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Fair Go Policy

1.              Fair Go Policy

The purpose of our Fair Go Policy is to ensure that all our customers

  • can access the services; and
  • do not use the services in a manner that we consider ‘unreasonable’ or ‘unacceptable’.

In addition, the Fair Go Policy sets out your responsibilities when you use the internet, including any content which you publish online or by email.  It also confirms steps we may take to ensure and monitor compliance with this policy as well as setting out our responsibilities to comply with directions from regulatory and other law enforcement bodies.

As the account holder, you are responsible for any use or misuse of the services, even if the service was used, with or without your consent, by another person who gains access to them.

The Fair Go Policy applies to all services.

2.              Unreasonable use

We consider use of the service unreasonable if you use it in a manner which is other than it was intended for. 

Examples of uses which we consider ‘unreasonable’ include but are not limited to:

  • using the service for fraudulent purposes;
  • abnormal or excessive use of back to base services;
  • SIM boxing or using the service in connection with a device that switches or re-routes calls to or from our network to another carrier’s network;
  • wholesaling any service or using the service in connection with any device that switches or reroutes calls potentially keeping a line open for hours;
  • using the service to wholesale supply of any service (including transit, refile or aggregate domestic or international traffic) on our network.
  • Calling 13xx or 18xx numbers to make indirect calls through other providers (eg. through a calling card);
  • using the service for the purposes of arbitrage;
  • using the service in connection with a device that automatically dials numbers either from a list or are generated randomly;
  • using the service to make or receive calls on our network for the purposes of resale, resupply or commercial exploitation; or
  • using the service for continuously call forwarding or multiple simultaneous calling;
  • using the service for bulk messaging;
  • using a ‘mobile voice’ SIM card in a non ‘mobile voice’ device; or
  • using the service for anything which isn’t standard person to person communication.

3.              Unacceptable use

You may not use the services in any manner which improperly interferes with another person’s use of the services or for illegal or unlawful purposes.  You may not use any equipment or devices on the network (including SIM cards) which have not been provided by us. 

Examples of uses which we consider ‘unacceptable’ include but are not limited to:

  • providing us with any type of false information to use the service;
  • using the service to send unsolicited or unwanted commercial electronic messages;
  • using the service to gain improper access to another person’s private or personal information;
  • using the service to distribute or make available indecent, obscene, offensive, pornographic, illegal or confidential material;
  • using the service to defame, harass or abuse anyone or violate their privacy;
  • contravening any applicable laws when you use the service;
  • using the service to communicate with emergency service organisations where an emergency situation does not exist;
  • using the service to distribute or make available material that is misleading or deceptive as to your identity;
  • infringing any person’s intellectual property rights, including copyright, when you use the service;
  • using the service to monitor data or traffic on any network or system if you do not have the authorisation of the owner of the network or system to do so;
  • using the service in a way which interferes or disrupts the service, any computer system access through it or any other person’s use of it;
  • using the service to obtain or attempt to obtain unauthorised access to any computer, system or network; or
  • using the service in a manner designed to compromise the security or interfere with the operation of the service or any other computer, system or network.

4.              Use of the Internet

You are responsible for all risks associated with use of the service.  We nor the network supplier (being Optus) bear any responsibility or liability relating to your use of the internet. 

You are responsible for any content you publish online or send by email.  We encourage you to use appropriate warnings and precautions in respect of content which is likely to be considered unsuitable for children.

You must comply with any rules imposed by any third party whose content or service you access using the service.  You may not copy, publish, re-publish, re-distribute, re-communicate, or otherwise commercially exploit such content in any form or by any method whatsoever.  This prohibition includes framing, linking, posting in news groups and any other form of copying unless approved by the content provider.

We may block access to, remove, or refuse to post any content which you attempt to post which we consider offensive, indecent, unlawful or otherwise inappropriate regardless of whether such content is indeed unlawful.

We may be directed by the network supplier, a regulatory or other law enforcement body to remove content from Optus’ servers or to prevent users from accessing content from the Internet.  We may also be required to remove copyright materials from Optus’ servers or to prevent users from accessing copyright materials from the Internet by a copyright owner.

5.              Monitoring Compliance

We are under no obligation to monitor your transmissions or any content you publish using the service.  However, we or the network supplier may from time to time monitor transmissions or published content to protect our network, our other customers and the general public as well as to ensure you are complying with the terms of this policy.  We may need to disclose any findings as required to the network supplier and/or regulatory authorities.

The network supplier does take active steps to minimise the amount of spam on the network, which may include:

  • Restricting your ability to forward emails;
  • Limiting your access to the service to a closed user group relevant to your use of the service; or
  • Requiring you to rectify any misconfigured mail and / or proxy servers.

We or the network supplier may provide your username, IP address or identifying material to law enforcement authorities when required to do so.

6.              Breach of the Fair Go Policy

If you breach any part of this Fair Go Policy we will attempt to contact you and, if appropriate, ask you to modify your use of the service.  If you do not modify your use of the service, we may suspend or cancel your service without notice to you. 

However, in certain circumstances such as illegality, or non-ordinary use, we reserve the right to suspend or cancel your service immediately and without notice to you. 

Upon cancellation of an account, we are authorised to delete any files, programs and data associated with the account.

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