do this the text messages are adjoined into multiple text segments, with each text segment having a lower standard character count (usually 153 standard characters per text segment). Each text segment is charged as one text which results in a 161 to 306 standard character text being charged as two texts, 307 to 459 three texts, 460 to 612 four texts, and so on. However, some devices are configured to automatically convert long text messages into a MMS (Multimedia Messaging Service, or picture message), and as our charges are based on the type of message that is sent from the device, you will be charged for an MMS as a result. Non-standard characters such as Arabic, Chinese, Korean, Japanese or Cyrillic and emoticons (e.g. coloured smiley, grumpy or jumpy faces) use more capacity and therefore reduce the maximum character capacity of text messages further. For international texts or when roaming, a single text message or text segment standard character count can vary, but not below 140 standard characters per text. You can view our pricing including our text Standard rates here.
Texts are standard person-to-person messaging in NZ only to any NZ 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.
Compass Data Standard Rates apply when you do not have a current Compass Prepaid Plan Bundle, Data Add-On, or other Compass Prepaid Plan that has remaining data included.
Data is charged in increments of 5KB with a minimum of $0.01 per session. You can view our pricing including our data Standard rates here. To be able to initiate a data session you must have the equivalent of at least 1MB or $0.49 of credit remaining on your Compass Prepaid Account, or at least 20KB of included data remaining on your Compass Prepaid Plan included data.
Compass Standard and Excess data rates are calculated based on usage and charged as follows:
- billed in 5KB blocks;
- rounded up to the nearest 5KB at the end of each session, and
- a minimum charge of 1c per session applies.
- Compass data rates for included data in a Compass Prepaid Plan is calculated based on usage and charged as follows:
- billed in 5KB blocks;
- rounded up at to the nearest 5KB at the end of a data session, and
- a minimum charge of 20KB applies.
- (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB); 1024MB =1 Gigabyte (GB)) If you’re subscribed to a Bundle, and you consume all the included MBs before your Bundles renewal date, you will need to purchase a Data Add-On (Weekly, Monthly or One-Off) or other Compass Prepaid Plan that has MBs included, to be able to use data.
Your data with the soonest expiry date shall be used first.
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.
It is your responsibility to check that your Mobile Phone is capable of sending, and is configured correctly to be able to send, MMS messages. Your Mobile Phone and/or our MMS system may scale MMS messages to fit within the maximum 600KB size. It is your responsibility to ensure MMS messages you attempt to send are not larger than 600KB. MMS messages may be scaled to suit the recipients devices specifications such as screen size and screen resolution.
Some useful data tips:
To get the best value when you have a smartphone and use data on Compass, it is highly recommended that you subscribe to one of our data Add-Ons. Many smartphones and other data devices, with mobile data switched on, may be set to consume data without user interaction. This can result in unexpected charges. If you do not wish to use data you may need to switch this off in your phone or data device. Compass provides a text notification when you have 20MB and 0MB of your included data remaining on a Compass Prepaid Bundle, or Add-On. However, it is your responsibility to manage your data usage and any associated costs.
Please also note that data, or mobile broadband, is not intended or designed for prolonged intensive data downloads or uploads (including file sharing and long duration streaming videos). Fixed broadband services are much more suited to intensive data transfer applications.
International Call and Text charges
You need to have an active Compass Bundle, to get the best Compass Kick-Ass International Calling Rates. If you cancel your bundle, or your bundle fails to renew (for example due to insufficient Compass prepaid account credit), you are no longer on an active bundle – it is immediately deactivated – and you will no longer be entitled to the best Kick-Ass International Calling Rates. (You are still able to use any unused calls, texts and/or data quota that remain on that cancelled bundle, and on any associated Add-On, until its expiry date/time.). These Kick-Ass 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.
You can view our International Call and Text charges here.
You can use your Compass SIM in other countries. We refer to this as “roaming”. For a list of the countries, services available and any specific roaming overseas terms and conditions please visit www.compassmobile.co.nz.
There may be a delay for roaming services charges to appear on your account because the information must first be provided to Compass from the overseas network operator. Note that this may take weeks in some cases. Any delay in roaming services charges does not affect Compass’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 incurred on your account or deducted from your prepaid balance while roaming.
If your phone or Compass SIM is lost or stolen while overseas, you must advise us immediately. 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.
The terms and conditions on which you may use overseas networks will depend on your Mobile Phone, the country you are visiting and the terms and conditions of the Network Operators whose networks you connect to in each country. The terms and conditions and charges of those other Network Operators will apply in addition to ours.
Data roaming services are not currently supported.
You can view our roaming charges here.
0900, premium numbers and short codes
Calls to 0900 numbers are not supported. Calls to other premium numbers are charged the full minute rate for each minute or part minute. Certain short codes are available for use and the charges can be found on our website.
Any number of voicemail messages may be checked per access. Calls to your voicemail account from your mobile phone will be charged at 18cents 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.
While roaming you may incur charges for voicemail messages when your device is connected to an overseas network, regardless if the device is switched on or off
Video Calling is only available when you make video calls to other video calling capable mobiles on the Compass Network within New Zealand, or video-capable mobiles on a supported international mobile network in a video-capable area. Video calling is charged at the same rate as our standard rates for voice calling.
You can view our standard rates here.
You can add additional credit to your Compass Prepaid account by using one of the methods outlined here. If you are topping up by using a voucher please note that these cannot be used after their expiry date. You must add credit to your account at least once every twelve months, otherwise your Compass Prepaid Account will be deactivated. It is your responsibility to ensure any information, phone number, or amount you enter when topping up is correct, as if you make a mistake it is not refundable.
Excluded usage and services
- SMS Delivery Status Reports are not currently supported.
- International data roaming services 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. Compass 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.