Truphone Australian Pre-Paid Mobile Service Standard Form of Agreement
1. Standard Form of Agreement
What is a "standard form of agreement"?
1.1 This "Standard Form of Agreement" (SFOA) sets out the terms on which Startel Communication Co Pty Ltd (Truphone, us) supplies goods and services to an end user (you)in Australia.
1.2 The SFOA is a "standard form of agreement" for the purposes of Part 23 of the Telecommunications Act 1997. This means:
(a) these terms are binding on you and us unless you and we have agreed differently (even if you have not read or been given a copy of the SFOA);
(b) we do not need to get your agreement to any changes we make to the SFOA, but we must give you notice of some changes in accordance with these terms; and
(c) if we change the SFOA in a way that is not detrimental to you, we can make the change without having to inform you of it, and the change will be binding on you and us.
1.3 You can find an up-to-date copy of the SFOA on our website at www.truphone.com (Website).
1.4 If you acquire goods or services from Truphone Limited outside Australia (or if you are international roaming in Australia using a service acquired from Truphone Limited outside Australia), this SFOA does not apply to you. The terms applicable to those services are agreed separately or apply under other regulatory arrangements.
Changing the SFOA
1.5 Truphone can change the terms of the SFOA at any time. We will give you notice of any changes in the following ways and circumstances:
(a) If we are making a change that will benefit you or will have a neutral impact on you, we can make the change without telling you about it, and it can take effect immediately. So, for example, we do not have to contact you to tell you that the charge for a particular call has gone down;
(b) If we are making a change that we believe has a minor detrimental impact on you, we can make the change without telling you about it, and it can take effect immediately, but we will publish a notice about the change on our Website first;
(c) If we are making a change that we believe has more than a minor detrimental impact on you, we will tell you where you can get more information about the change at least 30 days before the change will take effect;. This will give you an opportunity to cancel your service before the change takes effect (if you wish) and to use up any remaining
prepaid credit you have in your account;
(d) If we are making an urgent change that is required by law or necessary for security reasons, to prevent fraud or for technical reasons, we will try and tell you first in anyway we think is reasonable in the circumstances;
(e) If we are making a change to increase a charge or impose a new charge in order to pass on a tax imposed on us by law, we do not have to tell you about this change, but we will try to tell you about the change before it takes effect and we will publish a notice about the change on our Website;
(f) The charges we are charged by our suppliers for International Calls, International SMS and International Roaming can change. If we are making a change to the charges for International Calls, International SMS or International Roaming because the amount we are charged has changed, we can make this change without telling you first and it takes effect immediately. We will publish a notice about any changes to these charges on our Website and you can check the current charges for International Calls and International Roaming at any time on our Website;
(g) The charges we are charged by third parties for content and premium services can change. If we are making a change to the charges for content or premium services (or other services that incorporate third party content and premium services), then we will tell you about the change at least 10 days before the change takes effect (if you are
affected by the change). We do not charge you for deciding not to use content or premium services.
1.6 Where we must tell you (or try to tell you) about a change before it takes effect, we can tell you by sending you an SMS to your service, playing a recorded announcement when you use the service or by sending you an email (if you have agreed to let us send you emails) telling you where you can find the details of the change.
1.7 In deciding whether a change to this SFOA will have an effect on you to work out whether and what kind of notice we give you of any changes, we look at whether you have acquired the affected service or call type in the past six months and whether you currently have any credit in your account. If you have no credit in your account and have not acquired the affected service or call type, we will not tell you about the change personally, but you will still be able to find details of any recent or upcoming changes to this SFOA on our Website.
1.8 You cannot change any of the terms of this SFOA unless we agree to the change.
1.9 If you do not wish to be bound by this SFOA then you should not purchase or use the Truphone Service.
2.1 The Service is a national and international mobile telecommunications service including voice, text and where av
ailable 3G data services based on the capabilities of a multi-IMSI SIM card. We provide the Service to you on a prepayment basis on a casual basis.
2.2 Mobile telephony is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such it can be interfered with by numerous external sources or by obstacles inherent in buildings, vegetation or terrain and as such we cannot guarantee a perfect or error free transmission, both in terms of quality or a
vailability of the Service.
