Terms & Conditions

Billing:

You will be billed per month for the ISP service as per the plan you have selected on our online
portal. This will automatically be deducted from your credit card or account to account direct
debit/transfer.

Disruptive Activities:

As a user you must not:

Use any of our services to threaten, abuse, defame, harass or stalk others.
Use objectionable language or expressions of bigotry, racism or hatred.
Spam, including sending unsolicited emails, bulk email, or distribution to multiple discussion groups, mailing lists or communities, distributing chain letters, pyramid schemes or hoaxes.
Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines within this accommodation property or on the Internet.
Attempt to view, collect, forward or intercept email or other private communications not intended (by the sender) for you.
Post or use any software or device that may facilitate a continued connection or degrade or impede the service of another uses.
Run network-scanning software or use open relay to distribute messages.
Introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, ours or anyone else's computer system or communications services.
Create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message.
Violate copyright or other intellectual property rights.
Conduct any business or activity or solicit the performance of any activity that is prohibited by law.
Damage, modify or destroy the files, data, passwords, devices or resources of other users or third parties.

Acceptable Use/Fair Use Policy:

All users are governed by this policy;
For example, users of our broadband Internet service may be subject to suspension, termination, or bandwidth limiting for usage which is "continually excessive, unfair, affects other users' enjoyment of the broadband service, or is not consistent with the usage typically expected on a particular access package". Full terms of the Fair Use Policy are available at https://liverton.com/fair-use

Your Responsibilities:

As a user you are responsible for:

All your activities while using any of our services and for anything you say or post from this site.
Using your own judgement when evaluating information you access by using our services, remember some information could be from anyone of any age or experience level.
Safeguarding the use of your or any other computer you use when accessing our system from un-authorised users.

Our Responsibilities:

We use our best endeavours to provide a high-speed quality internet service however this service is provided on an as-is basis and is not guaranteed. The nature and control of the Internet is such that this accommodation property does not accept any liability for any loss or damage that may directly or indirectly result from any loss of service irrespective of cause.

You Agree:

To make payment for all use of this service as set-out in the fee schedule structure on the LOGON page upon the termination of your stay at this accommodation property or at any other time as demanded by the management/owner of this property.

Material and Copyright:

While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, We do not accept any liability for any loss or damage that may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on or accessed through our services.

On 1 September 2011, the Copyright Act was extended to include a special regime for dealing with illegal file-sharing. Under the Copyright Act, it is illegal to download or share copyright material without the copyright holder's authority.

Please note that by using this accommodation property's internet service, you agree to indemnify and compensate this accommodation property and its internet provider in relation to all direct and indirect consequences of any breach of the Copyright Act by you (or by a person using your computer or other device connected to our internet service), in addition to your direct liability for civil and or criminal penalties arising from that conduct.

Under section 131 of the Act, a person who breaches copyright may in some circumstances be liable for fines of up to $150,000, or imprisonment for up to 5 years. Also, if illegal file-sharing or other copying involves an objectionable publication under the Films, Videos, and Publications Classification Act, a court may impose imprisonment for up to 10 years.

Site Management Rights:

If you do not comply with these Terms and Conditions of Use Policy or any other policy applying to a particular service, We may (acting reasonably) withhold, suspend, restrict or terminate your access to our services without notice. We retain the right to apply legal remedy and full costs due to any actions that contravene this agreement whether direct or consequential. Nothing in this Terms and Conditions of Use Policy or in any other policy is intended to affect our rights to withhold, suspend, restrict or terminate this service.

"Our" or "We" or "This Accommodation Property " means, the company or partnership providing you with these services, and any organisation that may from time to time provide services to you.
"You" means you, the person using our services, or visiting our Web site
"Services" means all goods or services we provide and anything else we do for you, including allowing you to access our Web site.

Other policies applying to our services:

In addition to our Privacy Policy, our Terms and Conditions of Use of the Web apply to your use of our service. It is important that you are familiar with our Terms and Conditions of Use for the Web. Please read it in conjunction with this policy. It includes our site management rights.

Payment:

Payment may be made using only Visa or MasterCard credit cards. Payments processed on this website will appear on your bank statement with the payee listed as ‘Liverton Limited’

Upon completing a transaction, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct.

Liverton shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Services or for loss of data or information caused by factors beyond Liverton’s control.
All credit card transactions from this website are processed in New Zealand Dollars via Payment Express, an externally hosted secure payment gateway dedicated to this purpose.

This website does not receive and cannot retrieve the complete number sequence of your credit card from the transaction record. These details are only entered for processing the transaction on DPS secure SSL servers.
DPS Payment Express is certified and compliant to the Payment Card Industry Data Security Standards (PCI DSS), as a level 1 processor; this includes quarterly scans of its systems and annual onsite audits by a Qualified Security Assessor (QSA). DPS PCI compliance validation can be found in VISA's Global List of PCI DSS Validated Service Providers.

