1 INTRODUCTION
1.1 These General Terms and Conditions form part of Your Agreement with Casphone Mobile.
1.2 Your Agreement with Casphone Mobile is made up of:
- Your Application;
- Critical Information Summary
- These contain a summary of the most important details of the service, like inclusions, price and term
- these General Terms and Conditions
- Telecommunications legislation allows Casphone Mobile to set out our standard terms in a “Standard Form of Agreement”
- These General Terms and Conditions apply to all Casphone Mobile services and explain how We supply them to You
- the Service Description
- This is a detailed description of the services offered by Casphone Mobile, including the different features, options and availability of a service
- These contain terms that apply to different kinds of service We might provide
- the Pricing Tables
- These set out the fees or charges for Your use of the service that Casphone Mobile may charge You, as well as other information such as eligibility criteria and specific details of any pricing plans and some specials that Casphone Mobile may have on offer
- The Pricing Tables refer to the Appendix relevant to the service You have chosen
- the Appendices
- These contain additional information that apply to Your use of the service, such as information about other call charges and our various policies (including our Fair Use Policy)
- These are subject to regular change
1.3 – Casphone Mobile recommends that You read all of the documents that relate to You and the service You select. In particular, You are advised to carefully check the Pricing Tables so You know what fees and charges apply to Your use of the service. If You require assistance to understand Your obligations, please contact us to discuss.
1.4 – Words and phrases used in the Agreement may have specific meanings, which are found in the Dictionary. The Dictionary also sets out the interpretive rules by which the Agreement should be read.
1.5 – If there is any inconsistency between different parts of the Agreement, that inconsistency is to be resolved by reading the parts of the Agreement in the following priority:
- Critical Information Summary
- Service Description
- these General Terms and Conditions
1.6 – All of the information contained in these General Terms and Conditions, Service Descriptions, Pricing Tables and Appendices can also be found on our website: www.CasphoneMobile.com.au
2 – TERM
2.1 – Commencement
2.1.1 – The Agreement commences on the service start date.
2.1.2- If You are a new or existing customer and You have not activated Your service within 5 business days of the Application being approved, Casphone Mobile may activate the service automatically and without further notice.
2.2- Duration
2.2.1- The Agreement may be a fixed-length agreement or a non fixed-length agreement.
2.2.2- Where the Agreement is a non fixed-length agreement, Casphone Mobile will continue to deliver the service to You in accordance with the Agreement until the service is cancelled in accordance with clause 8, below.
2.2.3- Where the Agreement is a fixed-length agreement, Casphone Mobile will deliver the service to You in accordance with the Agreement for the minimum term, and after the end of the minimum term as a non fixed-term agreement unless
- You give us 30 days’ notice before the end of the minimum term that You wish the service to be cancelled
- Casphone Mobile gives You 30 days’ notice before the end of the minimum term that Casphone Mobile will not continue to provide the service
- the Agreement is otherwise terminated in accordance with clause 12, below
- AMENDING THE AGREEMENT
3.1 – Our right to amend the Agreement
3.1.1 – If the Agreement is a non fixed-length Agreement, Casphone Mobile may amend it from time to time without notice if either:
- the amendment will benefit or will not adversely affect You
- You agree to the amendment
3.1.2 – If the Agreement is a non fixed-length Agreement, Casphone Mobile may amend it from time to time with 3 days’ notice if either:
- the amendment is required by law
- the amendment is necessary for security reasons, to prevent fraud or for technical reasons
3.1.3- If the Agreement is a non fixed-length Agreement and clauses 3.1.1 and 3.1.2 do not apply, Casphone Mobile may amend it from time to time upon 21 days’ notice, provided that You are given the opportunity to cancel the Service on fair terms.