2.3 The Service is provided on an "as is" and "as available" basis. We take all reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider's ability to maintain necessary licenses or permissions, or our and or our service provider's network capacity and connection availability. Please note that the network operator in the country of use will be responsible for network coverage, quality and availability.
2.4 We do not guarantee a fault free Service and give no guarantees as to network coverage, quality or availability. In the event of a fault, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we use reasonable efforts to promptly correct the fault.
2.5 We reserve the right to choose our network operators and technology partners as we deem appropriate and to provide access to the Service in any manner we deem in the best interest of our business requirements.
2.6 Where you have insufficient credit on your account then you will not be able to make any calls but you will still be able to receive calls in Australia and other Truphone countries but not whilst roaming internationally where you are charged to receive any calls, and provided your account has not been suspended in accordance with clause 2.16(c) below.
2.7 We provide you with an Australian mobile phone number as part of the Service. You can add
multiple available nominated additional country Truphone mobile numbers to your SIM account
that we offer as part of our Services.
2.8 The current list of countries where we offer additional local mobile numbers and the process for adding additional country numbers can be found on our Website www.truphone.com or you can dial 707 for an up to date list and how to add an additional country number. Truphone reserves the right to amend this country list from time to time.
2.9 You are not restricted from the number of local country mobile numbers you can have on a Truphone SIM provided the chosen country is a country supported by Truphone and you have paid the relevant subscription fees for those multiple country numbers.
2.10 Your use of any numbers assigned to your SIM is subject to this SFOA and any additional terms and conditions that apply outside Australia and any breach of this SFOA or those terms and conditions may result in your use of one or more of the allocated numbers being withdrawn from your use.
local tariffs for designated countries
2.11 The unique feature about the Truphone Service is the ability to be charged local rates for calls in certain identified countries outside Australia. Where you have chosen to purchase a membership package you will be entitled to have access to local tariffs for your SIM in those identified Truphone supported countries and provided you have paid the necessary subscription for this facility, you will be able to make and receive calls on your Truphone SIM at local call rates in those Truphone supported
2.12 Where Truphone does not have an arrangement with a specific country for the purchasing of local rates, then you may still use your Truphone SIM but this will be on a roaming basis. You may incur additional charges for this roaming ability including for the making and receiving ofcalls whilst roaming.
2.13 It is your responsibility to check the billing status (i.e. whether local tariffs are applicable for subscribing to or roaming only) of the country you intend to use the Service in before you travel to that country and incur any charges by using the Services in that country. Truphone will not be liable for any charges incurred by you based on your misunderstanding of the applicable and available tariffs in a particular country.
2.14 As with any GSM mobile service, a core feature of the Service is the inclusion of roaming on foreign networks in order to provide the Services outside your chosen home country (Roaming). Roaming means that you will be using foreign networks, over which we have no control and therefore cannot provide any guarantees about the Services, particularly its availability or quality. In addition your use of the Service whilst Roaming may be subject to different laws and regulations that apply. We will not accept any liability for your failure to comply with those laws or regulations.
2.15 From time to time we may be required to upgrade, modify or maintain the Service including the migration of your account from one billing platform to a new or upgraded billing platform. On such occasions the Service may be temporarily unavailable, however, we will endeavour to keep such disruption to a minimum and notify you in advance when possible, including by posting a message on our Website.
2.16 We reserve the right to suspend the Service without giving you notice where:
(a) we have reason to believe you are in breach of the Service's conditions of usage (condition 4 below) or any of our policies notified to you on the Website.
(b) pending the outcome of an investigation following receipt of a complaint made against you.
(c) your credit balance falls below the value of any applicable usage or Network Service Fee as set out as a condition of your use of the Service or your credit balance reaches zero and you do not top-up your account within 90 days from the date your account reaches zero.
(d) you fail to provide us with the necessary information as required for satisfying a regulatory requirement (such as know your customer identification verification) in any jurisdiction you wish to travel to and use the Service.
(e) we are notified that the SIM card licensed to you by us is lost or stolen.
(f) we are obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organisation, or other competent administrative authority.
