1. ABOUT THIS POLICY
2. GENERAL
3. FREE TIME OR FLAT CHARGE ON CALLS - EXCESSIVE USE
4. FREE TIME OR FLAT CHARGE ON CALLS - UNREASONABLE USE
5. SMS, OPTUS MMS, OPTUS ZOO AND WIRELESS INTERNET -
EXCESSIVE AND UNREASONABLE USE
6. OPTUS PUSH TO TALK - EXCESSIVE USE
7. OPTUS WEB SMS, OPTUS WEB MMS, OPTUS SMS BROADCAST, OPTUS
ZOO (VIA WAP CSD, WAP GPRS OR 3G), WIRELESS INTERNET,
BLACKBERRY FROM OPTUS OR MOBILEMAIL - ACCEPTABLE USE
8. OPTUS MOBILE IM - EXCESSIVE USE
9. FINDA SERVICES / FRIEND FINDA SERVICE - EXCESSIVE USE
10. VIDEO CALLING – EXCESSIVE USE
11. MOBILEMAIL – EXCESSIVE USE
12. UNLIMITED VOICEMAIL – UNREASONABLE USE
13. MYSPACE MOBILE – EXCESSIVE USE
14. OPTUS YOUTUBE MOBILE - EXCESSIVE USE
15. ‘YES’ CAP PLANS AND ‘YES’ TIMELESS PLANS - UNREASONABLE
USE
16. BUSINESS CAP PLANS AND TIMELESS BUSINESS PLANS -
UNREASONABLE USE
17. OPTUS MESSAGING VALUE PACKS – UNREASONABLE USE
18. OPTUS DATA BLASTER AND BOOST WEB RIDER PRE-PAID PLANS -
UNREASONABLE USE.
18.1. This policy applies to the Optus Data Blaster and Boost Web Rider plans.
Without limiting our rights under the agreement, where we consider your use of the
following offers is unreasonable or your use of the following offers does not
comply with the terms of the offer then we may immediately without notice to you
suspend your access to these offers:
18.2. Unlimited standard SMS and MMS to other Optus or Boost Pre-Paid mobiles
within Australia (“Text Offer”); and
18.3. We may then charge you our standard rates for those services (as set out in the
standard pricing table for the relevant service)
18.4. In this section, “Unreasonable use” means, in respect of:
19. OPTUS ‘YES’ FUSION PLUS OFFER – UNLIMITED CALLS
UNREASONABLE USE
19.2In addition, and without limiting our rights under the agreement, where we
consider your use of the Unlimited Call Promotions is unreasonable or your use
does not comply with the terms of the Promotions, then we may suspend your
access to that or any other promotion immediately without notice to you.
19.3We may then charge you our standard rates for those calls (as set out in the
standard pricing table for the relevant service)
19.4Without limiting the meaning of 'unreasonable use', in respect of:
1 ABOUT THIS POLICY
(a) This is the Optus Mobile Fair Go™ Policy. It only applies to the
Optus Digital Mobile Service and the Optus Pre-Paid Mobile
Service. So in this Policy, ‘service’ or ‘services’ means the Optus
Digital Mobile Service and the Optus Pre-Paid Mobile Service as
applicable to you, the individual user.
(b) The meaning of the words printed like this is set out at the end of the
service description for the relevant service or in the consumer terms
or SMB terms (as applicable to you).
2 GENERAL
(a) This policy aims to ensure we are able to provide quality mobile
services to all of our customers, and no customers are disadvantaged
by the behaviour of others.
(b) This policy applies where:
(i) there is a:
(A) level of free time on calls, or
(B) flat charge for part or all of a call, whether in
connection with a specific promotion or pricing
plan, or a generally available pricing plan.
This includes, without limitation, MyTime (Optus Digital
Mobile Service), Free 5 min calls on account (Optus Digital
Mobile Service) ‘yes’ Free Text, 'yes' Time, 30for10, 'yes'
Talk, 'yes' Text, 'yes' Text & Talk, 'yes' Business Fleet
Special Promotion (Optus Digital Mobile Service), 'yes'
Business Fleet - Day Promotion, Free Call, Free Calls& Text, Flat Call and Text&Talk Specials (Optus Pre-Paid
Mobile Service) (see clauses 3 and 4 below),
(ii) you may send or receive text or multimedia messages, for
example, without limitation, SMS, Optus MMS, My
Updates (SMS), SMS Broadcast and EmailSMS (see clause
5 below),
(iii) you may connect to and use information services on Optus
Zoo (via WAP CSD, WAP GPRS or 3G) (see clause 5
below),
(iv) you may connect to the Internet using Wireless Internet
(see clause 5 below),
(v) you use voice calling on the Optus Push to Talk value
added service feature (see clause 6 below),
(vi) you use Optus Web SMS, Optus Web MMS, Optus SMS
Broadcast, Optus Zoo (via WAP CSD, WAP GPRS or 3G),
Wireless Internet or BlackBerry from Optus (see clause 7
below);
(vii) you use the Optus Mobile IM value added service feature
(see clause 8 below);
(viii) you use the FindA Services under the Optus Zoo value
added service feature (see clause 9 below);
(ix) you use the Video Calling value added service feature (see
clause 10 below);
(x) you use the MobileMail value added service feature (see
clauses 7 and 11 below); or
(xi) you use the Optus Voicemail value added service feature
and you are a small or medium business customer
connected to a plan with an ‘Unlimited Voicemail’ offer
(see clause 12 below).
