Terms & Conditions.
-
GECKO MOBILE – KEY TERMS
1. Parties
These terms apply between Engage Tech Group Limited trading as Gecko Mobile (“we”, “us”, “our”) and the customer named on the account (“you”, “your”).
You are responsible for anyone who uses your service under your account, including any authorised users.
2. Services
We provide mobile telecommunications services, which may include:
- mobile voice calling
- SMS and messaging services
- mobile data services
- related account, billing, support, and connection services
Your service is supplied using our underlying network partner’s mobile network. Coverage, speeds, and service quality may vary depending on location, device compatibility, network congestion, outages, maintenance, terrain, buildings, and other factors outside our reasonable control.
We may offer services on a month-to-month basis, or on a fixed-term plan where stated.
3. Activation and Use
Your service starts once your connection has been activated by us.
You must provide accurate information when signing up and keep your contact and billing details up to date.
You must use the service lawfully and must not use it:
- for fraud, abuse, harassment, or unlawful activity
- to interfere with networks or other users
- in a way that breaches any law or another person’s rights
We may suspend, restrict, or cancel your service if we reasonably believe your use is unlawful, fraudulent, unsafe, abusive, or likely to damage the network or our systems.
4. Plans, Charges, and Billing
Unless otherwise stated, your plan is billed monthly in advance.
Any out-of-plan charges, add-ons, roaming charges, overage charges, or one-off fees may be billed separately or added to your next invoice.
You must pay all charges by the due date shown on your invoice or billing notice.
If payment is not made on time, we may:
- charge any applicable late fees or collection costs
- restrict or suspend the service
- cancel the service if the account remains overdue
You remain responsible for all charges incurred on your account until the service is cancelled.
We may require payment by direct debit, card, or another approved payment method.
5. Changes to Plans or Pricing
We may change our plans, pricing, inclusions, or service terms from time to time.
If we make a change that has more than a minor adverse effect on you, we will give reasonable notice. If you are on a fixed-term plan and the change materially disadvantages you, we will act reasonably in accordance with applicable law.
6. Consumer Rights
Nothing in these terms limits or excludes any rights you may have under New Zealand consumer law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. The CGA gives consumers guarantees for services, and the FTA prohibits misleading or deceptive conduct and requires business information to be accurate. [oai_citation:0‡Consumer Protection](https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act?utm_source=chatgpt.com)
If you are acquiring the services for business purposes, some consumer law protections may not apply where the law allows this. Under New Zealand guidance, CGA protections for businesses are more limited and can often be contracted out of in business transactions. [oai_citation:1‡Consumer Protection](https://www.consumerprotection.govt.nz/guidance-for-businesses/solving-problems-with-suppliers/faulty-goods-and-services-bought-by-businesses?utm_source=chatgpt.com)
7. Devices, SIMs, and Compatibility
You are responsible for ensuring your handset or device is compatible with the service, including network bands, SIM or eSIM support, and software requirements.
If we supply a SIM or other equipment, it remains our property unless we clearly state otherwise.
Lost, stolen, damaged, or replacement SIMs may incur a fee.
8. Coverage, Performance, and Network Availability
We aim to provide reliable service, but we do not guarantee uninterrupted coverage, continuous availability, or any particular speed at all times.
Mobile performance can be affected by things outside our control, including outages, maintenance, emergency events, third-party systems, and underlying network issues.
Where reasonably necessary, we may carry out maintenance, upgrades, migrations, or other technical work that may temporarily affect the service.
9. Suspension and Cancellation
You may cancel your service by giving us notice in accordance with your plan terms.
If you are on a month-to-month plan, cancellation will usually take effect at the end of the current billing period unless we state otherwise.
If you are on a fixed-term plan and cancel early, an early termination charge may apply.
We may suspend, restrict, or cancel your service if:
- you fail to pay charges when due
- you breach these terms
- we suspect fraud or unlawful activity
- we are required to do so by law
- the service becomes unsafe, impractical, or impossible to continue
10. Liability
To the maximum extent permitted by law, our total liability to you for any claim relating to the service is limited to the value of the services supplied to you in the affected billing period.
We are not liable for indirect or consequential loss, loss of profits, loss of business, loss of opportunity, or loss caused by events outside our reasonable control, except where liability cannot lawfully be excluded.
Nothing in these terms excludes liability where New Zealand law does not allow it to be excluded.
11. Complaints and Disputes
If you have a complaint, please contact us first so we have the chance to resolve it.
If we cannot resolve your complaint, disputes may be referred to the Telecommunications Dispute Resolution (TDR) scheme. TDR is a free, independent dispute resolution service for consumers with complaints about phone and internet providers that are TDR members. TDR can consider complaints about bills and charges, faults and networks, customer service, and contracts, including monthly mobile plans.
12. Privacy
We collect, use, and store your personal information for the purposes of supplying and managing your service, billing, support, fraud prevention, and legal compliance.
We will handle your personal information in accordance with our privacy policy and applicable New Zealand privacy law.
13. General
These terms are governed by New Zealand law.
If any part of these terms is found to be invalid or unenforceable, the rest will continue to apply.
We may update these terms from time to time. Any updated terms will apply from the date we notify you or publish them, except where the law requires something different.
