PLEASE READ THIS ENTIRE SUBSCRIBER AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND GRAVITY INTERNET LTD (“GRAVITY”). BY APPLYING FOR OR CREATING AN ACCOUNT WITH GRAVITY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
This Subscriber Agreement is organised into seven “Sections”:
This Subscriber Agreement references other policies and agreements that also form part of your wider agreement with us:
Gravity’s satellite service is available only within New Zealand and the Chatham Islands. Stated speeds and uninterrupted use of service are not guaranteed. Actual speeds will likely be lower than the maximum speeds during peak hours. In addition, when connected to the Service using Wi-Fi, the user’s experience will vary based on the proximity to the Wi-Fi source and the strength of the signal, and its usage is subject to the Fair Access Policy.
The listed speeds are only available in the footprint of the JCSAT-3A Satellite. The Gravity satellite internet service with speeds of up to 10 mbps down and 1 mbps up is available within New Zealand and the Chatham Islands. Speeds in more southern areas of the South Island of New Zealand may be slower.
You specifically agree that any Equipment provided to you may be new or refurbished as new. Any refurbished Equipment will have the same warranty as new Equipment.
Unless your Equipment from Gravity was provided free of charge, the LNB, BUC and antenna (dish) to be installed by Gravity at your premises will remain your property. The satellite modem will at all times remain the property of Gravity. Any reinstallation, return, or change in the location of the Equipment shall be performed by us at our service rates in effect at the time of such service. You are responsible for preventing the loss or destruction of all Equipment and it may be in your best interest to have insurance coverage for the Equipment. Any replacement or maintenance required on the Equipment will be performed by us at our service rates in effect at the time of such required service or replacement. Please refer to our Installation, Re-Installation & Maintenance policy.
Unless explicitly agreed to otherwise, all Gravity satellite internet packages (“Service Plan”) do not require any fixed term commitment. If you have subscribed to any Service Plan and you exercise your right to terminate your service, you will only owe, and your credit or debit card will be charged, the fees described below:
Upon termination, you will be required to return the satellite modem and power supply to Gravity via courier, this will be at your cost. Failure to return the modem within thirty (30) days will result in an Unreturned Equipment Fee of $250.00 being incurred and charged to your account, for which you will be liable.
Gravity Service Plans are invoiced monthly and in advance. If you terminate your service at any time during the monthly billed period, you will not receive a partial refund.
If you opted in to accept the free email service provided by Gravity’s third-party email provider, upon termination of your Gravity account, Gravity will advise the third-party provider that Gravity will no longer be responsible nor liable for any fees associated with the email service. You may wish to continue the email service at your cost and discretion.
If you and Gravity have entered into a side agreement whereby the Equipment remains the property of Gravity, you will be required to de-install and return all Equipment at your cost, within thirty (30) days of terminating your Service Plan. Equipment must be returned in working order. Should you fail to return the Equipment, or the Equipment is found to be in non-working order, Gravity reserves the right to charge you for full replacement cost.
Except where additional methods of payment are specifically required or permitted under applicable law or regulation, or where Gravity explicitly and in advance permits another method of payment, you agree that you will provide a major credit or debit card (i.e., MasterCard, Visa) that Gravity may charge for all Service fees or other amounts payable under this Agreement (including any applicable replacement Equipment Fees). You hereby authorise automatic credit or debit card billing by Gravity for all such charges. You further agree that the charges described above will be billed to the credit or debit card that you have provided when you applied for the Service.
Where Gravity permits the payment of fees using Bartercard and where you provide your Bartercard account details, you hereby authorise Gravity to automatically charge your Bartercard account for all applicable charges and outstanding invoices. In the event Gravity ceases to accept Bartercard as a method of payment, Gravity will provide thirty (30) days written notice advising you of the pending removal of the payment method. It will become your responsibility to continue to pay for all Service fees using an alternative payment method accepted by Gravity (i.e., Credit Card, Direct Credit, etc).
Gravity provides a two-way, satellite-based Internet access solution that carries information between the Internet and your personal computer, tablet, or other internet capable device (the “Service”).