(xii) you use the MySpace Mobile value added service feature
(see clause 13 below); or
(xiii) you use the YouTube Mobile value added service feature
(see clause 14 below)
3 FREE TIME OR FLAT CHARGE ON CALLS - EXCESSIVE USE
(a) If you are an excessive user of free time or flat charge call offers we
may ask you to reduce your use of these calls (outgoing or
incoming). If usage continues at an excessive level following this
request and you are an:
(i) Optus Digital Mobile Service customer, we may refuse you
access to these offers. You will then be charged our
standard rates for calls, and
(ii) Optus Pre-Paid Mobile Service customer, the service may
be cancelled, or we may suspend your access to a free time
offer or more you to a different call rate plan, at our
discretion.
(b) We consider 'excessive' use to be usage of more than 2,000 minutes
free per month per service, except in the following circumstances:
(i) for the ‘Free Calls and Text Anytime’ special promotion,‘excessive’ use is more than 1,000 minutes per service,
(ii) for the ‘New Free Calls Anytime’ special promotion,‘excessive’ use is more than 2,000 minutes free per month
per service,
(iii) for the 'Free 10 Minute Calls and Free Text' special
promotion, 'excessive' use is more than 1,000 minutes free
per month per service,
(iv) for the 'yes' Business Fleet Special Promotion, 'yes'
Business Fleet - Day Promotion and the M8 Daylight Saver
Voicemail Promotion, 'excessive' use is more than 1,000
minutes free per month per service,
(v) for 'yes' international calls, 'excessive' use is more than 300
minutes per month per service.
(vi) for international calls made from ‘yes’ Business Smart and‘yes’ Business Smart 6+ services, ‘excessive’ use is more
than 300 minutes per month per service,
(vii) for ‘SmartFleet’ calls, ‘excessive’ use is more than 1,000
minutes per month per service,
(viii) for ‘Back2Business’, ‘excessive’ use is more than 1,000
minutes per month per service,
(ix) for BusinessTime, ‘excessive’ user is more than 1,000
minutes per month per service,
(x) for the ‘MyTime’ special promotion for Optus Mobile
Digital Service customers, ‘excessive’ use is more than
1,000 minutes per month per service,
(xi) for the ‘Free 5 min calls on account’ special promotion for
Optus Mobile Digital Service customers, ‘excessive’ use is
more than 1,000 minutes per month per service, and
(xii) for the ‘Free 10 minute Fleet Calls’ special promotion,
‘excessive’ use is more than 1,000 minutes per month per
service.
(c) The excessive use provisions of this clause 3 do not apply to
(i) consumer ‘yes’ Timeless Plan customers who make calls
that qualify as a standard local call or a standard national
call or a call to an Australian GSM mobile under that offer;
or
(ii) small or medium business ‘yes’ Timeless Plan customers
who make calls that qualify as a standard local call or a
standard national call or a call to an Australian GSM
mobile under that offer.
4 FREE TIME OR FLAT CHARGE ON CALLS - UNREASONABLE USE
(a) In addition, and without limiting our rights under the consumer
terms, the SMB terms, the general terms, or the relevant service
description, where we consider your use of a free time or flat charge
offer is unreasonable, then we may:
(i) suspend your access to that or any other free time or flat
charge offer, or
(ii) suspend or cancel the service or your access to a value
added service feature,
in each case immediately and without notice to you.
Please note that our right to suspend or cancel the service without
notice to you under this clause overrides any requirement we may
have to give you notice in other parts of the agreement, for
example under clauses 11.3(b) and 12.1(b) of the consumer terms
or SMB terms (as applicable to you).
(b) Without limiting the meaning of 'unreasonable', we supply the
service and each of the value added services for the purpose of you:
(i) making calls from the receiving calls to your mobile phone,
and
(ii) sending content from and receiving content to your mobile
phone
on our network for your own personal or business use.
