Prepaid Wireless Broadband Terms &Conditions

These terms are in addition to the Terms described in the gotalk Standard Form of Agreement for Pre-paid Mobile and Wireless Broadband Services (Customer Terms).

General

gotalk Limited (ACN 091 707 970) (or, at the discretion of gotalk Limited, one of its related bodies corporate on its behalf) ("gotalk", "We" or "Our") will supply the Prepaid Wireless Broadband Service described in the Prepaid Wireless Service section below ("Prepaid Wireless Service") to you in accordance with:

1. Our gotalk Standard Form of Agreement for Prepaid Wireless Broadband Services (Customer Terms) which may be viewed at http://www.gotalk.com.au/legal/ldefault.aspx);
2. The terms of the plan you have chosen;and
3. The terms of any other gotalk services which are supplied to you in association with the Prepaid Wireless Services (which are available at www.gotalk.com.au, or by contacting Customer Service on 1800 GOTALK (468 255),

(as applicable depending on the other gotalk services (if any) with which the Prepaid Wireless Service are bundled) (the "Agreement"). If there is any inconsistency between the parts of Agreement, then to the extent of the inconsistency, the terms of the applicable document which is the lower in number in the above list will prevail.

Usage calculated in 1MB increments. Compatible unlocked device required. Broadband speeds available on Vodafone's 3G Mobile Broadband Zone. See www.vodafone.com.au for coverage details. Customer experience may vary.

Activation

When you purchase a gotalk wireless USB modem + Starter Kit (which includes a prepaid SIM), the SIM comes inactive and must be activated online or by calling Customer Service on 1800 GOTALK (468255). The Prepaid Wireless Service will commence on the day on which you activate the SIM.

gotalk Prepaid Wireless Service &Equipment

The Prepaid Wireless Service is a method of using radio frequency signals to connect to the internet and allows you to:

1. access the internet;
2. upload and download files;and
3. use any other services we may tell you about from time to time.

The network used for the Prepaid Wireless Service is the Vodafone 3G network.

However, you acknowledge that:

1. in order to access and use the Prepaid Wireless Service you will require a wireless USB modem and a data enabled Prepaid SIM;
2. we do not promise successful data transmission using the Prepaid Wireless Service;
3. delays in data transmission or transfer may occur;
4. drop outs may occur;
5. the Prepaid Wireless Service is provided without warranty that it is continuous or fault free;
6. the speed of data transmission and the time taken for data to download may vary depending on a variety of factors, including but not limited to:
   1. your equipment and software;
   2. the then current level of internet activity and congestion;
   3. the then current level of wireless network activity and congestion;
   4. the speed and capacity of the server you are accessing;
   5. distance from the cellsite;and
   6. the nature of the information you wish to download or upload.
7. Prepaid Wireless Broadband is not recommended for use with VoIP.

Cancellation

It is your responsibility to cancel any internet services (including wireless broadband) currently active with another service provider. gotalk is unable to do this on your behalf. Failure to do so may result in active accounts with more than one internet service provider. You will be responsible for all charges.

Privacy

We may collect, use, disclose, transfer and store any personal information which We may collect about you in the course of providing you with the Prepaid Wireless Service:

1. in accordance with our Privacy Policy (which may be viewed at http://www.gotalk.com.au/legal/privacy.aspx);
2. for the purposes of provisioning or connecting your service, network routing, providing you with customer service, billing, investigating complaints &fixing faults in relation to your service;
3. to tell you about other products, services, bundled offerings or promotions provided by gotalk, its related bodies corporate, its business partners and/or associates.

Generally, you have the right to see or obtain a copy of personal information about you that we may hold. gotalk will handle requests for access to personal information in accordance with the National Privacy Principles. To request access to your personal information please contact 1800 468 255.

Installation

You may install the wireless USB modem yourself, or call gotalk Customer Service on 1800 GOTALK (468255) for telephone based technical support during our normal telephone technical support business hours (7am - 8pm Monday to Friday and 8am - 4pm weekends and public holidays)

Note that gotalk is only able to provide technical support for gotalk supplied and branded wireless modems.

Coverage

It is your responsibility to check 3G coverage exists in the location(s) that the service is to be used in. The coverage maps found on http://maps02.pdslive.com.au/VCATPublic/app show where 3G coverage exists. If 3G coverage does not exist in your area, then we will connect you to the next fastest internet speed service available in your area.

The gotalk Prepaid Wireless Service uses the Vodafone 3G network and is subject to network limitations and availability. The 3G broadband network covers selected metropolitan areas of capital cities and some larger regional centres. 3G capable devices are required. Outside the 3G broadband areas Vodafone Mobile Internet operates at slower access and download speeds on Vodafone's 2.5G network.

Data

References to 'data allowance' are to the amount of data you are entitled to upload and download in the data expiry period without incurring shaping (service suspension as described in the Shaping section below). Note that this entitlement is calculated as the sum of both data uploads and data downloads and the data expiry period varies as per the recharge amount.

gotalk is not liable for any loss, corruption or destruction of data or for any other damage as a result of using the Prepaid Wireless Service.

Actual download and upload data speeds and time taken for data to download may vary due to a number of factors (as more particularly described in the gotalk Prepaid Wireless Service &Equipment section above).

Shaping

All plans will have service suspended once they have reached their data allowance within the expiry period, or the data expiry period lapses without you recharging. To continue accessing the internet a recharge can be purchased by calling gotalk Customer Service on 1800 GOTALK (468255) or by logging onto the MyAccount area of the www.gotalk.com.au website, as this site is unmetered and therefore can be accessed even when your plan is shaped (suspended). When you next recharge the data allowance will be reset and shaping will be removed.