3.1.4- If the Agreement is a fixed-length Agreement, Casphone Mobile may amend it from time to time without notice if either:
- the amendment will benefit or will not adversely affect You
- You agree to the amendment
- the amendment is in relation to the cost of international services or roaming
Note: Before You travel overseas You should contact us on 1300 001 240 or see our website www.Casphonemobile.com.au for indicative pricing
3.1.5 – If the Agreement is a fixed-length Agreement, Casphone Mobile may amend it from time to time where:
- the amendment is to increase the price of content or a premium service (where Casphone Mobile are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us), in which situation Casphone Mobile:
- will give You at least 21 days’ notice of the amendment where We reasonably can if You have used the content or premium service within the previous six months
- will allow You to elect to not use the content or premium service without attracting any additional charges
Note: Mobile premium services can be very expensive. Text STOP to any mobile premium service to cancel it. If You are experiencing problems with a premium service, please contact us. The Communications Alliance (an industry body) has established www.19sms.com.au which provides additional information about mobile premium services and how to get help when problems arise.
- the amendment is a result of another carrier or service provider varying their agreement with Casphone Mobile so that Casphone Mobile needs to make consequential amendments to the Agreement, in which situation Casphone Mobile:
- will give You at least 21 days’ notice of the amendment where We reasonably can
- will give You the opportunity to cancel the service on fair terms
3.2 -Determining the effect of an amendment on You
3.2.1 – An amendment will be considered to have an adverse effect on You if both the following apply:
- You have used or been billed for the service affected by the amendment during the previous 6 months
- the amendment will likely have more than a minor detrimental effect on You.
3.2.2- If Casphone Mobile has determined that an amendment does not have an adverse effect on You, and You disagree with that determination, You should contact us as soon as possible. If You can demonstrate otherwise, Casphone Mobile:
- will offer You the right to cancel the service on fair terms
- may offer You an alternative remedy to address the effect of the amendment on You.
3.2.3- Casphone Mobile reserves the right to vary the Appendices at any time and from time to time, and such variations will not be considered to have any adverse affect on You.
3.3 – How notice is to be given
3.3.1- When Casphone Mobile is required to give You notice of an amendment, it will do so in writing and may do so by any of the following methods according to any details You have provided in the Application:
- giving it to You in person
- sending it to You by mail
- sending it to You by email
- sending it to You by bill message or bill insert,
- When Casphone Mobile is required to give You notice of an amendment in relation to prepaid services, it may do so by making the information available on our website or at retail outlets and informing You (by recorded message, text message or in writing) of how to obtain information about the amendment.
- Cancellation on fair terms
- If You choose to cancel the service pursuant to any notice Casphone Mobile gives You:
- You will have 30 days to notify us of Your choice
- Casphone Mobile will cancel the service on the date on which You notify us of Your choice and You will only have to pay only:
- Your usage charges or minimum monthly spend (incurred to the date on which You notify us You wish to cancel the service)
- any outstanding installation costs
- any outstanding equipment charges where that equipment can be used with another service provider
- If You have overpaid for the service because either:
- the service is cancelled during a billing cycle
- the amendment related to a price increase that became effective prior to the date Your service was cancelled,
then Your account will be credited (if You continue to have any account with us) or otherwise Casphone Mobile will make reasonable efforts to notify You and refund the overpayment.
3.4.3- If You have paid upfront costs for equipment for a fixed-length Agreement that cannot be used with another service provider upon cancellation, Casphone Mobile will refund those costs on return of the equipment during the minimum term according to the formula: Upfront cost multiplied by the number of months (or part thereof) remaining in any minimum term, divided by the total number of months in the minimum term.
- Assignment
- Casphone Mobile may assign, transfer or novate Our obligations and/or liabilities under the Agreement to another person (Incoming Provider) on 30 days’ notice provided that Your rights will not be prejudiced and the Incoming Provider is either:
- a related body corporate of Casphone Mobile
- a reputable provider and has agreed to assume those obligations and liabilities
3.5.2- You cannot transfer, novate or assign Your rights and obligations under the Agreement without Casphone Mobile’s consent, which will not be unreasonably withheld.
4- USING THE SERVICE
4.1- Connecting the service
You must reasonably co-operate with Casphone Mobile to allow us, or a supplier, to establish and deliver the service to You safely and efficiently. We occasionally need Your consent to do certain things. If You do not co-operate with us, Casphone Mobile may be entitled to cancel or suspend the service.