(c) We consider your use of the service or a value added service feature,
to be unreasonable if you:
(i) make or receive calls or send or receive content on our
network other than for your own personal or business use,
as described in paragraph (b) above,
(ii) wholesale any service (including transit, refile or aggregate
domestic or international traffic) on our network, or
(iii) use the service (including any Optus SIM card) in
connection with a device that switches ore reroutes calls to
or from our network or the network of any supplier,
without obtaining our written consent first. We may give or
withhold our consent, or make our consent subject to conditions, in
our discretion.
(d) We also consider your use of the service or a value added service
feature to be unreasonable if you set up switch devices which
overcome the time cap on free or flat call rates, thus keeping a line
open potentially for hours and limiting the ability for other
customers to access our network.
5 SMS, OPTUS MMS, OPTUS ZOO AND WIRELESS INTERNET -EXCESSIVE AND UNREASONABLE USE
(a) As set out above, this policy applies to:
(i) the sending and receiving of SMS text messages by Optus
Digital Mobile Service customers and Optus Pre-Paid
Mobile Service customers,
(ii) the sending and receiving of MMS multimedia messages by
Optus Digital Mobile Service customers, and
(iii) the use of Optus Zoo and Wireless Internet.
(b) To ensure the availability of these value added service features to all
eligible customers, if you are an excessive user of these value added
service features we may request you reduce your use (outgoing or
incoming messages, or uploading or downloading of data, as the
case may be) of these value added service features. If usage
continues at an excessive level, we may suspend your access to
these value added service features.
(c) Further, for any specials relating to these value added service
features, if you are an excessive user of these value added service
features under the special we may request you to reduce your use
(outgoing or incoming messages, or uploading or downloading of
data, as the case may be) of these value added service features. For
the period of the special, if usage continues at an excessive level, we
may bill you the standard rates for all messages or usage above the
number or amount we consider as excessive usage.
(d) We consider 'excessive' use of:
(i) SMS to be usage of more than 500 SMS text message sent
per month per service, except in the following
circumstances:
(A) for the ‘Free Calls and Text Anytime’ special
promotion, ‘excessive’ use is more than 1000 SMS
text messages sent per month per service;
(B) for the ‘Boost Supercharge’ special promotion,‘excessive’ use is more than 1000 SMS text
messages sent per month per service;
(C) for the 'Free 10 Minute Calls and Free Text'
special promotion, 'excessive' use is more than 300
SMS text messages sent per month per service;
and
(D) for ‘SmartFleet’ SMS / MMS, ‘excessive’ use is
more than 1,000 SMS / MMS per month per
service.
(ii) Optus MMS to be usage of more than 500 Optus MMS
messages sent per month per service,
(iii) Optus MMS Video to be usage of more than 300 Optus
MMS Video messages requested per month per service,
(iv) Optus Zoo via WAP CSD to be usage of more than 20
hours per month per service,
(v) Optus Zoo via WAP GPRS to be usage of more than 5
megabytes downloaded per month per service,
(vi) OptusZoo via WAP GPRS balance of more than 2
gigabytes per recharge per Pre-Paid Mobile Service
(vii) Optus Zoo via 3G to be usage of more than 5 megabytes
downloaded per month, and
(viii) Optus Zoo, for the Optus Live TV Service, to be usage of
more than 10 megabytes downloaded per month per
service.
(ix) Optus Zoo, for the PhoneBook Backup service, to be more
than 5 backups per day per service
(e) The excessive use provisions of this clause 5 do not apply to:
(i) consumer or small or medium business ‘yes’ Timeless Plan
or ‘yes’ Cap Plan customers who send SMS that qualify as
a standard SMS to any Australian GSM mobile under that
offer; or
(ii) consumer or small or medium business ‘yes’ Timeless Plan
customers who send MMS that qualify as a standard MMS
to any Australian GSM mobile under that offer.
(f) Additionally, we may suspend your access to these value added
service features without notice where we deem your use to be
unreasonable. Without limiting the meaning of 'unreasonable', we
supply the service and each of the value added services for the
purpose of you:
(i) making calls from the receiving calls to your mobile phone,
and
(ii) sending content from and receiving content to your mobile
phone
on our network for your own personal or business use.
Please note that our right to suspend your access to these value
added service features without notice under this clause overrides
any requirement we may have to give you notice in other parts of
the agreement, for example under clause 12.1(b) of the consumer
terms or SMB terms (as applicable to you).
(g) We consider your use of the service or a value added service feature,
to be unreasonable if you:
(i) make or receive calls or send or receive content on our
network other than for your own personal or business use,
as described in paragraph (b) above,
(ii) wholesale any service (including transit, refile or aggregate
domestic or international traffic) on our network, or
(iii) use the service (including any Optus SIM card) in
connection with a device that switches or reroutes calls to
or from our network or the network of any supplier,
without obtaining our written consent first. We may give or
withhold our consent, or make our consent subject to conditions, in
our discretion.
