Prepaid Mobile Terms And Conditions February 2017

Customer Terms
1.
ABOUT OUR CUSTOMER TERMS
These are the terms and conditions of MEDION Australia Pty Ltd ABN 58 106 611 330 (‘we’,
‘us’, etc) for all mobile communications goods and services that we supply branded ALDImobile.
They are a standard form of agreement for the purposes of section 479(2)(b) of the
Telecommunications Act 1997. They can be referenced as our ‘Customer Terms’.
2.
START DATE
This edition of our Customer Terms applies to PAYG Plans, Value Packs, Data Add-ons, Data
Packs and Super Packs that are purchased on or after 4 February 2017. Products purchased
before that date are subject to our published terms and conditions as at the date of purchase.
3.
INTRODUCTION TO OUR SERVICE
We supply the Service to our customers.
3.1
Our Service
Our Service includes:
(a)
‘Pay As You Go’ or ‘PAYG’ services – where you prepay an amount and some of it is
consumed in accordance with our Rate Tables (see clause 3.6 below) each time you
make a call, send an SMS or MMS or send or receive data. You must have a current
PAYG service with available Credit to be eligible to purchase Value Packs, Data Addons or Data Packs.
(b)
Value Packs – where you prepay an amount that entitles you to:
(i)
free ALDImobile to ALDImobile calls;
(ii)
an allowance of other standard call minutes (which may be unlimited in some
cases);
(iii)
an allowance of standard SMS and MMS (which may be unlimited in some cases);
(iv)
a data send/receive allowance;
(v)
in some cases – an allowance of international call minutes;
(vi)
the right to purchase Data Add-ons for an extra charge; and
(vii)
any other entitlements we offer.
These packs always have the words ‘Value Pack’ in their product name. You must have
a current PAYG service with available credit to be eligible to purchase a Value Pack.
(c)
Super Packs – are like Value Packs except that you do not need a current PAYG service
with available Credit to be eligible to purchase a Super Pack (but if you don’t have Credit,
you will not be able to use features that are not part of the Super Pack eg Video MMS
messaging). These packs always have the words ‘Super Pack’ in their product name.
(d)
Data Add-ons – where you prepay an amount that adds extra data to the data allowance
of a Value Pack or a Super Pack. You must have a current Value Pack or Super Pack
in place to be eligible to purchase a Data Add-on. Some Data Add-ons may be
compatible only with Value Packs; others may be compatible only with Super Packs.
(e)
Data Packs – where you prepay an amount that entitles you to a data send/receive
allowance. You must have a current PAYG service with available Credit to be eligible to
purchase a Data Pack.
Value Packs and Data Packs are alternatives. If you purchase a Value Pack, it will terminate
any Data Pack you already have. If you purchase a Data Pack, it will terminate any Value Pack
you already have.
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If you purchase a new Value Pack, any Credits remaining on your previous Value Pack are
cancelled.
If you purchase a new Data Pack, any Credits remaining on your previous Data Pack are
cancelled.
3.2
3.3
3.4
Credit expiry
(a)
All our products expire after a certain period of time – the Credit Expiry Period.
(b)
After the Credit Expiry Period for a PAYG service, Value Pack, Data Add-on or Data
Pack ends, any Credits are cancelled and there is no refund of those Credits.
Prepaid Service only
(a)
Our Service is provided on a prepaid basis.
(b)
Any reference to a ‘charge’, ‘cost’ or similar for using the Service means a deduction of
that amount from your Credits. It does not mean that you will later receive a bill that you
must pay.
Plans
We may offer PAYG service, Value Packs, Data Add-ons and Data Packs in the form of different
Plans which may each have their own price, description, entitlements, features, limitations,
Credit Expiry Period, and special conditions (Plan Terms).
3.5
3.6
3.7
Vouchers and activations
(a)
For some of our Plans, we may sell vouchers that allow you to use the Plan after you
activate the voucher on our web site,
(b)
A voucher or its packaging may state a date by which or a period within which it can be
activated. If it is not activated by this date or within this period, the voucher lapses and
its credit is lost.