4.2- Quality of the service
Casphone Mobile will deliver the service to You with all due care and skill and will endeavour to make the service available to You at all times. However, at times the quality and availability of the service may be affected by factors outside Casphone Mobile’s control, such as weather and faults in phone networks. This is in the nature of telecommunications systems. We cannot promise that the service will be uninterrupted or completely free of faults. Also, the network and the service may from time to time need upgrading, maintenance or other work during which the service could be interrupted or unavailable. In the event of unexpected faults Casphone Mobile will use reasonable endeavours to ensure the service is restored as soon as possible.
4.3- Emergencies and exigencies
4.3.1- Casphone Mobile may block access to a number (other than an emergency service number) if Casphone Mobile reasonably requires this to be done for technical, operational or commercial reasons.
4.3.2- Casphone Mobile may immediately suspend or cancel the service, or disconnect equipment from the service, if there is an emergency. Casphone Mobile will try to give You notice of this action.
4.4- Your responsibility
4.4.1- You are responsible for and must pay for any use of the service, whether You authorise it or not, except to the extent that Casphone Mobile has caused any unauthorised use.
4.4.2 – You must take steps to ensure that any usernames, passwords, PIN numbers and similar are kept secure and that You contact us immediately You become aware that any have been compromised.
4.4.3- You must use the service strictly in accordance with the Appendices, particularly Casphone Mobile’s Fair Use Policy, and You must always comply with all:
- applicable Laws
- directions by a Telecommunications Regulator
- notices issued by authorisation of or under a relevant Law (for example, under the Copyright Act 1968 (Cth))
- reasonable directions of Casphone Mobile
5- EQUIPMENT
5.1- Your responsibilities in relation to equipment
5.1.1- You must ensure that all equipment You use in connection with the service and the way You use that equipment complies with all:
- applicable Laws
- technical standards and similar requirements
Note: These standards can be found on the Australian Communication Authority’s website: www.acma.gov.au
- directions by a Telecommunications Regulator
- notices issued by authorisation of or under law (for example, under the Copyright Act 1968 (Cth))
- reasonable directions of Casphone Mobile, for example due to any danger or interference it might cause
5.2- Casphone Mobile Equipment
5.2.1- Casphone Mobile remains the owner of all equipment supplied to You until it is paid for, in full.
5.2.2- You must not mortgage, charge or otherwise encumber any equipment owned by Casphone Mobile.
5.2.3- Maintenance and repair of any equipment owned by Casphone Mobile must be conducted only by Our personnel or a third party supplier referred by Casphone Mobile.
5.2.4- You are responsible for any lost, stolen or damaged equipment (excluding fair wear and tear) owned by Casphone Mobile, and for any outstanding payments on that equipment, unless Casphone Mobile or our personnel cause it.
6- FAULTS
6.1- Reporting faults
6.1.1- Casphone Mobile will provide a fault reporting service for You to report faults.
6.1.2- Before You report a fault to Casphone Mobile, You must take all reasonable steps to ensure that any equipment that is not equipment owned by Casphone Mobile does not cause the fault.
6.2- Assisting Casphone Mobile in investigating and repairing a fault
You must provide all reasonable assistance to enable Casphone Mobile or our personnel, or where necessary a third party supplier referred by Casphone Mobile, to investigate and repair a fault.
6.3- Casphone Mobile’s responsibility for repairing faults in the service
6.3.1- Unless the service description expressly provides otherwise, Casphone Mobile is not responsible for repairing any fault in the service where the fault arises in or is caused by:
- a network fault
- equipment that is not owned by Casphone Mobile
- facilities outside the Casphone Mobile network
- Where a fault arises in or is caused by a supplier’s network, Casphone Mobile will notify the supplier of the fault and request its prompt correction, but Casphone Mobile will not bear any further responsibility arising from the fault
- Where the fault arises in or is caused by equipment that is not owned by Casphone Mobile, Weare not responsible for the repair of that fault.
6.4- Loss of access
If the fault results in a significant and sustained loss of access to, or use of, the service, You may be entitled to cancel the service.