(h) We also consider your use of the service or a value added service
feature to be unreasonable if you set up switch devices which
overcome the time cap on free or flat call rates, thus keeping a line
open potentially for hours and limiting the ability for other
customers to access our network.
(i) Where we deem your use unreasonable, we may bill you at the
standard rates for all messages above the number defined as
excessive usage.
6 OPTUS PUSH TO TALK - EXCESSIVE USE
(a) As set out above, this policy applies to all Optus Push to Talk usage.
To ensure the availability of our services to all eligible customers, if
you are an excessive user of Optus Push to Talk we may request that
you reduce your use of these calls (outgoing or incoming). If
excessive use of Optus Push to Talk continues following this
request, we may charge any excess usage at your peak digital mobile
voice calling rate.
(b) We consider 'excessive' use of Optus Push to Talk to be more than
150 minutes of use per month per service on the daily fee.
(c) We consider 'excessive' use of Optus Push to Talk to be more than
200 minutes of use per month per service on the monthly rate for
Optus Push to Talk Service.
(d) The excessive use provisions of this clause 6 do not apply to
(i) consumer or small or medium business ‘yes’ Timeless Plan
customers who use Optus Push to Talk that qualify under
that offer; or
(ii) small or medium business ‘yes’ Timeless Plan customers
who use Optus Push to Talk that qualify under that offer.
7 OPTUS WEB SMS, OPTUS WEB MMS, OPTUS SMS BROADCAST, OPTUS ZOO (VIA WAP CSD, WAP GPRS OR 3G), WIRELESS INTERNET, BLACKBERRY FROM OPTUS OR MOBILEMAIL - ACCEPTABLE USE
(a) If you use Optus Web SMS, Optus Web MMS, Optus SMS
Broadcast, Optus Zoo (via WAP CSD, WAP GPRS or 3G),
Wireless Internet, BlackBerry from Optus or any of MobileMail,
MobileMail Corporate or MobileMail Business value added
services, you must comply with this policy, which is designed to
ensure your use of the service does not break any laws or interfere
with the right of our other customers to use the service. If you fail
to comply, we may suspend or cancel your use of the service or
value added service feature.
(b) To the extent that your use of the service provides you with access
to the Internet, you must be over the age of 18 years of age, or if you
are not over 18 years of age, you must obtain the consent of a
parent, teacher or other responsible adult prior to accessing the
service.
(c) You must not use the service in a manner which interferes with the
rights of other users. For example, you must not:
(i) provide false user information to us or other users,
(ii) send large amounts of unsolicited or unwanted emails or
message to individuals or individual business accounts, or
(iii) gain access to a person's private information (or attempt to
do so).
(d) In using the service, you must not break any laws or infringe the
rights of other persons. For example, you must not:
(i) distribute or make available indecent, obscene, offensive,
pornographic, illegal or confidential material,
(ii) defame, harass or abuse anyone or violate their privacy,
(iii) contravene any applicable laws,
(iv) distribute or make available material that is misleading or
deceptive as to your identity,
(v) infringe any person's intellectual property rights,
(vi) monitor data or traffic on any network or system if you do
not have the authorisation of the owner of the network or
system to do so, or
(vii) interfere or disrupt the service, any computer system access
through it or any other person's use of it.
(e) You must comply with any rules imposed by any third party whose
content or service you access using the service.
(f) You may only use any content accessible through the service for
personal and non-commercial purposes. You may not otherwise
copy, publish, re-publish, re-distribute, re-communicate or
otherwise commercially exploit such content in any form or by any
method whatsoever. For the avoidance of doubt, this prohibition
includes framing, linking, posting in news groups and any other
form of copying by persons other than as approved by the content
provider.
(g) To detect and deal with breaches of this policy and to ensure
compliance with any relevant industry code of practice, notification
or direction by any relevant regulatory authority, we:
(i) will co-operate with other carriage service providers to
control unacceptable user behaviour,
(ii) may give your details to the police and to other law
enforcement agencies if you are suspected of breaking any
laws in connection with the use of the service,
(iii) may implement technical mechanisms to prevent behaviour
which breaches this policy (for example, which block
multiple postings before they are forwarded to their
intended recipients),
(iv) may exercise any rights we have under the consumer terms,
the SMB terms, the general terms, or relevant service
description, including suspending or cancelling use of the
service,
(v) may remove any content from our servers,
(vi) may filter the content made available to you via the service
or restrict your access to a particular site,
(vii) may take any other action we deem appropriate, including
taking action against offenders to recover costs and
expenses of identifying them.