Gravity may revise this Subscriber Agreement (the “Agreement”) at any time by providing notice to you over via the secure Gravity Customer Portal or by email. In the event you do not agree to such revisions, you may terminate your subscription (as provided herein) and stop using the Service before the later of the effective date of such modifications or thirty (30) days after such notice is delivered, in which event you will not be bound by such modifications. Otherwise, except as provided in Section 5.5 below, your continued use of the Service after such time constitutes your full acceptance of such modifications. Unless we provide notice to you of any revision to this Subscriber Agreement, and you accept or have been deemed to have accepted any such revision, this version of the Subscriber Agreement will govern the terms of your Gravity subscription until the Service is cancelled or terminated.
Gravity may discontinue, add to, or revise any or all aspects of the Service in Gravity’s sole discretion, with or without notice, including without limitation access to support services, publications, and any other products or services ancillary to the Service. In the event that Gravity makes any changes to the Service or its availability, Gravity may, but is not required to, notify you.
Gravity may revise pricing for any Service Plans at any time by providing notice of any price change to you via the secure Gravity Customer Portal or by email. Gravity will provide at least thirty (30) days notice of any such change to you. In the event you do not agree to such price revisions, you may terminate your subscription (as provided herein) and stop using the Service before the later of the effective date of the price change or thirty (30) days after such notice is delivered, in which event you will not be bound by such changes. Otherwise, except as provided in Section 5.5 below, your continued use of the Service after such time constitutes your full acceptance of such pricing revisions.
Notwithstanding the above, your rights and our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 will always prevail.
In the event Gravity modifies this Agreement or related pricing or billing terms, you may terminate your account and this Agreement by giving notice of termination to Gravity within 30 days of your receipt of notice of such modification. Any such termination will not be subject to a Service Termination Fee (but will be subject to any applicable Unreturned Equipment Fee). Subject to your payment of any applicable charges or outstanding accounts herein described, you may also terminate your account and this Agreement at any other time and for any reason on written notice to Gravity. You must terminate this Agreement in accordance with the terms and conditions specified herein; failure to do so may delay or prevent us from knowing that termination was intended. Failure to terminate in accordance with this Agreement may result in your continued liability for all fees and charges associated with your Service account until such time as the Agreement has been properly terminated or Gravity has acknowledged such termination in writing, within a reasonable time.
Gravity reserves the right to terminate or suspend your account and this Agreement at any time, with or without notice, in whole or in part, for any reason or no reason.
Notwithstanding any cancellation or termination of this Agreement or your account, or any suspension or termination of access to or use of the Service, you will remain responsible for any obligations accrued up to the date of such action, including payment of any charges that may be due as a result of or in connection with such action(s). Furthermore, any ongoing fees related to email services provided to you by Gravity’s third-party email provider will become your responsibility. If you wish to terminate the email services, this will also be your responsibility to inform the third-party email provider that you wish to terminate the email services.
You represent that you are at least 18 years of age and have the right and ability to enter into this Agreement. You agree that you are responsible for installing, establishing, and setting up, and for verifying and maintaining, the account, options, settings, and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information. These account functions may be performed only by a person at least 18 years of age, without exception.
Multiple members of your household may share a single account, if authorised by you to use the account. In addition, up to five (5) members of the same household may access the Service at any given time through the same account.
You acknowledge and agree that Gravity or its designated service provider (i.e., installation contractor) may be required to access your premises and/or computer system in order to install and maintain the components necessary for you to access the Service (the “Subscriber Equipment”). This may include opening your computer to install, repair, or replace equipment or to install software on your computer at your location. By accepting this Agreement and scheduling a service or installation visit, you hereby authorise Gravity or its service provider to access your computer for the purpose of installing, repairing, or replacing Subscriber Equipment for the purpose of facilitating your access to the Service. NEITHER GRAVITY, ITS DIRECTORS, EMPLOYEES NOR ITS SERVICE PROVIDER, SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR, OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR PREMISES OR COMPUTER, OR LOSS OF SOFTWARE, DATA, OR OTHER INFORMATION FROM YOUR COMPUTER. Gravity may check the health and status of your computer to ensure that your configuration is optimized for use with the Service.
