MobiRoam Pty Ltd ACN 164 679 369
GENERAL TERMS AND CONDITIONS
MOBIROAM SYSTEM & SMARTBOX
1. Subject to:
(a) The use of the MobiRoam system, which MobiRoam may refuse to do in its absolute discretion; and
(b) the Customer complying with these General Terms and Conditions
MOBIROAM PTY LTD (“MobiRoam”) will:
(c) Endeavour to make its communications system (”MobiRoam System”) available for use by the Customer; and for that purpose
(d) provide the Customer with equipment enabling access to MobiRoam System (“SmartBox”).
2 In these General Terms and Conditions a reference to “MobiRoam” includes MobiRoam’s employees, contractors, agents and directors.
APPLICATION OF THESE GENERAL TERMS & CONDITIONS
3. The Customer’s access (“Access”) will commence when:
(a) MobiRoam gives the Customer notice accepting the Customer’s Order Form; and
(b) the Customer first uses the MobiRoam System
and the access will continue for as long as the Customer continues to use the MobiRoam System, unless the Access is suspended or terminated in accordance with these General Terms and Conditions.
4. The Customer:
(a) Acknowledges that:
I. These General Terms and Conditions will automatically apply to other products (if any) supplied to the Customer by MobiRoam from time to time; and that
II. the Customer has read, understood and agrees to be bound by these General Terms and Conditions.
(b) warrants that it:
I. is authorised to accept and will comply with; and
II. will meet all obligations arising under these General Terms and Conditions.
5. These General Terms and Conditions include and are subject to:
(a) MobiRoam Order Form;
(b) MobiRoam Standard Trading and Credit Terms
(c) MobiRoam Trademarks and Copyright Policy;
(d) MobiRoam Fair Use Policy;
(f) the SmartBox Installation Instructions;
(g) MobiRoam Complaints & Disputes Policy;
(h) any other policies that are issued or terms or conditions that are added or amended by MobiRoam from time to time as provided in Paragraph 36 of these Terms and Conditions.
6. The Customer has read, understood and agrees to be bound by the Terms and Conditions.
PRE-REQUISITES FOR ACCESS TO THE MOBIROAM SYSTEM
7. To access and use MobiRoam System the Customer:
(a) Must first:
I. Complete and submit a MobiRoam Order Form; and
II. comply with MobiRoam Trading & Credit Terms;
I. An operational internet port ; and
II. a current and operational mobile account with a telecommunications carrier; and
III. a SIM that will enable the Customer to make and receive telephone calls by using the Customer’s existing mobile operator’s Network (“Existing Mobile Network”);
IV. MobiRoam’s “SmartBox” which must be connected to the Customer’s Internet in accordance with the SmartBox installation instructions.
COSTS AND TARIFFS
8. Use of MobiRoam System DOES NOT incur or require:
(a) Any prepaid or fixed:
I. Fees; or
(b) fixed or minimum contract periods;
(c) access or service fees;
(d) rental or maintenance fees;
(e) break, termination or cancellation fees;
(f) minimum or threshold usage.
CUSTOMER MAY CANCEL SERVICE AT ANY TIME
9. The Customer may suspend or terminate its use of MobiRoam System at any time and without any notice to MobiRoam.
NO WARRANTIES BY MOBIROAM IN RELATION TO THE EXISTING TELEPHONE NETWORK
10. MobiRoam does not own or control the Customer’s Existing Mobile Network or internet and therefore does not warrant that:
(a) All telephone calls or Text messages made using MobiRoam System will connect successfully;
(b) there will not be any delays in accessing or using MobiRoam System; or
(c) that MobiRoam System will always be free of errors or provide uninterrupted access over the Existing Mobile Network.
MobiRoam will endeavour to correct any faults reported to it at its earliest convenience but the Customer must not hold MobiRoam responsible for any loss or damage to it caused by or arising from any delay, error, interrupted access or fault.
