TechPass Smart Connected Device Hire Purchase Terms and Conditions

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1. Definitions: In this Agreement, unless the context requires

otherwise:

“Agreement” means the Application Form, these Terms, Special

Terms, and our policies, which together form a legally binding

contract between you and Vodafone;

“Cancellation Fee” means the fee Vodafone will charge you for

early termination of the Hire Purchase Agreement, which fee you

acknowledge represents a reasonable recovery of Vodafone’s

costs and expenses associated with arranging to provide you

with the Agreement for the duration of the Term;

“Credit Management Policy” means our policy for assessing

customer credit worthiness and managing customer credit, a

copy of which can be viewed on our website:

http://www.vodafone.co.ck/credit-management-policy and is

subject to change from time to time at Vodafone’s discretion;

“Customer” or “you” or “your” refers to the customer specified

in the Application Form;

“Customer Account” means any account the Plan (monthly

recurring fees) is attached to or any account the Customer has

with Vodafone for any of its services, including the Plan, and can

refer to a consolidated account;

“Fair Use Policy” refers to the fair use standards that the

Customer must follow when using the Plan, a copy of which can

be viewed on our website: http://www.vodafone.co.ck/fair-use-

policy and is subject to change from time to time at Vodafone’s

discretion;

“Fees and Charges” refers to all fees and charges applicable to

this Agreement, such as the Monthly Fee, Monthly Repayment,

Cancellation Fee and Recovery Fee;

“Interest” refers to the additional interest rate incurred for Hire

Purchase arrangement.

“Monthly Fee” refers to the total monthly fee payable by the

Customer under this Agreement;

“Monthly Repayment” refers to the monthly installment

payment for the purchase of the Smart Device at the Retail Price

and is set out in the Application Form;

“Recovery Fee” refers to the balance of the Retail Price owing at

any given point in time and any other fee Vodafone may charge

you, which fee you acknowledge represents a reasonable

recovery of Vodafone’s costs and expenses associated with

arranging to provide and/or recover the Smart Device;

“policy” refers to any of Vodafone’s policies affecting services to

be provided to the Customer under this Agreement;

“Retail Price” means the purchase price you agreed we will

charge you for the Phone and is set out in the Application Form;

“Special Terms” means any special terms that apply to the

Monthly Fee from time to time;

“Term” refers to the minimum contracted period during which

you agree to pay for the Plan and is set out in the Application

Form;

“Terms” means these Hire Purchase Terms and Conditions;

“Vodafone”, “our”, or “we” means Telecom Cook Islands Limited

t/a Vodafone Cook Islands;

 

2. Interpretation: In this Agreement, unless the context requires

otherwise:

 

(a) headings are for convenience only;

(b) a reference to one gender is a reference to any gender;

(c) the singular includes the plural and vice versa;

(d) a reference to any statute or regulation is a reference to

that legislation in its most up to date form;

(e) the word ‘person’ means and includes a natural person,

company or any other type of legal entity;

(f) a reference to $ or currency is to the New Zealand Dollar.

 

3. Priority: When interpreting this Agreement, the following order

of priority will apply: Application Form, Special Terms, policies,

and these Terms.

 

4. Commencement of this Agreement: Your Agreement with

Vodafone commences when you submit your Application Form.

 

5. Availability: The Hire Purchase Agreement are available to

credit approved customers only, in accordance with our Credit

Management Policy. The Agreement cannot be used in

conjunction with any other agreement or promotion for the same

Product.

 

6. Activation: The Term starts on the 1st of the month following

the date on the Application Form.

 

7. Minimum Term: You agree to purchase the Smart Connected

Device for the Term. If the Agreement is terminated by you before

the end of the Term, you agree to pay the balance remaining for

the term of the agreement and/or a recovery fee.

 

8. Our commitment to you:

(a) In consideration of the Smart Device Hire Purchase

Agreement and the Monthly Fee when due, you will

receive the Smart Device and the right to use the Smart

Device until you have paid the Retail Price in full as

stated in the agreement, at which point it belongs to

you;

(i) unless we advise otherwise, the Smart Device

is new.