8 OPTUS MOBILE IM - EXCESSIVE USE
(a) As set out above, this policy applies to all Optus Mobile IM usage.
To ensure the availability of our services to all eligible customers, if
you are an excessive user of Optus Mobile IM we may request that
you reduce your use of these messages (outgoing or incoming). If
excessive use of Optus Mobile IM continues following this request,
we may charge any excess usage at your peak digital mobile rate
(GSM or 3G).
(b) We consider 'excessive' use of Optus Mobile IM to be more than
1Mb of data usage per day when you pay us a daily rate.
(c) We consider 'excessive' use of Optus Mobile IM to be more than
10Mb of data usage per month when you pay us a monthly rate for
Mobile IM Services.
9 FINDA SERVICES / FRIEND FINDA SERVICE - EXCESSIVE USE
(a) As set out above, this policy applies to all FindA Service usage and
to Friend FindA Service usage. To ensure the availability of our
services to all eligible customers, if you are an excessive user of the
FindA Services or Friend FindA Service, we may request that you
reduce your use of these services. If excessive use of FindA
Services or Friend FindA Service continues following this request,
we may suspend your access to this value added service feature.
(b) We consider 'excessive' use of FindA Services to be more than 300
maps downloaded per month when you pay us a monthly rate for
FindA Services.
(c) We consider 'excessive' use of Friend FindA Services to be if you
make more than 60 successful location requests per month when
you pay us a monthly rate for Friend FindA Services.
(d) We consider ‘excessive’ use of FindA Services (when these services
are free pursuant to a special promotion) to be if you use the FindA
Services more than 50 times.
10 VIDEO CALLING – EXCESSIVE USE
(a) As set out above, this policy applies to all Video Calling usage. To
ensure the availability of our services to all eligible customers, if
you are an excessive user of the Video Calling we may request that
you reduce your use of this value added service feature. If
excessive use of Video Calling continues following this request, we
may suspend your access to this value added service feature.
(b) We consider 'excessive' use of Video Calling to be more than 500
video calls per month.
(c) The excessive use provisions of this clause 10 do not apply to
(i) consumer ‘yes’ Timeless Plan customers who make video
calls that qualify as a standard national video call under that
offer; or
(ii) small or medium business ‘yes’ Timeless Plan customers
who make video calls that qualify as a standard national
video call under that offer.
11 MOBILEMAIL – EXCESSIVE USE
(a) This policy applies to use of the MobileMail value added service.
To ensure the availability of our services to all eligible customers, if
you are an excessive user of MobileMail, we may request that you
reduce your use of the service. If excessive use of MobileMail
continues following this request, we may suspend your access to the
value added service feature.
(b) We consider ‘excessive’ use of MobileMail to be more than 5MB
downloaded per month when you pay us a monthly rate for
MobileMail.
12 UNLIMITED VOICEMAIL – UNREASONABLE USE
(a) As set out above, this policy applies to use of the Optus Voicemail
value added service by small or medium business customers
connected to a plan offering ‘Unlimited Voicemail’ (including but
not limited to the ‘yes’ Business Smart Cap, ‘yes’ Business Smart
Cap 6+ and Total Business Cap plans).
(b) To ensure the availability of our services to all eligible customers, if
we consider your use of the Unlimited Voicemail offer is
unreasonable, then we may suspend your access to that or any other
promotion or offer immediately and without notice to you. We will
then charge you our standard rates for your use of the Optus
Voicemail value added service (as set out in the standard pricing
table for that value added service).
(c) Please note that our right to suspend or cancel the value added
service without notice to you under this clause overrides any
requirement we may have to give you notice in other parts of the
agreement, for example under clauses 11.3(b) and 12.1(b) of the
SMB terms (as applicable to you).
(d) Without limiting the meaning of 'unreasonable', we:
(i) supply the Optus Voicemail value added service to you for the
purpose of you storing or retrieving voicemail for business
purposes, but not for the purposes of re-sale, re-supply or
commercial exploitation. We consider your use of the value
added service to be unreasonable if you store or retrieve
voicemail on our network for the purpose of re-sale, re-supply
or commercial exploitation, without obtaining our written
consent first. We may give or withhold our consent, or make
our consent subject to conditions, in our discretion.
(ii) also consider your use of the value added service to be
unreasonable if:
(A) your usage of the value added service affects other
customers’ access to the network; or
(B) you set up switch devices which have the effect of
potentially keeping a line open for hours and limiting
the ability for other customers to access the network.
