Polies & Conditions
Terms and Conditions
Terms and Conditions for Tui Mobile LLC
These terms of service constitute the agreement between Tui Mobile LLC (we or us) and the end user (you, your or customer) of Tui Mobile services. By activating or using any of the services, you represent that you are of legal age to enter this agreement and that you have read and understand the terms and conditions of this agreement. Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.A. Our Services1. We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.2. Services provided may include mobile voice, mobile data, and fibre.3. Not all Services are available in all areas or to all customers.4. We will be responsible for determining the manner in which the Services are to be provided. For example, we may sub-contract other network operators to provide part of any Service.5. We will be responsible for determining the manner in which the Services are to be provided. Tui Mobile services are currently supplied by third-party partners. Where any change of partner impacts any service provided, Tui Mobile will give reasonable notice.6. We will use all reasonable endeavours to make our Services available to you at all times. However, our Services rely on us using networks and Services owned by other people. As a result, we cannot promise that our Services will always be available or fully functioning. If our Services are unavailable for any reason, we will endeavour to restore them as soon as possible.7. While we take reasonable security precautions, due to the nature of telecommunications Services we cannot guarantee the confidentiality of any calls or transmissions you make using our Services. B. Charges and payment1. All services are offered on a prepay basis. You will be billed on a monthly basis in advance for plans, access and additional services provided to you and pay as you go for all other services.2. To use our services you may be required to have a credit balance on your account. We only accept payment via credit card or debit card via our online payment provider, or by online banking (we do not accept payment by cash, cheque or any other method).3. Use of credit cards may include bank fees, any such fees will be determined and available to the customer at the time of transaction4. Tui Mobile may debit pay as you go charges such as (but not limited to) overage, porting, connection and installation fees to your account which may put the account into negative balance. It is the customer's responsibility to monitor account balance and Tui Mobile accepts no responsibility for any consequences.5. Some accounts will be invoiced in advance for services. Where this is the case, terms 3 & 4 above are not applicable.6. If you do not maintain a credit balance, or pay invoices within the due period, we can, without prejudice to any other rights we have, suspend, bar, re-direct or restrict your use of all or any of the Services without giving you prior notice. If we suspend, bar, re-direct or restrict the Services all Charges will continue to apply. If our services are suspended because of your breach, we can charge you a reconnection fee if services are to be recommenced.7. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.tuimobile.co.nz8. You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.9. If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.10. No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost.
C. Using our services1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone's rights or in a way which is malicious, obscene or offensive.2. You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.3. We can suspend or restrict the services we provide you at any time if:• you resell any of our services;• you do not use the service sensibly and within our reasonable use guidelines set out in 4 below;• we believe that you have breached any of our terms and conditions;• you do not maintain a positive credit balance on your account4. Tui Mobile's personal and small business plans are available on the basis of reasonable use. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:• monitor and investigate your usage; and• suspend and/or withdraw the Service; or• charge our standard per minute rate for additional calls5. You must keep secure any password or PIN number which is used by you to access our services and ensure that it is not disclosed to any unauthorised person. You must also change your password or PIN number if we ask you to do so.6. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by Tui Mobile.
D. Phone Numbers1. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.2. If we need to change your number we will send you notification by email and give you as much notice as possible.3. We can withdraw or terminate any number at any time without liability, particularly if you do not comply with the instructions for use provided by Tui Mobile LLC.4. You may be able to port your Tui Mobile number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number.5. If your account is inactive for more than 3 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.
E. Broadband & Fibre Services1. This clause applies if we provide Tui Mobile Broadband/Fibre services to you.2. Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty.3. You accept that Tui Mobile fibre services might not be compatible with your router or networking devices, and that this is not any fault or liability of Tui Mobile LLC.4. Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or from our network we are unable to guarantee that these speeds will be available to you. Nor can we guarantee that our Broadband services will always be available or that they can always be utilised for any particular purpose.5. You must not knowingly transmit any worms or viruses or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else's network.6. We do not control the information that can be accessed through the internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our services. We are also not liable for any viruses or other harmful code which you download via the internet.7. We may install equipment and carry out other work at a customer's premises. If we do so at your premises, then you grant to us and our contractors an irrevocable licence to enter your premises as and when we reasonably require (and you must obtain any necessary consents to such access) for the purposes of installing, maintaining, monitoring and removing such equipment or carrying out such work.8. Additional charges such as no fault found fees will be on charged as appropriate.
