Australia Post Prepaid TravelSIM®+: Terms & Conditions
1. Customer bound by Terms and Conditions
1.1 Your purchase and/or use of the Sim Card and/or Related Services are governed by these Terms and Conditions. By purchasing and/or using a Sim Card or Related Services you agree to be bound by these Terms and Conditions as between you and TravelSIM.
1.2 You agree that Australia Post has acquired the rights for you to access certain telecommunication services provided or procured by TravelSIM.
1.3 You acknowledge and agree that TravelSIM is the appointed supplier of the Sim Card, and is authorised to provide the Sim Card, the Related Services and Website to you.
1.4 These Terms and Conditions may be amended at anytime by giving notice on the proposed changes on the Website. Where such amendments are made the amended Terms and Conditions will be published on the Website.
1.5 If there is any inconsistency between these Terms and Conditions and the details of any request and/or order made by you for the purchase of a Sim Card and/or Related Services then these Terms and Conditions will prevail to the extent of such inconsistency.
2.1 In these Terms and Conditions:
(a) ‘Australia Post’ means Australian Postal Corporation ABN 28 864 970 579.
(b) ‘Australian Consumer Law’ means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended from time to time.
(c) ‘Call Credits’ means any amount paid in relation to your Sim Card to be applied to the cost of calls made or services obtained in connection with your Sim Card.
(d) ‘Related Services’ means any and all services provided to you through the Website or by Australia Post or TravelSIM+ or a third party acting on behalf of Australia Post or TravelSIM+ in connection with the purchase by you of the Sim Card including but not limited to Call Credits;
(e) ‘Sim Card’ means any sim card purchased by you from Australia Post and which is powered by TravelSIM+;
(f) ‘TravelSIM’ means TravelSIM Australia Pty Ltd ACN 122 348 234;
(g) ‘You’ means the purchaser and/or user of the Sim Card, Related Services and/or theWebsite;
(h) ‘Website’ means auspost.com.au/travelsim and/or any third party website providing the Related Services;
3. Handset requirements
3.1 Before purchasing and/or using any Sim Card you must ensure that your handset is unlocked and is network compatible for the countries in which you wish to use the Sim Card.
3.2 Neither Australia Post nor TravelSIM+ will provide a refund or replacement Sim Card if the Sim Card you are supplied with does not work because the handset you are using it with is locked or incompatible.
4. Network Availability
4.1 You acknowledge that your Sim Card is designed to enable your unlocked compatible handset to access various telecommunications networks around the world and that those telecommunications networks are provided by third parties not associated with Australia Post or TravelSIM+.
4.2 Whilst TravelSIM+ make every effort to ensure consistent and ongoing availability of all the telecommunications networks which Sim Cards are designed to connect with, TravelSIM+ does not guarantee that any telecommunications network will be available at any given time or for any given duration.
5.1 Unless otherwise stated, all prices published are inclusive of Goods & Services Tax and other taxes or charges that may be relevant.
5.2 Call rates and the amount of Call Credits which will be applied to calls made using your Sim Card frequently change. Call rates and charges which are applicable at any given time will be displayed on the Website and it is your responsibility to check any rates which are relevant for you and the use of your Sim Card.
6. Faulty goods
6.1 The Sim Card comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Sim Card repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure. Any correspondence relating to faulty Sim Card and/or the Related Services should be directed to the following:
6.2 Without limited any rights or remedies you may have under the Australia Consumer Law as set out in clause 6.1, if there is a fault with your Sim Card that is not the result of your improper use of the Sim Card or you attempting to use your Sim Card with an incompatible handset or a telecommunications network being unavailable as contemplated by clause 4:
(a) you are entitled to return your Sim Card to Australia Post and request Australia Post to provide you with a refund or replacement.
(b) if you wish to return your Sim Card you must within 14 days of receipt notify Australia Post of the fault, that you intend to return the product and whether you wish to receive a replacement or a refund;
(c) upon receiving such notice from you Australia Post will provide you with a Returns Authorisation Number which you must include with your Sim Card when you return it along with a letter setting out details of the fault and a copy of your purchase receipt;
(d) within 14 days of receiving the returned Sim Card, Australia Post shall liaise with TravelSIM+ to verify the details of the fault, if the fault is deemed valid according to TravelSIM+’s records, then Australia Post will arrange for a replacement or refund to be provided to you;
(e) you are responsible for the cost of returning your Sim Card but will not be charged for the cost of Australia Post providing you with a replacement Sim Card.
6.3 Any correspondence relating to faulty Sim Cards and/or Related Services should be directed to the following:
Attention: Australia Post Prepaid TravelSIM Returns
Address: PO Box 1451, Burleigh Heads, QLD 4220
OR Phone: 1300 881 710 OR Email: email@example.com
6.4 Any Call Credit that has been applied to your Sim Card, either at the time of purchase or any time after purchase will not be refunded unless Australia Post acting reasonably in the circumstances elects to provide you with a refund or is required to do so under the Australian Consumer Law.
7. Activation and service
7.1 Some Sim Cards require user activation and if you have a Sim Card which requires user activation such activation is your responsibility and Australia Post will not provide a refund or replacement in the event that you fail to activate your Sim Card.
7.2 If you do not use any Call Credits for a period of 180 days, they may expire and your ability to use any Related Services may be terminated and any Call Credits remaining will be forfeited.
8. Account Balance and Top-Ups
8.1 It is your responsibility to ensure your Call Credits balance is maintained at a level which enables you to access the features you require. Certain services and/or features will not be available once your Call Credit balance reaches a certain level or ceases to have credit, for example:
(a) if your Call Credit balance reaches five (5) US Dollars or less you may not be able to send text messages; and
(b) if your Call Credit balance reaches ten (10) US Dollars or less you may not be able to access data services.
