Terms And Conditions
Kompare Tech Australia Pty Ltd trading as Ownfone (ABN 19 162 221 721) ("we" or "us") will provide to you the mobile telephone service ("OwnFone Service") on the terms of this Agreement.
In this Agreement: (a) Customer Service means our customer services personnel available by telephone at 1300 OWNFNE (1300 696 363) and by email at firstname.lastname@example.org; and (b) OwnFone Website means our website located at www.ownfone.com.au.
1. Quick Summary of the OwnFone Service
The OwnFone Service is a mobile telephone service that enables you, while in Australia, to make calls to a limited number of your chosen pre-programmed Australian landline and mobile telephone numbers, and receive incoming calls, by means of the mobile telephone network ("Network") used by us.
Payment for the OwnFone Service is by means of a monthly subscription charge payable in advance by direct debit (Post-Paid plans only) for a set amount of monthly usage (month to month) or on a 6 or 12 month plan, plus payment for excess monthly usage payable in arrears. You choose the price plan and payment option in the application. The current price plan is available on the OwnFone Website and may be changed from time to time in accordance with this Agreement.
1.3. To use the OwnFone Service you must purchase our specially designed OwnFone Handset ("Handset") which incorporates a SIM card ("SIM Card"). The Handset is designed only to be used with the OwnFone Service and will be individually programmed to call your chosen telephone numbers and be printed with your chosen names and/or images.
Payment for the OwnFone Handset must be made before the Handset is dispatched to you. Details of the Handset warranty can be found in Paragraph 16.
2. When your Service Agreement begins
Your submitted online application is an offer to receive the OwnFone Service. Our acceptance of your offer takes place when we dispatch the Handset to you, at which point a contract will be made between us on the terms of this Agreement ("your Service Agreement"). At any point up until then you may cancel your application or we may decline to supply the OwnFone Service to you.
2.2 Monthly subscription charges for your service will start when your OwnFone handset is dispatched. 2.3 We will make every effort to dispatch your Handset within 3 business days of your order but it may take up to 5 business days for some models including braille orders.
3. Cancellation period
If you change your mind within 7 days of receipt of your Handset and have not used the Handset, you can inform Customer Service that you would like to return your Handset and cancel your Service Agreement by contacting Customer Service and you will not incur any charges. However, this right is limited, so please see paragraphs 3.2 and 3.4.
To obtain a refund of the cost of your Handset, you must return the Handset in its original condition and with all of its accessories to PO Box 4080 Castlecrag NSW 2068. The cost of your Handset will be refunded when we have received your Handset and it has been inspected. If it is found to be in an unsatisfactory condition, we will contact you as described in paragraph 14.1.
Cancellation of your Service Agreement will occur on the date that you notify us provided no calls have been made or received under your Service Agreement and we will refund any advance payments you have made.
Subject to paragraph 3.5, your cancellation right will automatically end when you start to use the OwnFone Service by making or receiving calls.
Notwithstanding the other provisions of this section 3, in the event you are unable to use the OwnFone Service due to no or inadequate Network coverage in your local area, you can inform Customer Service that you would like to return your Handset and cancel your Service Agreement by contacting Customer Service and you will not incur any cancellation charges.
4. The OwnFone Service
The OwnFone Service is available only for making mobile telephone calls using the Handset to your chosen pre-programmed telephone numbers and to receive incoming voice calls from any number in Australia. We may also make available a Handset with capacity to make calls to any number in Australia and further details about this Product are available on the OwnFone Website.
As your chosen telephone numbers are pre-programmed, they can only be changed by us. If you wish to change a pre-programmed number, contact Customer Service who will do this for you. There is no charge for less than three changes in a 12 month period. We reserve the right to make an administration charge of $25.00 (including GST) each time you make more than three pre-programmed number changes in any period of 12 months.
The printed contact information on the front of your Handset is customised at the time you order your Handset and cannot be changed once the Handset is dispatched. If you decide to change a named contact, as envisaged by paragraph 4.2, your Handset can only be updated by returning the Handset for reprinting or number update.
Roaming, text messaging and data services are not available as part of the OwnFone Service. The OwnFone Service does not include voicemail services.