F. Tui Mobile Porting Terms and Conditions1. I confirm that I have the authority to request the porting of the numbers referred to in the Number Porting Form and authorise Tui Mobile to act on my behalf for the purposes of porting the numbers listed in the porting form.2. I will be responsible for all costs associated with porting the phone numbers. Tui Mobile will not be liable to me for any direct or indirect loss or damage resulting from failure or delay in the porting process.3. I understand:• That to effect the port, Tui Mobile will supply information entered in the porting form to third parties for the purposes of porting the numbers.• That when a number is ported I will no longer receive service from my current service provider and that it is my responsibility to check the terms and conditions of my contract with the existing provider, in relation to the numbers I wish to port, to find out if I have any outstanding obligations to the provider and to discharge such obligations.• That when a number is ported, any services associated with this number could be cancelled or impacted as part of the porting process and I accept that Tui Mobile takes no responsibility if any of my other telecommunications services are adversely impacted as a result of my number port request. This extends to internet services and any linked numbers.• That Tui Mobile is not obliged to accept my porting request.• That after porting my number to Tui Mobile some of the services I currently receive may not be supported by Tui Mobile, or may be accessed in a different way.G. Tui Mobile Broadband Terms and Conditions1. Our plan speeds represent the theoretic maximum speeds at which you are able to send data to or receive data from our network. Actual speeds you experience depend on many different factors such as other providers' delivery of data to or from our Network, your phone line quality, your equipment, number of users accessing the Services in your premises and many other factors. We cannot guarantee that our Services will always be available or that they can always be used for any particular purpose.2. If you are on an Uncapped or Unlimited Plan, the total amount of data you can use is unlimited. We may use traffic prioritisation policies for these Plans to protect our Network and improve the overall performance amongst our customers. Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally. Our control of these speeds is limited to our own Network. Connections to servers outside our Network are on a “best effort” basis. It may not be possible for you to achieve your desired or expected speeds or latency where you are connecting to equipment outside our control.3. To ensure you have the best experience possible on your Tui Mobile Broadband service and to ensure your network conditions are optimal for real-time voice and video traffic our partner providers may manage your other internet traffic to avoid packet loss, latency and jitter conditions.4. Unlimited plans are intended for use by a single end customer. Running server farms or sharing a connection across multiple customers is prohibited.5. Additional charges such as no fault found fees will be on charged as appropriate.6. Tui Mobile services are sold on a prepay basis and are billed in advance for the part month on install or full month after that. Services can be cancelled at any time. There will be no part month refunds.
H. Term1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.3. In order to terminate your service, you must open a support ticket requesting termination via the Tui Mobile Support portal. As per clause B.10 Tui Mobile does not provide refunds for unused service or credit balances.
I. Liability1. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):• if any communication is intercepted, not properly transmitted or received;• for any disruptions or delays with the use of our services;• for any delay in commencing the provision of services;• for any incompatibility with other services;• if any software or equipment we supply does not operate properly;• for any error in any directory listing which we arrange;• if your computer or device becomes affected by any virus, worm or other malicious code.2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.3. If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.4. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.5. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.6. If you are acquiring the Services for the purposes of a business, or if you indicate to us you are doing so, then you agree that the provisions of the Consumer Guarantee Act 1993 do not apply to any Services we provide to you under this Agreement.7. If you are acquiring the Services other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement. Subject to your rights under the Act and the liability cap in clause 41, except where we cause direct damage to your property due to our negligence, to the extent allowed by law we have no other liability to you or any other person in respect of this Agreement.
J. Privacy1. Our Privacy Policy forms part of our agreement with you and sets out how we collect, use and disclose your personal information in order to supply you with Services and other uses. This policy is available on our web site.