8.2 You may top-up your Call Credit balance using any of the methods outlined below in this clause however Australia Post may at any time for any reason terminate a particular payment method, in which case you will be required to use an alternative method.
8.3 Except for offline Call Credit top-ups (see clause 8.7) a record of all Call Credit top-up purchases will be shown under the ‘My Orders’ section of your Website account.
8.4 Handset top-up
(a) This top-up method allows you to provide credit card details so that you can purchase Call Credits via your mobile handset at any time. The cost of any Call Credits purchased using this method will be charged to the credit card you provided.
(b) Any Call Credits purchased using this method may only be used for the Sim Card in the mobile handset used to purchase the Call Credits.
(c) Only one credit card may be registered at a time per account.
(d) For your protection there is a built in fifteen (15) minute delay between consecutive handset top-up transactions. This delay applies to all Sim Cards registered on an account, not just the Sim Card in the mobile handset used.
(e) It is your responsibility to provide correct and up to date credit card information. If your credit card details change you must update the credit card details on your account.
8.5 Online top-up
(a) You may purchase account Call Credits via the Website.
(b) If you only have one Sim Card, any Call Credits you purchase via the Website will be automatically applied to that Sim Card.
(c) If you have more than one Sim Card, you must apply any Call Credit purchased via the Website to the Sim Card which you wish to use the Call Credits on. You will be prompted to do this upon completion of the purchase, or alternatively you can do this via the ‘top-up’ section of the Website.
8.6 Telephone top-up
(a) This method allows you to call 1300 881 710 (from within Australia) or +61 2 9233 5165 (from outside Australia) to purchase Call Credits over the telephone.
(b) You will be required to provide credit card details for each transaction.
(c) Payments cannot be processed if you are not the authorised card holder of the credit card you provide at the time of purchase.
8.7 Offline top-ups
(a) Prepaid top-up credit vouchers may be purchased at participating Australia Post outlets.
(b) When you purchase a top-up credit voucher it is your responsibility to apply the credit to your Sim Card. This can be done via the Website or by calling 1300 881 710 (from within Australia) or +61 2 9233 5165 (from outside Australia).
(c) Prepaid vouchers from Australia Post are valid for ninety (90) days from the date of purchase. Refunds cannot be provided for un-applied credit after the expiration.
9. Description of Services
9.1 Whilst care is taken to ensure that descriptions of services on the Website are accurate, services are regularly changed, upgraded and on occasion removed. To the extent permitted by the law, Australia Post and TravelSIM+ do not guarantee the accuracy of such descriptions.
9.2 To the extent permitted by the law, neither Australia Post nor TravelSIM+ are liable for any loss or harm which may arise directly or indirectly from any omissions, errors or changes relating to the description of any services.
10. Release and Indemnity
10.1 To the extent permitted by the law, you agree to release and hold harmless, Australia Post and TravelSIM+ and their current and former officers, agents and employees against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your purchase and/or use of your Australia Post Prepaid TravelSIM+ Sim Card or Related Services (including but not limited to your inability to access or use the Website, your Australia Post Prepaid TravelSIM®+ Sim Card, any Related Services, any telephone top up service or any network associated with the Sim Card, Related Services or Website in any location) even if caused or contributed to by Australia Post or TravelSIM+ or either of their current or formers officers, agents or employees negligence, breach of duty or otherwise.
10.2 In the event that clause 10.1is for any reason held unenforceable or inapplicable, to the extent permitted by the law, you agree that Australia Post and TravelSIM+ aggregate liability will not exceed any sums paid by you for the purchase and/or use of Sim Card, Related Services or the Website.
11. Australian Consumer Law
11.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Australia Post or TravelSIM+ are excluded under these terms and conditions.
11.2 If a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Australia Post and TravelSIM+ to limit their liability, then Australia Post and TravelSIM+ liability shall be limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
11.3 in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
12. Reservation of rights
12.1 Australia Post and TravelSIM+ may at any time with or without prior notice:
(a) restrict, suspend, or terminate your access to or right to use all or any part of the Website or Related Services if in the reasonable opinion of Australia Post or TravelSIM+ such restriction, suspension or termination is necessary; or
(b) establish rules and policies for the use of the Sim Card, Related Services or Website with which you must comply.
13. Third Party Sites, Products and Services
13.1 The Website provides access and contains links to third party internet sites, products and services that Australia Post and/or TravelSIM+ believes may be of interest or benefit to you. Your use of any such sites, products or services is at your own risk and Australia Post and TravelSIM+ are not liable for any loss or damage, of any nature, which you may suffer as a direct or indirect consequence of such use.
14. Use of Information
14.2 With your consent, your information which you have provided to Australia Post and/or TravelSIM+ may be used by Australia Post and/or TravelSIM+ or any of its related bodies corporate for the purpose of informing you about offers and promotions which relate to Australia Post, TravelSIM+ or either of their products, services or websites.
14.3 Upon request by you and to the extent permitted or required by law, Australia Post or TravelSIM+ will provide you with access to and/or the ability to correct your personal information.
14.4 You warrant that any information which you provide is accurate and complete.
14.5 If you have provided credit card details, you warrant that you are the authorised user of that card.
15. Events beyond control
15.1 Neither Australia Post nor TravelSIM+ is responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.
16.1 The Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.
16.2 Nothing in these Terms and Conditions affects any rights you may have and which by law cannot be excluded, including under the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.
16.3 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
+ TravelSIM® is a registered trademark of Premas Solutions IP Pty Ltd and licensed exclusively to TravelSIM Australia Pty Ltd in Australia. Powered by TravelSIM(logo)
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