 

9. Your commitment to us: You agree:

(a) To pay us all Fees and Charges for monthly rental as per

the Agreement when due;

(b) Not to damage, interfere or modify the Smart Device in

any form;

(c) Not to resell the Smart Device to any third party;

(d) To be solely responsible for the use, safe custody and

maintenance of the Smart Device in good condition;

(e) Not to transfer the Agreement to any third party;

(f) Not to do anything that would interfere with the product

warranty that applies to the Smart Device;

 

10. Fees and Charges: You will pay the Monthly Fee set out in the

Application Form and any other Fees and Charges applied under

this Agreement. The Fees and applicable Interest Charges are set

as per the signed Agreement. Fees and Charges are payable

through online banking or at any Vodafone office.
 

11. Billing: Vodafone’s billing period is from the 1st to the last day

of the month. The Monthly Fee is billed in the month and will

appear on your bill. Billing may be included and charged together

with other Vodafone services supplied to you. Paperless billing is

the default billing delivery method for Vodafone customers.

 

12. Late Payment: If you do not pay your bill for Fees and Charges

when due or if the Customer Account is in arrears, we may

suspend the Plan and/or any other services on your Customer

Account without notice to you until payment is received.

 

13. Ownership of Smart Connected Device: Vodafone agrees to

let you purchase the Smart Device over the Term. The Smart

Device is Vodafone property and is on loan to you as part of the

Plan until you have paid for the Smart Device in full. You may

purchase the Smart Device at any time during the Term by paying

Vodafone the full amount remaining of the agreement. Once you

purchase the Smart Device, it belongs to you and your obligations

in this Agreement concerning the Smart Device will no longer

Apply.

 

14. Damage or loss of Smart Device: If the Smart Device is

damaged or lost or stolen, you must promptly notify us. You must

pay the full amount remaining of the agreement irrespective of

whether the damage or loss is your fault or not. Once all fees are

paid, the agreement will be terminated. We do not provide

insurance cover for loss or damage to the Smart Device.

 

15. Termination by Vodafone: We reserve the right to terminate

this Agreement:

(a) for breach, with or without notice to you, in which case

you will pay the full amount remaining for the term of

the agreement; or

(b) if we can no longer provide you with services for any

reason, in which case you are liable to pay our Fees and

Charges up to the date of termination only.

 

16. Vodafone remedies: Vodafone may repossess the Smart

Device, suspend or terminate any services it provides to you,

including the Plan, for nonpayment of Fees and Charges due

under this Agreement or on the Customer Account. Should

Vodafone take recovery action against you for unpaid fees,

including the Fees and Charges, you agree to pay Vodafone’s

reasonable recovery costs including repossession fees, solicitor

and court fees.

 

17. Know Your Customer: Vodafone is required by law to verify

the identity of its customers and to collect and keep customer

personal information on file. We must obtain information from

you such as proof of your identity and place of residence. We will

not commence providing services to you until this information is

received and verified.

18. Storage, use and release of information: Our Privacy Policy

applies to our relationship with you. You can access our Privacy

Policy here http://www.vodafone.co.ck/privacy-policy. We treat

information about you and your use of our services strictly

confidential. However, in accordance with our Privacy Policy, we

may disclose information about you for credit checks and credit

reporting purposes. We will also disclose information about you

as required by court order or other lawful authority.

 

19. Communicating with you via SMS: Vodafone reserves the

right to send you SMS about our products, services and

promotions from time to time. We may also send you SMS on

behalf of third parties, such as the Government of the Cook

Islands, local charities or businesses. You can unsubscribe from

receiving any such SMS by selecting by going to your My

Vodafone App or through the USSD menu.

 

20. Customer complaints: If you have a concern or complaint

regarding our services you can let us know by calling 123 or by

emailing us at info@vodafone.co.ck. Our Customer Complaints &

Disputes Policy is available on our website.

 

21. Successors & Assigns: This Agreement is binding on the

Customer’s legal representatives, successors and assigns.

 

22. Governing law: These terms are governed by the laws of the

Cook Islands.