JUST Mobile - Terms and Conditions

JUST Mobile Services Agreement

(Updated 15 April 2008)

Part 1, General Terms and Conditions

Commoditel (Australia) Pty Ltd (ACN 105 982 027) trading as JUST Prepaid Mobile ("Just Prepaid Mobile", "we" or "us"), will provide You with the Services in accordance with: these General Terms and Conditions and the Service Description; the applicable charges shown in the Standard Rate Table attached as Appendix 2 as modified from time to time; the JUST Mobile on-line Order (the "Order") and the MSN Porting Terms and Conditions (as applicable) (collectively, the "Agreement").

1 Provision of Services

1.1

JUST Mobile will provide You with prepaid digital mobile telecommunication services and such other services as JUST Mobile may agree to provide to You from time to time ("Services") on the terms of this Agreement.

1.2

JUST Mobile will provide the Services using our facilities and services and/or those of other Suppliers.

1.3

JUST Mobile will provide the Services on the Network for use with Your Phone and one or more SIM cards encoded with information used to access the Services.

1.4

To the extent permitted by law, JUST Mobile may change a Supplier (including but not limited to the Network) used in the supply of the Services, its products or its charges from time to time without notice to You. JUST Mobile may also vary this Agreement by giving You reasonable notice by either advising you in writing or publishing a notice of variation in accordance with the Telecommunications (Standard Form of Agreement Information) Determination 2003. This Agreement, as amended from time to time, will be available on the JUST Mobile Web Site www.justmobile.com.au.

2 SIM Cards

2.1

SIM cards remain the property of JUST Mobile. JUST Mobile specifies certain procedures for activation of Your SIM card to protect against unauthorised use. You must return the SIM card within a reasonable time if requested by JUST Mobile, if JUST Mobile suspends or terminates the Services, or if You are disconnected from the Services.

2.2

You must take all reasonable care to keep the SIM card safe and in good condition. Refunds will only be provided for SIM cards that have technical faults and were not the result of misuse by the consumer.

2.3

You must notify us immediately if any SIM card is lost, stolen or destroyed (whether Connected or not). You will be responsible for the cost of a replacement SIM card, at the rate shown in the Standard Rate Table.

2.4

You will be liable for the charges incurred through the use of the Services supplied in relation to Your SIM card. This includes the charges incurred through the use of the Services where Your SIM card has been lost, damaged or stolen (whether Connected or not) prior to JUST Mobile being notified of the loss or theft.

2.5

Global roaming and roaming on other domestic mobile networks is unavailable on prepaid at this point in time.

2.6

JUST Mobile has the right to refuse the provision of subsequent SIM cards to You, once You apply to receive, or currently have registered in Your name or an associate's name, two (2) or more JUST Mobile SIM cards.

3 Period of Agreement and Charges for Services

3.1

This Agreement starts when You purchase and are provided with a Starter Pack. This Agreement terminates when You are disconnected from the Network.

3.2

Once You are Connected You will be charged for the use of the Services in accordance with the Standard Rate Table. JUST Mobile may vary the rate of fees and charges for the Service, including adding extra charges, from time to time, without notice to You. A copy of the new rate of fees and charges will be made available on JUST Mobile website.

3.3

When You Connect, Your Account will be activated on the Network with the JUST Mobile Call Credit value You have purchased (for example $20) and added to Your Account Balance. Initial and subsequent Call Credits can be applied to Your Account using the Recharge methods provided by JUST Mobile and detailed in clause 22.

3.4

Unless expressly stated otherwise, the charges payable for the Services under this Agreement are inclusive of GST. Where the charges are expressed to be exclusive of GST, You must pay to JUST Mobile in addition to the charges for the Services, an amount equal to any GST payable on the supply of the Services. That additional amount is payable at the same time as any part of the charges for the Services is payable.

3.5

You will not receive an invoice or statement of account from JUST Mobile for the use of the Services.

4 MSN Porting to JUST Mobile

4.1

If in providing the Services to You, JUST Mobile needs to change Your arrangements with Your current Supplier, then JUST Mobile will do so in accordance with this clause.

4.2

If You want to transfer Your existing MSN to us, You are required to notify us of your intention to Port when ordering Your Starter Pack or when You Connect. Porting will take place in accordance with the Australian Communications Industry Forum industry code Mobile Number Portability ACIF C570 June 2001 (MNP Code) and in accordance with our MSN Porting Terms and Conditions on www.justmobile.com.au You must agree to our MSN Porting Terms and Conditions before we can Port your MSN to JUST Mobile.