Equipment and Software Requirements &Information

• Your computer equipment must meet the following minimum requirements - Pentium III+ and at least 100MB of spare hard disk space.
• Wireless modem support will be available if the modem has been supplied by gotalk. gotalk will not have any liability (or any responsibility to provide technical support) for wireless modems not supplied by gotalk.
• gotalk will support the connection while it is connected to one standalone PC ONLY, provided it is connected with a gotalk approved wireless USB modem and a gotalk supplied data enabled SIM. Additional PC's connected as a network will not be supported.
• The user is liable for the costs of any enquiries (made by the user) directed to other third party service providers such as a third party modem supplier. Additional charges may apply by calling other suppliers for gotalk wireless broadband assistance.
• In some instances, installation of wireless broadband hardware required for the gotalk Wireless Service may void your computer warranty, check with your computer retailer to see if this applies to you.
• The gotalk wireless USB modem is designed to install on Windows XP, Windows Vista and Mac OS X 10+ operating systems. Ensure you have a compatible operating system prior to attempting installation.
• gotalk will not be liable for any configuration issues that may arise with your operating system or applications software as a result of installing the gotalk approved wireless USB modem or using a data enabled SIM supplied by gotalk.
• You are responsible for the wireless USB modem, SIM or other equipment (as applicable) from the date that we deliver it to you. You agree to:
  • keep that SIM secure;
  • only use that SIM to access the gotalk Wireless Service;
  • not interfere with or impair the operation of that SIM;
  • not duplicate the identity of the SIM (including for the purposes of back up);
  • not use the SIM to access other services such as voice calls or MMS;
  • return the SIM to us if the Prepaid Wireless Service ends or otherwise on our reasonable request.

Prepaid Wireless Broadband Security

To maintain security on your computer, gotalk strongly recommends that you:

1. Protect your password (do not disclose it);
2. Keep it secure, avoid common words, names or dates, change it regularly and do not store it on your computer;
3. Use current antivirus, spyware, malware, adware and firewall software;
4. Do not open suspicious emails or files from unknown sources;and
5. Protect your family from unsuitable internet content.

Use of Service

You must not use the gotalk Prepaid Wireless Service in such a manner so as to infringe the legal rights of, or cause harm to, any person or breach any law including without limitation to:

1. Defame, harass or cause needless anxiety to any person;
2. Make available obscene or pornographic materials;
3. Violate the privacy of any person;
4. Knowingly transmit a computer virus to another user or the Internet generally;
5. Send any unsolicited bulk messages or breach any regulation relating to the sending of unsolicited messages (including SPAM);
6. Download copyrighted materials such as movies and music files which you do not have the copyright owner's written permission to do so or otherwise infringe a third party's intellectual property rights;
7. Misuse another person's confidential information;or
8. Infringe or commit an offence against any law, standard or code.

Multiple concurrent logons are not permitted. You must not use the gotalk Prepaid Wireless Service to create, use or distribute tools designed for compromising the security of our network or any communications over that network. We do not warrant that the use and installation of any software on your own equipment will not disrupt the normal operation of, or damage, your own equipment.

Suspension of Service

We may from time to time, and without notice or liability to you, suspend any of the services (and, at our discretion, disconnect the relevant SIM cards from the network) in any of the following circumstances:

• During any technical failure, modification or maintenance of the network (but in that event we will procure resumption of the services as soon as reasonably practicable);
• If you fail to comply with any of these terms and conditions until the breach (if capable of remedy) is remedied;
• You change your address or contact details without notifying us in accordance with our agreement;
• If you do, or allow to be done, anything which in our reasonable opinion may have the effect of jeopardising the operation of the Prepaid Wireless Services.

No Liability for Content

gotalk does not monitor, and is not responsible or liable for, any content or messages carried over and delivered by the Prepaid Wireless Service. By using the gotalk Prepaid Wireless Service, you acknowledge and agree that any material downloaded or otherwise obtained through the gotalk Prepaid Wireless Service is at your own risk. We give no warranty, guarantee or representation about the accuracy of the information or images available through the gotalk Prepaid Wireless Service, whether supplied by us or by third parties. We are not responsible for inappropriate material viewed by minors.

Recharge Features

1. As described in the Shaping section above, a plan will be suspended if the plan data allowance is exceeded. The connection speed will be restored when the account is successfully recharged with more data.
2. Recharges can be purchased to top up the current data balance to avoid shaping. You can either login to the MyAccount section to recharge online or call gotalk on 1800 GOTALK (468 255) to purchase.
3. For the purposes of calculating your data usage, data is measured in 1 MB blocks. So each session's data usage is rounded up to the next 1 MB as applicable.
4. International roaming is not available so only usage within Australian Vodafone coverage areas is available.
5. A successful recharge adds data to your account which takes effect immediately.
6. Data expiry period is 30 days from activation or last recharge.
7. Data rollover does not apply. Expiry period applies to each recharge individually, therefore if not used within the expiry period the remaining credit from each recharge will expire in the period noted in the table below.

Charges

General

1. A gotalk Wireless Broadband Starter Kit (which includes a prepaid SIM preloaded with $20 credit value) can be purchased outright for $29.95 (free delivery). A SIM only Starter Kit can be purchased in full size or micro SIM format for $9.95 (which includes a prepaid SIM preloaded with $10 included credit value).
2. Starter kit included credit expires within 30days of activation. These charges apply unless otherwise expressly stated or offered by gotalk.
3. The SIM is shipped inactive by registered post and must be activated online or by calling Customer Service on 1800 GOTALK (468255) before the prepaid wireless broadband service can be used.
4. No early termination fees or disconnection fees apply if you cancel the service.
5. All charges are inclusive of GST, unless otherwise stated.

Recharge Values

All recharge values are current at 01/12/2011.