You shall be responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for goods or services purchased thereon, or any other expenses incurred as a result of any use of your account. You promise to pay the amounts billed for any such goods or services, along with any related fees, taxes, and charges. Use of your account is limited to family members or temporary visitors residing at your permanent residence, and/or employees or temporary visitors to your business premises. You acknowledge that the Service is intended for households, or in some cases small businesses, or as a backup internet connection. You acknowledge that you are aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by minors who use the Service through your account. You hereby ratify and confirm any obligations a minor using your account enters into or assumes and any promises or permissions such minor makes or gives. You agree to: (1) provide us with true, accurate, current, and complete information about yourself; and (2) promptly update this information to keep it true, accurate, current and complete.
EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS BETWEEN YOU AND GRAVITY, BASED ON, ARISING OUT OF, INVOLVING, OR RELATING IN ANY WAY TO THIS SUBSCRIBER AGREEMENT, THE GRAVITY SERVICE, ANY OTHER ASPECT OF OUR RELATIONSHIP, OR ANY RELATED PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION CLAIMS BASED ON NEW ZEALAND’S CONSUMER PROTECTION LAWS, UNFAIR COMPETITION LAWS, OTHER STATUTES, CONTRACT, TORT, MISREPRESENTATION, FRAUD, OR ANY OTHER LEGAL THEORY, SHALL BE SETTLED BY BINDING ARBITRATION AS SET FORTH HEREIN. ANY QUESTIONS AS TO THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT OR AS TO THE ARBITRABILITY OF ANY DISPUTE SHALL BE DECIDED BY THE ARBITRATOR, EXCEPT THAT ANY QUESTIONS AS TO THE APPLICABILITY OR ENFORCEABILITY OF THE PROHIBITION ON CLASS PROCEEDINGS IN SECTION 5.3 BELOW SHALL ONLY BE DECIDED BY A COURT. THIS AGREEMENT TO ARBITRATE IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
Arbitration means that any dispute will be decided by an independent arbitrator, and will not be decided in court by a judge or jury. The applicable procedures may be different from procedures followed in court. In an arbitration, there is no right to a jury trial, discovery may be limited, and the grounds for seeking appeal or judicial review of the arbitrator’s award are limited.
An arbitrator must honour the terms and conditions of this Agreement to the same extent that any court would. Except as otherwise expressly provided herein, the same claims, legal theories, damages, and other relief that would be otherwise available in court, including any right you may have to recover attorney’s fees and/or litigation costs, shall also be available in an arbitration commenced pursuant to this clause. This agreement to arbitrate shall survive termination of this Subscriber Agreement and will apply to any claims brought or disputes arising before or after termination of this Subscriber Agreement.
This Dispute Resolution and Binding Arbitration provision (all subparts of this Section 5) shall, to the extent permitted by New Zealand law, apply to all pending and future claims, disputes, arbitrations, and litigation, including those involving former subscribers whose agreements terminated prior to the adoption of this provision.
Notice of Dispute. Prior to filing any claim against the other, you and Gravity agree that you will first send the other a written Notice of Dispute. Any Notice of Dispute to Gravity should be sent by courier to: Gravity Internet Ltd, Level 7, 5-7 Kingdon Street, Newmarket, Auckland 1023, New Zealand (the “Notice Address”). Any Notice of Dispute to you will be sent to your billing address, which is your responsibility to keep up to date. The Notice should describe the nature of the problem or dispute and set forth the specific relief sought, including the amount of any monetary damages sought. If the party receiving the Notice of Dispute agrees within 30 days to provide the specific relief requested in the Notice of Dispute, no formal claim may be filed with respect to the subject of the Notice of Dispute. If we are unable to reach an agreement to resolve the dispute within 30 days after the Notice of Dispute is delivered, either you or Gravity may commence an arbitration.
