Pre-Pay Services Online Statement Usage Terms and Conditions

Pre-Pay Services Online Statement Usage Terms and Conditions v1.0

By accessing and/or using a Convergence Pre-Pay Services Online Statement, you agree to be bound by these Terms and Conditions. Convergence reserves the right to change the Terms and Conditions at any time, for any reason.
 

Authorised Use

Convergence grants you a non-transferable, non-exclusive license to use the Pre-Pay Services Online Statement in accordance with these Terms and Conditions. The content and information contained in the Pre-Pay Services Online Statement is protected by copyright and other rights belonging to Convergence. You may not use the Pre-Pay Services Online Statement to compete with Convergence or in any manner objectionable to Convergence or detrimental to Convergence (this includes "spamming"; use for any other purpose than intended; use in breach of anyone's rights; use for any illegal purpose; accessing, posting, transmitting, downloading or communicating any objectionable, unlawful, threatening, defamatory, offensive or dangerous material; or use for hacking or otherwise compromising any linked computer system).
 

Privacy

Convergence's policy is to respect at all times the privacy of information in accordance with the Privacy Act 1993. Convergence's Privacy Policy can be viewed here.
 

Legal Disclaimer

The information provided through a Pre-Pay Services Online Statement is for general guidance only. Should you have any doubt as to the accuracy of the information provided, you are encouraged to enquire directly with Convergence via email to support@convergence.co.nz. For the avoidance of doubt, while every effort is made to ensure the information provided via the Pre-Pay Services Online Statement is accurate, it is not to be considered the final answer to queries regarding the remaining balance of Pre-Pay Services. Convergence does not represent or warrant that access to the Pre-Pay Services Online Statement will be uninterrupted or error-free, that defects will be corrected, or that the Pre-Pay Services Online Statement or any downloads that it makes available, will be free of viruses or other harmful components. Convergence does not warrant or represent that the use of the Pre-Pay Services Online Statement or the information provided as part of the Pre-Pay Services Online Statement will be correct, accurate, timely, or otherwise reliable.

NEITHER CONVERGENCE NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE PRE-PAY SERVICES ONLINE STATEMENT FOR ANY PURPOSE. CONVERGENCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CONVERGENCE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PRE-PAY SERVICES ONLINE STATEMENT, WITH THE DELAY OR INABILITY TO USE THE PRE-PAY SERVICES ONLINE STATEMENT, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OR OTHERWISE ARISING OUT OF THE USE OF THE PRE-PAY SERVICES ONLINE STATEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONVERGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NO LONGER USE THE CONVERGENCE PRE-PAY SERVICES ONLINE STATEMENT.

 

Indemnification

You agree to indemnify and hold Convergence, its partners, subsidiaries, agents, affiliates, officers and employees, harmless from any claim, demand, liability or damage (including reasonable attorneys' fees), asserted by any third party due to or arising out of your use or conduct.
 

Termination

Convergence may terminate your access to any part or all of the Pre-Pay Services Online Statement and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Upon termination, your rights to use the Pre-Pay Services Online Statement and information provided therein immediately ceases.
 

Copyright

Copyright in the Pre-Pay Services Online Statement is owned by Convergence, unless otherwise indicated. Convergence hereby authorizes you to copy information published by Convergence via the Pre-Pay Services Online Statement is exclusively for use within your organization only. In consideration of this authorisation, you agree that any copy of this information which you make shall retain all copyright and other proprietary notices contained herein.
 

Governing Law and Jurisdiction

These Terms and Conditions are to be governed and construed in all respects in accordance with the law of New Zealand, and will be subject to the exclusive jurisdiction of the High Court of New Zealand.
 
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