Rate Tables
(a)
For some of our Plans, there is no separate rate for making a call, sending an SMS, etc
(eg where the Plan includes an allowance of minutes for a certain call type, or unlimited
SMS’s.)
(b)
Where a separate cost does apply for using the Service (eg making a call under a PAYG
service), the applicable rates and charges are set out in the Rate Tables in the Rates
section of our website. Please check the Rate Tables carefully to see what fees and
charges apply to your use of the Service.
Policies
We publish Policies (eg an Acceptable Use Policy) that apply to the Service.
4.
YOUR CONTRACT
(a)
Your Contract consists of:
(i)
Plan Terms;
(ii)
Rate Tables;
(iii)
these Customer Terms;
(iv)
your application for the Service;
(v)
Policies.
In case of any inconsistency, a document listed earlier above prevails over a document
listed lower.
(b)
You may obtain a copy of the current version of the above documents from us or at
www.ALDImobile.com.au.
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5.
CONSUMER GUARANTEES
(a)
(b)
Under the Australian Consumer Law (ACL), consumers (as defined in the ACL) have the
benefit of certain Consumer Guarantees:
(i)
that cannot be excluded or modified; and
(ii)
where the consumer’s rights in case of breach cannot be limited by your Contract,
or can only be limited to a certain extent.
Your Contract never operates to exclude or modify the Consumer Guarantees (where
they apply) or to limit your remedies for breach of them (in a way that is not permitted by
law).
6.
LIMITATIONS ON SERVICE
6.1
Personal use only
(a)
You may use the Service for personal use only.
(b)
You must not use the Service:
(i)
for non-personal use;
(ii)
for business or commercial use;
(iii)
for machine-to-machine use;
(iv)
to provide a wholesale service (including to transit, refile or aggregate domestic
or international traffic) on the network through which we provide Service;
(v)
(including any SIM card) in connection with a device that switches or reroutes calls
to or from the network through which we provide the Service or the network of any
supplier –
without our prior written consent, which we may withhold in our absolute discretion.
6.2
Use in Australia only
Unless we notify you otherwise, the Service can only be used in Australia and international
roaming is not supported.
6.3
Device capabilities
Your use of the Service will partly depend on the quality, condition and capabilities of the
handset or tablet you supply. For instance:
6.4
(a)
a handset that is only 3G-capable cannot access 4G features of the Service; and
(b)
a tablet may not be capable of making or receiving voice calls or sending or receiving
SMS.
Coverage
(a)
The Service is not available in all areas of Australia. You may obtain actual coverage
maps showing where the Service is available in Australia from us or at
www.ALDImobile.com.au. You are responsible for inquiring whether coverage is
available in the area in which you would normally use the Service.
(b)
In areas that the Service is available, it is technically impracticable for us to guarantee
that:
(c)
6.5
(i)
the Service is available in each place within an area where there is coverage;
(ii)
‘drop-outs’ will not occur during a call; and
(iii)
there will be no congestion.
Due to technical reasons, we are not able to guarantee that calls to ‘13’ or ‘18’ prefix
numbers will be diverted to the nearest location for that ‘13’ or ‘18’ prefix number.
Policies
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You must comply with all Policies applicable to the Service.
7.
REQUIREMENTS FOR USING THE SERVICE
7.1
To use the Service you must:
(a)
have a compatible phone handset or tablet, which you must supply and maintain at your
own cost;
(b)
buy an ALDImobile SIM card (if you don’t already have one);
(c)
if your SIM card is not already activated, activate it either at www.ALDImobile.com.au or
by calling 1300 989 000 (normal charges apply) or 2534 (free call from an ALDImobile).
When activating a SIM card, you’ll need to:
(i)
provide us with your details and other information; and
(ii)
complete an identity verification as required by Australian law;
(d)
select and pay for a PAYG service (if you don’t have a current one with available credit);
and
(e)
select and pay for any Value Pack or Data Pack that you want to have access to.
If you are already a user of the Service and you renew your PAYG service or add a Value Pack
or a Data Pack, we call that a Recharge.
7.2
You may only have five activated ALDImobile SIM cards in your name at one time.