K. Changing these terms1. We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you or by providing relevant information on our website. The latest terms and conditions are available at www.tuimobile.co.nz.
L. Notices1. Tui Mobile will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign-up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.2. If your contact email address changes you must advise us of the new details as soon as possible.3. You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email sent to your contact email address in a timely manner to avoid any potential disruption to your service.M. Other Matters1. These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.2. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.3. A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.
C. Using our services1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone's rights or in a way which is malicious, obscene or offensive.2. You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.3. We can suspend or restrict the services we provide you at any time if:• you resell any of our services;• you do not use the service sensibly and within our reasonable use guidelines set out in 4 below;• we believe that you have breached any of our terms and conditions;• you do not maintain a positive credit balance on your account4. Tui Mobile's personal and small business plans are available on the basis of reasonable use. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:• monitor and investigate your usage; and• suspend and/or withdraw the Service; or• charge our standard per minute rate for additional calls5. You must keep secure any password or PIN number which is used by you to access our services and ensure that it is not disclosed to any unauthorised person. You must also change your password or PIN number if we ask you to do so.6. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by Tui Mobile.
D. Phone Numbers1. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.2. If we need to change your number we will send you notification by email and give you as much notice as possible.3. We can withdraw or terminate any number at any time without liability, particularly if you do not comply with the instructions for use provided by Tui Mobile LLC.4. You may be able to port your Tui Mobile number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number.5. If your account is inactive for more than 3 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.
E. Broadband & Fibre Services1. This clause applies if we provide Tui Mobile Broadband/Fibre services to you.2. Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty.3. You accept that Tui Mobile fibre services might not be compatible with your router or networking devices, and that this is not any fault or liability of Tui Mobile LLC.4. Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or from our network we are unable to guarantee that these speeds will be available to you. Nor can we guarantee that our Broadband services will always be available or that they can always be utilised for any particular purpose.5. You must not knowingly transmit any worms or viruses or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else's network.6. We do not control the information that can be accessed through the internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our services. We are also not liable for any viruses or other harmful code which you download via the internet.7. We may install equipment and carry out other work at a customer's premises. If we do so at your premises, then you grant to us and our contractors an irrevocable licence to enter your premises as and when we reasonably require (and you must obtain any necessary consents to such access) for the purposes of installing, maintaining, monitoring and removing such equipment or carrying out such work.8. Additional charges such as no fault found fees will be on charged as appropriate.
F. Tui Mobile Porting Terms and Conditions1. I confirm that I have the authority to request the porting of the numbers referred to in the Number Porting Form and authorise Tui Mobile to act on my behalf for the purposes of porting the numbers listed in the porting form.2. I will be responsible for all costs associated with porting the phone numbers. Tui Mobile will not be liable to me for any direct or indirect loss or damage resulting from failure or delay in the porting process.3. I understand:• That to effect the port, Tui Mobile will supply information entered in the porting form to third parties for the purposes of porting the numbers.• That when a number is ported I will no longer receive service from my current service provider and that it is my responsibility to check the terms and conditions of my contract with the existing provider, in relation to the numbers I wish to port, to find out if I have any outstanding obligations to the provider and to discharge such obligations.• That when a number is ported, any services associated with this number could be cancelled or impacted as part of the porting process and I accept that Tui Mobile takes no responsibility if any of my other telecommunications services are adversely impacted as a result of my number port request. This extends to internet services and any linked numbers.• That Tui Mobile is not obliged to accept my porting request.• That after porting my number to Tui Mobile some of the services I currently receive may not be supported by Tui Mobile, or may be accessed in a different way.G. Tui Mobile Broadband Terms and Conditions1. Our plan speeds represent the theoretic maximum speeds at which you are able to send data to or receive data from our network. Actual speeds you experience depend on many different factors such as other providers' delivery of data to or from our Network, your phone line quality, your equipment, number of users accessing the Services in your premises and many other factors. We cannot guarantee that our Services will always be available or that they can always be used for any particular purpose.2. If you are on an Uncapped or Unlimited Plan, the total amount of data you can use is unlimited. We may use traffic prioritisation policies for these Plans to protect our Network and improve the overall performance amongst our customers. Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally. Our control of these speeds is limited to our own Network. Connections to servers outside our Network are on a “best effort” basis. It may not be possible for you to achieve your desired or expected speeds or latency where you are connecting to equipment outside our control.3. To ensure you have the best experience possible on your Tui Mobile Broadband service and to ensure your network conditions are optimal for real-time voice and video traffic our partner providers may manage your other internet traffic to avoid packet loss, latency and jitter conditions.4. Unlimited plans are intended for use by a single end customer. Running server farms or sharing a connection across multiple customers is prohibited.5. Additional charges such as no fault found fees will be on charged as appropriate.6. Tui Mobile services are sold on a prepay basis and are billed in advance for the part month on install or full month after that. Services can be cancelled at any time. There will be no part month refunds.