YOU AND GRAVITY AGREE THAT NO DISPUTE OR CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ARBITRATION OR OTHER REPRESENTATIVE ARBITRATION, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. ACCORDINGLY, YOU AND GRAVITY MAY ONLY PURSUE A CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND MAY NOT PURSUE A CLAIM AGAINST THE OTHER ON BEHALF OF ANY OTHER PERSON, AND NO OTHER PERSON MAY PURSUE A CLAIM ON BEHALF OF YOU OR GRAVITY AGAINST THE OTHER. AN ARBITRATOR MAY ENTER AN AWARD ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
Notwithstanding Sections 5.1 and 5.2 above, but subject to Section 5.3 above, you or Gravity may bring an individual action against the other in small claims court, and arbitration shall not be required as to any dispute relating to the validity or enforcement of either party’s patents, copyrights, or other intellectual property.
If Gravity makes any future change to this Dispute Resolution and Binding Arbitration provision, you may reject any such change by sending Gravity written notice within 30 days of receiving notice of the change. In that case, any dispute arising between you and Gravity will be governed by the Dispute Resolution and Binding Arbitration provision, or any equivalent provision, in effect as of the date you received notice of the change.
Notwithstanding Section 21.1 below, if for any reason the prohibition on class proceedings set forth in Section 5.3 above is not enforced as written with respect to any dispute, then Section 5.1 above also will not apply to that dispute.
You agree to pay, in advance, and in accordance with the provisions of the billing option you selected, any registration, activation, and/or monthly fees, minimum charges, and other amounts charged to or incurred by you, or by users of your account, at the rates in effect for the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes and assessments related to your use of the Service or the use of the Service by users of your account. Information on charges and surcharges (if any) that are to be paid to us and are incurred by you or by users of your account will be made available to you on the secure Customer Portal, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. Gravity reserves the right to increase fees, surcharges, or monthly subscription fees, or to institute new fees at any time upon thirty (30) days’ prior notice. You understand and acknowledge that you may not receive a bill in the mail for your Service. Additional terms relating to pricing, billing and payment are set forth and available on the Website. You agree to pay an Unreturned Equipment Fee should if applicable and as referred to in other sections of this Subscriber Agreement.
Unless otherwise specified, all fees and charges include GST of 15%.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION IN ORDER TO KEEP YOUR ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). CHANGES TO SUCH INFORMATION CAN BE MADE AT https://secure.getgravity.nz . IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT GRAVITY MAY CONTINUE CHARGING YOU FOR ANY SERVICE PROVIDED UNDER YOUR ACCOUNT, AND THAT YOU WILL BE RESPONSIBLE FOR ANY LATE FEES ASSOCIATED WITH GRAVITY’S INABILITY TO OBTAIN PAYMENT BASED ON BILLING INFORMATION YOU HAVE PROVIDED.
You agree that all charges are considered valid unless disputed in writing within fifteen (30) days after the date you receive your credit or charge card bill. You agree that Gravity will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under this Agreement.
In the event that you used a debit card to activate your subscription, you authorise Gravity to initiate debits for payment of the monthly charge for the Service. Gravity, pursuant to this authorisation, will debit the monthly service charge for the Service from your account each month. In addition, Gravity will deduct from your account any and all early termination charges (if applicable) arising from termination of your Service. Gravity will not be responsible for any overdraft or other third-party fees or penalties resulting from Gravity debiting from your account any amount authorised by this Agreement or any other agreement between you and Gravity. Gravity will charge a return fee for each debit that is declined by your bank. The return fee will vary from bank to bank and will be the maximum amount allowed by any applicable laws.
You acknowledge that the recurring debit authorised hereunder will purchase the Service and that Gravity will continue to debit funds from your account until you revoke this authorisation by going online to https://secure.getgravity.nz to change the payment method or by couriering a written request to Gravity Internet Ltd, Level 7, 5-7 Kingdon St, Newmarket, Auckland 1023, New Zealand.
