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General Terms for Prepaid Mobile Service
gotalk Standard Form of Agreement for Prepaid Mobile Services
gotalk Unlimited Talk & Txt Pack
Wireless Broadband Terms & Conditions
Fair Go Policy
gotalk Limited (ACN 091 707 970) and gotalk communications Pty Limited (ACN 091
320 348) ("gotalk") will provide you with such telecommunication services as we
may agree to provide you from time to time using our facilities and services, those
of our subsidiaries and those of other Suppliers.
To understand your rights and obligations under our Customer Terms You can obtain
a copy of these terms by visiting www.gotalk.com.au or by calling 1800 468 255.
1.1 In these General Terms, the following words and abbreviations have the following
ACMA means the Australian Communications and Media Authority.
Application means a gotalk application for Services whereby you
have either: signed a form;given a verbal voice recording;registered online;or subscribed
to our Services by any other means that we may provide to you for that purpose,
from time to time.
Charge means amounts payable to us for the Services.
Credit Reporting Agency has the meaning given to it in the Privacy
Customer means a Person who enters into our Customer Terms for
a Service (including for supply of that service to another Person) or who otherwise
acquires a Service from us.
Customer Terms has the meaning given to term in clause 2.1.
Equipment means any hardware, software or other infrastructure
used that is necessary for the use of a Service.
Facility has the same meaning as under the Telecommunications Act
1997 and includes any line, tower, mast, antenna, tunnel, hole, pit or pole used
in connection with a Service.
General Terms means this standard form of agreement.
GST means the tax introduced by the A New Tax System (Goods and
Services Tax) Act 1999.
Intellectual Property means all rights conferred under statute,
common law and equity in and in relation to trade marks, trade names, logos and
get up, inventions, patents, designs, copyright, circuit layouts, confidential information,
know-how and trade secrets and all rights and interests in them or licences to use
any of them and includes Moral Rights (as moral rights are described in the Copyright
Act, 1968 (Cth.) (as amended)).
MNP Code has the meaning given to that term in clause 7.1.
MSN means a Mobile Service Number allocated under the Telecommunications
Network means our "telecommunications network" as defined under
the Telecommunications Act 1997.
Notice in relation to us providing you with the relevant information
Notice in relation to you providing us with notice means:
Offer means a special offering that we may make available from
time to time to eligible Customers.
Person means, as the context requires a natural person, body corporate,
unincorporated body or other legal entity and includes a reference to that person's
executors, successors, attorneys and assignees.
Plan means the specific plan that you subscribe to for the use
of a Service.
Port means the transfer of a MSN between Suppliers of telecommunications
visiting our website
www.gotalk.com.au or you can receive a hard copy by calling us on
1800 468 255.
Related Body Corporate has the meaning given by section 50 of the
Corporations Act 2001(Cth).
Schedule of Charges as per the schedule that can be found at the
end of this document (or such varied schedule of charges as may be displayed on
www.gotalk.com.au from time to time).
Service or Services means any telecommunication service (including
the offered prepaid mobile service) subscribed for by a Customer and includes any
goods or Equipment provided in connection with a Service.
Service Entitlements means those features which make up your Service
(including but not limited to, the included value or the download entitlement included
with your Plan or any other service credits included as part of your Service from
time to time).
SIM card means the subscriber identity module card to be used with
a mobile handset to enable use of the Services.
SIM pack means the SIM card and other material provided by us to
enable you to begin using the Services.
Supplier means other carriers;telecommunications service providers,
software or Equipment suppliers.
Tax Invoice means the definition given in the A New Tax System
(Goods and Services Tax) Act 1999 (Cth).
Telecommunications Numbering Plan means the Telecommunications
Numbering Plan 1997, which established a framework for the numbering of carriage
services in Australia, for further information please visit the Australian Communications
and Media Authority's website at www.acma.gov.au.
We, we, Us, us, Our, our means gotalk.
You, you, Your, your means our Customer.