4.5 The Network we use to operate the OwnFone Service is provided by a third party. 4.6
We will allocate a number for use of your Handset on the Network and this will be printed on the reverse of the Handset. Occasionally it may be necessary for us to alter the number of your Handset, or any other name, code or number associated with the OwnFone Service for reasons beyond our control such as where requested to do so by a governmental or regulatory body or Network provider. If this is the case we will give you reasonable notice and this may involve the supply of a replacement Handset at no charge.
Your telephone number does not belong to you but may be ported to another service provider. However, the Handset will only be functional using the OwnFone Service. If you wish to port the mobile number issued to you under the OwnFone Service to a different telecommunications service provider, you can contact Customer Service. You can elect to port or transfer your existing service number to an OwnFone where you elect to do so at the time of order.
5. Ending the Service Agreement
You may terminate your monthly Service Agreement at any time by giving 30 days notice to us. Six and twelve months packages will expire at the end of the six or twelve months from the date of activation and your Service Agreement will then automatically continue on a monthly basis charged at the equivilent monthly plan rates until terminated or upgraded. If you cancel a six or twelve month package within the contracted period, a cancellation fee of the remaining monthly fees subject to section 3 applies. Where prepayment for these periods has occurred no refund will be issued.
You may also terminate your Service Agreement within one month of being informed of a detrimental change or an increase in charges applicable to you (see paragraph 6) except to the extent the change or increase applies only after the end of a six or twelve months package.
We may terminate your Service Agreement if:
(a) we are required to terminate it in order to comply with any law; (b) we are unable to provide the OwnFone Service due to the termination of any agreement between us and any third party supplier; (c) a wholesale service necessary for the OwnFone Service is cancelled, but we will give you reasonable notice (at least 14 days where possible). 5.4
We may also suspend supply of the OwnFone Service to you or terminate your Service Agreement immediately if:
(a) you breach this Agreement, for example, by not paying your bill; (b) you fail any fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account(s); (c) you give us information about yourself which we reasonably believe to be false or misleading; (d) you are the subject of bankruptcy or insolvency proceedings, or if you do not make a payment under a judgment of a Court or fine, or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation; or (e) you use the SIM card for any purpose other than making or receiving calls through the OwnFone Service. 5.5 Both of us must continue complying with this Agreement until we stop providing the OwnFone Service to you. You will be charged for all monthly subscription charges incurred and calls made prior to the end of your Service Agreement. Termination of your Service Agreement, for whatever reason, shall not affect either of our respective accrued rights or liabilities. 5.6 After termination, it is your responsibility to cancel any direct debits, standing orders, credit card mandates or other authorisations you may have given for periodic payments to be made to us by third parties however under normal circumstances such direct debits, standing orders, credit card mandates would be cancelled when the account is closed.
6. Changes to this Service Agreement or the OwnFone Service
6.1 We can notify you of changes to your Service Agreement (including our charges) at any time. We will give you at least 30 days notice of any significant or detrimental changes in the manner described in paragraph 14.1. If you do not give notice of termination to us within that notice period or you continue to use the OwnFone Service after the date on which the change comes into effect, you will be taken to have accepted the change. 6.2 We reserve the right to add to, substitute, or to discontinue any non-material part of, the OwnFone Service at any time, for example because of changing technologies, obsolescence, new or different product features. 6.3 We reserve the right to determine how, or change the way, that the OwnFone Service is presented and delivered to your Handset or is otherwise made available to you. 6.4 If any change we make under paragraph 6.1 or 6.2 is detrimental to you, you may terminate the Service Agreement as set out in section 5, unless the change is due to changes in the law, government regulation or licence which affects us or the Network provider; or the change is the result of our providing additional services to you.
7. Suspending your use of the OwnFone Service
7.1 We may suspend some or all of the OwnFone Service, without giving you notice if: (a) we have good reason to believe that you have not complied with one or more of the terms of this Agreement; (b) you do not pay your bill within the time stipulated in paragraph 12; we reserve the right to place a bar on some or all of the services from your Handset until you have paid everything you owe us; (c) a complaint has been made against you. The complaint will be thoroughly investigated, and the OwnFone Service will remain suspended until we know the results of that investigation. Any complaint you make will similarly be thoroughly investigated; (d) we have good reason to believe that your mobile phone number is being used for fraudulent or improper purposes; (e) we suspect on reasonable grounds that information has been supplied to us without the knowledge of the person named or that an application is unauthorised or contains false particulars; (f) you notify us that your Handset has been lost or stolen. We may also exchange the mobile phone identity with other network operators to prevent the Handset from being used on their networks; (g) we are required by the emergency services or other government authority or the Network provider to suspend the OwnFone Service; or (h) it is necessary in order to carry out emergency maintenance or repairs. 7.2 You will remain liable for all monthly or other periodic charges during any period of suspension.