7. – COMPLAINTS AND DISPUTES
7.1 – How to make a complaint
If You have any complaints in connection with the service, You may complain in writing (including by sending an email to enquiries@Casphonemobile.com.au or by calling Casphone Mobile on 1300 001 240. Casphone Mobile will handle Your complaint in accordance with Casphone Mobile’s Complaints Handling Policy. You may view this Policy on Casphone Mobile’s website: www.Casphonemobile.com.au
7.2- Where Casphone Mobile cannot resolve Your complaint
Casphone Mobile will use its best endeavours to resolve Your complaint. If, however, Casphone Mobile is not able to resolve Your complaint to Your satisfaction, You can refer Your complaint to the Telecommunications Industry Ombudsman, the Department of Fair Trading or The Department of Consumer Affairs in Your State or Territory, or to the Office of the Federal Privacy Commissioner.
7.3- Where Your complaint is about a fee or charge for the use of the service, provided Casphone Mobile reasonably believes Your complaint is bona fide, Casphone Mobile will in most cases, suspend Your payment obligation for that fee or charge only, until the complaint has been investigated and resolved.
7.4- All fees and charges that are not in dispute remain due and payable in accordance with this Agreement.
7.5- 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 Casphone Mobile is not responsible for, You:
- are entitled on request to a refund or a rebate of any minimum monthly payment for the period in which Your access or use was interrupted (including when an intervening event occurs)
- may be entitled to cancel the service
8.- CANCELLING THE SERVICE
8.1- Your right to cancel a fixed length agreement
8.1.1- You may cancel the service by:
- giving Casphone Mobile 30 days’ notice in writing 30 days before the expiry of a fixed length agreement
Note: You are required to give us this notice if You do not wish to continue to use the service after the end of the minimum term of a fixed-length Agreement, otherwise Casphone Mobile will continue to supply the service to You
- giving Casphone Mobile notice in writing, if any of the following apply:
- Casphone Mobile breaches a material term of this Agreement and Casphone Mobile cannot remedy that breach, including where there is a significant and sustained 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 not owned by Casphone Mobile
- Casphone Mobile breaches a material term of this Agreement and Casphone Mobile can remedy that breach, but Casphone Mobile does not remedy that breach within 30 days after You give Casphone Mobile notice in writing requiring Casphone Mobile to do so
- an intervening event prevents the supply of the service in accordance with this Agreement for more than 14 days
8.1.2- If this 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:
- before the end of the cooling-off period which is:
- if the Agreement was negotiated otherwise than by telephone, 10 business days from and including the first business day after You signed the Application
- if the Agreement was negotiated by telephone, 10 business days from and including the first business day after You received written confirmation from Casphone Mobile of the details of the Application
- In any event, in accordance with any additional termination rights You may have relating to unsolicited consumer agreements under the Australian Consumer Law.
NOTE: Details about these additional rights to cancel the Agreement are set out in the information provided to You at the time You completed Your Application.
8.1.3- You may also cancel the service in accordance with clause 3 above. Clause 3 sets out the circumstances that give You the right to cancel the service if Casphone Mobile has amended the Agreement.
- Your right to cancel a non fixed-length agreement
You may cancel the service by giving Casphone Mobile 30 days’ notice in writing at any time.
8.3- Casphone Mobile’s right to cancel a fixed-length agreement or a non-fixed-length Agreement
8.3.1- If the Agreement is a non fixed-length Agreement, Casphone Mobile may cancel the service at any time by giving You at least 30 days notice.
