Standard Form of Agreement

The agreement

The agreement is made up of: your application, these consumer terms, the service description, the critical information summaries, and the appendices.

The agreement is either a fixed-length agreement or non fixed-length agreement.

When does the agreement apply?

The agreement applies if you are a consumer.

What happens if there is an inconsistency between the different parts of the agreement?

If anything in these consumer terms is inconsistent with a provision in another part of the agreement, then unless otherwise stated, the consumer terms prevail to the extent of the inconsistency.

Clause 13, "What you and we are liable for", below prevails over all other terms.

When does the agreement start?

The agreement starts when we accept your application.

When will we start providing the service to you under the agreement?

We will provide the service to you under the agreement from the service start date.

For how long will we provide the service to you in accordance with the agreement?

If the agreement is a non fixed-length agreement, we will provide the service to you in accordance with the agreement until the service is cancelled in accordance with clause 11, "Cancelling the service", below.

If the agreement is a fixed-length agreement, we will provide the service to you in accordance with the agreement: for the minimum term, or until the service is cancelled in accordance with clauses 11.1 or 11.3 below, or if neither you nor we cancel the service at the end of the minimum term (see clause 2.7 below), until the service is cancelled in accordance with clauses 11.1 to 11.3 below.

What happens at the end of the minimum term if the agreement is a fixed-length agreement?

If the agreement is a fixed-length agreement and neither you nor we cancel the service at the end of the minimum term, the agreement becomes a non-fixed length agreement and we will continue to supply the service to you on a month-to-month basis in accordance with the agreement.

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 us (in accordance with clause 11, "Cancelling the service", below) by giving us 30 days notice before the end of the minimum term that you wish to cancel the service at the end of the minimum term.

If we choose not to provide the service to you after the end of the minimum term, we will give you notice of this (in accordance with clause 11, "Cancelling the service", below) by giving you 30 days notice before the end of the minimum term.

If we wish to change the terms of the agreement, including any fees or charges, at the end of the minimum term, we will give you notice of this (in accordance with clause 2A below) before the end of the minimum term.

Responsibility for persons who you allow to use the service

You must ensure that any person you allow to use the service complies with the agreement as if they were you.

Bundled offer

You must remain connected to all services in a bundled offer to receive any applicable: bundled offer pricing plan for the selected services; or bundled offer discount for the selected services.

If you cancel a component of a service in a bundled offer then for each remaining service we may: remove any bundled offer discount being applied to your remaining service; and change your remaining service onto the closest alternative current pricing plan; or cancel your remaining service if there are technical, operational or commercial constraints on us that prevent us from continuing to supply you the remaining service.

If you cancel a service in a bundled offer during the minimum term, subject to clause 2A: we may require you to pay us the cancellation fee for that service; and you may also need to pay unpaid equipment charges (plus handset or device credits) as set out in the pricing plan.

How we communicate with you

You agree that as part of managing our relationship with you, we will need to communicate with you about or in connection with services you have acquired from us. This includes:

• notifying you of changes to your services, including notifying you of increases to your data allowances or extending the term of an existing discount;
• notifying you that your recharge is about to expire and providing you with an opportunity to recharge and continue your service;
• notifying you if a service is about to be discontinued and providing you with information about alternative services to enable you to maintain service continuity;
• notifying you that your data usage is about to be slowed and providing you with options to restore your data speeds; and
• notifying you during times of regional or national emergencies such as COVID 19 about options to contact us and measures we are taking to support you during the emergency.

2A.1 When can we make changes to fixed length or non fixed length agreements?

We can make any type of change to a fixed-length agreement or a non-fixed length agreement if: the change will benefit or will not adversely affect you; you agree to the change; or we reasonably expect the change to adversely affect you; and give you reasonable notice of the change; and, if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below.

2A.2 What must we do if we make changes to fixed length agreements?

Generally, if we make a change to a fixed length agreement which impacts you and clauses 2A.6 or 2A.7 below do not apply, we must give you notice in writing of the change on fair terms and the right to cancel the service.

2A.3 When do we consider that a change will impact you?

We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you.

2A.4 What do we mean by notice in writing?

When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement by email), by bill message or bill insert, and/or if it is reasonable to do so by making the information available on our website (www.membersmobile.com.au) and informing you (by recorded message, text message or in writing) of how to obtain information about the change.

2A.5 What do we mean by fair terms?

When we have to give you notice of a change, we will: give you 21 days notice in writing of the change before the change occurs, and offer you the right to cancel the service within 42 days from the date of our notice in writing.

What is the service?

Aspects of the service you have selected are detailed in the service description.

When may we refuse your application?

We may refuse your application if: you do not provide satisfactory proof of identification, you do not meet the eligibility criteria for the service, the service is not available at the location where you wish to acquire the service, or you do not have an appropriate credit rating.

Collection, use and disclosure

We collect personal information directly from you, and also during our ongoing relationship with you. We use it to supply products, give you the best possible service, and for the other purposes described in our privacy policy. Without it, we may not be able to supply products or provide the level of service you expect.

As explained in our privacy policy, we share personal information within Fastter Pty Ltd trading as Members Mobile and with affiliated our group of companies and with a number of other service providers and partners for these purposes, some of whom may be overseas. Their locations are listed in our privacy policy. If you would like more info about our privacy practices, how to access or correct our records, opt out of receiving marketing materials, or make a complaint, just head over to www.membersmobile.com.au/terms/privacy-policy/.