8. Excessive Usage Policy
8.1 In the event of Excessive Usage by you of the OwnFone Service we may require you to: (a) upgrade your Service Agreement to a higher call plan; (b) reduce your usage of the OwnFone Service in the case of untimed calls; and/or (c) pay additional charges to recover any costs or losses incurred by the Excessive Usage, based on timed national call rates as per the then current pricing schedule of our Network provider; and/or (d) terminate your Service Agreement. 8.2 For the purposes of this Agreement, "Excessive Usage" shall include, but is not limited to: (a) average call duration that exceeds 9 minutes where calls are untimed; (b) an inbound to outbound ratio of calls that exceeds 3:1; and/or (c) any other metric that we inform you in writing.
9. Our responsibilities to you
9.1 We will take all reasonable steps to make the OwnFone Service available to you at all times. The OwnFone Service is only available within the range of the base stations that make up the Network. We cannot guarantee a continuous fault free service. You acknowledge that: (a) the quality and availability of the OwnFone Service may sometimes be affected by factors outside our control - such as local physical obstructions, atmospheric conditions, other causes of radio interference, the number of people trying to use the Network at the same time, and faults in other telecommunication networks to which the Network is connected; (b) the quality of the OwnFone Service may not be at its best inside buildings or below ground; (c) any coverage maps are our best estimate but not a guarantee of service coverage which may vary from place to place; and (d) the Network and the OwnFone Service may from time to time require upgrading, modification, maintenance or other works. These may result in some or all of the services becoming temporarily unavailable. In such cases, we will do everything we can to keep the period of non-availability to a minimum.
10. Your responsibilities to us
10.1 You warrant to us that at the time of entering into your Service Agreement you are at least 18 years of age and that you enter into your Service Agreement as a consumer and not for business purposes. 10.2 You agree: (a) to provide us with such information as we reasonably request in connection with this Service Agreement and that all factual information you provide will be correct when provided and that you will promptly notify us of any changes from time to time; (b) to take reasonable precautions to prevent unauthorised use of the OwnFone Service or your Handset or access to your account through the customer service portal on the OwnFone Website (including making sure that you keep any username, PIN or password secure and confidential and changing them immediately if you realise that someone knows them); (c) to use your SIM Card, Handset and the OwnFone Service in the way described in in this Agreement and in accordance with any other instructions or guidelines given by us; (d) not to place, attempt or accept a reverse charge call using the OwnFone Service; (e) that because the SIM Card and Handset are specially designed to be used together, you will not remove the SIM Card from the Handset; (f) you will not connect to the Network via the SIM Card any GSM Gateway or use the OwnFone Service for the purposes of any voice-over-internet-protocol service; (g) that the SIM Card shall at all times remain our property or that of the Network provider and that we or they can recall the SIM Card if required for upgrade or modification or disable it on suspension of the OwnFone Service or on termination of your Service Agreement; (h) to inform us as soon as possible by telephone if the Handset is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner; (i) not to make any disparaging or untruthful comments about the OwnFone Service or the Network provider; (j) not to use, nor allow anyone else to use, the OwnFone Service for any immoral, obscene, defamatory, harmful, offensive, criminal or otherwise unlawful purpose; or to make a call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services); (k) that if the SIM Card or your Handset is lost, stolen, or otherwise used without your authority you will be responsible for any charges incurred until you have informed us; (l) that we shall have the right to disconnect your SIM Card from the Network (without compensation to you) where it is reasonably suspected that you are using equipment which has or is reasonably likely to, damage or disrupt the Network or put it at risk; (m) that the SIM card, Handset and the OwnFone Service are supplied solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card, Handset or the OwnFone Service; and (n) that if you do not comply with any provision of your Service Agreement, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we may suffer as a result.