2.1 Our Customer Terms are made up of:
2.2 If a term in our Customer Terms is uncertain, then if it is reasonable in all
the circumstances to do so, the interpretation that is most favourable to you, will
2.3 You enter into these Customer Terms when you:
2.4 The Service will be supplied under our Customer Terms. In the event inconsistencies
within our Customer Terms then they are to be given the following order of importance:
2.5 The agreement between you and us will be governed by the laws of New South Wales.
3.1 From time to time, we may need to change our Customer Terms. For example, if
one of our Suppliers changes the terms on which they supply services to us, or changes
the functionality or nature of a Service, or its underlying technology, we may need
to change the terms on which we supply the Services to you. Consequently we do not
offer to provide you with ongoing supply of a Service on the same terms and conditions
as exist when we first commenced providing that Service to you. You acknowledge
and agree that from time to time the nature of your Services and the terms on which
we supply those Services may change. If we need to change our Customer Terms then
we will give you Notice as set out below.
3.2 We will give you reasonable Notice of any changes to our Customer Terms. Where
that change relates to any change to, introduction or withdrawal of all or any offers
and/or pricing we will give you 7 days notice by putting that notice on the gotalk
If you are unhappy with any change to our Customer Terms, please let us know by
sending us a Notice or by lodging a complaint in accordance with clause 25 of these
Customer Terms. If you recharge or otherwise use your prepaid mobile account after
Notice has been given to you, you are deemed to have accepted the changes to our
Customer Terms from their date of effect and the amended Customer Terms will then
govern the relationship between you and us from that date.
4.1 When you apply for a Service with us, we are not obliged to accept your Application.
We may decide whether to supply our Services to you based on the following:
4.2 This Service allows you to:
4.3 The Service is not available in all areas of Australia. It is your responsibility
to check that mobile coverage exists at the location(s) at which the Service is
to be used. You may obtain coverage maps showing where the Service is available
www.gotalk.com.au or by calling 1800 468 255. Even if the Service
is available in your area, we cannot guarantee that:
4.4 To be able to connect to the Service, you will need:
4.5 When activating the SIM card, the correct details for the person who will be
using the Service must be provided. By activating the SIM card, you warrant that
the correct details have been provided to gotalk.
5.1 The Telecommunications Numbering Plan 1997 (as amended from time to time) sets
out rules for issuing, transferring and changing telephone numbers. If you do not
already have a phone number for use with the Service, we will issue you with a phone
number. We do not confer any ownership or legal interest or goodwill in any telephone
number issued to you. You are entitled to continue to use any telephone number we
issue to you, except in circumstances where the Telecommunications Numbering Plan
1997 allows us to recover the number from you.
6.1 For details on how to recharge your credit, see www.gotalk.com.au.
6.2 You cannot make a call for which the credit on your prepaid account is insufficient
to meet the minimum call credit required for that call (unless you are making a
call to emergency services or to credit card recharging).
6.3 We may terminate a call without notice if the credit on your prepaid account
runs out during that call.
6.4 The credit on your prepaid account will expire in accordance with the timeframes
specified in your Plan. At the time of expiry, any unused credits will be forfeit.
You cannot claim a credit or a refund for any such forfeited credits.
6.5 Each time credits are added, a fresh credit validity period begins for those
additional credits. For all plans the previous balance rolls over when you recharge.
6.6 If the credit on your prepaid account has expired and/or is zero, you must add
fresh credit within 6 months. If you do not do so, we may cancel the Service without
notice and reallocate your number to another customer. If you add even the minimum
credit denomination during that 6 month period, the Service will be fully restored.
6.7 You may be able to continue to receive calls and SMS within 3 months of the
date the credit on your prepaid account has expired and/or is zero. However, after
the expiry of that 3 month period, we may cancel this facility without notice to
you (unless you have recharged your credit in the interim).
