Website terms of use

Version Date: March 2021

Thanks for visiting our website, we are glad you want to Stay Connected with Tuatahi First Fibre!

This is the part of our website where we will explain a few important things to you. Here you can find out more about:

• How we will manage the use of this website and your experience of it
• How our chatbot will work with you to help you to Get or Stay Connected

Glossary

Chatbot

This means a chat bot function that will activate when you request or input Personal Information into our chatbot directly via our website.

Chatter

This means you, an individual or business who uses our Chatbot to communicate with us.

Chatter Data

This means all Personal Information supplied by an individual Chatter together with all other data and information owned, held, used or created by a Chatter that is stored or processed using, or inputted into, the Chatbot.

Chatbot Supplier

This means the third-party provider of the Chatbot.

Personal Information

This means information about an identifiable individual.

System

This means any electronic information technology system, including (but not limited to) hardware, software, services, websites, and communications networks and includes all and any Data contained within it.

Tools

Means our website and any tools we provide you with access to, or use of, via our website (including, but not limited to, our Chatbot and Address Checker, Google Maps and any links to third party websites or tools)

Tuatahi First Fibre, we, us and our

This means Tuatahi First Fibre Limited (registered company number 3226213).

you and your

This means the company, organisation, agency, or service provider you represent and its employees, agents, authorised representatives, and contractors.

1. What these website terms of use cover

These website terms of use cover:

• how we use cookies, web beacons and log files
• our responsibilities for third party websites we may link to
• your responsibilities when accessing our website
• the terms of use relating to our chat bot “Giggsy”

2. Your acceptance of these website terms of use

• By accessing, downloading, using, or browsing the website you accept and agree to be bound by these website terms of use
• In these website terms of use any person who accesses the website is referred to as “you” or “your”. If you do not agree to these terms of use you should stop using the website.

3. Changes to these website terms of use

We may change these website terms of use at any time without notice to you by updating them on our website. The revised terms will take effect when they are updated, and your continued use of our website means you agree to the revised website terms of use.

4. Prohibitions on use

By using our website, you agree and acknowledge that you will not:

• use our website or any services on it for any unlawful purpose;
• disrupt or interfere with our website or our servers or other software, hardware or equipment connected to or via our website;
• introduce any viruses, trojan-horse type programs, malware or any other material that is malicious or technologically harmful to our website or our systems;
• copy, reproduce, reverse-engineer, decompile, disassemble, resell, distribute, link to, or modify any part of our website without our written consent (and, where relevant, the consent of our service providers), except to the extent expressly permitted by law;
• create a link to our website from any other website without our prior consent; or
• use our website other than as specifically permitted by these website terms of use.

The above terms are for the benefit of us, our licensors, Chatbot Supplier and service providers.

5. Cookies, Log Files and Web Beacons:

• Like many companies with websites, we may use “cookies” to provide you with access to tailored information and services on our website, and to serve you better when you return to it.
• A cookie is a small data file that our website sends to your browser, which may then store it on your system for later retrieval by our website. There are a few types of cookie, these are (i) advertising cookies (ii) analytics cookies and (iii) web beacons. We may use some or all of these on different parts of our website.
• Cookies track your movements through different websites. They do not record any other Personal Information about you.
• A web beacon is a small image file embedded onto a webpage that tracks what you do on that webpage.

6. Disabling the use of a cookie

You can disable the use of a cookie but please be aware that if you reject cookies, your ability to use some areas of our website, such as contests or surveys, may be limited.

7. Information gathered with cookies

• When you use our website, we may gather certain information automatically and store it in log files. This information may include (but is not limited to) internet protocol (IP) addresses of your computer or mobile device, your operating system and browser type, the location data based on where your user session originated, your RSP, your browsing behaviour on our site, referring/exit pages, operating system, date/time stamp, and clickstream data.
• We may also use cookies to assess the last page you visited before coming to our website if you came to our site by clicking on a link or URL on another webpage.

8. Use of information gathered using cookies or web beacons

We may use non-personalised statistics about the use of our website to monitor site traffic, to analyse trends, to gather demographic information about our user base as a whole, to improve our website and to improve customer service. These statistics do not comprise Personal Information.

9. Address Checker and Google Maps

We may use web mapping services (including those developed by Google or ArcGIS) to provide you certain services. If you use Google Maps as part of our services, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

10. Third Party Websites

• Our website may contain links to third-party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and we do not warrant or imply that we check, endorse, approve, or agree with the content of such third party websites or the privacy practices of the third party websites (or their owners or operators) which our website links to.
• We are not liable to you or any person for any of the content contained on any third party website or your access to or use of the same. We encourage you to be aware when you leave our website you read the privacy statements of each third party website that collects your Personal Information.

11. Changes to the Website or its Tools

We can, at any time and for any reason, make changes to (including adding and removing) the functionality, format, content, means of access, or operating system specification for, our website (or part of it) or any Tools with or without notice to you.