(g) in order to prevent damage or degradation of our or our contracting party's network integrity which may be caused by you or anyone using your access
(h) for operational reasons or in an emergency or for security reasons.monitoring
2.17 We may at our discretion bar or disconnect your SIM if we have reasonable cause to suspect fraudulent use of a credit card/debit card, your SIM card or mobile phone using the Service.
2.18 We may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate and administer the Service, or to protect us or our other customers.
3. Purchasing the Service
3.1 Our Service may be purchased either from:
(a) our Website situated at www.truphone.com by clicking on which Service option you wish to purchase and then following the prompts that will appear on-screen.
(b) one of our authorised resellers or distributors. Where you experience any problems with your purchase from our distributors or the SIM card is damaged please contact them in the first instance. If they cannot deal with the matter satisfactorily please contact Customer Support.
3.2 The Service shall commence following activation of the SIM card so that the Service is operationally available for your use (Activation). Activation can be done on the Website; or by dialing 808; or calling Customer Support(please see the Customer Services contact details at clause 15.6).
3.3 If you wish to cancel your Service after ordering and paying the pre-payment for the Service, you must inform us in writing, giving us your name, address and order reference along with your allocated number. You must also return the SIM card and any associated products to us within seven (7) days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them), and at your own cost and risk.
3.4 If you cancel this EULA between us within the seven-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price you paid for the Service in full less any reasonable administrative fee, any call charges incurred by you before cancellation and less any costs incurred for delivery. You will be responsible for the cost of returning the SIM card and any associated products to us. You shall only be entitled to a refund for the actual unused credit you have loaded onto the SIM and not for any free credit provided with the SIM or via any other promotion.
3.5 Cancellation after the seven-day cooling-off period may incur an admin fee for dealing with your request.
4. Your obligations use
4.1 You must use the Service lawfully and in compliance with this SFOA. You are responsible for all use of the Service, call costs and charges incurred to your account for using the Service (including such use, call costs and charges incurred by any 3rd party using your account with or without your permission).
4.2 You must comply with our Fair Use Policy and our Acceptable Use Policy set out in Appendix A and Appendix B at the end of this SFOA (as varied from time to time).
4.3 You shall be responsible for all use of the Services including but not limited to handsets, its proper configuration and installation, compliance with any regulations and applicable instructions issued either by us or the supplier of the handset. You must comply with our established protocols and related appropriate processes necessary for the installation and the provision of the Service; these protocols and processes shall be prescribed and published on our Website.
4.4 You must:
(a) not use the Services for any improper, immoral, fraudulent or unlawful purposes nor
use the Services to send any communication which is of an abusive, offensive, obscene, harassing, indecent, nuisance, inconvenience, annoyance, defamatory or of a menacing nature;
(b) not use the Service to commit or facilitate the commission of a crime, or other, unlawful or illegal act;
(c) not act in any way, which may affect or impair the operation of any network used or operated by us;
(d) not send or upload anything that infringes 3rd party intellectual property rights (unless you have permission);
(e) only use the Service for your own personal use and must not sell, resell, lease, sub-lease or otherwise deal commercially with the Services;
(f) only use the Service for the purposes and in the manner expressly permitted by this Agreement;
(g) only use the Services in accordance with all applicable laws and regulations of your home nation, the country in which you reside, or the country in which you are present whilst using the Service;
(h) keep secure and confidential your PIN and PUK codes, account password or any identification we provide to you which allows access to the Service;
(i) provide us with whatever proof of identity we may reasonably request;
(j) not access any age restricted services if you are under age, nor will you allow any other person to do so.
4.5 You must comply with all reasonable security procedures and standards with respect to the Service. We may communicate security issues to you from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by us of the Service by any means, including via the Website.
4.6 You must activate your SIM card within 14 days of receipt or within 30 days of dispatch from us to you or from our distribution partner, whichever is the later otherwise we will block activation of that SIM card and quarantine the SIM card for reallocation to another customer. Any purchased and bonus credit provided with the sale of the SIM card to you may be forfeit. Please contact customer support if you believe you are entitled to a refund in your circumstances.