H. Term1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.3. In order to terminate your service, you must open a support ticket requesting termination via the Tui Mobile Support portal. As per clause B.10 Tui Mobile does not provide refunds for unused service or credit balances.
I. Liability1. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):• if any communication is intercepted, not properly transmitted or received;• for any disruptions or delays with the use of our services;• for any delay in commencing the provision of services;• for any incompatibility with other services;• if any software or equipment we supply does not operate properly;• for any error in any directory listing which we arrange;• if your computer or device becomes affected by any virus, worm or other malicious code.2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.3. If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.4. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.5. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.6. If you are acquiring the Services for the purposes of a business, or if you indicate to us you are doing so, then you agree that the provisions of the Consumer Guarantee Act 1993 do not apply to any Services we provide to you under this Agreement.7. If you are acquiring the Services other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement. Subject to your rights under the Act and the liability cap in clause 41, except where we cause direct damage to your property due to our negligence, to the extent allowed by law we have no other liability to you or any other person in respect of this Agreement.
J. Privacy1. Our Privacy Policy forms part of our agreement with you and sets out how we collect, use and disclose your personal information in order to supply you with Services and other uses. This policy is available on our web site.
K. Changing these terms1. We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you or by providing relevant information on our website. The latest terms and conditions are available at www.tuimobile.co.nz.
L. Notices1. Tui Mobile will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign-up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.2. If your contact email address changes you must advise us of the new details as soon as possible.3. You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email sent to your contact email address in a timely manner to avoid any potential disruption to your service.M. Other Matters1. These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.2. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.3. A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.
Privacy Policy
Privacy Policy for Tui Mobile LLC
At Tui Mobile, we value your privacy and we are committed to protecting your personal information. This policy outlines how we collect, use, and safeguard your data.
Information CollectionWe collect information when you:• Sign up for our services• Use our products and services• Contact our customer support• Visit our website or use our mobile apps
Types of information we collect include:• Contact details (name, address, phone number, email)• Proof of address and identity• Payment information• Usage data (call records, data usage, website visits)• Device information (IP address, browser type, operating system)
Use of InformationWe use your information to:• Provide and improve our services• Process payments and manage your account• Communicate with you about our products and services• Comply with legal obligationsData SharingWe may share your information with:• Third-party service providers (e.g., payment processors, network operators)• Law enforcement agencies when required by law• Other parties with your consentWe do not sell your personal information to third parties.
Data SecurityWe implement reasonable security measures to protect your information from unauthorized access, alteration, or destruction.
Your RightsYou have the right to:• Access your personal information• Correct inaccurate data• Request deletion of your data (where applicable)• Opt-out of marketing communications Changes to This PolicyWe may update this policy from time to time. We will notify you of any significant changes via email or through our website. Contact UsIf you have questions about this policy or your personal information, please contact us at contact@tuimobile.co.nz. Last updated: January 27, 2025
Your RightsYou have the right to:• Access your personal information• Correct inaccurate data• Request deletion of your data (where applicable)• Opt-out of marketing communications Changes to This PolicyWe may update this policy from time to time. We will notify you of any significant changes via email or through our website. Contact UsIf you have questions about this policy or your personal information, please contact us at contact@tuimobile.co.nz. Last updated: January 27, 2025