Terms and Conditions

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1. The Agreement

a. The agreement consists of your application, the terms and conditions, the service description, our pricing tables, and those covenants agreed to in the verbal recording.

b. This agreement applies to you if you are a consumer.

c. In the event of inconsistency between the terms and conditions and any other part of the agreement, the terms and conditions prevail. Please note that section 11 regarding liability prevails over this section.

d. The commencement date for the agreement is the date in which your application is accepted.

e. The commencement date under which you are provided with service under the agreement is the connection date.

f. Under the agreement we will provide service to you for a period in accordance with the agreement:

i. for the minimum term;

ii. until the service is cancelled in accordance with section 9; or

iii. until the minimum term has expired and neither party has cancelled the service and the service takes the form stated in clause g (see below) and cancelled under section 9.

g. If the agreement has reached the minimum term and neither party has terminated the service at the end of the minimum term then the agreement takes the form of a non-fixed agreement where Moose Mobile will continue to supply service to the customer on a month-to-month basis in accordance with the fixed-term agreement that existed previously.

h. If you do not wish to continue to use the service on a month-to-month basis after the end of the minimum term you must inform Moose Mobile in accordance with section 9 by giving us 30 days’ notice before the end of the minimum term.

i. It is your responsibility to ensure that any person you allow to use the service complies with the agreement as though they were you.

j. If you have any complaints or disputes please call customer service on (07) 3193 9400.

2. Changing the Agreement

a. Unless expressly stated in the agreement, you cannot make any changes to the agreement without our express consent.

b. We may change the agreement by complying with the Telecommunications Legislation and in those circumstances set out in the agreement only. Moose Mobile reserves the right to change your plan if Moose Mobile deems it will be beneficial to you.

3. Application for Service

a. The service you have selected is detailed in the information sent with delivery forming the service description as applicable to your selection.

b. Moose Mobile reserves the right to refuse service to any applicants if they:

i. do not provide sufficient proof of identification;

ii. do not meet the eligibility requirements for the service; or

iii. do not have an appropriate credit rating.

4. Personal Information

a. By using our website, or by providing us with your personal information, you consent to the collection and use of your personal information. We may also disclose your personal information under certain circumstances.

b. Certain personal information of yours is required for us to supply services and benefits to you. This may include your name, date of birth, email address, telephone number and residential address.

c. Under certain circumstances we are permitted or required by law to collect, use, and disclose your personal information to or from organisations such as the Integrated Public Number Database, emergency services, and law enforcement agencies.

d. We may also collect, use, and disclose your personal information to and from commercial associates, credit reporting agencies or credit providers.

e. Subject to applicable law, you may access your personal information we have collected by contacting us and requesting to do so.

f. You may opt out of receiving communications that are not related to your account or that are legally required by contacting customer service.

g. For further information regarding the collecting, use, disclosure, security, access, and correction of your personal information please refer to our Privacy Policy which is available at www.moosemobile.com.au/privacy-policy/ or by contacting customer service on (07) 3193 9400.

5. The Service

5.1 Connecting the Service

It is your obligation as a customer of Moose Mobile to take reasonable steps to co-operate with us to allow us to establish and supply the service to you safely and sufficiently.

5.2 Quality of Service

We will provide the service to you with due care and skill. If there are any unexpected faults we will take all reasonable steps to ensure the service is returned to you as soon as practicably possible.

5.3 Call Barring

Call barring is not a guaranteed service. This is a service that may be put in place at the discretion of Moose Mobile if it believes it should be applied or if a request with 15 days’ notice has been received by you. If your service exceeds the bar you will be liable for all costs involved in the usage of your service.

5.4 Reporting Service

If your service suddenly becomes unavailable this may be a result of many possible causes. Please contact customer service for assistance if this occurs.

6. The Phone & Equipment

a. The phone and related accessories are purchased by you from Moose Mobile subject to the agreement.

b. You are responsible for any lost, stolen, or damaged equipment unless Moose Mobile personnel caused the loss, theft, or damage of the equipment.

c. You are responsible for any outstanding payment you owe on equipment you have purchased from Moose Mobile. This includes equipment that is lost, stolen, or damaged unless Moose Mobile personnel caused the loss, theft, or damage of the equipment.

d. Moose Mobile provides a 12-month warranty on the phones it provides with its service. If the phone experiences warranty faults you must send it back to Moose Mobile at your own expense and we will undertake the repair process. Moose Mobile provides no guarantee that the fault you experience will be covered by the phone manufacturer in their warranty. Any repair process is subject to their discretion. Please be aware that the warranty does not cover cases of physical or liquid damage.

e. If your SIM is lost or stolen you will incur a $25.00 replacement charge.

7. Billing

The Moose Mobile billing cycle is either a calendar month cycle or an anniversary cycle.

7.1 Calendar Billing

A calendar month billing cycle begins on the first day of every calendar month and ends on the last day of that same calendar month.

7.2 Anniversary Billing

With anniversary billing your bill will be issued on the monthly anniversary of your billing cycle. Your billing cycle commences on the date of your first service being connected, and refreshes on the same date (e.g. 3rd, 12th, 26th) of the following month.

7.3 Paying Your Bill

a. You must pay your bill via one of the methods prescribed by the bill.

b. You must pay the entire amount of your bill by the due date specified in the bill or as otherwise authorised by us.

c. If you do not pay your bill in its entirety by the due date, Moose Mobile may:

i. charge you a $15.00 late payment fee;

ii. suspend your service as per section 10;

iii. cancel your service as per section 9;

iv. institute legal proceedings against you to recover the money you owe to us and, in this event, we may seek to recover reasonable costs for undertaking legal proceedings;

v. engage a mercantile agent to recover any money you owe to us; or

vi. apply to your name a credit default (see section 7.4d).