7.3
You must activate your SIM card before any expiry date shown on the SIM pack (if any). If you
do not, the SIM card may be cancelled and unable to be activated.
8.
OWNERSHIP AND CARE OF THE SIM CARD
Ownership of the SIM card
(a)
We own the SIM card and it remains our property at all times.
(b)
We may request that you return the SIM card if we issue you with a replacement SIM
card or if we no longer supply the Service to you. We may charge you a replacement
fee if you do not return the SIM card upon our request.
(c)
You must not interfere with or impair the operation of the SIM card.
(d)
You must keep the SIM card secure and only use it to access the Service.
9.
CHARGES FOR THE SERVICE
9.1
You pay for the Service by buying and prepaying for a PAYG service and any:
(a)
Value Pack and optional Data Add-on; or
(b)
Data Pack –
that you choose.
These prepayments cover all charges for using the PAYG service, Value Pack, Data Add-on or
Data Pack, up to the limit (if any) of your prepaid entitlements until the applicable Credit Expiry
Period ends. When your prepaid entitlements for a PAYG service, Value Pack, Data Add-on or
Data Pack have been used up or expired, you must Recharge to continue using that part of the
Service.
9.2
Your prepaid credit for a PAYG service is reduced:
(a)
each time you make a call, send an SMS or MMS, send or receive data, etc that is not
covered by a current Value Pack or Data Pack – in accordance with our Rate Tables;
and
(b)
if you have sufficient PAYG credit to do so, and you choose to apply some of it towards
buying a Value Pack, Data Add-on or Data Pack – by the amount you apply.
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9.3
For a Value Pack:
(a)
your prepaid entitlement for any limited allowance of call minutes is reduced by the
duration of each outbound call you make, rounded up to the nearest minute;
(b)
your prepaid entitlement to send/receive data is reduced by the amount of data you
send/receive, with each data transmission being rounded up to the nearest kilobyte.
9.4
For a Data Pack, your prepaid entitlement to send/receive data is reduced by the amount of
data you send/receive, with each data transmission being rounded up to the nearest kilobyte.
9.5
All usage of the Service via your SIM card is to your account, whether or not you authorised it.
9.6
Our wholesale service provider does not promise refunds or credits where the Service is
disrupted or unavailable for any period. Because of that, and to allow us to offer the low prices
that we do, we do not promise refunds or credits in those circumstances, unless the ACL entitles
you to a refund or credit.
10.
TRANSFERRING AND FORFEITING CREDITS
10.1
Subject to clause 10.4 below, unused prepayments (Credits) cannot be converted into or
redeemed as cash, refunded or credited.
10.2
Except where we expressly give you the option to apply all or part of your Credits to other
accounts you have with us, you may not do so.
10.3
We will transfer any existing Credits:
10.4
(a)
if your SIM card is lost, stolen or damaged and you purchase a new SIM card for use
with the Service – as long as you purchase the replacement SIM card and request Credit
transfer within 10 days; or
(b)
where your phone number is changed in accordance with clauses 16.3 and 16.4 below.
If we cancel the service for convenience, we will:
(a)
refund any Credits, not including any special offer Credits that may have been applied;
or
(b)
with your consent, apply those Credits for use on another service you have with us.
10.5
If the service is cancelled for any other reason than for convenience (including under clause 22
below), any Credits are cancelled.
11.
MINIMUM CREDIT
11.1
If your SIM card is active but your Credit balance is zero:
(a)
you can receive calls and SMS;
(b)
you can make calls that are designated as free eg to emergency services;
(c)
you can make calls to ALDImobile Customer Care on 1300 989 000 or 2534;
(d)
you can send an SMS to ‘590’ to Recharge your account –
but you cannot othewise use the Service.
11.2
You must have sufficient Credits on your account to make outgoing calls, send SMS or MMS,
or to use other ALDImobile services.
11.3
You cannot make a call or send an SMS or MMS if the Credits in your account are less than
the cost of the call, SMS or MMS, except to emergency services, or to Recharge.
11.4
You cannot use data unless you have data Credits under a Value Pack (including any Data
Add-ons) or a Data Pack, or sufficient PAYG Credits for the data session. In this case, you will
be unable to use your handset to Recharge using our website or the ALDImobile smartphone
app.