MODIFICATION OF TECHNICAL SPECIFICATIONS
11. MobiRoam may in its absolute discretion:
(a) Add additional features or functions to;
(b) provide programming patches and upgrades;
(c) repair, modify, discontinue, suspend or disable
(collectively “Modifications”) to The SmartBox or MobiRoam System but, if so, shall not be under any obligation to make Modifications available to the Customer.
12. MobiRoam shall not be liable for any damage caused by or resulting from any Modifications or the suspension or termination of MobiRoam System.
13. MobiRoam will endeavour to provide the Customer with prior notice of any Modifications if they are likely to have a significant detrimental effect on the use of MobiRoam System by the Customer. The Customer acknowledges that MobiRoam may not be able to provide prior notice of Modifications.
SUSPENSION OR TERMINATION OF ACCESS TO MOBIROAM SYSTEM
14. MobiRoam is entitled in its absolute discretion to suspend or terminate the Customer’s access to MobiRoam System if:
I. The Customer breaches the Terms and Conditions;
II. MobiRoam cannot (for any reason) provide access to MobiRoam System;
III. MobiRoam has any information from the Customer suggesting that the Customer may breach or not be able to observe the Terms and Conditions;
15. If access to MobiRoam System is suspended or terminated for any reason:
(a) If it is possible to do so, MobiRoam will give the Customer reasonable notice in advance and the reasons why access to MobiRoam System has been suspended or terminated. The Customer acknowledges that MobiRoam may not be able to provide prior notice;
(b) that suspension or termination will not otherwise affect the Customer’s ability to use the Existing Mobile Network.
17. MobiRoam will use its best endeavours to provide access to MobiRoam System in accordance with the Terms and Conditions and to provide the Customer with access to any other services or products that MobiRoam may supply from time to time.
18. The Customer acknowledges that whilst MobiRoam will take care to ensure that the Customer receives the best possible service, the service will not always be free from interruption. Things such as maintenance and technical interference may result in service or call quality being reduced or unavailable from time to time. The Customer must not make any claim or demand and MobiRoam will not accept any liability caused by or arising from such maintenance or interference.
19. The Customer must:
(a) Use MobiRoam System solely for lawful and legitimate purposes and in strict accordance with the Terms And Conditions;
(b) use the SmartBox only for the purpose of connecting to MobiRoam System and not otherwise;
(c) not to give, make available, sell or supply the SmartBox or MobiRoam’s services to any third party whether for reward or not;
(d) provide MobiRoam as soon as possible with any data or information necessary for MobiRoam to provide it services to the Customer;
(e) not adversely affect the functionality or performance of MobiRoam System;
(f) not (and must not try to) disassemble, reproduce, reverse engineer or tamper with the SmartBox or MobiRoam System;
(g) not misuse or abuse the SmartBox or MobiRoam System;
(h) comply with all applicable laws concerning the use of mobile networks and the use of mobile telephone systems;
(i) indemnify MobiRoam against any loss or damage it incurs relating to or arising from the Customer’s use of MobiRoam System;
(j) monitor MobiRoam website and comply with and adhere to any changes in the Terms And Conditions.
20. When using MobiRoam the Customer must ensure that it complies with all laws applicable to telephony equipment and its proper and lawful use. Failure to do so may result in the termination of the Customer’s use of the SmartBox.
21. MobiRoam will suspend the Customer’s use of the SmartBox if the Customer cannot agree to any changes in MobiRoam Terms and Conditions.
22. The Customer acknowledges that it will only use the SmartBox and MobiRoam System for lawful purposes at its own risk and expense.
COMPLAINTS & DISPUTES
23. If the Customer wishes to make a formal complaint or disputes an invoice (“Dispute”) the Customer must submit full details of the Dispute to MobiRoam.
24. All Disputes will be logged by MobiRoam as soon as they are received and, within7 days of being logged, will be given a reference number for identification. MobiRoam will investigate and endeavour to resolve Disputes within 30 days of being logged in accordance with MobiRoam Complaints & Disputes Policy. MobiRoam will notify the Customer of the outcome of its investigations as soon as practicable after they are complete.