7.4 Other Billing Information

a. Moose Mobile may use a billing agent at its discretion to bill your service.

b. Your bill will contain information about your account and a service summary. This will be sent either via paper bill or by e-mail. A $2.50 paper bill charge applies if you elect to have your bill sent via the postal service.

c. If, for any reason, you overpay your bill then your account will be credited and the excess amount adjusted against the next month’s debit amount.

d. Moose Mobile reserves the right to lodge a credit default with a credit reporting agency on any of its customers. This action will be taken 60 days after Moose Mobile receives notice of the account not being paid in accordance with The Privacy Act 1988.

8. Fees and Charges

a. Any applicable fees and charges will be placed onto your account and are to be paid per the billing cycle (see sections 7.1 and 7.2) per month.

b. Opting to receive a paper bill (as outlined in section 7.4.b) will incur a charge of $2.50 per bill.

c. Payment of your bill via Australia Post will incur a $2.50 charge per transaction.

d. Payment of your bill via Bpay will incur a $1.00 charge per transaction.

e. Failing to pay your bill on time as outlined in section 7.3 will incur a $15.00 fee (see section 7.3.c.i).

f. As per section 6e, a SIM card replacement fee of $25.00 will be incurred for a replacement SIM in the event of theft or loss of your first SIM card provided by us.

g. Exceeding the two free plan changes per year will incur a $20.00 charge per plan change (see section 11e).

9. Cancelling the Service

9.1 Cancellation Costs

If you cancel the agreement before the minimum term you are liable to pay the minimum monthly access fee for your remaining months, any fees or charges attached to your account, and any other fees or charges you have incurred by using the service.

9.2 Other Information Regarding Cancelling Your Service

a. You may cancel the service at any time by:

i. Giving us 30 days’ notice. Please note that you are required to give us 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 we will continue to supply the service to you (see section 1).

ii. Giving us notice, if:

a. we breach a material term of 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 a result of circumstances reasonably attributable to you or equipment that we are not responsible for, which includes equipment that is owned by you that was not provided by us for you to use in connection with the service;

b. 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

c. any intervening event prevents the supply of the service in accordance with the agreement for more than 14 days.

b. You can cancel your service by calling customer service. This will constitute a notice to cancel the service. You may also cancel the service by electing to transfer your number to another service provider, thus automatically terminating your service and incurring the cancellation cost.

10. Suspending the Service

a. Moose Mobile reserves the right to suspend the service at any time in the event of:

i. an emergency;

ii. repairs being conducted on the network;

iii. planned outages;

iv. system upgrades or repairs;

v. suspicion of fraud by a contracting party; or

vi. non-payment of a bill, where we reasonably consider you to be a credit risk.

b. Moose Mobile will take all reasonable steps to notify you of a suspension before it is undertaken. However, in some circumstances this will not be possible.

11. Changing the Service

a. You may request to change the plan your service operates on at any time by contacting customer service. Certain conditions apply (see rest of section 11).

b. You are unable to change a phone plan to a data only plan and vice versa.

c. Plan changes only take place at the start of the next month in the service’s billing cycle, regardless of when the plan change was requested.

d. You are entitled to two free plan changes per service per billing year, where a billing year is the 12-month period directly following the start of your billing cycle.

e. If you request a plan change after exceeding the two free plan changes per billing year you will incur a fee of $20.00 per plan change.

12. Liability

12.1 Your Liability

You are liable to us for any breach, essential or non-essential, of the agreement that causes foreseeable substantial loss to us. You are not liable to us for any consequential loss we sustain or for any costs, expenses, losses, or charges that we incur which is not a direct result of an action you have taken.

12.2 Our Liability

Moose Mobile has rights and obligations to its customers under the laws of the Commonwealth of Australia that bind us, including Telecommunications Legislation, the Fair Trading Act 1989, and other applicable laws, regulations, and codes. We are liable for any damage to your property, substantial interruptions to the use of your service, or personal injury caused by our staff due to their negligence or fraud. We are not liable for any consequential losses you suffer or for any costs, expenses, losses, or charges that you incur. None of the covenants in this agreement can affect the rights and obligations we owe under the law.

13. International Roaming

a. If you are travelling overseas and would like to use your service you will need to set up the international roaming service. Please call us on (07) 3193 9400 or see our Roaming Rates on our website at www.moosemobile.com.au/roaming-rates for more information.

b. We will require the following from you in order to establish the international roaming rates service:

i. One month’s notice.

ii. A $150 international roaming bond. This bond will have to remain in place for a minimum of three months after the international roaming service has been used. This is because billing data can take up to three months to be received from overseas providers.

iii. A direct debit via a credit/debit card.

c. Please note, charges are incurred for calls made AND received whilst roaming (i.e. whilst overseas). International roaming calls are not subject to GST. International roaming calls are determined by overseas carriers in the country you are in, plus the standard Network & Service Provider surcharges.

14. Fair Use Policy

The Moose Mobile Fair Use Policy applies to your use of the service. Please refer to www.moosemobile.com.au/fair-use-policy for more information. You can also request a copy of the Fair Use Policy by calling customer service on (07) 3193 9400 or by emailing us at admin@moosemobile.com.au. Please note, our standard operating times are Monday – Friday 9 AM – 8 PM, Saturday 10 AM – 6 PM AEST.