1. The Agreement
1.1 This Agreement
- This document, together with your application, Plan Description and any appendices, forms the Agreement with us (the Agreement). To understand your rights and obligations you need to read all of the documents that relate to you and the plan you select.
- If anything in this document is inconsistent with a section in another document, then unless otherwise stated, these terms prevail to the extent of the inconsistency.
- A legal relationship will begin between you and TravelSIM Australia Pty Ltd, ACN 122 348 234 (us) immediately upon accepting your application and ends:
- if your plan is a Non Fixed-Length Service, when the Service is cancelled by you or terminated by us in accordance the Agreement.
- If your plan is a Fixed-Length Service, at the end of the minimum term, or otherwise terminated in accordance with this Agreement.
- If the Service is not cancelled by either party prior to the conclusion of the plan’s term, we will continue to provide you the Service on a month-to-month basis until either party provides at least 14 days notice of their intention to end the Service.
Unless expressly stated otherwise, the below terms have the following meaning:
Fixed Length means a plan that has a minimum term, during which time neither you nor we are free to change the terms of the agreement or to cancel the Service, other than as specifically provided for in the Agreement. A Fixed-Length plan does not include a month-to-month agreement.
Network means the telecommunication network owned and operated by the Network Supplier.
Network Supplier means Singtel Optus Pty Ltd ACN 052 833 208, also known as Optus .
Non Fixed-Length means a plan that does not have a minimum term, or a Fixed-Length plan where the minimum term has expired. A Non Fixed-Length plan includes a month-to-month agreement.
Plan Description means the document which sets out the terms and conditions for your plan.
Service means the service with the features requested in the application and as described in the Plan Description, plus any related goods (including equipment) and ancillary services which we supply to you in connection with that service, and any aspect of that service or collection of services as the context requires.
1.3 Changes to the Agreement
- From time to time, it may be necessary for us to make changes to the Agreement and when we do, we will provide you with at least 30 days notice. We will inform you of the change by sending you an email with the updated agreement. We will also post the change on our website.
- The change will take effect from the time you accept the new agreement or at the expiry of the 30 day notice period, which ever is sooner.
- You may only cancel your plan if the change to the agreement will have an adverse effect on you and is not a result of the following:
- where there is a change to the cost of the Service due to a change in the Service category or access method, or where we are passing on a change in the cost charged to us by the Network Supplier;
2. Getting Started
2.1 Completing your Application
- You agree to complete an application, if required or requested by us and you will provide all information required by us for the purpose of completing the application.
- You warrant that all of the information that you provide to us is accurate and complete in all respects and you will inform us whenever any such information changes.
2.2 Rejecting an Application
We reserve the right to refuse your application if:
- you do not provide satisfactory proof of identification;
- you do not meet the eligibility criteria for the Service;
- the Service is not available at the location where you wish to acquire the Service; or
- you do not have an appropriate credit rating.
2.3 Activating the Service
- Some Services require user activation and if your Service requires activation, it is your responsibility to ensure the Service is activated.
- You must reasonably co-operate with us to allow us, or a supplier, to establish and supply the Service to you safely and efficiently. If you do not do so, we may cancel or suspend the Service.
- In order to access the Service, you will require equipment which conforms to the minimum system requirements, being a mobile phone with 3G capability.
- It is your responsibility to ensure that all its equipment meets the minimum system requirements.
3. The Service
3.1 Using the Service
The Service allows you to make and receive calls and send and receive content on the Network for your own personal use only.
3.2 Bundled Offer
- If your plan includes a Bundled Service, you acknowledge that you must remain connected to all services within your Bundled Services to continue to be eligible for the Bundled Service.
- If you cancel a Service within your Bundled Service, then for each remaining Service we may:
- remove any bundled offer discount being applied to your remaining Service;
- change your remaining Service onto the closest alternative current pricing plan; or
- cancel your remaining Service if there are technical, operational or commercial constraints on us that prevent us from continuing to supply you the remaining Service.