-
1. PARTIES
These terms apply between Engage Tech Group Limited trading as Gecko Mobile (“we”, “us”, “our”) and the customer named on the account (“you”, “your”).
You are responsible for anyone who uses the service under your account, including any authorised users.
2. SERVICES
We provide mobile telecommunications services, including:
• voice calling
• SMS and messaging
• mobile data
• related connection, account, billing, and support services
Your service is provided using our underlying network partner’s mobile network. Coverage, speeds, and service quality may vary depending on location, device compatibility, network congestion, outages, maintenance, buildings, terrain, and other factors outside our reasonable control.
Services may be provided on a month-to-month basis or on a fixed-term plan where stated.
3. ACTIVATION AND ACCOUNT INFORMATION
Your service starts once it has been activated by us.
You must provide accurate information when signing up and keep your contact, billing, and account details up to date.
4. BILLING AND PAYMENT
Your plan is billed monthly in advance unless we state otherwise.
Any additional charges, including add-ons, roaming, replacement SIM charges, or other one-off fees, may be billed separately or added to your next invoice.
You must pay all charges by the due date shown on your invoice or billing notice.
If payment is not made on time, we may:
• charge any applicable late fees or recovery costs
• restrict or suspend the service
• cancel the service if the account remains overdue
You remain responsible for all charges on your account until the service is cancelled.
We may require payment by direct debit, card, or another approved payment method.
5. CONSUMER RIGHTS
Nothing in these terms limits or excludes any rights you may have under New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
If you acquire the services for business purposes, some consumer protections may not apply where the law allows this.
6. FAIR USE AND ACCEPTABLE USE
Our services are intended for fair and reasonable personal or business use.
You must use the service lawfully and in compliance with all applicable New Zealand laws.
You must not use the service for:
• illegal activity
• spam
• network abuse
• resale of the service, unless we have agreed to this in writing
• automated, machine-driven, or system-generated usage that is inconsistent with normal human use
• excessive usage after any Max Speed allocation has been exhausted, where that usage is considered unreasonable by us acting reasonably
You must not use the service in a way that:
• harms, interferes with, or disrupts our network or any other network
• affects other customers unfairly
• breaches another person’s rights
• is fraudulent, abusive, or misleading
This fair use policy exists to help ensure fair usage across our customer base.
If we reasonably believe this policy is being repeatedly breached, we may throttle, restrict, suspend, or cancel the service.
7. PLANS, PRICING, AND CHANGES
We may change our plans, pricing, inclusions, or service terms from time to time.
If we make a change that has more than a minor adverse effect on you, we will give reasonable notice.
If you are on a fixed-term plan and a change materially disadvantages you, we will act reasonably and in accordance with applicable law.
8. DEVICES, SIMS, AND COMPATIBILITY
You are responsible for ensuring your handset or device is compatible with the service, including network bands, SIM or eSIM support, and relevant software requirements.
If we supply a SIM or other equipment, it remains our property unless we clearly state otherwise.
Lost, stolen, damaged, or replacement SIMs may incur a fee.
9. COVERAGE, PERFORMANCE, AND AVAILABILITY
We aim to provide a reliable mobile service, but we do not guarantee uninterrupted coverage, continuous availability, or any particular speed at all times.
Mobile performance can be affected by factors outside our control, including:
• outages
• maintenance
• emergency events
• third-party systems
• underlying network issues
• device limitations
• location and signal conditions
Where reasonably necessary, we may carry out maintenance, upgrades, migrations, or technical work that may temporarily affect the service.
10. SUSPENSION AND CANCELLATION
You may cancel your service by giving us notice in accordance with your plan terms.
If you are on a month-to-month plan, cancellation will usually take effect at the end of the current billing period unless we state otherwise.
If you are on a fixed-term plan and cancel early, an early termination charge may apply.
We may suspend, restrict, or cancel your service if:
• you fail to pay charges when due
• you breach these terms
• we suspect fraud, illegal activity, spam, or network abuse
• we reasonably believe your use is unsafe, excessive, abusive, or damaging to the network
• we are required to do so by law
• the service becomes unsafe, impractical, or impossible to continue
11. LIABILITY
To the maximum extent permitted by law, our total liability to you for any claim relating to the service is limited to the value of the services supplied to you in the affected billing period.
We are not liable for indirect or consequential loss, loss of profits, loss of business, loss of opportunity, or loss caused by events outside our reasonable control, except where liability cannot lawfully be excluded.
Nothing in these terms excludes liability where New Zealand law does not allow it to be excluded.
12. COMPLAINTS AND DISPUTES
If you have a complaint, please contact us first so we have the opportunity to resolve it.
If we cannot resolve your complaint, disputes may be handled through the New Zealand Telecommunications Dispute Resolution scheme, where applicable.
13. PRIVACY SUMMARY
We collect and use your information to provide and manage the service, including for connection, billing, support, fraud prevention, and account administration.
Your personal information will be handled in accordance with the New Zealand Privacy Act and our privacy practices.
14. GENERAL
These terms are governed by New Zealand law.
If any part of these terms is found to be invalid or unenforceable, the rest will still apply.
We may update these terms from time to time. Any updated terms will apply from the date we notify you or publish them, except where the law requires otherwise.
I can also turn this into a version that is better suited for pasting into Squarespace or Google Docs.