25. If a Dispute concerns an invoice and is resolved in the Customer’s favour, MobiRoam must issue a revised invoice to the Customer. If the Customer is not satisfied with the outcome of a Dispute the Dispute may be referred to MobiRoam Customer Relations Manager, who will have MobiRoam’s authority and discretion to deal with and attempt to resolve the Dispute.
VARIATION OF TERMS AND CONDITIONS
26 MobiRoam may vary the Terms and Conditions from time to time to ensure (amongst other things) compliance with relevant laws and regulations laws. MobiRoam will supply a notice of variation and publish an updated version on MobiRoam website not less than 21 days prior to the variation taking place. Any variations take effect as and from the time and date published on MobiRoam website. A current copy of the Terms and Conditions will be available on MobiRoam website at all times.
GENERAL INDEMNITY AND RELEASE BY THE CUSTOMER
27. The Customer must indemnify MobiRoam from and against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising from:
(a) a breach of the Terms and Conditions; and
(b) the use of MobiRoam System by the Customer.
28. All implied terms, conditions, warranties, undertakings, inducements and representations, statutory or otherwise relating to the provision of goods or services by MobiRoam are excluded to the extent that they may be excluded by law.
29. The liability of MobiRoam in respect of any breach of the Terms and Conditions or for the supply of any goods or services or under any remedy implied by law (that cannot be excluded) may be limited at MobiRoam’s choice:
(a) if the breach relates to goods, to the replacement or repair of the goods;
(b) if the breach relates to services:
I. to the re-supply of those services; or
II. paying for the cost of having those services re-supplied.
30. MobiRoam does not assume and shall have no liability for any loss, damage or expense to the Customer or anyone else in relation to or arising from:
(a) The unlawful acts or default of other suppliers, unless those suppliers (including contractors) have been engaged by MobiRoam for the purpose of supplying or maintaining a service to the Customer;
(b) faults or defects caused by or arising from:
I. The Customer’s conduct or misuse;
II. telecommunication services provided to the Customer other than under the Terms and Conditions that may be due to incompatibility with MobiRoam Systemincluding consequential loss or damage however caused whether directly or indirectly that may arise in respect of the Customer’s use of MobiRoam System.
NO ASSIGNMENT BY CUSTOMER
31. The Customer’s rights arising under the Terms and Conditions are personal to the Customer and may not be assigned.
32. MobiRoam may in its absolute discretion assign this Agreement without giving any notice to the Customer.
33. Any notice to be given under the Terms and Conditions must be in writing and may be given by post, email, facsimile or hand delivery to the address, facsimile number or email address notified in writing to MobiRoam by the Customer.
34. Any notice or permanent seal affixed to or on the SmartBox must not be altered, removed, tampered with, obscured or made illegible.
35. MobiRoam System must be used solely for lawful purposes and the Customer must not:
(a) Monitor, intercept or tamper any communication that is not intended for the Customer;
(b) send unsolicited commercial communications not permitted by law;
(c) communicate or transmit material that is offensive, harmful or indecent.
36. If the SmartBox or MobiRoam System do not function as a result of a force majeure event MobiRoam shall not be:
(a) in breach of any obligations to the Customer; or
(b) liable for the consequences.
37. In the event of a force majeure MobiRoam will notify the Customer as soon as practicable of the extent and estimated duration of its inability to perform or any delay in performing its obligations using reasonable efforts.
38. “Force majeure” means any event beyond the control of MobiRoam.
39. This agreement is governed and construed according to the laws of Western Australia.
40. These Terms and Conditions may be translated into other languages. If so and if there is any inconsistency or discrepancy between the English version and any other language version, the English version shall prevail.
Changes to these General Terms & Conditions
MobiRoam may make changes to these General Terms & Conditions from time to time for any reason. If so, the changes will be published on the MobiRoam website.
Further information regarding these General Terms & Conditions may be obtained by contacting MobiRoam at:
Post: PO Box 903 MT LAWLEY 6929