Gravity will make available to you a statement for each billing cycle showing payments, credit purchases, and other charges. Payment of the outstanding balance is due in full each month, and may be billed in advance or pre-charged as set forth above. If your payment is not received by us on or before the invoice due date, you may be charged a late payment fee of $15.00 per overdue invoice. Gravity may, at its sole discretion, waive late fees in certain circumstances or for compassionate reasons. Gravity may, but is not required to, accept partial payments from you. If partial payments are made, they will be applied to statements starting with the oldest outstanding statement. In the case of late payment or non-payment, you understand and agree that Gravity may report such late payment or non-payment to the appropriate credit reporting agencies. If Gravity chooses to use any collection agency or law firm to collect money that you owe us or to assert any other right which we may have against you, you agree to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable legal fees, and court costs, as provided by New Zealand law.
You acknowledge that a monthly subscription fee will apply for each and every month (or portion thereof) that you subscribe to the Service. Once you subscribe, your account and payment obligations will continue until terminated as set forth herein.
To facilitate your use of the Service, Gravity may provide you with software and written materials including documentation (the “Software”). Subject to the terms of this Agreement, Gravity grants you a limited personal, non-exclusive, non-sublicenseable and nontransferable license to use and display the Software on any machine(s) on which you are the primary user or which you authorise for use. Unauthorised copying of any portion of the Software, including software that has been modified, updated, or merged or included with the Software, as well as the documentation provided, is expressly forbidden. You may not sublicense, assign or transfer this license or the Software except as expressly permitted by Gravity. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations under this license is void. You agree that you shall not, nor shall you permit others, to copy, duplicate, reverse engineer, decompile, or create derivative works from the Software, in whole or in part, including any written materials provided in conjunction with the Software. Gravity will occasionally provide automatic software and technology upgrades to improve the Service, such as virus and spam screening technologies, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.
You agree to comply with the terms of the Gravity Acceptable Use Policy, available on the Website. Violations of the Acceptable Use Policy may result in suspension or termination of Service.
To ensure fair Internet access for all Gravity subscribers, Gravity maintains a Fair Access Policy. This policy establishes an equitable balance in Internet access for all Gravity subscribers. Gravity assigns a download threshold to each service plan that limits the amount of data that may be continuously downloaded. The Fair Access Policy can be viewed on the Website. Any subscribers who exceed this limit may experience a temporary reduction of speed.
You agree to comply with all applicable New Zealand laws, rules, and regulations in connection with the Service, your use of the Service, and this Agreement.
You agree not to reproduce, resell, transfer, trade, sublicense, or exploit for any commercial purposes your subscription to the Service, any portion thereof, or any capabilities or applications enabled by the Service.
Gravity may, but shall not have any obligation to, screen content transmitted through and stored on the Service for objectionable material and material that violates any law or regulation, the terms of this Agreement, or the Acceptable Use Policy (collectively, “Objectionable Content”). Gravity may, but shall not have any obligation to, remove from the Service, or refuse to store or transmit, any Objectionable Content. You agree to bear all risks associated with any and all content you use, transmit, or receive on or through the Service, and agree that you will not rely on any such content.
Without limiting the foregoing, Gravity advises you of its obligations under the Telecommunications Interception Capability & Security Act 2013. For more information regarding the act, please refer to: http://www.legislation.govt.nz/act/public/2013/0091/latest/DLM5177923.html
Gravity reserves all copyrights and other rights in and to any content available through the Service which is identified as, claimed by us as, or known by you to be, proprietary to Gravity or its licensors (collectively, “Proprietary Content”). The Proprietary Content is protected under New Zealand and international copyright laws, including as a collective work. All copying, modification, distribution, publication, or other use by you, or by any user of your account, of any such content or other works is prohibited, except as expressly permitted by Gravity.
Gravity does not endorse or in any way vouch for the accuracy, completeness, truthfulness, or reliability of any service, opinion, advice, communication, information, or other content on or made available through the Service. Such content does not necessarily constitute or reflect the views or approval of Gravity or any of its subsidiaries or affiliates.