- if the change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so.
- if the change is to our Fair Go Policy and is reasonably necessary in order to protect our legitimate interests.
3.3 Blocking Calls
We may block access to a number (other than an emergency Service number) if we reasonably require this to be done for technical, operational or commercial reasons.
- You acknowledge that to provide the Service, we may need to provide your personal information or other details to other third parties (such as our Network Supplier).
- monitor your account and usage to ensure compliance with the Agreement;
- investigate any misuse of the Service and may involve law enforcement agencies in doing so; and
- if we find that you have misused the Service, we may recover from you any costs of investigating that misuse.
- if your use of the Service causes loss to another party and we are required to pay compensation to that person, we may require you to reimburse us.
- You are solely responsible for:
- keeping any usernames and passwords associated with your account for the Services secure;
- the use of its account, irrespective of who is using it, even if it is used without your permission;
- You must ensure that any person you allow to use the Service complies with the Agreement as if they were you; and
- You must pay all fees and charges which are incurred for the Service even if you did not authorise its use.
5. The Network
- that the Network is operated and owned by the Network Supplier who is not controlled by us.
- from time to time, the Network Supplier may vary, modify or change the Network at its discretion. Unless otherwise agreed upon in writing, we are not responsible for any variations, modifications or changes to the Network by the Network supplier.
- if the Network Supplier varies, modifies, or changes the network and that change will have an impact on you, we will notify you within a reasonable time frame, after we have been informed of the change.
- the provision of the Service is subject to bandwidth network availability and capacity.
- The Service is not available in all areas of Australia. You may obtain coverage maps showing availability in Australia from us or from our website.
- In areas that the Service is available, it is technically impracticable for us to guarantee that:
- the Service, including any value added services is available in each place within an area where there is coverage;
- ‘drop-outs’ will not occur during a call; and
- there will be no congestion on the Network.
- Due to technical reasons, we are not able to guarantee that calls to ’13’ prefix numbers will be diverted to the nearest location for that ’13’ prefix number.
- If you experience a fault with your Service, please contact us.
- Before you report a fault to us, you must take all reasonable steps to ensure that the fault is not caused by any equipment that we are not responsible for such as equipment that is owned by you or is not provided by us for you to use in connection with the Service.
- When we become aware of a fault we will notify the Network Supplier and request that the fault be corrected promptly, but we will not bear any further liability or responsibility.
- You must provide all reasonable assistance to enable us or our personnel, or where necessary a supplier, to investigate and repair a fault.
- If we investigate a fault and determine that the fault is attributable to a breach of the Agreement by you, or a negligent or fraudulent act or omission by you then we may charge you for any costs we incur in investigating and repairing the fault.
6. Fees and Charges
- You must pay the fees and charges by the due date for your plan as set out in the Plan Description.
- If your plan allows for excess usage, all of your charges may not appear in the relevant billing period and we may include these unbilled charges in a later bill(s).
- In the event that you overpaid:
- we will credit your account with the amount you have overpaid, or
- if you have stopped obtaining the Service, we will use reasonable endeavours to notify you that you have overpaid and refund the over payment.
6.2 Types of fees and charges
- 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.
- In the event you cancel your plan before the minimum term, we may charge you a cancellation fee which will be based on:
- the maximum cancellation fee;
- the minimum term of your plan;
- when you cancel the Service; and
- any other cancellation fees or charges referred to in your agreement.
- Some fees and charges for the Service are subject to variation, such as charges relating to:
- international carriage services or roaming (if available); and
- content or premium components of the Service.