8.3.2- Casphone Mobile may cancel the service at any time, upon the giving of notice (except if there is an emergency), if any of the following apply:
- there is an emergency
- Casphone Mobile reasonably suspects that You or any other person in connection with the use of the service has acted fraudulently, illegally or in such way as to pose an unreasonable risk to Our security or network access
- any amount owing to Casphone Mobile in respect of the service (which is not the subject of a valid dispute) is not paid by its due date and Casphone Mobile gives You notice in writing requiring payment of that amount to be made, and You fail to pay that amount in full within ten (10) business days after Casphone Mobile gives You that notice
- Casphone Mobile reasonably considers You a credit risk
- You breach a material term of this Agreement (including for the avoidance of doubt, but not limited to, Your obligations relating to the use of the service set out in the service description or otherwise the service) and You cannot remedy that breach
- You breach a material term of this Agreement (other than a breach which separately gives rise to rights under this clause) (including for the avoidance of doubt, but not limited to, Your obligations relating to the use of the service set out in the service description or otherwise misuse the service) and You can remedy that breach, and You do not remedy that breach within 30 days after Casphone Mobile gives You notice in writing requiring You to do so
- Casphone Mobile are required to comply with an order, instruction, request or notice of a Telecommunications Regulator (for example under the numbering regulations), an emergency services organisation, any other competent authority, by authorisation of or under any applicable Law or under any applicable industry code
- You suffer an insolvency event and Casphone Mobile reasonably believes that Casphone Mobile is unlikely to receive payment for amounts due from You
- You die, or if You are a partnership and the partnership is dissolved, or an Application is made to dissolve the partnership, or You are a corporation and the corporation is wound up, or an Application is made to wind up the corporation, and Casphone Mobile reasonably believes that Casphone Mobile is unlikely to receive payment for amounts due from You
- the service is suspended for more than 14 days, unless otherwise set out in this Agreement
- any intervening event prevents the delivery of the service in accordance with this Agreement for more than 14 days
- the Telstra Wholesale network is no longer made available to Casphone Mobile
- Casphone Mobile is otherwise entitled to do so under this Agreement
8.3.3- Multiple services
If You have more than one service with Casphone Mobile and You are in breach of Your Agreement under any service, Casphone Mobile has the right to cancel all of Your services if the breach is not rectified and if there are reasonable grounds for Casphone Mobile to believe Your continued use of that service represents a credit risk to Casphone Mobile.
8.4 – How to request cancellation
8.4.1 – You can ask Casphone Mobile to cancel the service by calling us. Your call will be deemed as Your notice to cancel the service.
8.4.2- You may also be able to cancel the service by electing to have an equivalent service to the current service delivered by another carrier or carriage service provider (including, by transferring or porting). That carrier or carriage service provider will inform Casphone Mobile that You have elected to have the relevant service delivered by them or have it transferred to them and Casphone Mobile will then cancel the service immediately.
8.5- When will the service be cancelled?
The service will be cancelled on the cancellation date. You will not be able to use the service after the cancellation date.
8.6 – What happens when the service is cancelled?
8.6.1- You are liable for any charges incurred up to, and including on, the cancellation date and any cancellation fee or early termination fee.
NOTE: You should check the service description and pricing tables for Your service (and relevant advertising material) for details of any applicable cancellation fee. You will not be liable for any such charges under this subsection if You cancel the service in accordance with clause 8.1 or 8.2, above.
8.6.2- You authorise Casphone Mobile to apply any over payment on Your account and/or money that You have paid in advance for the service which is being cancelled to pay for any undisputed outstanding charges (including the cancellation fee, if any).
- Subject to paragraph 8.6.2 above and unless otherwise set out in the Service Description (for example Casphone Mobile will not refund or redeem for cash any included call credits on a postpaid service), Casphone Mobile will on request refund any over payment on Your account and any money that You have paid in advance for the service which is being cancelled on a pro-rata basis to You.
8.6.4- If You are required under the Service Description to pay for the service by direct debit payment (either from Your credit card or from Your nominated bank account), You authorise Casphone Mobile to debit any undisputed outstanding charges (including any cancellation fee, if any) from Your credit card or bank account.
- Reinstatement
If You wish to reinstate the service You should contact Casphone Mobile. If the service is cancelled as a result of circumstances reasonably attributable to You and Casphone Mobile reinstates the service, then You may be required to pay to Casphone Mobile a reconnection or reactivation fee as a condition of reinstatement.
- Use after cancellation date
If, for any reason, 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 any other charges under this clause 8.