13 MYSPACE MOBILE – EXCESSIVE USE
a) If you use MySpace Mobile, you must comply with this policy,
which is designed to ensure your use of the service does not break
any laws or interfere with the right of our other customers to use the
service. If you fail to comply, we may suspend or cancel your use of
the service or value added service feature.
b) You must not use the service in a manner which interferes with
the rights of other users. For example, you must not:
(i) provide false user information to us or other users,
(ii) send large amounts of unsolicited or unwanted messages to
individuals or individual business accounts, or
c) In using the service, you must not break any laws or infringe
the rights of other persons. For example, you must not:
(i) distribute or make available indecent, obscene, offensive,
pornographic, illegal or confidential material,
(ii) defame, harass or abuse anyone or violate their privacy,
(iii) contravene any applicable laws,
(iv) distribute or make available material that is misleading or
deceptive as to your identity,
(v) infringe any person's intellectual property rights,
(vi) monitor data or traffic on any network or system if you do
not have the authorisation of the owner of the network or
system to do so, or
(vii) interfere or disrupt the service, any computer system access
through it or any other person's use of it.
d) You must comply with any rules imposed by any third party
whose content or service you access using the service.
e) You may only use any content accessible through the service
for personal and non-commercial purposes. You may not otherwise
copy, publish, re-publish, re-distribute, re-communicate or
otherwise commercially exploit such content in any form or by any
method whatsoever. For the avoidance of doubt, this prohibition
includes framing, linking, posting in news groups and any other
form of copying by persons other than as approved by the content
provider.
f) To detect and deal with breaches of this policy and to ensure
compliance with any relevant industry code of practice, notification
or direction by any relevant regulatory authority, we:
(i) will co-operate with other carriage service providers to
control unacceptable user behaviour,
(ii) may give your details to the police and to other law
enforcement agencies if you are suspected of breaking
any laws in connection with the use of the service,
(iii) may implement technical mechanisms to prevent
behaviour which breaches this policy (for example,
which block multiple postings before they are forwarded
to their intended recipients),
(iv) may exercise any rights we have under the consumer
terms, the SMB terms, the general terms, or relevant
service description, including suspending or cancelling
use of the service,
(v) may remove any content from our servers,
(vi) may filter the content made available to you via the
service or restrict your access to a particular site,
(vii) may take any other action we deem appropriate, including
taking action against offenders to recover costs and
expenses of identifying them.
EXCESSIVE USE
To ensure the availability of our services to all eligible customers, if you are
an excessive user of the MySpace Mobile service, data accessed within and
from the MySpace Mobile service, we may ask you to reduce your usage of
the service. If usage continues at an excessive level, we may refuse you
access to this service and/or change correspondingly as a result thereof.
UNREASONABLE USE
In addition, and without limiting our rights under the agreement, where we
consider your use of the MySpace Mobile service, data accessed within and
from the MySpace Mobile service, is unreasonable, then we may suspend
your access to the MySpace Mobile service immediately and without notice
to you. We will then charge you correspondingly as a result thereof.
Please note that our right to suspend or cancel the service without notice
to you under this clause overrides any requirement we may have to give
you notice in other parts of the agreement, for example under clauses
11.3(b) and 12.1(b) of the consumer terms or the SMB terms (as applicable
to you).
Without limiting the meaning of 'unreasonable', in respect of:
(i) Unlimited MySpace Mobile Pack and Unlimited MySpace data and other
offers for Optus customers, we supply the service for the purpose of you to
access the service, on our network for your own personal use and not for
any commercial purpose.
We consider your use of the service to be unreasonable if you are not using
this service in accordance with the Optus Fair Go policy.
We consider your use of the service to be unreasonable if you access the
MySpace Mobile service for the purpose of re-sale, re-supply or
commercial exploitation, without obtaining our written consent first. We
may give or withhold our consent, or make our consent subject to
conditions, in our discretion.
(ii) Offers to all consumer and small or medium business customers, we also
consider your use of the service to be unreasonable if:
your usage of the service affects other customers’ access to the
network; or
you set up switch devices which overcome the subscription
and/or pricing charges, potentially keeping a session open for
hours and limiting the ability for other customers to access the
service.
14 OPTUS YOUTUBE MOBILE - EXCESSIVE USE
As set out above, this policy applies to all Optus YouTube Mobile usage.
To ensure the availability of our services to all eligible customers, if you
are an excessive user of YouTube Mobile we may request that you reduce
your use of YouTube Mobile. If excessive use of YouTube Mobile
continues following this request, we may charge any excess usage at your
peak digital mobile rate (GSM or 3G).
We consider 'excessive' use of YouTube Mobile to be more than 200Mb of
data usage per month when you pay us a monthly rate for YouTube Mobile
services.
