Customer Information: Your Rights and Obligations
This document is a summary of the General Terms contained in Our Prepaid Mobile
Handbook ("Terms"). It is designed to give you information on what the Terms cover,
and does not override or change the Terms, the terms of your service plan ("Service
Plan"), the terms of any special offer from us ("Offer") or Our Fair Go Policy.
If you would like more detail about your rights and obligations you should access
all of Our applicable Customer Terms which are available from Our website
www.gotalk.com.au/mobile or you should request a copy by calling Our Customer
Service Centre on 1800 468 255.
Our Services
Renders or Supplies Services
1. Services are rendered in the following manner:
a) Go Talk Mobile supplies the services to the customer.
b) Vodafone supplies the services to Go Talk Mobile and Go Talk Mobile, in turn, resupplies such Services to the customer.
2. Go Talk Mobile may change its supplier used in supplying the services, its products and/ or charges. In such an event Go Talk Mobile provide the Customers affected with reasonable notice where these charges have a detrimental effect on the customer.
3. The customer acknowledges and agrees that from time to time a supplier's (including without limitation Vodafone) Mobile Digital Network or any other technology, software or equipment that is used to provide a Service may be modified, changed, upgraded or enhanced.
4. Go Talk Mobile services are for personal use only, In Australia only, and are not available to commercial customers or re-sale or re-route purpose and available to approved customers only.
gotalk Ltd ACN 091 707 970 (or, at the discretion of gotalk Limited, one of its
related bodies corporate on its behalf) ("We" or "Our" or "Us") will provide you
with the Prepaid Mobile Service ("Service"). Our Service lets you make calls and
send content from and as well as receive calls and content to your mobile phone.
To use the Service, you will need an activated SIM card. To activate your SIM card,
follow the instructions on your Starter Pack or see the details on
www.gotalk.com.au/mobile. 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 Us. Our 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 from
www.gotalk.com.au/mobile or by calling 1800 468 255.
Before you are able to use the Service you must have a sufficient credit balance
on your Prepaid account and to continue to use the Service you must recharge as
the credit is used up. 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.
Each time credits are added, a fresh credit validity period begins for those additional
credits and the previous balance rolls over when your recharge. If you do not recharge
your credit within 6 months of the date it expires, we may cancel the Service without
notice and reallocate your number to another customer. 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). In any event, if you add even the minimum credit denomination
during that 6 month period, the Service will be fully restored. The Service will
be provided to you until it is cancelled in accordance with the Terms. Our Service
is supplied to you under the Terms, Our Fair Go Policy, the terms of your Plan and
the terms of any Offers you choose to take up. This summary should be read in conjunction
with each of these documents.
Variation of Our Terms
We may at times be required to change Our Terms and consequently do not offer ongoing
supply of a Service on the same terms and conditions as existed when We commenced
providing that Service. You acknowledge and agree that the nature of your Service
and the Terms on which We supply this Service may change. If We do need to change
Our Terms, We will give you Notice of any changes as set out in Our Terms. However,
We reserve the right to change, introduce and/or withdraw all or any Offers and/or
pricing at any time. In this event, We will give you 7 days notice by putting that
notice on the gotalk website (www.gotalk.com.au/mobile).
Charges
The Charges you must pay Us will depend on the options and features of the Service
Plan you have selected. Charges may vary depending on special conditions that apply
to each Service Plan;your use of the Service (and any value added features of the
Service);the time of day (including peak and off-peak);the type of customers;the
origin and destination of the call;the volume of the calls made during the period;and
any applicable rebates or discounts that might be applicable. Where a Service Plan
change or Service change is initiated by you, this may result in loss of your remaining
call credits and loss of eligibility for Offers associated with your Service Plan
or with other services you receive from Us. Our charges are set out in Our Schedule
of Charges, our Service Plans and Our Offers. You can obtain a copy of these documents
by visiting www.gotalk.com.au or by calling
1800 468 255. The cost of each call will be deducted from the then current credits
on your Service account. You will not be sent any bills, invoices or statements.
Premium Services (Including 190 Adult Services)
Currently We do not offer access to any Premium Services as part of your Service.
Suspension and Termination
The grounds under which We may suspend or terminate a Service are set out in the
Terms. We will take all reasonable steps to notify you before We terminate or suspend
a Service, and if We are unable to give you 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 termination is due to any reason other than our breach or
convenience you will forfeit any then current credit. Termination may result in
a loss of your eligibility for Offers associated with your Service Plan or with
other services you receive from Us. 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 the Terms (which is summarised below).