6.3 Payment Default
If you do not pay your bill by the date the payment is due, we may:
- charge you a late fee;
- suspend or cancel the Service. If we suspend or cancel the Service, we may charge you a suspension fee or cancellation fee (in addition to any other fees that may be payable under your Agreement with us). If the Service is cancelled and the carriage service disconnected or deactivated, you may have to pay a reconnection or reactivation fee for the reconnection or reactivation of the Service;
- engage an agent to recover the money you owe us. If we engage an agent, we may charge you a recovery fee;
- institute legal proceedings against you to recover the money you owe us. If we institute legal proceedings, we may seek to recover our reasonable legal costs reasonably incurred; and
- in the case of some network technologies, change your plan to a .
- We may offer specials from time to time (including a special in relation to a particular pricing plan).
- A special may be an offer to vary the price or the terms of supply (including the minimum term), and it may be subject to certain conditions.
- If you validly accept a special, the terms of the special will prevail to the extent that the terms of the special are inconsistent with the terms of the Agreement. Otherwise, the terms and conditions of the Agreement continue to apply.
- After the special expires, we may end the special and the full terms and conditions of the Agreement will apply.
6.5 Taxes (including GST)
- Unless otherwise indicated, the fees and charges set out in the Agreement include any amount on account of tax.
- Where the fees and charges do not include an amount on account of tax, if any tax is payable by us in relation to, or on any supply under or in connection with the Agreement, we will increase the tax exclusive fees and charges by an additional amount on account of the tax. You must pay the additional amount at the same time you pay the fees and charges. This applies where the tax, such as GST, is directed at, and imposed on, you, the end-user.
7. Your Obligations
- When using the Service you must:
- comply with the Fair Go Policy;
- comply with all laws, regulations, standards and industry codes applicable to you; and
- comply with any rules imposed by any third party whose content or services you access using the Service or whose network your data traverses.
- When using the Service you must not:
- use the Service, including making or receiving calls, or sending or receiving content on the Network other than for your own personal use;
- intentionally disable or circumvent any protection or disabling mechanism related to the Service;
- install or store any software applications, code or scripts on or through;
- break any law or to infringe another person’s rights (including damaging any property or injuring or killing any person or infringing someone’s copyright);
- transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted;
- wholesale any service (including transit, refile or aggregate domestic or international traffic) on the Network;
- use the Service (including any SIM card) in connection with a device that switches or reroutes calls to or from the Network or the network of any supplier; or
- expose us to liability.
- We may ask you to stop doing something which we reasonably believe is contrary to the above. You must immediately comply with any such request. If you do not, then we may take any steps reasonably necessary to ensure compliance with our request.
- You acknowledge that we, or any supplier whose network is used to supply the Service, may be required to intercept communications over the Service and may also monitor your usage of the Service and communications sent over it.
8. Complaints and Disputes
8.1 Lodging a Complaint
- If you have any complaints in connection with the Service, please contact us. You may contact us in writing (post, email or an online form) or by calling us.
- We will handle your complaint in accordance with our . You may obtain a copy of this procedure from us or on our website.
- We will use our best endeavours to resolve your complaint, however if we are not able to resolve your complaint to your satisfaction, you can discuss your complaint with the Telecommunications Industry Ombudsman.
8.2 Suspension of Payment Obligations
Where your complaint is about a fee or charge for the use of the Service, provided we reasonably believe your complaint is bona fide, we will:
- in most cases suspend payment obligations, for that fee or charge only, until the complaint has been investigated and resolved; or
- if you pay by direct debit, protect your account and reverse any incorrect fees or charges that have been applied to your account, once the complaint has been investigated and resolved.
All other fees and charges that are not in dispute are due and payable.
8.3 Financial Hardship Policy
The Financial Hardship Policy contains information about how we can assist customers who are experiencing financial hardship.
You can see and print a copy at www.gotravelsim.com/financial-hardship or have a copy sent to you by calling us on 1300 417 015.
8.4 Complaints about Loss of Access to the Service
Where your complaint is about a significant loss of access to, or use of, the Service and the loss was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, you:
- will be entitled to a refund or a rebate of any access fees for the period in which your access or use was interrupted (including when an intervening event occurs). The Service description may set out the way in which any rebate or refund is calculated; and
- may be entitled to cancel the Service.