YOU ACKNOWLEDGE THAT INTERNET SITES, AND USE OF THE INTERNET, MIGHT CONSIST OF, INCLUDE AND/OR PROVIDE ACCESS TO IMAGES, SOUND, MESSAGES, TEXT, SERVICES, OR OTHER CONTENT AND MATERIAL THAT MAY BE UNSUITABLE FOR MINORS AND THAT MAY BE OBJECTIONABLE TO MANY ADULTS. YOU ACKNOWLEDGE THAT GRAVITY IS NOT RESPONSIBLE FOR ANY SUCH CONTENT OR MATERIAL AND THAT ACCESS TO SUCH CONTENT AND MATERIAL THROUGH THE SERVICE IS AT YOUR SOLE RISK.
Gravity warrants to the original buyer that under normal use and wear the equipment used to access the Service (the “Equipment”), which includes the Indoor Unit (satellite modem), Power Supply, and Outdoor Unit (Antenna, LNB & BUC), will be free from defects in material and workmanship for a standard limited warranty term of 12 months from the date of activation. Any Equipment replaced or repaired under this warranty will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty is not transferable. If under normal use and wear, the Equipment becomes defective in materials or workmanship during the warranty period set forth above, Gravity shall at its option and expense, perform one of the following:
THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS DURING THE WARRANTY PERIOD IN ANY EQUIPMENT COVERED BY THE LIMITED WARRANTY. To request Limited Warranty service you must contact Gravity Customer Support.
This Limited Warranty will be void in its entirety if the Equipment is serviced by anyone other than Gravity or a Gravity-Authorised Service Agent. Gravity neither assumes nor authorises any Authorised Service Agent or any other person or entity to assume any other obligation or liability beyond that which is provided for in this Limited Warranty.
This Limited Warranty does not cover damage or affected operation of the above-referenced Equipment resulting from:
This Limited Warranty does not cover items in the following categories:
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE EQUIPMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, GRAVITY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE EQUIPMENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE EQUIPMENT IS ASSUMED BY YOU.
No oral or written information or advice given by Gravity, its dealers, distributors, agents, or employees, shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
All liability and obligations of Gravity under this Limited Warranty shall terminate upon expiration of the applicable warranty period provided herein. This Limited Warranty sets forth the entire responsibility of Gravity with respect to the Equipment. Gravity shall have no further liability to you or to any third party arising from the sale of the products whether based on warranty, contract, negligence, or other theories of liability. GRAVITY SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF GRAVITY’S BREACH OF THIS LIMITED WARRANTY, WHETHER SUCH DAMAGES AROSE IN CONTRACT OR TORT, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. In no event shall Gravity liability exceed the amount paid by you for the Equipment.
Gravity may, at its option, elect to ship replacement equipment in advance of receiving a failed item from you. If you do not return such failed modem to the address specified by Gravity within 30 days of Gravity shipping your replacement modem, you agree to pay, and Gravity will automatically charge your account an Unreturned Equipment Fee equal to $250.00 (for modem and power supply). This fee will be collected in addition to your monthly service charge via your standard payment method (your credit/debit card on file or via invoice).
Without limiting the foregoing, obligations and rights held under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 shall always prevail.
GRAVITY DOES NOT OFFER ANY WARRANTY IN CONNECTION WITH THE SERVICE OR THE SUBSCRIBER EQUIPMENT. THE SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GRAVITY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR OPERATE AT ANY MINIMUM SPEED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE SUBSCRIBER EQUIPMENT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY GRAVITY, ITS EMPLOYEES, AFFILIATES, OR THE LIKE SHALL CREATE A WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GRAVITY NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE WITHOUT LIMITING THE FOREGOING. IF FOR ANY REASON ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY OF GRAVITY, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR THIRD-PARTY CONTENT PROVIDERS, IF ANY, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO GRAVITY BY YOU FOR SERVICES FURNISHED UNDER THIS AGREEMENT FOR THE PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT, OR FAILURE, AND CEASING UPON THE DISCOVERY AND RECTIFICATION OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE- (12-) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT, OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.
Without limiting the foregoing, Gravity shall not be responsible for: (a) any failure to transmit or store, or for any deletion of, any communication, message, email, or content transmitted through, sent to, or received by the Service or Gravity’ servers; or (b) any modification, suspension, interruption, or discontinuance of the Service.
THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE) AND EVEN IF GRAVITY OR OTHERS ARE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
You agree to indemnify and hold harmless Gravity against all claims, liability, damages, costs, and expenses, including but not limited to reasonable legal fees, arising out of or related to this Agreement, any and all uses of your account, and your use of the Service. This includes, without limitation, responsibility for all such consequences resulting from actions by you or any user of your account in violation of this Agreement, the Acceptable Use Policy, or any law or regulation.
You agree to notify us immediately after you sell, give away, or otherwise transfer your Equipment to anyone else. You are considered the registered recipient of the Service until Gravity receives such notice, and you will be liable for any charges or fees incurred by the use of your Equipment by anyone else up to the time that Gravity receives your notice, unless otherwise provided by New Zealand law. You may not assign or transfer your service without Gravity’s written consent. If you do, Gravity may inactivate your service. If your Equipment is stolen or otherwise removed from your premises without your authorisation, you must notify the Gravity immediately, or else you may be liable for payment for unauthorised use of your Equipment system. You will not be liable for unauthorised use after Gravity has received your notification.
All copyright or other proprietary rights notices contained in or associated with the content available through the service must be preserved on any copies made of such material; provided, however, that no copies shall be made in violation of Section 7 or any other provision of this Agreement. The placement of copyrighted material in any public posting area, or any software library, without the consent of the copyright owner is prohibited.
Unless otherwise agreed in writing, your right to use the Service, or to designate other users of your account, is not transferable and is subject to any limits established by Gravity. Your right to use your account and any unique identifiers assigned to you by Gravity shall terminate upon the termination of this Agreement. This Agreement will terminate immediately upon your death.
This Agreement is made in New Zealand. This Agreement and all of the parties’ respective rights and duties in connection herewith, including, without limitation, claims for violation of consumer protection laws, unfair competition laws, and any claims in tort shall be governed by and construed in accordance with the laws of the New Zealand. You agree that this Agreement is set forth in the English language for the mutual convenience and benefit of the parties. A printed version of this Subscription Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon this Subscription Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By applying for or using the Service, you consent to receive all agreements, disclosures, policies, notices, and other information (collectively, Notices) provided by Gravity or its affiliates via paper, aural, and/or electronic delivery at Gravity’ sole and absolute discretion. For purposes of example and not limitation, Gravity may deliver or display Notices to you by email, pop-up window, or posting a message in the secure Customer Portal or the Gravity Website. You agree that certain supplemental or enhanced services made available to subscribers may also have their own procedures for providing Notices.
Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. Gravity may authorise or allow its contractors and other third parties to provide services necessary or related to making the Service available and to perform obligations and exercise Gravity’s rights under this Agreement, and Gravity may collect payment on their behalf, if applicable. The provisions of any Sections of this Agreement, which by their nature should continue, shall survive any termination of this Agreement.
Where notification by Gravity is contemplated by or related to this Agreement, notice may be made by any reasonable means. If any term of this Agreement is found by a New Zealand court to be invalid, illegal, or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. Where an entire provision is invalid, illegal, or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Agreement as if it had not been included. In any such case, the balance of this Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal, or unenforceable term.
Gravity may enforce or decline to enforce any or all of the terms of this Agreement in its sole discretion without waiving its rights to enforce such provisions in the future. In no event shall Gravity be required to explain, comment on, suffer liability for, or forfeit any right based on its enforcement, non-enforcement, or consistency of enforcement of these terms.
Captions used in this document are for convenience only and shall not be considered a part of this Agreement or be used to construe its terms or meaning.
You agree that, regardless of any statute to the contrary, any claim or cause of action arising from or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Gravity may sell, assign, or transfer your account to a third party without notice to you.
This Agreement, as published on the Website, as well as the additional online documents specifically referred to herein as being a part of this Agreement (e.g., the Acceptable Use Policy), constitute the entire and only agreement with respect to the subject matter hereof between you and Gravity. This Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements, and other communications with respect to the subject matter hereof except as expressly set forth in this document. By applying for or using the Service, you agree to the terms and conditions of this Agreement. This Agreement can be amended only in the manner expressly provided for herein.
This Agreement was last revised on October 10, 2017