11.5
We may terminate a call or data session without notice if your Credits run out during the call or
data session.
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11.6
If your Credits are running low we may send a low balance alert, but we are not obliged to.
12.
CREDIT EXPIRY
12.1
PAYG Plans
PAYG Credits expire after 365 days, except that:
12.2
(a)
each time you Recharge your PAYG Credits, all your PAYG Credits (ie the PAYG Credits
from the Recharge plus any other PAYG Credits you had) reset to a new 365 day expiry
period;
(b)
if your PAYG Credits are due to expire while you have a current Value Pack, your PAYG
Credits are extended until that Value Pack expires. (You cannot extend them again by
adding another Value Pack after that.)
S, M, L, XL and XXL Value Packs
The S, M, L, XL and XXL Value Packs expire after 30 days (unless otherwise specified) and
remaining Credits are then cancelled (except for any rollover data that may be available under
clause 15).
12.3
12.4
Value Pack Data Add-ons
(a)
A Data Add-on expires when the Value Pack it was “added on to” expires. For instance,
if you buy a Data Add-on on the 20th day of a Value Pack, the Data Add-on expires after
10 days, at the same time as the Value Pack.
(b)
However, unused Data Add-on allowance might be eligible for rollover to your next Value
Pack – see clause 15 for details.
1.5GB and 4GB Data Packs
The 1.5GB and 4GB Data Packs expire after 30 days (unless otherwise specified) and
remaining Credits are then cancelled.
12.5
6GB Data Pack
The 6GB Data Pack expires after 90 days (unless otherwise specified) and remaining Credits
are then cancelled.
12.6
12.7
1 Year Super Pack & Data Add-ons
(a)
The 1 Year Super Pack expires 365 days after the Plan is activated.
(b)
If the 1 Year Super Pack is not activated by 31 January 2018, it lapses and its credit is
lost.
(c)
Data Add-ons of 2GB are available for the 1 Year Super Pack but:
(i)
those Data Add-ons expire after 30 days or when the 1 Year Super Pack expires
or when you add a further Data Add-on – whichever comes first;
(ii)
you may purchase a maximum of 10 Data Add-ons during the 365 day life of the
Super Pack; and
(iii)
data rollover does not apply to these Data Add-ons.
No obligation to notify re expiry of Credits
We are under no obligation to notify you that Credits are about to be or have been cancelled.
13.
SERVICE CANCELLATION
13.1
If:
(a)
your PAYG Credit has fallen to $0, or has expired under clause 12.1; and
(b)
you do not Recharge your PAYG Credit within the next 90 days (Additional Period) –
your Service may be permanently cancelled (which may result in permanent loss of the phone
number of your Service). We may send you a cancellation alert but we are not obliged to.
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13.2
During the Additional Period:
(a)
you can receive calls and SMS;
(b)
you can make calls that are designated as free eg to emergency services;
(c)
you can send an SMS to ‘590’ to Recharge your account;
(d)
you can call us on 2534 for assistance in Recharging –
but you cannot othewise use the Service.
14.
RECHARGES
14.1
You may Recharge your Service:
(a)
by purchasing a Recharge value at www.ALDImobile.com.au;
(b)
by calling us on 1300 989 000 (normal charges apply) or 2534 (free call from an
ALDImobile);
(c)
via credit card by using the SMS Recharge service;
(d)
via the ALDImobile mobile device application (the ALDImobile “app”); or
(e)
by purchasing a Recharge voucher in-store.
Not all of the above methods can be used for all types of purchases.
14.2
To recharge your prepaid service with a credit card, we require you to register your credit card
details at www.ALDImobile.com.au.
14.3
We may:
(a)
limit the number of credit cards you may register; and
(b)
limit the number of times you may change the registered credit card you use to Recharge
your Service; and
(c)
place a maximum or minimum credit limit on each transaction or on your Service.
14.4
Subject to clause 14.3, we may offer an automatic Recharge facility on our plans (including
Value Packs and Data Packs). You must ensure you have sufficient Credits to cover usage for
72 hours in case the automatic Recharge is delayed. .