9. Suspending or Cancelling the Service
9.1 Your Right to Cancel the Service
- You may cancel the Service at any time by:
- giving us 30 days notice. If you cancel during the minimum term you must pay us the .
- giving us notice, if:
- we breach a material term of the Agreement and we cannot remedy that breach, including where there are prolonged or repeated interruptions to your access to or use of, the Service and the loss was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for; or
- we breach a material term of the Agreement and we can remedy that breach, but we do not remedy that breach within 30 days after you give us notice requiring us to do so; or
- any intervening event prevents the supply of the Service in accordance with the Agreement for more than 14 days.
- If the Agreement is an unsolicited consumer Agreement regulated by the unsolicited consumer Agreement provisions of the Australian Consumer Law, you may also cancel the Service:
- before the end of the cooling-off period which is:
- if the Agreement was negotiated otherwise than by telephone – the period of 10 business days from and including the first business day after you signed your application; or
- if the Agreement was negotiated by telephone – the period of 10 business days from and including the first business day after you received written confirmation from us of your application;
- in accordance with any additional termination rights you may have relating to unsolicited consumer Agreements under the Australian Consumer Law.
- If you wish to reinstate the Service you should contact us. If the Service is cancelled as a result of circumstances reasonably attributable to you and we reinstate the Service, then you may have to pay us a reconnection or reactivation fee.
- If you are able to use the Service after the cancellation date, you are liable for any charges incurred by you for that use.
- In addition to the charges mentioned above, you may be liable for other fees and charges upon cancellation (including in relation to equipment obtained or leased from us or our personnel), depending on the terms of your Agreement.
- The Agreement terminates when the Service is cancelled.
9.2 Our Rights to Suspend or Cancel the Service
- We may suspend or cancel, at our discretion, the Service at any time, if:
- there is an emergency;
- doing so is necessary to allow the Network Supplier or a third party supplier to repair, maintain or Service any part of the Network or a supplier’s network used to supply the Service;
- we reasonably suspect fraud by you or any other person in connection with the Service;
- we reasonably believe there has been an unusually high use of the Service;
- any amount owing to us in respect of the Service is not paid by its due date and we give you notice requiring payment of that amount and you fail to pay that amount in full within 10 business days after we give you that notice, unless otherwise set out in the Agreement;
- we reasonably consider you a credit risk because you have not paid amounts owing to us in respect of any Service that is not paid by its due date and you are given notice requiring payment of that amount and you fail to pay that amount in full within the required period;
- you breach a material term of the Agreement (including for the avoidance of doubt, but not limited to, the Fair Go Policy);
- we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law (for example, under the Copyright Act 1968 (Cth));
- problems are experienced interconnecting the Network with any supplier’s network;
- you suffer an insolvency event and we reasonably believe we are unlikely to receive payment for amounts due;
- you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due; or
- we are otherwise entitled to do so under the Agreement.
- In most circumstances, we will give you as much notice as we reasonably can before we suspend the Service. However, in some circumstances, for example in an emergency or if we consider your use of the Service is unreasonable and in breach of our Fair Go Policy we may suspend the Service without notice to you.
- If we suspend the Service, we may later cancel the Service for the same or a different reason.
9.3 Consequences of a Suspended Service
- If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
- If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, you will be entitled to a refund or a rebate of any access fees. You should contact customer Service for your refund or rebate.
- If the Service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee.
- If you wish to lift the suspension you should contact us.
10.1 Your Liability to Us
- You are liable to us for any breach of the Agreement by you that causes foreseeable substantial loss to us.
- You are not liable to us for any consequential losses we suffer or for any costs, expenses, loss or charges that we incur which are not a direct result of something you have done.
10.2 Our Liability to You
- We have responsibilities and obligations under the law, including under:
- the Telecommunications Legislation,
- the Competition and Consumer Act, including the Australian Consumer Law,
- applicable laws, regulations and codes.