12. Website and Tools are provided without warranty

• If you are using our website or any Tools for non-business purposes then you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these website terms of use is intended to affect any rights that we are unable to exclude or limit by law.
• If you are using our website or any Tools for business purposes then you agree that the Consumer Guarantees Act 1993 will not apply to your use of, or any reliance on, our website.
• We do not represent or warrant that our website (or any part of it) or any Tools will:
  — operate on a continuous or fault-free basis or at any particular time or location;
  — be secure or private; or
  — be free of viruses or other harmful features (including any files displayed or obtained from or through our website or any website linked to our website or such files.
• We do not warrant the accuracy, correctness, reliability, adequacy, suitability for purpose or completeness of any services, including any Tools, we provide or you use via our website or any Tools.
• All content provided via our website or in any Tools is provided to you “as is” and “as available” and without warranties of any kind, whether express or implied, and you use and rely on our website content and our Tools at your own risk.
• To the extent permitted by law Ultrafast Fibre Limited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to our website, any Tools, these website terms of use and your access to or use of the same at any time.

Our Chatbot

Giggsy is our chatbot. Giggsy is part of our team and helps you to access information via our website to get the answers to common questions without the need to pick up the phone or email us.

FAQs about our Chatbot

What is a Chatbot?

A chatbot is an interactive software tool that will handle your basic queries. Our chatbot Giggsy will pass you to a live agent when you select ‘Live Chat’.

What will your Chatbot be used for?

We use Giggsy to help you with responses to common questions such as:

• fibre installation FAQs
• your fibre order status
• benefits of ultrafast broadband fibre
• consenting information to install your connection
• details of your local Retail Service Provider (RSP) options

Is there anything the Chatbot cannot help with?

Yes, there are some questions or queries that can only be handled by a live operator. These include:

• changes to an order you already have in progress
• placing an order
• cancelling an order
• handling an objection to a Land Access notification you have received
• completing a consent form for the installation of our network equipment on your private property
• handling a complaint

What information will the Chatbot collect?

Giggsy will collect information such as your phone number, address, email address, and any customer or order number you have been supplied with by us or your RSP. We don’t always need to ask you for all of this information, so Giggsy will let you know what information (if any) we need based on the question you have asked.

Can I use Giggsy without supplying any Personal Information?

Yes you can. However, it might limit some of the responses to your questions. Giggsy will let you know if it cannot help you and direct you to call or email us directly if that is the case.

13. Chatter’s obligations when using the Chatbot

By using the Chatbot, the Chatter agrees that:

• it is using the Chatbot for lawful personal or internal business purposes only; and
• it will not copy, reproduce, reverse-engineer, decompile, disassemble, resell, distribute, or modify the Chatbot without our Chatbot Supplier’s written consent except to the extent expressly permitted by law.

14. The Chatbot Supplier and You:

By using the Chatbot, you agree and acknowledge that the Chatbot Supplier:

• will act as our agent and will collect, use, hold and process Chatter Data
• makes no representation concerning the quality of the Chatbot service to you
• does not promise that the information generated through your use of the Chatbot will meet your requirements or be suitable for a particular purpose, or be secure, free of viruses or other harmful code, uninterrupted or error free.

15. Limitations on liability regarding Chatbot:

By using the Chatbot, you agree and acknowledge that:

• both Ultrafast Fibre and the Chatbot Supplier will have limited liability to you; and
• where the Chatter is an individual and you provide Personal Information to the Chatbot and you have not been requested to do so or it would not be reasonable for us to expect you to supply that Personal Information, then this information will be considered unsolicited information; and
• neither we nor the Chatbot Supplier will be liable to you, or held to be in breach of these website terms of use or the Privacy Statement, for any failure to anonymise or delete Chatter Data that is Chatter Personal Information if we were not aware, and would not reasonably be expected to be aware, that the Chatter Data was Personal Information; and
• in this instance only, neither we nor our Chatbot Supplier will be required to delete any Chatter Data that comprises Personal Information contained in archived computer system backups made in accordance with our standard security and/or disaster recovery procedures; and
• To the extent permitted by law neither we nor the Chatbot Supplier is liable for any loss, damage, or cost (whether direct or indirect) incurred by you as a result of:
  — your use of, or your inability to use, the Chatbot;
  — your reliance on and use of the Chatbot, any data or information generated by using the Chatbot
  — any fault or error of the Chatbot; or
  — any modification, discontinuance, or restriction of the Chatbot,
• even if we (or our authorised representative) have been advised of the possibility of such loss, damage, cost, or expense. To the extent liability cannot be excluded, our liability is limited to $1.00.

16. Third party rights

These terms of use are for the benefit of, and are enforceable by our Chatbot Supplier under the Contract and Commercial Law Act 2017, Part 2, Subpart 1 (and its successive legislation).

17. Links

• The sites linked to this site are not under our control. We are not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any link contained in a linked site. We provide links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked site.
• In accordance with internet protocol, we require that you request our express written permission to link to this site. If you would like to link to the site or to create an API, please visit our please contact us.

18. Jurisdiction

This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.

19. Privacy Statement

To review this site’s privacy policy, please visit our Privacy Statement.

END OF WEBSITE TERMS OF USE