14.5
Subject to the Consumer Guarantees, we are not liable to you for any delay or failure of a
Recharge (including an automatic Recharge). It is your responsibility to check that each
Recharge has been successfully processed.
14.6
We may SMS or email you to confirm that a Recharge has been successfully processed, but
we are not obliged to.
14.7
You will be able to access your Recharge and usage history for the previous 3 months’ (up to
a maximum of 500 transactions) online by logging into my ALDImobile at:
www.ALDImobile.com.au.
14.8
We may impose a limit on the amount of PAYG Credits you may have at any time.
15.
DATA ROLLOVER
15.1
Data rollover only applies to:
(a)
eligible Value Packs – see Critical Information Summary to confirm eligibility; and
(b)
eligible data.
It does not apply to Data Packs.
15.2
“Eligible data” means unused data allowance that is:
(a)
part of the standard data allowance of an eligible Value Pack (including any 1GB data
add-ons you have purchased); and
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(b)
has not previously been rolled over.
Data that has been rolled over once is not eligible to be rolled over a second time.
15.3
Your Value Pack's (first Value Pack) eligible data will automatically roll over to your next Value
Pack (second Value Pack) if:
(a)
the first Value Pack is eligible; and
(b)
the second Value Pack:
(i)
is also eligible;
(ii)
is an equal or higher price Value Pack; and
(iii)
is added no later than 24 hours after the first value pack expired.
In any other case, your Value Pack's unused data allowance will be cancelled when the Value
Pack expires.
Any available rolled over data will be consumed before the second Value Pack's standard data
allowance. We may notify you by SMS when available rollover data is consumed, but we are
not obliged to.
16.
PHONE NUMBERS
16.1
If you do not already have a phone number for your mobile phone for use with the Service, we
will issue you a phone number.
16.2
All phone numbers are selected, issued and used by us in accordance with the Australian
Communication and Media Authority’s Numbering Plan and Telecommunications Numbering
Plan Number Declarations (Numbering Regulations).
16.3
We may be required to vary, withdraw, suspend or re-assign a phone number we have allocated
you in order for us to comply with the Numbering Regulations. We will give you as much notice
as is reasonably practicable if we have to do this.
16.4
If you need a new phone number because you have received calls of a harassing nature and
you reported the matter to the relevant law enforcement agency, we will supply you with a new
phone number free of charge on the first occasion. You will have to pay a charge for any further
phone number changes.
16.5
You do not own the phone number and your right to use the phone number ends if you no
longer obtain the service unless you transfer (“port”) the phone number (see clause 17).
16.6
If you stop obtaining the service and do not port the phone number, we may issue the phone
number to another customer in accordance with the Numbering Regulations.
16.7
Our liability to you in respect of phone numbers
We are not liable to you for any expense or loss incurred by you or related to your use of the
Service due to:
(a)
any variation, withdrawal, suspension or re-assignment of the phone number under
clause 16.3; or
(b)
your ceasing to have the right to use the phone number under clause 16.5.
17.
MOBILE NUMBER PORTABILITY
17.1
You may be able to port a phone number you have obtained from another carrier or carriage
service provider when you connect to the Service.
17.2
By processing a port request during an online activation or by having your port authorisation
voice recorded, you:
(a)
authorise us to sign on your behalf and in your name forms of authority to your current
supplier to port your phone number to us;
(b)
authorise your current supplier to port your phone number to us;
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(c)
authorise us to disclose information in the port authorisation to other suppliers in the
event of dispute over porting to us; and
(d)
will remain responsible for all amounts owing to your current supplier for any services
they supply to you.
17.3
If you have submitted a port request online or had your port authorisation voice recorded to port
your phone number to us from your previous supplier, we will use all reasonable efforts to port
your phone number as soon as possible, but we have no liability to you for any delays in porting.
17.4
We will not charge you a fee for porting a phone number from another carrier or carriage service
provider, unless you port a mobile number to us more than once, in which case we may charge
you an administration fee.
17.5
You must not cancel the service you have with the other carrier or carriage service provider
before you port the phone number. We will inform the carrier or carriage service provider from
which you have ported the phone number that you have ported the phone number and they will
cancel the service.