4.7 You must inform us immediately if your SIM card is lost or stolen and you will remain liable for all call costs and charges incurred until you do so. If your phone or SIM card is lost or stolen please call us immediately on 707 or contact Customer Services (please see clause 15.6 for contact details) or e-mail us at firstname.lastname@example.org. We will take all reasonable action to cancel any stolen or lost SIM cards within 72 hours of notification and subject to verification of account and payment of a reasonable administration charge. The current administration charge can be found on our Website - www.truphone.com and is subject to change from time to time. We will apply any outstanding balances to a replacement SIM card which has been purchased by you as a replacement. We are not responsible for any service fees, call costs or other charges incurred due to a lost or stolen SIM card. handset
4.8 You shall be responsible for ensuring that your mobile telephone handset is compatible with the Services that you purchase from us. This may include ensuring that your handset is 'unlocked' and is compatible with the network in the country where you wish to use it. The quality of the Service is also dependent on the quality of the mobile handset model you use and we have no control or influence over the mobile handset quality. The choice of mobile handset is solely yours.
4.9 You are solely responsible for any and all content, information and communications transmitted using the Service and agree that we have no responsibility for the deletion, corruption or failure to store any content transmitted using the Service.
4.10 Certain countries have additional regulatory requirements that need to be fulfilled prior to Truphone (or Truphone Limited) being permitted to provide certain elements of the Services to customers. These include the obtaining, verification and retention of end user personal data. If you intend to travel to a country where Truphone is required to satisfy these additional regulatory requirements, and you wish to use specific Truphone Services, then it is a condition of Truphone providing the Service to you that you co-operate and provide the required information and/or documentation prior to obtaining the Services.Where you fail to provide the necessary required information to satisfy such regulatory requirements we will suspend the Services to you in that country.
4.11 Truphone has no liability to you for any costs or charges incurred by you for failing to comply and satisfy any regulatory requirement of a country prior to using the Services in that country.
4.12 A list of countries requiring additional regulatory compliance can be found on our Website.
5. SIM Card
5.1 On purchasing the Services we provide you with a SIM card for implementing the Service.
5.2 The SIM card and all technology, intellectual property and documentation relating to it and the Service remain our property or the property of any licensor. On purchasing the Services we grant you a revocable, conditional, non-exclusive, non-assignable, non-sub-licensable license to use the SIM card and Services and reserve our rights to recall any SIM card from you.
6. Telephone Number
6.1 We reserve all rights attached to the telephone number(s) attributed to you and attached to the Service provided by us and we may change, withdraw or otherwise alter such telephone number or any other address-element at our discretion, without damages payable to you, should any technical or commercial reason or any applicable regulations so require.
6.2 A number porting facility may be available if you wish to port your existing mobile number to the
Truphone Services or if you wish to port your designated Truphone Services number to another approved mobile operator in your home country.
7.1 The rates and charges associated with the Service are displayed on marketing material and the most up to date charges, rates and fees are displayed on our Website www.truphone.com.
7.2 You agree to pay all applicable rates, charges or fees for using the Servicesor as specified in this Agreement from time to time.
7.3 You must pay all fees and charges which are incurred for the Service even if you did not authorise its use. You must pay the fees and charges for the Service even if the Service is unavailable or you are unable to access the Service. Where there has been a significant loss of access to, or use of the Service or the loss was not as a result of circumstances attributable to you or any equipment used in connection with the Service, you may be entitled to a refund at our sole discretion.
7.4 The charges for using the service in Australia (other than where you are international roaming in Australia) are set out below and will change from time to time. The charges in force from time to time for using the Service outside Australia are set out on the Website and subject to you agreeing to our terms of service outside Australia.
7.5 In addition to the fees and charges you incur in the normal use of the Service (including an access fee, where applicable), we may charge you for an administration fee and other similar charges. These costs may include suspension fees or cancellation fees, late payment fees, payment dishonour fees and reconnection or reactivation fees. These charges are set out in the standard pricing schedule for our Service available on our website at www.truphone.com.
7.6 If you use the services of a third party, you will be billed at the third party's applicable rates and charges. We may bill you for your use of the services of a third party, acting in our capacity as that third party's billing agent only.
7.7 Some fees and charges for the Service are subject to variation, such as charges relating to international services or roaming and/or content, data or premium services. It is your responsibility to check these variable charges.