11.1 Our charges for the OwnFone Service, including details of our price plans, are disclosed in the application form and this Agreement and are available on the OwnFone Website and may be amended from to time in accordance with this Agreement. 11.2 If we increase our charges, we will give you at least 30 days notice in writing before the changes take place. 11.3 The monthly charge includes the number of minutes of outgoing calls stated in the relevant price plan. Any charges incurred for calls in excess of the inclusive minutes in your price plan will be charged each month in arrears for Postpaid services. Unused minutes in any month expire and do not carry over to the next month unless your chosen price plan expressly states otherwise (such as for pre-paid services). 11.4 The minutes or value included in your price plan are to your chosen pre-programmed numbers only. Unless otherwise expressly stated in your chosen price plan, upon connection on a call you will be charged for each minute or part thereof. Usage and charges for using the OwnFone Service will be calculated using the details we have recorded. 11.5 You have a personal responsibility to monitor your use of the OwnFone Service to ensure you do not overcommit yourself financially. To assist you to monitor your own usage of the OwnFone Service, you can contact Customer Service or access your account through our customer service portal on the OwnFone Website using the username and password you create when setting up your account. 11.6 Subject to paragraph 11.5, we will use reasonable efforts to contact you if and when we discover or suspect abnormal usage and we may suspend or limit your access to the OwnFone Service if we cannot contact you promptly. 11.7 If we incur bank or other charges because your direct debit or credit card payment or other payment method is not honoured, we may recover those charges from you 11.8 You will be liable for all charges incurred by use of the OwnFone Service under this Agreement whether incurred by you or anyone else using your mobile phone (with or without your knowledge). You must pay the charges to us or as we direct. 11.9 Replacement Handsets in the event of loss, theft or beyond economic repair will be charged at the price stated in your chosen price plan including GST, plus postage as selected. 11.10 We may charge you additional charges for additional services we supply to you from time to time. 11.11 If there is any change in the prevailing rate of GST which is applicable, our prices shall be adjusted accordingly.
12. Paying your bill
12.1 You agree to make payment for your price plan monthly in advance and for any charges incurred for calls in excess of the inclusive minutes in your price plan in arrears. Both of these will be collected by a single direct debit (where the necessary data is available). If the amount to be paid or the payment date changes, we will notify you in advance of your account being debited or as otherwise agreed. If the payment day falls on a weekend or public holiday, the payment will be taken on the next business day. 12.2 When the OwnFone Service is activated and you have selected a price plan you will be given a Billing Date and your first bill will be produced shortly afterwards. Bills will normally be available monthly, but we reserve the right to bill you at any time. 12.3 All bills will be sent in electronic form and will be emailed to you in PDF format to the email address provided by you at the time of registration. If you do not have an email address, you can access bills via the portal on the OwnFone Website. 12.4 You must pay your monthly bill by the date stated on the bill. This payment will be drawn by way of direct debit pursuant to the direct debit authority included with your application. 12.5 If there are any changes to your bank or account details, you must let us know promptly. 12.6 You are not entitled to cancel a direct debit mandate without our written consent. If you need to do so, please contact Customer Service so we can arrange with you an alternative payment method. Failure to contact us for this purpose may result in the suspension or termination of your Service Agreement. 12.7 If a direct debit payment fails and we have your credit card details you agree that we may take payment from your card. We will send you confirmation in writing that we have taken payment in this manner. If we do not obtain payment in full within 21 days of the billing date, we may, in addition to our other rights, suspend your use of the OwnFone Service or terminate your Service Agreement. We reserve the right to charge interest on overdue charges (both before and after judgment) until we receive payment, at the rate of 7.5% per annum accruing daily. 12.8 Your call history log will show what calls have been made through your account and the applicable charges 12.9 As the account holder, you are responsible for the payment of all the charges that are incurred on your account. 12.10 If you do not pay your bill, we will send you a reminder or call you. If we do not receive payment within 10 calendar days of the date of that reminder, we may add a late payment charge of $10.00 to your next bill. We may also charge you $25.00 for any direct debit payments which fail because you do not have enough funds in your account. The charges set out in this paragraph are not subject to GST. We will generally not suspend or terminate the OwnFone Service or your Services Agreement until 14 days after your payment was due, unless this Agreement says otherwise. 12.11 All payments owed by you to us shall be made without set-off or counterclaim. We reserve the right to set off amounts owed to us by you against any amounts owed by us to you. 12.12 If you are experiencing financial hardship and unable to pay your bill by the due date, you may contact Customer Service to find out whether an alternative payment arrangement can be put in place in accordance with our Financial Hardship Policy set out in Schedule 1.