17.6
You may need a new mobile phone or you may need to have your mobile phone unlocked if
you are porting between different mobile networks or types of mobile networks.
17.7
You can port a phone number you have obtained from us for use with the Service to another
carrier or carriage service provider.
17.8
You must not cancel the Service before you port the phone number. The carrier or carriage
service provider to which you have ported the phone number will inform us that you have ported
the phone number and we will then cancel the Service.
17.9
You can only port the phone number, you cannot port any Credits or value added services (eg
voicemail).
17.10
You may only port a phone number for which you are the authorised customer.
17.11
Any Credits you have on your Service will be forfeited if you port the phone number to another
carrier or carriage service provider.
18.
YOUR MOBILE PHONE
18.1
You may choose to use a mobile phone you have or have obtained from a third party.
18.2
If you choose to use a mobile phone that you have obtained form a third party:
18.3
18.4
(a)
To protect consumers from illegal trade in mobile phones, if we have a reasonable belief
that your mobile phone is stolen, we may ask you to provide proof of ownership.
(b)
If we ask you to provide proof, you must provide us with that proof within ten business
days.
We give no warranty:
(a)
that the mobile phone you provide is suitable for use in connection with the Service or
any of its features; or
(b)
about the quality of your mobile phone.
You are responsible for making sure that:
(a)
all regulatory approvals for your mobile phone have been obtained; and
(b)
your mobile phone complies with all relevant technical regulations and specifications at
all times.
18.5
You are responsible for the maintenance of your mobile phone.
18.6
If your mobile phone appears to be faulty or interferes with the Service, we are entitled to require
you to:
(a)
provide your mobile phone for us to inspect; and/or
(b)
cease using that mobile phone until the problem has been corrected.
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19.
LOST OR STOLEN MOBILE PHONE OR SIM CARD
19.1
If your mobile phone or your activated ALDImobile SIM card is lost or stolen:
(a)
We are not responsible for it.
(b)
You must notify us on 1300 989 000 (normal charges apply) or 2534 (free call from your
ALDImobile) as soon as possible.
(c)
Within a reasonable time we will bar outgoing calls, suspend the Service and/or activate
IMEI blocking on your mobile phone. You are liable for all usage of the Service until then.
(d)
If we become aware of the loss or theft, and you have not notified us, we may cancel the
Service but we are not obliged to.
(e)
We may charge a fee for a replacement SIM card.
(f)
If you find your mobile phone or it is returned to you, we will reactivate the Service
(including any value added service features eg call diversions), if you request it within 30
days of the original deactivation.
(g)
To contact emergency services while your phone is blocked you must dial 000 (or 112).
(h)
Customers with hearing impairments who wish to access the TTY 106 emergency
services number from their mobile phone should be aware that this number may not work
from some blocked mobile phones.
19.2
If you obtain a mobile phone that we reasonably believe is lost or stolen, we may request IMEI
blocking to be activated on your mobile phone without your consent, even if you are not aware
it is stolen.
19.3
If you obtain the Service from us under false pretences, we may request IMEI blocking to be
activated on your mobile phone without your consent.
19.4
If we know you have made an insurance claim when your mobile phone is lost or stolen, if IMEI
blocking is not already activated we will contact the network carrier and request IMEI blocking
to be activated on your mobile phone.
19.5
In the event we activate or de-activate IMEI blocking on your mobile phone, we will inform other
national carriers to put this block or unblock into effect on their own networks.
20.
PHONE NUMBER DISPLAYS
20.1
Calling Number Display (CND)
20.2
(a)
If you do not bar CND on your mobile phone, the phone number assigned to you may be
displayed on the phone of the person you are calling.
(b)
When another person calls you, the phone number of that person may be displayed on
your mobile phone if that person has not barred CND on their phone.
SMS and MMS
When you send an SMS or MMS, the phone number assigned to you or your name may be
displayed on the phone of the person to whom you are messaging. You cannot bar the phone
number assigned to you or your name when you send a SMS or MMS.
21.