15 ‘YES’ CAP PLANS AND ‘YES’ TIMELESS PLANS - UNREASONABLE USE
15.1 This policy applies to all ‘yes’ Cap Plans and ‘yes’ Timeless Plans.
Without limiting our rights under the agreement, where we consider your use
of the following offers is unreasonable or your use of the following offers
does not comply with the terms of the offer then we may immediately
without notice to you suspend your access to these offers:
a) Unlimited standard local and national calls within Australia on selected ‘yes’ Cap Plans and ‘yes’ Timeless Plans (“Local & National Calls” Offer); and/or
b)Unlimited standard text within Australia on selected ‘yes’ Cap Plans
and ‘yes’ Timeless Plans (“Text” Offer).
15.2 We may then charge you our standard rates for those calls (as set out in
the standard pricing table for the relevant service).
Please note that our right to suspend or cancel the service
without notice to you under this clause overrides any
requirement we may have to give you notice in other parts
of the agreement, for example under clauses 11.3(b) and
12.1(b) of the Consumer terms or the SMB terms (as
applicable to you).
Consumer Offer
15.3 In this section, “Unreasonable use” means, in respect of:
The Local & National Calls and the Text Offer for consumer customers, we
supply the service for the purpose of you making calls from your personal
mobile phone, on our network for your own personal use and not for any
commercial purpose.
commercial purpose includes the following activities:
calls made for a business operated at home;
running a telemarketing business or call centre;
SIM boxing or using other devices;
re-supplying or reselling the service; or
other similar activities.
We consider your use of the service to be unreasonable if you make or
receive calls on our network other than for your own personal use, as
described in this paragraph without obtaining our written consent first. We
may give or withhold our consent, or make our consent subject to conditions,
in our discretion.
Small and Medium Business Offer
15.4 This offer applies to Small and Medium Business customers, as defined by
Optus, who sign up for the special offer before 31 August 2008.
15.5 In this section, “Unreasonable use” means, in respect of:
(a) The Local & National Calls and the Text Offer for Small and
Medium Business customers, we supply the service for the purpose of
you making calls for business purposes, but not for the purposes of resale,
re-supply, SIM boxing or using other devices.
(b) We consider your use of the service to be unreasonable if you make or
receive calls on our network for the purpose of re-sale, re-supply or
SIM boxing or using other devices, without obtaining our written
consent first. We may give or withhold our consent, or make our
consent subject to conditions, in our discretion.
16 BUSINESS CAP PLANS AND TIMELESS BUSINESS PLANS - UNREASONABLE USE
15.1 This policy applies to all Business Cap Plans and Timeless Business
Plans. Without limiting our rights under the agreement, where we consider
your use of the following offers is unreasonable or your use of the following
offers does not comply with the terms of the offer then we may immediately
without notice to you suspend your access to these offers:
c) Unlimited standard local and national calls within Australia on selected
Business Cap Plans and Timeless Business Plans (“Local & National
Calls” Offer); and/or
d)Unlimited standard text within Australia on selected Business Cap
Plans and Timeless Plans (“Text” Offer); and/or
e) Unlimited Voicemail within Australia on selected Business Cap Plans
and Timeless Plans (“Voicemail” Offer).
15.2 We may then charge you our standard rates for those calls (as set out in
the standard pricing table for the relevant service).
Please note that our right to suspend or cancel the service
without notice to you under this clause overrides any
requirement we may have to give you notice in other parts
of the agreement, for example under clauses 11.3(b) and
12.1(b) of the Consumer terms or the SMB terms (as
applicable to you).
15.6 In this section, “Unreasonable use” means, in respect of:
(c) The Local & National Calls and the Text Offer for Small and
Medium Business customers, we supply the service for the purpose of
you making calls for business or personal purposes, but not for the
purposes of re-sale, re-supply, SIM boxing or using other devices or
any other similar activities.
(d) We consider your use of the service to be unreasonable if you make or
receive calls on our network for the purpose of re-sale, re-supply or
SIM boxing or using other devices or any other similar activities,
without obtaining our written consent first. We may give or withhold
our consent, or make our consent subject to conditions, in our
discretion.
17 OPTUS MESSAGING VALUE PACKS – UNREASONABLE USE
(a) In addition, and without limiting our rights under the agreement,
where we consider your use of the:
(i) Optus2Optus Unlimited SMS/MMS Pack; or
(ii) Optus AnyOne Unlimited SMS/MMS/IM Pack
is unreasonable or your use does not comply with the terms of the
offer, then we may suspend your access to that offer immediately
without notice to you.
(b) We may then charge you our standard rates for those services
(as set out in the standard pricing table for the relevant service).