13. Our liability to you
13.1 We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence (or our agent’s negligence), (b) fraud, or (c) any of our liabilities that cannot by law be restricted or excluded including under the Australian Consumer Law. 13.2 We are responsible for direct losses you suffer as a result of us breaching your Service Agreement if the losses are foreseeable to both of us at the time you enter into your Service Agreement. Our liability shall not in any event include losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us. If you suffer any loss you must let us know as soon as possible by contacting us. 13.3 Subject to paragraph 13.1, if we or the Network provider are found liable to you, our and their liability will not under any circumstance exceed the total of the fees and charges paid by you under your Service Agreement in the 6 months period immediately preceding the date of your claim.
14. Communication and notices
14.1 We may communicate with you in writing in relation to any matter affecting the OwnFone Service or your Service Agreement, including to give you notice of suspension or termination or a change in our charges or other terms of the OwnFone Service or this Agreement, either: (a) by writing to you at the current address you have given to us; or (b) by email to the current email address you have given to us 14.2 We may also contact you by telephone at the current telephone number you have given to us or your mobile number (including by sms), unless you indicate to us at any time that you do not wish to be contacted in this way. 14.3 If any of your contact details change, you must promptly let us have the new details. 14.4 Where we communicate by writing to your current address, you will be deemed to have received the notification 3 business days later. Where we send you notification by email, you will be deemed to have received it on the following business day. 14.5 Where you wish to communicate with us in writing please contact Customer Service. 14.6 Any notification you make to us in writing to our address will be deemed to have been received 3 business days later. Where you send us notification by email, we will be deemed to have received it the following business day. On the telephone we can discuss your account only with you, the account holder, and we may require you to verify your identity before doing so. Calls to us may be recorded.
15. Complaints and Service issues
15.1 If you are unhappy with any aspect of our service please contact Customer Service. A full version of our Complaint Handling Policy can be found on the OwnFone Website or you may request a copy by contacting Customer Service. You may nominate a representative to speak to us on your behalf. 15.2 In all cases we will acknowledge your complaint in accordance with Chapter 4 of the Telecommunications Consumer Protections Code and issue a unique reference number to enable you and us to track the subject matter of the complaint to resolution. 15.3 If we do not resolve your complaint to your satisfaction, you may contact the Telecommunications Industry Ombudsman at http://www.tio.com.au to assist. You can also contact the ACCC or your local Office of Fair Trading. 15.4 If your complaint is about a fee or charge for the OwnFone Service, we may suspend payment obligations for that fee or charge until the complaint is resolved. All other fees and charges not in dispute remain due and payable.
16. Handset limited warranty
16.1 We warrant that OwnFone Handsets and accessories ("Products") are free from defects in material and workmanship under normal use and service for one year commencing upon the date of delivery to you. 16.2 The warranty under paragraph 16.1 is conditional upon proper use of the Product. 16.3 The warranty under paragraph 16.1 does not cover: (a) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, unless caused prior to delivery to you; (c) defects or damage resulting from excessive force; (d) equipment that has the IMEI number removed, defaced, damaged, altered or made illegible; (e) ordinary wear and tear; (f) defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment not furnished or approved by us. 16.4 During the applicable warranty period, provided the Product is returned to us and the defect is covered by this warranty, we will repair or replace the Product, at our sole option, without charge. We may use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned or new Product. Repaired/replaced cases, pouches and holsters will be warranted for a period of ninety (90) days. All other repaired/replaced Products will be warranted for a period equal to the remainder of the original warranty period on the original Product or for ninety (90) days, whichever is longer. All replaced Products, parts, components, boards and equipment shall become our property. 16.5 If we determine that any Product is not covered by this warranty, you must pay all parts, shipping, and labour charges for the repair or return of such Product. In this event we will inform you before proceeding with any repairs.
Financial Hardship Policy
This policy outlines the financial hardship assistance options available to any customer who is experiencing financial hardship and is unable to pay their invoice by the due date.
The customer is responsible for contacting Customer Service when they become aware that they will be unable to pay their invoice by the due date.
In the situation where the customer is experiencing genuine financial hardship, is willing to pay and is seeking financial assistance, we will work together with the customer to construct a suitable payment plan.
We may restrict access to certain services whilst a payment plan is in place and/or manage the customer's future spending by applying a credit limit.
Supporting documentation will be required to assist in ascertaining eligibility and in agreeing a reasonable payment arrangement.
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