mPass Terms and Conditions

  1. Definitions
    Air NZ means Air New Zealand Limited.
    mPass means the electronic barcode received by you on your mobile handset.
    mPass Service means the service provided by Air NZ to enable customers to obtain an mPass via the mPass Software.
    mPass Software means the software provided by Air NZ for the use of the mPass Service, including any files, images, code and data, and any future updates to the software.
    Site means either www.airnz.co.nz or airnz.mobi.
    Terms and Conditions means the terms and conditions set out in this document and as varied from time to time at the sole discretion of Air NZ.

    A reference to these Terms and Conditions includes a reference to the document as amended or replaced at the sole discretion of Air NZ.

    A reference to "we", "our" "ourselves" or "us" means Air New Zealand Limited.

    A reference to "you", "your" or "yourself" means the person using the mPass Service or mPass Software.

  2. mPass
    2.1     The mPass Service is only available to passengers who have downloaded the mPass Software and who are travelling on an Air NZ domestic flight.
    2.2     mPass is not a guaranteed service and could be cancelled at any time without warning.
    2.3     Customers using mPass should check in at the original advised time prior to a flight departure.
    2.4     Air NZ does not accept liability for any consequences or expenses incurred either directly or indirectly as a result of or in connection with booking information given in an electronic message, or any failure of an electronic message to be initiated by Air NZ or received by you, due to any cause whatsoever.

  3. Mobile device compatibility
    3.1     To use the mPass Software you must have Java runtime installed and internet browsing capability on your mobile handset.
    3.2     The mPass Software may not be compatible with all mobile handsets.
    3.3     If the barcode on the mPass cannot be rendered to a suitable size on your mobile handset for scanning or for any reason you are unable to use your mPass to board your flight, you will need to obtain another valid form of boarding pass from Air NZ in order to board your flight.

  4. Costs
    You are responsible for all costs incurred in downloading and using the mPass Software and the mPass Service.

  5. Intellectual property rights
    5.1     This site, and the mPass Software, is owned and operated by Air NZ.
    5.2     No material from this site may be reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Air NZ, except that you may download one copy of the mPass Software on a single mobile device for your own personal use, provided you keep intact all accompanying copyright and other proprietary notices. Modification of any of the materials or use of the materials for any other purpose will be a violation of Air NZ's copyright and other intellectual property rights.
    5.3     If you download the mPass Software from the site, the mPass Software is licensed to you by Air NZ. Air NZ does not transfer title to the mPass Software to you. You own the medium on which the mPass Software is recorded, but Air NZ retains full and complete title to the mPass Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the mPass Software.

  6. Statistics
    To help us improve our service, Air New Zealand may collect and report anonymous data regarding the usage of mPass. This information does not personally identify users, by itself or in combination with other information

  7. Restricted use
    7.1     You may not use the mPass Software or mPass Service for any unlawful or prohibited purpose or in any way that may cause a security threat.
    7.2     You may not use any device, including any software or routine, which interferes with the normal operation of the mPass Software or take any action that imposes an unreasonable load on Air NZ's servers or other computer equipment, or the computer equipment of Air NZ's internet service providers.
    7.3     You may not use any software, programme, algorithm, methodology or other automatic device, including any spider, robot, or otherwise, to monitor, copy, collect or harvest any data, information or content found on this site or in the mPass Software, or use any manual process for the same purpose.

  8. Termination
    8.1     This agreement is effective until terminated by either party.
    8.2     You may terminate this agreement at any time by destroying all materials relating to the mPass Software or the mPass Service obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.
    8.3     Air NZ will terminate this agreement immediately without notice if, in Air NZ's sole discretion, you fail to comply with any of its terms or conditions or you use the mPass Software or mPass Service for any unlawful or prohibited purpose or in any way that may cause a security threat.
    8.4     On termination, you must destroy all materials relating to the mPass Software or the mPass Service obtained from the Site and any and all other Air NZ sites(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

  9. Disclaimer
    9.1     The mPass Software and the mPass Service are provided "as is" and without warranties of any kind either express or implied.
    9.2     To the fullest extent permissible and subject and pursuant to applicable law, Air NZ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
    9.3     Air NZ does not warrant that the mPass Service or the mPass Software will be uninterrupted or error-free, that defects will be corrected or that this site, the mPass Software or the server that makes it available is free of any virus or other harmful elements. Air NZ does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the mPass Software or the mPass Service or the results of its use.
    9.4     Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 (New Zealand) if it is applicable.
    9.5     If you acquire or hold yourself out as acquiring for the purposes of a business any services to which these Terms and Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) shall not apply to our supply of such services.

  10. Limitation of liability
    10.1     Subject to applicable law, under no circumstances, including, but not limited to negligence, will Air NZ be liable for any special or consequential damages that result from the use of, or the inability to use, the mPass Software or the mPass Service, even if Air NZ or an Air NZ representative has been advised of the possibility of such damages.
    10.2     In no event shall Air NZ's total liability to you for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise exceed the amount paid by you to us, if any, for accessing this site and downloading the mPass Software.

  11. Force majeure
    Air NZ shall have no liability to you if it is prevented from, or delayed in performing, the mPass Service by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) industrial disputes (whether involving the workforce of Air NZ or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

  12. Variation to Terms and Conditions
    Air NZ reserves the right to amend these Terms and Conditions at any time, in its sole discretion. Any amendments to these Terms and Conditions will be effective immediately upon posting on our website. It is your responsibility to check for amendments before using the mPass Service.

  13. Severability
    If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

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