Please note that our right to suspend or cancel the service without notice
to you under this clause overrides any requirement we may have to give
you notice in other parts of the agreement, for example under clauses
11.3(b) and 12.1(b) of the Consumer terms or the SMB terms (as
applicable to you).
(c) Without limiting the meaning of 'unreasonable', in respect of:
(i) Optus2Optus Unlimited SMS/MMS Pack and Optus AnyOne
Unlimited SMS/MMS/IM Pack, we supply the value added
service to you for the purpose of you to access the service from
your personal mobile phone, on our network for your own
personal use and not for any commercial purpose.
In this paragraph
(a), commercial purpose includes the following
activities:
sending or receiving content on our network other than for your
own personal use, or
wholesale any service (including transit, refile or aggregate
domestic or international traffic) on our network, or
re-supplying or reselling the service, or
using the service (including any Optus SIM card) in connection
with a device that switches or reroutes calls to or from our
network or the network of any supplier, or
other similar activities.
We consider your use of the service to be unreasonable if you use
the service on our network other than for your own personal use, as
described in this paragraph without obtaining our written consent
first. We may give or withhold our consent, or make our consent
subject to conditions, in our discretion.
18 OPTUS DATA BLASTER AND BOOST WEB RIDER PRE-PAID PLANS - UNREASONABLE USE
18.1 This policy applies to the Optus Data Blaster and Boost Web Rider plans.
Without limiting our rights under the agreement, where we consider your
use of the following offers is unreasonable or your use of the following
offers does not comply with the terms of the offer then we may immediately
without notice to you suspend your access to these offers:
18.2 Unlimited standard SMS and MMS to other Optus or Boost Pre-Paid
mobiles within Australia (“Text Offer”); and
(a) Unlimited minutes to other optus or boost pre-paid mobiles within
australia for the $40, $50, $70 & $100 data blaster and boost web
rider plans (“minutes offer’).
18.3 We may then charge you our standard rates for those services (as set out in
the standard pricing table for the relevant service).
Please note that our right to suspend or cancel the servie
without notice to you under this clause overrides any
requirement we may have to give you notice in other parts
of the agreement, for example under clauses 11.3(b) and
12.1(b) of the Consumer terms or the SMB terms (as
applicable to you).
18.4 In this section, “Unreasonable use” means, in respect of:
The Minutes Offer and the Text Offer, we supply the service for the purpose
of you making calls from your personal mobile phone, on our network for
your own personal use and not for any commercial purpose.
commercial purpose includes the following activities:
calls made for a business operated at home;
running a telemarketing business or call centre;
SIM boxing or using other devices;
re-supplying or reselling the service; or
other similar activities.
We consider your use of the service to be unreasonable if you make or
receive calls on our network other than for your own personal use, as
described in this paragraph without obtaining our written consent first. We
may give or withhold our consent, or make our consent subject to conditions,
in our discretion.
19 OPTUS ‘YES’ FUSION PLUS OFFER – UNLIMITED CALLS
For the purposes of the Optus ‘yes’ Fusion Plus offer for consumer
customers:
(a) A standard local call means a local call where the person making the
call is not making the call for any commercial purpose nor causing
interference with the operation of the Optus network.
(b) A standard national call means a national call where the person
making the call is not making the call for any commercial purpose nor
causing interference with the operation of the Optus network.
(c) Standard local and national calls exclude calls:
(i) to operator assistance
(ii) to directory assistance
(iii) to a telephone number that begins with a 19 prefix
(iv) that are initiated by dialling an override code, for example 1456.
UNREASONABLE USE
19.2 In addition, and without limiting our rights under the agreement, where we consider your use of the Unlimited Call Promotions is unreasonable or your use does not comply with the terms of the Promotions, then we may suspend your access to that or any other promotion immediately without notice to you.
19.3 We may then charge you our standard rates for those calls (as set out in
the standard pricing table for the relevant service).
Please note that our right to suspend or cancel the service without
notice to you under this clause overrides any requirement we may
have to give you notice in other parts of the agreement, for
example under clauses 11.3(b) and 12.1(b) of the consumer terms.
19.4 Without limiting the meaning of 'unreasonable use', in respect of:
i) Unlimited Call Promotions and other offers for consumer customers, we
supply the service for the purpose of you making calls from your
mobile phone, on our network for your own personal use and not for
any commercial purpose.
In this paragraph (a), commercial purpose includes the following
activities:
calls made for a business operated at home;
running a telemarketing business or call centre;
SIM boxing or using other devices;
re-supplying or reselling the service; or
other similar activities.
We consider your use of the service to be unreasonable if you make or
receive calls on our network other than for your own personal use, as
described in this paragraph (a) without obtaining our written consent
first. We may give or withhold our consent, or make our consent
subject to conditions, in our discretion.