7.8 All roaming calls are charged on a per minute basis and all other calls are charged in 30 second blocks.
local rate option
7.9 When travelling to any country where Truphone offers access to local calling rates, you can choose to receive the benefit of local calling rates for calls made by you within those countries supported by Truphone when you use the SIM within that country. If you choose to include local calling rates you will need to purchase the relevant package from Truphone. These package details can be found on our Website www.truphone.com. Where you do not purchase a local access package then you will not be able to receive the benefit of local call rates and any calls made or received on your SIM will be charged at the standard international roaming rates which will still apply to your account for any usage abroad in that country. You can find the standard international roaming rates on our Website.7.10If you decide to cancel the local access package then you will not be able to take advantage of any of the available local country rates when travelling to those countries.
7.11 You can add multiple available additional mobile numbers to your account for mobile numbers in Australian and those other countries where Truphone offers this option as part of our Services, for a monthly prepayment subscription rental fee. The charge for the monthly prepayment subscription rental fee in Australia is currently can be found on our Website at www.truphone.com. (See the tariffs for additional local numbers in other countries on our Website).
7.12 This monthly prepayment subscription rental fee for local numbers shall, where you have elected to do so, be automatically charged to your nominated debit/credit card on the anniversary date of the purchase of the additional number unless you notify us in writing (by means of post, fax or e-mail) that you do not want to continue with the number rental. We will notify you prior to the anniversary date of the annual prepayment subscription rental fee due date so that you can choose to continue with the local number rental or not. If you decide not to continue with the rental then the number assigned to you will be disconnected and you will not be able to make or receive calls on this number when travelling.
7.13 All charges (including Service fees, call charges, SMS charges) in this SFOA are quoted in Australian dollars and include GST.
7.14 If your account is suspended for any reason and within the agreed time period you request the account and services to be re-activated then you may be liable to pay a reconnection fee of $10(unless it would be unreasonable for us to charge it in the circumstances).
Inactive accounts, refunds and related termination of services
7.15 Where your account is inactive (i.e .where you have not made or received calls or maintained a credit balance paid for by you on your account) for 30 days you will be charged an inactivity fee for each 30 day period the services remain inactive. The fee is to enable us to keep your chosen number open to you for your use and reflects our costs in doing so.
7.16 The current inactivity fee is $3per 30-day period (GST-inclusive). This fee is subject to change from time to time and the most current up to date fee is provided on our Website – www.truphone.com.
7.17 If your account remains inactive for 180 days you will be taken by us to have terminated your account and no longer wish to receive services from us. Your number may be re-used and you will not receive any return of unused credit. The SIM card will be switched off automatically and you will receive no notice of this. If your account was inactive for this period because of your special circumstances and you believe you are entitled to a refund, please contact us to discuss this further.
7.18 At any time before the services are terminated you may request a refund for unused credit by sending an e-mail to email@example.com. Refunds will only be available for credit purchased directly by you and not through any special offers, promotions, vouchers, pre-paid cards or similar mechanisms. We reserve the right to refuse to offer refunds shall not be made for balances under $5 because of the administrative cost of processing the refund.
8. Payment and Refund Policy
8.1 This Service operates on a pre-pay basis and you will be required to pay these rates in advance. We have no obligation to refund any payments made in advance except as set out elsewhere in these terms and conditions. Where we provide you with free calls or other special offer services no cash alternative will be given.
8.2 Each time you use the Services you will incur charges and the credits that are registered on your account will be reduced according to the duration of the call/message and the type of call/message by reference to the charges shown in the price list.
8.3 It is your responsibility to top-up your account to ensure that you have sufficient funds in your account so that you may use the Services. There is a minimum top-up value of $10. If there are insufficient funds available in your account you will be unable to use the Service. We will not issue invoices for the pre-pay option. Your online account on the Website will contain a summary of your usage and the costs associated with your usage of the Service.
9.Termination of the Service
9.1 We reserve the right to cease supplying the Services to you in the event that you materially breach any of thet erms and conditions of this SFOA. We shall be entitled to retain any credit on your account at the time of termination.