7.1 You may be able to Port a MSN you have obtained from another Supplier to us.
Should you wish to do so, please contact us to initiate the Port. If in providing
the Services to you, we need to change your arrangements with your current Supplier,
then we will do so in accordance with this clause. If you wish to transfer your
existing MSN to us, you must notify us of your wish to Port when ordering the Starter
Pack or SIM Pack or when you activate the SIM card. You must not cancel the service
you have with the other Supplier before you request the port of the phone number
to us. We will inform the Supplier from whom you wish to port the phone number that
you have ported the phone number and they will cancel your service with them. Porting
will take place in accordance with the Australian Communications Industry Forum
industry code Mobile Number Portability ACIF C570:2005 ("MNP Code"). You agree that:
7.2 You can Port a MSN you have obtained from us for use with the Service to another
Supplier. We may charge you an administration fee of $35 to Port your MSN to another
Supplier where the initial request to Port your MSN to that other Supplier is unsuccessful
due to your actions or due the actions of that other Supplier and additional administration
work is required on the part of gotalk in order to finalise the Port. Please note
that if you Port Your MSN to another Supplier:
8.1 Currently gotalk does not offer access to any premium services as part of your
9.1 As soon as you become aware of any fault in the services, you must report that
fault by calling our Customer service centre on 1800 468 255. We aim, but do not
promise, to provide you with continuous, interruption-free or fault-free Services.
Our Customer service centre operates from 8am till 8pm Monday to Friday for general
enquiries, and 10am till 6pm Saturday and Sunday for faults. We will take reasonable
steps to ensure that the fault is attended to expeditiously. However, please note
that we do rely on the services of our Network provider to deliver these services
on our behalf.
9.2 To obtain the Service, You will need to apply for a Starter Pack or SIM Pack.
You agree that we will subject the information that you submit to a verification
check. If purchasing via our website and your order is accepted, the SIM Pack or
Starter Pack will be dispatched to you. The order will be delivered to the delivery
address you specify in the order. Upon receipt of your SIM Pack or Starter Pack,
you will need to register (or activate) the Service and select any optional Service
features, if applicable. You may only Port your existing MSN when you first activate
your SIM card either via the Website or by calling us on 1800 468 255 during our
standard hours of operation. The SIM card is ready to use once you have successfully
activated the Service by calling Our Customer Service or via our website.
9.3 The SIM card remains our property at all times. You must take reasonable care
to keep the SIM card safe and in good condition and must notify us as soon as possible
if it is lost, damaged or stolen. You will be liable for the charges incurred through
the use of the Service supplied in relation to your SIM card (including the charges
incurred through the use of the Services where Your SIM card has been lost, stolen
or damaged (whether activated or not) prior to us being notified of the loss or
9.4 We will be under no obligation to replace any SIM card or recharge voucher which
has been lost or stolen. We may charge you a replacement fee (at the rate shown
in our Schedule of Charges) if you have lost or damaged your SIM card or recharge
9.5 We will replace a faulty SIM card free of charge provided that it is returned
to us. Please return the faulty SIM card to: Suite 11.03, Level 11, 201 Kent Street, Sydney, NSW 2000, Australia
9.6 SIM Cards may be available for purchase from time to time on our Website. If
the SIM Card is available for purchase online, and you decide you do not want your
SIM card after you have bought it online you must return it to us within 10 working
days at your own cost. Refunds (where applicable) will be credited to the card used
for the original purchase after receipt of the returned SIM card and inspection
by Us where we agree to provide you with a refund, please allow 30 days for the
refund to be processed.
9.7 We may refuse the provision of subsequent SIM cards to you, once you apply to
receive, or currently have registered in your name or an associate's name, two (2)
or more of our SIM cards.