9- SUSPENDING THE SERVICE
9.1- Casphone Mobile’s right to suspend or restrict the service
Casphone Mobile may suspend the service at any time, if either:
- any of the circumstances that would entitle Us to terminate the service exist
- You have behaved toward Our personnel in a way that has been verbally or physically abusive, threatening or amounts to bullying or harassment
- You have made multiple complaints without reasonable cause and continue to do so after We have requested You to stop
- doing so is necessary to allow Casphone Mobile or a supplier to repair, maintain or service any part of Casphone Mobile’s network or a supplier’s network used to deliver the service
- Casphone Mobile are otherwise entitled to do so under this Agreement.
9.2 – Notice
9.2.1- Casphone Mobile may suspend the service as soon as Casphone Mobile give You notice in writing of its intention to do so, unless otherwise set out in this Agreement.
9.2.2 -Casphone Mobile will give You as much prior written notice as Casphone Mobile reasonably can before Casphone Mobile suspends the service. However, Casphone Mobile may suspend the service immediately if there is an emergency.
9.3- Subsequent cancellation
If Casphone Mobile suspends the service, Casphone Mobile may later cancel the service for the same or a different reason.
9.4- Multiple services
If You have more than one service with Casphone Mobile and any service is suspended in, Casphone Mobile has the right to suspend all of Your services.
9.5- What happens when the service is suspended
9.5.1- If You have a fixed-length Agreement and either:
- Casphone Mobile agrees to suspend the service, at Your request
- Casphone Mobile suspends the service in accordance with clause 9.1 (other than for repairs or maintenance) or otherwise as Casphone Mobile is permitted to do under the Communications Alliance Telecommunications Consumer Protection Industry Code
then
- The period for which Your service remains suspended will not count towards the minimum term
- The calculation of the minimum term will recommence when Your service is reactivated. The first bill You receive after Your service is reactivated will include any applicable equipment charges (such as phone instalments) for that month and Your minimum monthly payment on a pro-rata basis for the period Your service was suspended
- You remain liable for all charges due under this Agreement throughout any period of suspension
- You can still make calls to emergency services during any period of suspension
- Your minimum monthly payment and equipment charges will also be suspended for the period of the service suspension
- If the service is suspended and the suspension was not a result of circumstances reasonably attributable to You or equipment not owned by Casphone Mobile, You will be entitled upon receipt of a written request to a refund or a rebate of any monthly service charges for the period of suspension. 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 Casphone Mobile a suspension fee. You should check the relevant Pricing Table for the service concerned to see if a suspension fee applies.
- If the service is suspended for payment default Casphone Mobile will reactivate the service on receipt of payment of the full amount owing.
- If You wish to lift the suspension You should contact Casphone Mobile. If the service is suspended as a result of circumstances reasonably attributable to You and Casphone Mobile reactivates the service, You may have to pay Casphone Mobile a reconnection or reactivation fee.
9.6- If You ask Casphone Mobile to suspend Your use of the service and Casphone Mobile does not agree to do so, You must still pay any remaining equipment charges by their due date for payment.
10- LIABILITY
10.1- Your liability to Casphone Mobile
10.1.1- You are liable to pay Us all fees and charges applicable to the service as contained in the relevant Critical Information Summary and Pricing Tables, in full and when due.
10.1.2- The fees and charges for Your service may not include all taxes. You must pay any applicable taxes we include as part of an invoice at the same time You pay the fees and charges. This includes GST.
10.1.3- The fees and charges for Your service may be rounded up or down to the nearest whole cent, and 0.5 cents will be rounded up.
10.1.4- You are liable to Casphone Mobile for any breach of this Agreement by You that causes foreseeable substantial loss to Casphone Mobile.
10.1.5- You must indemnify Casphone Mobile against any third party claims (including the legal costs and disbursements associated with such a claim, on a solicitor/client basis) arising from Your breach of this Agreement.
10.1.6- You are not liable to Casphone Mobile for any consequential losses Casphone Mobile suffers or for any costs, expenses, loss or charges that Casphone Mobile incurs, which are not a result of something You have done or failed to do.
10.2- Survival
The provisions of clause 10.1 are not affected by cancellation or suspension of the service, unless otherwise provided.