ACCESS RESTRICTIONS
21.1
At your request we can bar certain call types made from the mobile phone. We cannot bar calls
to emergency service numbers 112 and 000.
21.2
The Service can only be used for standard mobile voice calls, standard international calls,
standard international SMS, standard SMS, standard MMS, call forward, voicemail and
standard data services
21.3
The Service cannot be used for, but not limited to:
(a)
fax (including to make international fax calls) and paging services;
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(b)
international roaming; or
(c)
call information services such as premium voice services (including, for example, calls
to most 1901 or 1902 prefix numbers) unless specified.
21.4
We may provide access to some 190 services for calls, SMS or MMS.
21.5
Some Plans may restrict access to premium SMS services.
21.6
Access to some international countries is activated automatically on some Plans. If you want to
bar access to international calls, or request access to international calls contact us by calling
us on 1300 989 000 (normal charges apply) or 2534 (free call from an ALDImobile).
22.
IMPORTANT RIGHTS OF SUSPENSION AND CANCELLATION
22.1
Without limiting other rights we may have to suspend or cancel your Service, we may do so
without prior notice if:
23.
(a)
you breach clause 6.1;
(b)
you breach any other clause of your Contract, and the breach is likely to cause serious
or permanent harm to any person (including us or our supplier);
(c)
you breach any other clause of your Contract and do not cure the breach within 5 days
of our request that you do so;
(d)
we reasonably believe that your account may have been used in connection with fraud
or other unlawful conduct;
(e)
we reasonably believe that, or we are informed by law enforcement authorities that they
believe, the identification evidence provided by you in connectiom with the Service is
incorrect, false or inadequate;
(f)
you transfer your SIM card to another party without obtaining our consent, or do not
provide sufficient details of the identity of the other party; or
(g)
you engage in fraudulent Recharge behaviour.
SUPPLIER AND THIRD PARTY SERVICES
You acknowledge that:
24.
(a)
the Service relies for its operation on the services of suppliers who are not controlled by
us, and
(b)
we do not exercise any control over, authorise or (subject to the Consumer Guarantees)
make any warranty regarding:
(i)
your right or ability to use, access or transmit any content using the Service;
(ii)
the accuracy or completeness of any content which you may use, access or
transmit using the Service;
(iii)
the consequences of you using, accessing or transmitting any content using the
Service, including without limitation any virus or other harmful software; or
(iv)
any charges which a third party may impose on you in connection with your use
of their services accessed via the Service.
LIMITATION OF LIABILITY
(a)
Nothing in our Customer Terms excludes or limits the operation of the Consumer
Guarantees or any other rights or remedies that, by law, cannot be excluded.
(b)
Subject to clause 24(a), we exclude all liability arising under or in connection with our
Customer Terms, Your Contract or the Service whether direct, indirect or consequential
and whether arising under common law, statute or otherwise, and whether or not of a
kind of which we are or should be on notice.
11
25.
26.
DICTIONARY
(a)
Terms that are defined in the body of our Customer Terms have the same meaning
throughout.
(b)
Machine-to-machine use means use where a device initiates a communication without
human interaction. (For example, a vending machine sending wireless packet data to
another machine, or a burglar alarm sending an SMS.) It does not include data
communication from a mobile handset that is ancillary to personal use of the handset
(such as checking emails).
DOCUMENT VERSION CONTROL
Version
Description
Date
1.0
Initial Document
March 2013
1.1
Removed clause 6.3 as information was incorrect.
Correction to 5.11 about how auto-recharge works.
Additional information added to 5.12 and 5.13 about delays
to recharges.
January 2014
1.2
Updated bolt-on references to ‘Value Packs’ in line with new
plans
June 2014
Removed ref to providing a handset (Sec 8) General
amendments for correction purposes
1.3
Updated the reference to the law in 2.3.3
August 2014
2
Updated branding only
October 2014
2.1
Updated Value Pack Offerings
January 2016
3.0
Updated to support data rollover and reorganised terms for
extra clarity
August 2016
3.1
Updated to document terms of 1 Year Super Pack and its
Data Add-ons, and to explain how vouchers and voucher
activation dates work.
February 2017
12
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