9.2 You may cancel your Service with us in the following circumstances:
(a) at any time on thirty (30) days written notice;or
(b) if we are no longer able to provide the Services;
9.4 To cancel your Service, you must inform us in writing, giving us your name, address and telephone number. You must also return the SIM card and any associated products to us at your own cost and risk before the cancellation takes effect. You will not be entitled to a refund of any unused credit in your account if you cancel on 30 days' notice. It is your responsibility to manage your account to use any remaining credit before returning the SIM card and any associated products to us.
10.1 This clause sets out the entire financial liability of us to you (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) in respect of:
(a) The provision of the Services
(b) any breach of the SFOA
(c) any use made by you of the Services
(d) any representation, statement, or tortious act or omission (including negligence) arising under or in connection with the SFOA.
10.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the SFOA.
10.3 Nothing in this SFOA shall limit or exclude our liability to you:
(a) for death or personal injury caused by our negligence;
(b) for fraudulent misrepresentation;
(c) for any other liability that may not, under
Australian law, be limited or excluded; Subject to this, in no event shall we be liable to you for any indirect or consequential losses incurred by you, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Where the law allows us to limit our liability for breach of any terms implied into these terms, we limit our liability to you (at our discretion) to resupply, repair or replacement of the relevant goods or services (or paying you the cost of resupplying them), where it is fair and reasonable for us to do so.
10.4 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this SFOA, including the provision of the SIM, shall be strictly limited to the annual charges (commencing on the date of your agreement with us) paid by you for the relevant Services..
10.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or provision of the Services (i) where such delay or performance failure is due to any of your acts or omissions, where you have provided incorrect data or information; or (ii) network failure, network outage, network congestion, power failures; or (iii) that is caused by events outside our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party) Act of God, war, terrorist activity, malicious damage, compliance with any law or governmental order or default of suppliers or subcontractors.
10.6 In the event of any third party claim that any sub-licensed application of a Licensed Application Third Party Provider in your possession when used as part of the Services infringes a third party's intellectual property rights, we will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim provided you have notified us immediately on receipt by you of such an infringement notice if you have been notified that you are infringing a third party's intellectual property by using the Service.
10.7 Your liability:
(a) You shall be liable for any damages of any kind caused to us, our networks or systems,
or any third parties by your use or misuse of our SIM card or Services, or by any other persons whomsoever or on any mobile handset whatsoever, even in the event of loss or theft and you will be responsible to compensate us for any damage you or they cause, including minor faults.
(b) In the event of loss or theft of your SIM card it is your responsibility to inform us immediately so that we can prevent any further use of the Services by another unauthorised person. We provide no guarantees or warranties in relation to the prevention of the use of the Services on a lost or stolen SIM card and accept no liability for any unauthorised use of your account. You will be solely responsible for the SIM card and its use to obtain the Services and will not be entitled to obtain any compensation from us for its loss or theft or any use after its loss or theft.
11. Legal Compliance
12.1 If you have any complaints or feedback about the Service you should send them in the first instance to firstname.lastname@example.org.
13.1 In order for Truphone to provide the Service as a low cost service we may rely on advertising and marketing supplied through the Service and other mechanisms to subsidise the Service. We intend that any such marketing services shall be discreet and of targeted interest to you. If you do not want to receive such services you should notify us in writing at email@example.com. Truphone reserves the right to charge you a higher fee for the Service should you choose not to take these marketing services. This higher fee, if applicable, will be posted on the Truphone website.
13.2 We may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.
13.3 We may from time to time send you information about our other products and services. If you do not want to receive information about our other products and services you should contact us in writing at firstname.lastname@example.org.
14.2 We will always use and process your personal data in compliance with the Privacy Act 1988and Part 13 of the Telecommunications Act 1997, as amended from time to time.
14.4 We will provide you with a copy of the personal data of yours that we hold where you request access to such information in writing and provided you pay us a nominal administration fee.
15.1 All licenses not expressly granted in this SFOA are reserved and no other licenses, immunity or rights, express or implied are granted by us, by implication, estoppel, or otherwise. This SFOA does not grant you any rights to use any trademarks, logos or service marks belonging to us whatsoever
15.2 You may not transfer or assign any or all of your rights or obligations under these terms and conditions
15.3 All notices given by you to us must be in writing (fax, email, letter or text) to the addresses set out
in these terms and conditions.