Nothing in the Agreement removes or limits any rights that you have under existing laws or regulations.
- Consumer guarantees apply regardless of any express warranties to which you may be entitled under this Agreement.
- We guarantee that:
- goods are of acceptable quality (unless we specifically drew to your attention the reasons why the goods are not of acceptable quality);
- any express warranties will be honoured;
- you are buying goods that have clear title, that do not have undisclosed securities and with a right to undisturbed possession;
- you are buying goods that are fit for any disclosed purpose;
- you are buying goods that match the description, sample or demonstration model; and
- the services we supply are provided with due care and skill, are fit for any specified purpose (as are any products resulting from the services) and are provided within a reasonable time, if no time is fixed for supply of the services.
- If the goods or services we supply fail to meet a consumer guarantee, you may have rights against us. This may include the right to a repair, replacement or refund. In certain circumstances we may choose how we remedy our failure. In other circumstances, you may choose how the failure should be remedied.
- You may not be entitled to a refund or replacement under the Australian Consumer Law if the good is not rejected within a reasonable period; you have lost, destroyed or disposed of the good; or the good has been damaged after delivery. You may be entitled to recover reasonably foreseeable loss or damage suffered for our failure to meet a consumer guarantee.
- We are liable to you for:
- interruptions in your use of the Service as a result of a fault or negligence of us or our personnel, to the extent of a refund or rebate for the period of the interruption and compensation for any reasonable loss incurred, and
- death or personal injury caused by us or our personnel.
- If you have contributed to any loss or damage you are claiming against us, our liability is reduced to the extent of your contribution.
- Subject to your statutory rights as a consumer, we are not liable to you for any consequential losses you suffer or for any costs, expenses, loss or charges that you incur.
11.1 Assignment by Us
- We may assign some or all of our rights under the Agreement (where those rights are assignable) to any person.
- We may perform any of our obligations under the Agreement by arranging for them to be performed by another person, including a supplier. We will still be responsible for the performance of the obligations.
11.2 Assignment by You
- You may assign your rights under the Agreement (where those rights are assignable) so long as you have our prior written consent.
- You may transfer your obligations under the Agreement if:
- the person to whom you are transferring the obligations:
- provides satisfactory proof of identification,
- meets the eligibility criteria for the Service,
- has an appropriate credit rating, and
- the Service is available at the location where they wish to acquire the Service.
- The Agreement is governed by the laws of the Commonwealth of Australia and the laws of the state or territory in which you normally reside.
- You and we submit to the exclusive jurisdiction of the courts of the Commonwealth, and its states and territories.
12.2 Intellectual Property
- We own all material (including intellectual property rights) developed by us or our personnel, or at our or their direction.
- We may permit you to use this material, or other material licensed by us, as part of the Service. This permission is subject to any conditions which we may impose from time to time and will cease when the Service is cancelled.
- You must not infringe any person’s intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner) in using the Service. If you breach this paragraph, we may suspend or cancel the Service.
12.3 Unforeseen Event
A party is not responsible for any loss arising out of any occurrences or condition beyond its control, including but not limited to acts of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware or other malicious code.
12.4 Your Representation
- You represent that you are not a carrier or carriage Service provider.
- If you are or become a carrier or carriage Service provider, we may immediately cancel the Service by giving you notice.
- If we cancel the Service under this clause, we will negotiate in good faith with you to enter into an alternative Agreement governing supply of the Service, on terms to be agreed.
12.5 Waiving a Right
If you breach the Agreement and we do not exercise a right that we have because of your breach, we do not necessarily waive our entitlement to exercise that right because of your breach at any later time.
12.6 Information about Your Rights
Information and advice about your rights can be obtained by contacting the Australian Communications and Media Authority, the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission or the relevant Department of Fair Trading or Department of Consumer Affairs in your state or territory.