5.1 Connecting the service

You must reasonably co-operate with us to allow us, or a supplier, to establish and supply the service to you safely and efficiently. If you do not do so, we may be entitled to cancel the service under clause 1.1(a)IV or 1.1(a)V or suspend the service under clause 1.1(a)VI or 1.1(a)VII.

5.2 Quality of the service

We will provide the service to you with due care and skill. In the event of unexpected faults we will use reasonable endeavours to ensure the service (including our carriage service) is restored as soon as possible.

5.2A Blocking Calls

We may block access to a number (other than an emergency service number) if we reasonably require this to be done for technical, operational or commercial reasons.

5.3 Permitted uses of the service

When you use the service, you must comply with: all laws, all directions by a regulator, all notices issued by authorisation of or under law (for example, under the Copyright Act 1968 (Cth)), the Fair Go Policy, and reasonable directions by us.

You must not use, or attempt to use, the service: to break any law or to infringe another persons rights (including damaging any property or injuring or killing any person or infringing someones copyright), to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted, to expose us to liability, in any way which damages, interferes with or interrupts the service, the suppliers network used to supply the service, to make or receive calls or send or receive content other than for your own personal use, to wholesale any service (including transit, refile or aggregate domestic or international traffic), or including any SIM, in connection with a device that switches or reroutes calls to or from the supplier network or any other network.

5.4 Unusually high use

We may contact you if we become aware of an unusually high use of the service by you (including to verify any costs or charges which you may have incurred) however we are under no obligation to do so.

5.5 Compliance with third party rules

When you use the service it is your responsibility to comply with any rules imposed by any third party whose content or services you access using the service or whose network your data traverses.

6.1 What are your responsibilities in relation to equipment?

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, all directions by a regulator, all notices issued by authorisation of or under law (for example, under the Copyright Act 1968 (Cth)), and reasonable directions by us.

6.2 Who owns the equipment?

Our equipment or supplier owned equipment: Any equipment owned by us or our suppliers remains ours or our suppliers property or the property of our personnel. Subject to your statutory rights as a consumer, you are responsible for any of our equipment from when you receive it.

Equipment purchased by you from us: You may purchase equipment from us or any of our personnel to use in connection with the service. Subject to your statutory rights as a consumer, you will own the equipment and be responsible for the equipment from when you receive it.

7.1 Maintenance on the network used to supply the service

We may conduct maintenance on our systems and maintenance may be conducted on a suppliers network used to supply the service. We will try to conduct scheduled maintenance on our systems and on our suppliers network outside normal business hours, but we may not always be able to do so.

7.2 Reporting faults

We will provide a fault reporting service for you to report faults. Before you report a fault to us, you must take all reasonable steps to ensure that the fault is not caused by any equipment that we are not responsible for such as equipment that is owned by you or is not provided by us for you to use in connection with the service.

8.1 What are the fees and charges for using the service?

You must pay: the fees and charges for the service, which are set out in the Critical Information Summaries or in any applicable special, and any additional fees and charges noted in the agreement (including in your application) or notified by us in accordance with the agreement from time to time.

9.1 How often will we bill you?

We will bill you on a regular basis (either in advance or in arrears), unless otherwise set out in the service description.

9.2 What will appear on your bill?

We will try to include on your bill all charges for the relevant billing period. However, this is not always possible and we may include these unbilled charges in a later bill(s).

10.1 Making complaints

If you have any complaints in connection with the service, you may complain in writing (including by sending us an email to complaints@membersmobile.com.au or by calling us. We will handle your complaint in accordance with our complaints procedure. You may obtain a copy of this procedure from us or on our website: www.membersmobile.com.au/terms/complaints-policy/

11.1 Your right to cancel the service

You may cancel the service at any time by: giving us 30 days notice (please note that 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 we will continue to supply the service to you - see clause 2.7(b) above), or giving us notice in specific circumstances outlined in the agreement.

12.1 Our rights to suspend the service

We may suspend the service at any time, if: doing so is necessary to allow us or a supplier to repair, maintain or service any part of our systems or a suppliers network used to supply the service, we reasonably suspect fraud by you or any other person in connection with the service, we reasonably believe there has been an unusually high use of the service, or other conditions set out in the agreement are met.

13.1 Your liability to us

You are liable to us for any breach of the agreement by you that causes foreseeable substantial loss to us. You are not liable to us for any consequential losses we suffer or for any costs, expenses, loss or charges that we incur which are not a direct result of something you have done.

13.2 Our liability to you

We have responsibilities and obligations under the law, including under: the Telecommunications Legislation, the Competition and Consumer Act, including the Australian Consumer Law, applicable laws, regulations and codes. Nothing in the agreement removes or limits any rights that you have under existing laws or regulations.

14.1 How can we assign our rights and responsibilities to a third party

We may transfer, assign or novate some or all of our rights and responsibilities under the agreement to any person including the supplier network provider at any time.

15.1 Which laws and courts govern the agreement?

The agreement is governed by the laws of the Commonwealth of Australia and the laws New South Wales. You and we submit to the exclusive jurisdiction of the courts of the Commonwealth, and New South Wales.

15.2 Intellectual property protections

We own all material (including intellectual property rights) developed by us or our personnel, or at our or their direction.

16.1 Definitions

16.2 Interpretation

The following words have the same meaning in the agreement as they have in the Telecommunications Legislation: carriage service, carriage service provider, carrier, content service, and facility.

A term which is defined in any part of the agreement has the same meaning in every other part of the agreement. The singular includes the plural and vice versa.

A reference to A$, , dollar or $ is to Australian currency, unless otherwise stated.