15.4 Failure to enforce any of our rights under these terms and conditions does not result in a waiver
of that right.
15.5 If any provision of these terms and conditions are found to be unenforceable, all other conditions shall remain unaffected.
15.6 Customer Service Contact Numbers:
- Short Code Activation: 808
- Short Code Customer Service: 707
- General Enquiries: +61 466 920 707
- Short Code Activation: 808
- Short Code Customer Service: 707
- General Enquiries: +44 (0) 203 318 0742
- Short Code Activation: 808
- Short Code Customer Service: 707
- General Enquiries: +1 646 360 1689
Appendix A: Truphone Fair Usage Policy
The usage of the Truphone Services is solely permitted for reasonable use with an approved mobile handset.
1. Use for commercial gain is forbidden:
- No re-selling of data; and
- Strictly for personal or legitimate day-to-day business use only.
2. Fair use details:
Customers must not use the Truphone data service for any of the following:
- machine-to-machine applications;
- continuous streaming of content;
- In ways that cause adverse impact on other Truphone customers or the Truphone network;
- Your permitted data usage is for web browsing, messaging, and similar activities on your handset and you are not permitted to use your SIM card to access data on any other equipment, including for example, tethering your device to a personal computer or other hardware device.
3. All data usage is subject to periodic volume reviews by us and we reserve the right to limit or regulate the volume of data usage where there is evidence of continuing excessive data usage. Our actions in this regard may include taking measures such as temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. We may also suspend, terminate, or restrict your data session, service plan, or service if you use your data usage in a manner that interferes with our other customers' service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for our other customers.
4. If Truphone has reason to believe that any of this policy is not being observed:
We reserve the right to:
- Apply additional charges; and/or
- Regulate speed of Service; and/or
- Terminate access to the Service.
Appendix B: Truphone Acceptable Use Policy
You the end user must use the Truphone Service ("Service") lawfully and in compliance with our terms and conditions of use and this acceptable use policy. You are responsible for all use of the Service, call costs and charges incurred to your account for using the Service (including such use, call costs and charges incurred by any 3rd party using your account with or without your permission). In particular:
1. You the end user:
a. are responsible for all use of the Services including but not limited to SIM cards and handsets, its proper configuration and installation, compliance with any regulations and applicable instructions issued either by us or the supplier of the handset;
b. must comply with our established protocols and related appropriate processes necessary for the installation and the provision of the Service (these protocols and processes shall be prescribed and published on our Website);
c. must comply with all reasonable directions of Truphone in relation to the usage of the Service;
d. must pay any charges due to Truphone when requested to do so; and
e. must inform us immediately if your SIM Card is lost or stolen. You will remain responsible for any service fees, call charges or other costs incurred due to a lost or stolen SIM Card until such time as you have notified us and we have blocked your account with that SIM Card.
2. You the end user shall and shall ensure anyone else permitted to use the Service on your account shall:
a. not use the Services for any improper, immoral, fraudulent or unlawful purposes nor use theServices to store or send any communication which is of an abusive, offensive, obscene, harassing, indecent, defamatory or of a menacing or hoax nature whether or not this is in breach of any privacy regulations or otherwise unlawful;
b. not use the Service to cause annoyance, inconvenience or needless anxiety to others;
c. not access age restricted sites if the person intending to access the site is under the legal age limit nor to circumvent any age restricted service mechanisms;
d. use the Service to persistently send automated unsolicited communications;
e. use the Service for any commercial purposes (unless under an agreement with Truphone) or incur any excessive usage of the Services (such excessive usage parameters shall be at Truphone's sole determination);
f. not act in any way which may harm, damage, impair or otherwise adversely affect the operation of any network used or operated by us;
g. not store, use, send or upload anything that infringes the rights of a third party or a third party's intellectual property rights (unless you have permission);
h. not sell, lease, sub-lease or otherwise deal commercially with the Services except for your own personal use;
i. comply with all reasonable security procedures and standards with respect to the Service. We may communicate security issues to you from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by us of the Service by any means, including via the Website at www.truphone.com.
This user acceptable use policy is subject to change from time to time. We shall give you notice of any such changes by SMS, and we will publish the updated policy on the Website www.truphone.com.