Liverton is committed to following fair business practices. To this end we assure customers that the operation of this website follows the Model Code for Consumer Protection in Electronic Commerce published by the New Zealand Ministry of Commerce, and that we faithfully observe our obligations as set out by the Fair-Trading Act 1986 and the Consumer Guarantees Act 1993.

Refunds:

Requests for refunds must be made in writing together with proof that you have paid more that the outstanding amount. Requests for refunds must be sent via help@Liverton.com. If your request for a refund is granted the amount will be refunded onto the same account/credit card which the original payment was made from. Approved refund requests will be processed back to the purchaser's credit card/bank account.

Cancellation:

Cancellation Requests will be considered on a case-by-case basis at our sole discretion. Once a payment has been made it cannot be cancelled.

Security:

Payments using this Service are made through a secure third-party website(Payment Express). However, you acknowledge and agree that Internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you (including credit card information) may be able to be read and/or intercepted by a third party. Liverton shall have no liability for the interception and/or 'hacking' of any data or other unauthorised access to information provided by you for the purposes of the Services.
We will intercept communications and provide relevant data and account information (when requested by Department of Internal Affairs) for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in using the Liverton Service, you acknowledge and consent to this.
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
a. not to permit any other person to use your user name or Liverton account; and
b. not to disclose, or provide to any other person, your password, email address, or any other information in connection with your Liverton account that may allow them to gain access to your Liverton account.
You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

Indemnity:

You agree to indemnify Liverton for any loss, cost or expense suffered or incurred by the Liverton as result of:
Your breach of your obligations under the Online Payment Terms.
Intentional misuse of the Services.

Your negligent acts or omissions:

Any claim brought against Liverton by a third party in relation to your use of the Services.
Governing Law
Liverton is a 100% Kiwi/New Zealand owned and operated company and all website activities come under New Zealand legal jurisdiction.
These Terms are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with the Services and these Terms.
In using this service you are acknowledging that you have read and understood these Terms and agree to accept and abide by them.
Any rights you may have under the Consumer Guarantees Act 1993 and the Fair-Trading Act 1986 apply alongside the rights set out in these Terms, and are not affected or altered by them (including the exclusion of liability set out below).

Exclusion/limitation of the Liverton’s liability:

To the extent permitted by law, Liverton does not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the Services. If, for any reason, Liverton is found to be liable to you for any damage or loss which arises as a result of your use of the Services, Liverton’s liability shall be limited to the amount paid by you through the Service’s or $100, whichever is the lesser.
Speeds
Broadband speeds do vary. Factors which impact on speed include how close your you are to an access point, your computer's capability, Wi-Fi, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise). The day-to-day performance will also be affected by the number of users in the property and also on our network or the network of third parties that we use to provide the service to you.

Service Reliability:

Liverton is unable to provide specific performance guarantees, however we are committed to providing consistent and reliable Broadband Services. While we always strive to provide a consistent service, there are a number of factors that influence reliability of our Broadband Services. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Broadband Services at any one point in time. The stability and performance of the Liverton Service can be affected by a number of potential faults. A fault can commonly originate from the network, 3rd party provider, the website/service you are attempting to visit or your computer itself. If the service does not meet your expectations, our Customer Support team are trained to help identify where any potential fault lies and resolve this in a timely manner. As the Liverton Services can occasionally go down, occasionally network outages do occur, we cannot guarantee how quickly we can arrange for resolution of any problems with our Services. We will attempt to resolve any issues as soon as we reasonably can.

Retention of data:

All information on and provided to the Liverton system is subject to the Privacy Act. All personal information provided will not be kept for longer than is necessary. The Liverton system will record and retain usage records including subscriber details, the source and destination IP address of electronic communication, date, time, device connection details (e.g. MAC Address) and the total amount of data of the communication. Liverton system usage data is retained for 12 months, after which time this data is automatically deleted by the Liverton system and no longer available to the user. All information of a confidential or sensitive nature will be securely destroyed when it is no longer required.

Users:

When using this service to connect to the Internet outside of this accommodation property, for example, email, surfing and reading information on the Web, we collect and store the following information about you:
The IP and MAC address of your machine when connected to this service
The Username and/or Room name used to connect to this service
The date and time you use this service and the amount of data transmitted and received.
The web site names and IP addresses of site visited
That you have accepted the terms and conditions for use of this service
We use that information to record billing information and to measure the effectiveness of our system. Although we may review aggregated information about usage patterns, we do not disclose information about individual machines except for the reasons set out below.

We do not sell information that identifies you personally.
We may gather more extensive information if we are concerned, for example, about security issues. If we think it is necessary, we may disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.

Changing this policy:

We may change this policy at any time by changing or removing existing terms or adding new ones. Changes may take the form of a completely new policy. Any changes we make apply from the date we post it to this site.