9.8 We are not liable for any SIM card or any other goods which are lost in the
9.9 If your mobile phone appears to be faulty or interferes with the Service, we
are entitled to require you to:
10.1 Our Charges are set out in our Schedule of Charges. The Charges you must pay
us for the Services will depend on the options and features of the Plan that has
been selected. Charges may vary according to the Plan that you choose and may vary
depending on any special conditions that apply to each Plan;your use of the Service
(and any value added features of the Service);the time of the day (including peak
and off-peak);the type of Customers;the origin and destination of the call;volume
of the calls made during the period;and any applicable rebates or discounts that
might apply to that particular call or particular Customer. All Charges are inclusive
of GST unless otherwise stated.
10.2 Before you are able to use the Service, you must have a sufficient credit balance
on your prepaid account and you must recharge that account as your credit is used
up. The cost of each call will be deducted from the then current credits on your
prepaid account. You will not be sent any bills, invoices or statements.
10.3 Where a Plan change or Service change is initiated by You, this may result
in the following:
10.4 You will not be charged for:
10.5 Subject to clause 10.6, credits cannot be converted into or redeemed as cash
and cannot be applied against any other services that you may have with us.
10.6 If we cancel the Service for our convenience or our breach, we will:
10.7 Where the Service is cancelled for any reason other than our convenience or
our breach, any credits remaining on cancellation of the Service will be forfeit.
11.1 You must co-operate with gotalk's reasonable requests in connection with the
11.2 You are responsible for all Equipment supplied by you for use in relation to
the Services. In particular, you are responsible for any issues arising in relation
to any handset provided by you. You must only connect Equipment in connection with
our Services that complies with the relevant technical and interconnection standards
and other relevant requirements of the Australian Communications and Media Authority
(ACMA). For example, for our Mobile Services, you must use our Network approved
handsets, a list of which can be obtained by calling us on 1800 468 255. To find
out about the Australian Communications and Media Authority's standards, visit its
website located at: www.acma.gov.au. In addition, you must make any changes to your
Equipment in connection with our Services that we reasonably ask, in order to avoid
danger or interference that your Equipment may cause.
11.3 You are responsible for all use of your phone until you notify us that your
phone has been lost or stolen (and for all credits deducted as a result), even if
someone uses your phone without your permission.
12.1 Our Customer Terms and/or the terms and conditions attached to a particular
Service, Plan or Offer may state that a Service, Plan or Offer is provided to you
for an intended purpose and is subject to certain restrictions and conditions. For
example, from time to time, to ensure that certain Offers relating to our Services
are sustainable, those Offers may be subject to conditions which aim to ensure reasonable
usage of the Services. You must only use the Service, Plan or Offer for purpose
for which, and subject to the restrictions and conditions on which, it is supplied
to you by gotalk. You can obtain a copy of the terms and conditions of any of our
Offers by visiting
www.gotalk.com.au or by calling 1800 468 255.
13.1 gotalk is committed to supplying superior service to its Customers. For gotalk
to meet this commitment, its Customers must use the service fairly and must comply
with our Fair Go Policy. Our Fair Go Policy can be found at www.gotalk.com.au.
13.2 We do not promise to monitor your Service for excessive and unusual usage.
However, if you are identified to be making excessive use of our service, gotalk
reserves the right to suspend or terminate your Service in accordance with the terms
of our Fair Go Policy.
14.1 You must not use any of our Services to breach any laws or regulations or allow
anybody else to do the same.
14.2 In particular, you must not use the Services or permit any other Person to
use the Services to:
15.1 gotalk may suspend or terminate a Service if:
15.2 We will take all reasonable steps in the circumstances to notify you before
we suspend or terminate a Service, and if we are unable to give you reasonable Notice
we will attempt to contact you by telephone. If suspension is due to your breach
or fault, you will forfeit any then current credit. If you are unhappy with any
suspension or termination, please let us know by sending us a Notice or by lodging
a complaint in accordance with clause 25 of these Customer Terms.
15.3 If a Service provided under these Customer Terms is terminated for any reason
other than our breach or convenience, you will forfeit any then current credit.