10.3- Casphone Mobile’s liability to You
10.3.1- Nothing in these terms and conditions shall be read or understood to exclude or limit the operation of any provision of the Australian Consumer Law or other applicable law which is not permitted to be limited or excluded.
10.3.2- If the service is used by You in pursuit of financial gain (e.g. to conduct trading of securities), it is important that you have an alternative means of communication. By making your Application, You warrant that you do not rely solely on the service.
10.3.3- If You did not purchase the service from Casphone Mobile for personal use, Casphone Mobile disclaims all liability:
- for losses that result from the use of the service in connection with the conduct of a business
- to Your end users, whether in contract, tort (including negligence), statute or otherwise
10.3.4- Casphone Mobile is not liable for any loss or damage to the extent caused by You.
10.3.5- Casphone Mobile is not liable for any loss or damage to the extent caused by Your failure to take reasonable steps to avoid or minimise Your loss.
10.3.6- Casphone Mobile is not liable for loss or damage to the extent caused by events outside our reasonable control (such as network or equipment failures not owned or operated by us, intervening events, etc).
10.3.7- Casphone Mobile is not liable for any third party or consequential losses.
10.3.7- Casphone Mobile’s liability is limited to, in the aggregate for any claim or series of claims, $5 million.
10.4- The liability that We accept under clause 10.3 includes liability for our agents.
10.5- Survival
The provisions of clauses 10.3 and 10.4 are not affected by cancellation or suspension of the service, unless otherwise provided.
11- GENERAL
11.1- Financial hardship policy
The Casphone Mobile Financial Hardship Policy contains information about how Casphone Mobile can assist customers who are experiencing financial hardship. You can view the Policy at www.Casphonemobile.com.au or have a copy sent to You by calling Casphone Mobile on 1300 001 240.
11.2- Applicable law
This Agreement is governed by the Laws of the State of Victoria. You and Casphone Mobile submit to the exclusive jurisdiction of the Courts of the Victoria, and any Appellate Courts.
11.3- Intellectual Property
Casphone Mobile owns all material (including Intellectual Property Rights) developed by Casphone Mobile or Casphone Mobile’s personnel, or at Casphone Mobile’s direction.
11.4- Intervening Events
11.4.1- If an intervening event occurs which prevents You (or any of Your personnel) from performing any of Your obligations under this Agreement (other than an obligation to pay money), then You will not be liable for failing to perform that obligation.
11.4.2- If an intervening event occurs which prevents Casphone Mobile (or any of Our personnel) from performing any of Our obligations under this Agreement (other than an obligation to pay money), then Casphone Mobile will not be liable for failing to perform that obligation.
11.4.3- You must notify Casphone Mobile of any intervening event affecting You and use Your best efforts to resume performance in accordance with this Agreement as soon as reasonably possible.
11.4.4- Casphone Mobile must notify You of any intervening event affecting Us and use its best endeavours to resume performance in accordance with this Agreement as soon as reasonably possible.
11.5- Waiver
If You breach this Agreement and Casphone Mobile does not exercise a right that Casphone Mobile has because of Your breach, Casphone Mobile is entitled to exercise that right at any time and Casphone Mobile does not waive that right by later exercise.
11.6- Payment of commission by Casphone Mobile
Casphone Mobile may pay a commission to any of its personnel in connection with this Agreement.
11.7- Directory Assistance
Directory Assistance is available by calling 1223. Please refer to the pricing tables for further details and pricing for the 1223 service.
11.8- Privacy
We collect, use and disclose personal information as set out in Our Privacy Policy
11.9 – 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.
11.10- Contacting Casphone Mobile
Customer Service: By phone: 1300 001 240
On the internet: www.Casphonemobile.com.au
By mail: PO Box 5161 South Melbourne Victoria 3205
National relay service: 133 677
If You are deaf of have a hearing or speech impairment You can use the services of the national relay service http://relayservice.gov.au/ to contact us
Translating and interpreting service 131 450
If English is not Your first language You can use the services of the national translating and interpreting service.