Our Liability to You
We accept liability to you in accordance with any applicable consumer legislation,
including the Competition and Consumer Act 2010 (which for example, imposes the
implied terms 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). We are not liable
to you or to any other Person for any faults or defects in the Service 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 profits, loss
of business, loss of contract, loss of goodwill). We will not be liable for any
failure or delay in Our performance if an event occurs that is beyond Our control,
for example an explosion, natural disaster, earthquake, war or an act of God. Where
we are liable to you, our liability is limited (except in the case of negligence)
to repair or replacement of the applicable goods or services where the limitations
permitted by the Competition and Consumer Act 2010 apply and in all other cases,
our liability is limited in total to the amount paid by You to Us in the 12 months
immediately preceding the date of that loss or damage.
Your Liability to Us
You are liable for all charges and any obligations relating to the Service. Unless
expressly stated elsewhere in these 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 profits, loss of business, loss of contract,
loss of goodwill).
Reporting Faults
Faults experienced in relation to any of the Services should be reported by contacting
Our Customer Service Centre on 1800 468 255. This Centre operates from 8am until
8pm Monday to Friday for general enquiries, and 10am until 6pm Saturday and Sunday
for faults.
Complaints
If you have any concerns about the Services We are supplying 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. You can contact Customer Service on 1800 468 255, or log a complaint
at contactus@gotalk.com. If We cannot
resolve your concerns to your satisfaction, you can refer those concerns to the
Telecommunications Industry Ombudsman (TIO). The TIO is a free and independent dispute
resolution service for Customers with unresolved complaints. Please note the TIO
should only be contacted after you have attempted to resolve your complaint with
Us directly. You may also contact the Australian Communications and Media Authority
or the NSW Office of Fair Trading if you are unsatisfied or concerned about the
Services We are supplying.
Your Personal Information
We will comply with the all applicable privacy legislation when using your personal
information. By using the Service, you consent (for the purposes of all applicable
legislation that deals with privacy and unsolicited electronic communications) to
us collecting, using and disclosing this information in accordance with these terms
and Our Privacy Policy. A copy of our Privacy Policy can be viewed at
www.gotalk.com.au/mobile or you can call 1800 468 255 to obtain the document.
From time to time, We may use your information to tell you about Our other products,
services or bundled offerings. You may stop receiving direct marketing from Us by
sending Us an email at service@gotalk.com
or by calling Us on 1800 468 255.
SIM Cards
The gotalk prepaid SIM card and Recharge Vouchers remain Our property at all times.
We will replace a faulty SIM card free of charge provided that it is returned to
us. Should the Prepaid SIM card or Recharge Voucher(s) be otherwise lost, damaged
or stolen, We will be under no obligation to replace them or compensate you. If
We do choose to replace your SIM card or Recharge Voucher, We may charge you for
doing so at the then current replacement charges which are to be found at
www.gotalk.com.au/mobile You are liable for all charges in relation to any
SIM card or Recharge Voucher supplied to you until We have been notified of the
loss or theft. You are required to pay all fees and charges which are incurred for
the Service until that notification is given to us even if you did not authorise
its use.
Mobile Number Porting
You can port your mobile number to Us if:
• you authorise Us to transfer your mobile service number into Our name;and
• you certify that you are the account holder of your current service and authorise
the transfer of your number to take place.
You remain liable for any contractual obligations or charges with your previous
service provider (including any unlocking fees). If you port your mobile number
from Us to another service provider, then you will forfeit any unused credit remaining
on your account. Porting your number to or from Us may result in you having to incur
additional fees and charges (whether from Us or from your current service provider).
In particular, if your Port request requires additional administrative work for
us due to your actions or the actions of your new service provider, we may charge
you a porting fee of $35. We recommend you confirm that all fees related to the
proposed Porting request are acceptable to you before you submit a request for your
mobile number to be ported. 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. After you port your service
from gotalk we may from time to time contact you regarding gotalk offers, you may
stop receiving direct marketing from Us by sending Us an email at
service@gotalk.com or by calling Us on 1800 468 255.
We will use all reasonable efforts to process your Port requests at the time requested
by you. However, we do not guarantee Porting will take place on or before the requested
cut over date.
International Roaming
International roaming is not available.
Fair Go Policy
You must comply with our Fair Go Policy, which can be viewed at
fair-go-policy.
Special Assistance
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 or alternatively please phone Our multilingual call centre number for the
applicable language.
If you have a hearing impairment you or a nominated person should contact the National
Relay Service (NRS) by phoning 133 677. The NRS will be able to assist you to call
Us. The NRS has different numbers for different needs and you should consult your
directory to obtain the number that best meets your needs.
Governing Law
These Terms are governed by the laws of New South Wales.