16.1 Consumer legislation may imply terms, conditions or warranties into contracts
for the supply of goods or services that cannot be excluded, restricted, modified
or limited (for example, that services must be provided with due care and skill
and goods must be reasonably fit for their purpose and be of a certain quality).
In the event that a term, condition or warranty is implied into our Customer Terms
and we breach that implied term, condition or warranty then we accept liability
for that breach.
16.2 Where we are permitted to limit our liability, our liability for breach of
a term, condition or warranty implied into our Customer Terms by law will be limited
(at our option) to:
16.3 We exclude all terms, conditions and warranties that, in the absence of this
clause, would otherwise be implied into these Customer Terms, except to the extent
that such exclusion is prohibited by law.
17.1 We have no liability to you or to any other Person for any faults or defects
in Services or software which are caused to any material extent by your own conduct
or misuse or for any indirect loss or damage incurred by you (including but not
limited to loss of profit, loss of revenue, loss of business, loss of goodwill and
loss of contract).
17.2 We will not be liable for any failure or delay in our performance of any obligation
under the Customer Terms if an event occurs that is beyond our control, for example
an explosion, natural disaster, earthquake, war (declared or undeclared) or act
17.3 Except where clause 16 applies and except in the case of negligence, to the
extent permitted by law, we limit our liability in aggregate for any loss or damage
suffered by you to the amount paid by You to us in the 12 months immediately preceding
the date of that loss or damage.
18.1 As the Customer for a Service, you are liable for all Charges and any other
obligations relating to the Service.
18.2 Unless expressly stated elsewhere in these Customer Terms, you are not liable
to us in contract, tort (including negligence) or otherwise, for any indirect loss
or damage incurred by us (including but not limited to loss of profit, loss of revenue,
loss of business, loss of goodwill and loss of contract).
19.1 We will collect, use and disclose your personal information for the purposes
We will comply with the Privacy Act 1988 when using your personal information and
by making an Application for the Service You consent (for the purposes of the Privacy
Act 1988, the SPAM Act 2003 and any other applicable legislation) to us collecting,
using and disclosing this information in accordance with this clause and our Privacy
or you may obtain a copy of this policy by calling 1800 468 255.
19.2 From time to time, we may use your information to tell you about other gotalk
products, Services or bundled offerings. You may stop receiving direct marketing
from us by sending us an email at email@example.com or by calling us on 1800 468
20.1 If you have difficulties with the English language, you or a nominated Person
can arrange an interpreter by contacting the Translation and Interpreter Service
on 131 450.
20.2 If you have a hearing impairment you or a nominated person should contact the
National Relay Service by phoning 1800 468 255. The National Relay Service will
be able to assist you to call gotalk. The National Relay Service has different numbers
for different needs and you should consult your directory to obtain the number that
best meets your needs.
21.1 We may assign our rights and obligations under these Customer Terms to:
22.1 If any term (or part of a term) in our Customer Terms is void or unenforceable,
that term (or part) will be severed and the remaining terms will not be affected.
23.1 Our Customer Terms govern our agreement and contain the entire understanding
between you and gotalk to the exclusion of any prior or collateral agreement or
understanding of any kind relating to a Service.
24.1 The failure by either of us to exercise any right or remedy under these Customer
Terms in a timely manner will not constitute acceptance of the matter which gave
rise to the right or remedy, nor either or our waiver of such right or remedy.
25.1 If you have any concerns about the Services we are providing to you, you should
contact us immediately. We will endeavour to resolve any problem or complaint you
have as quickly and effectively as possible. If you are not satisfied with the initial
outcome of your complaint, the matter will be reviewed in accordance with our complaints
procedures. Contact Customer service on 1800 468 255, or log a complaint at www.gotalk.com.au.
25.2 If we cannot resolve your concerns to your satisfaction, you can refer those
concerns on to the Telecommunications Industry Ombudsman or the Australian Communications
and Media Authority. The Office of Fair Trading (or equivalent) in your State or
Territory may also investigate consumer complaints.