You acknowledge and agree that:

You authorise the porting of your MSN to JUST Mobile.
If your MSN is Ported, only your MSN switches to JUST Mobile. No existing value added services with your current Supplier will be transferred, which may result in the loss of (or the loss of access to) these services from your current Supplier, including voice mail, SMS, paging or facsimile services. However, such services may instead be provided by JUST Mobile upon your application and payment of any relevant fees.
You may have outstanding contractual obligations and costs owed to your current Supplier. You will remain responsible for all amounts owing to Your current Supplier of telecommunications services for any services they supply to You. To the extent that JUST Mobile becomes liable to a third party in relation to any services supplied to You, You will indemnify Us and will keep Us indemnified against any and all such liability as well as any costs, including legal costs, We incur in connection with any such liability.
You may have an ongoing contract with your current Supplier, which requires the payment of cancellation and/or termination fees (including any early termination fees) to that Supplier if you switch to JUST Mobile.
Your current Supplier may or may not disconnect your existing mobile service and value added services and Porting your MSN may result in finalisation of your account for those services.
JUST Mobile will use all reasonable efforts to port Your MSN on or before the requested cut over date but have no liability to You for any delays in Porting. The requested cut over date should not be more than 30 days from the date of making the request to Port Your MSN.
You are responsible for any charges imposed by Your current Supplier in relation to unsuccessful or rejected Port requests due to:
1. insufficient or incorrect information provided to JUST Mobile;
2. concurrent competing Porting requests in relation to Your MSN; or
3. Your termination of the services with Your current Supplier before JUST Mobile transfers Your MSN on Your nominated Port cut over date.
You are responsible for ensuring that your current handset is GSM compatible. If you are Porting from a CDMA network or any other mobile platform, you may need to purchase a new GSM compatible Phone.
You are responsible for ensuring that your Phone does not have Network Locking applied by your existing Supplier. If you currently have a Phone, you may need to get any SIM security or Network Locking removed by your current Supplier, have your Phone re-programmed prior to porting or get a new Phone.
JUST Mobile may provide information to other network and portability service providers for the purpose of routing calls, complaint handling, customer network fault management and routing of SMS messages after porting of your MSN.

4.3

If Your current Supplier credits us with any amount concerning services provided before the date of transfer, JUST Mobile will credit that amount to Your Account.

4.4

If another Supplier raises a proper charge with us relating to a service it provided to You before Your MSN was Ported to us, JUST Mobile will advise You accordingly and You must pay the other Supplier that amount. If You dispute the amount claimed, You must notify us in writing. You may also be liable to pay to us or Your previous Supplier charges relating to disputes or investigations by either of us arising out of transfer of the Services from another Supplier to us. JUST Mobile reserves the right to charge a Port in fee for Porting Your MSN to us from another Supplier.

5 MSN Porting From JUST Mobile

5.1

If You Port Your MSN to another Supplier, then,

You remain responsible to us for amounts payable prior to the Port-out;
You may be liable to pay to us a Port-out fee; and
You forfeit any remaining Call Credits in Your Account.
When JUST Mobile Ports Your MSN to another Supplier, provision of Services cease and this Agreement terminates.

5.2

JUST Mobile reserves the right to charge a Port-out fee for Porting Your MSN to another Supplier.

6 Personal Information

6.1

JUST Mobile may collect Personal Information about You.

6.2

You acknowledge and agree that:

JUST Mobile may collect Your Personal Information from You or from a credit provider or credit reporting agency (subject to the requirements of Part IIIA of the Privacy Act). The ACA requires us to collect certain identifying information about You before the You can be Connected. If JUST Mobile does not collect Your Personal Information JUST Mobile may not be able to provide the Services to You.
All information provided by You to JUST Mobile is accurate, true and correct in all material respects;
JUST Mobile may use Your Personal Information:
1. to provide the Services to You (including the investigation or resolution of disputes relating to any Services provided to You or other customer care related activities);
2. carrying out credit checking and scoring (unless we have agreed otherwise);
3. to provide information to You about other goods or services which JUST Mobile or any of our Related Bodies Corporate or any of our partners and associates (such as telecommunication entities, providers of products or services which are related to the Services, distributors, outlets, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom JUST Mobile has engaged in a joint initiative) may offer to You;
4. carrying out market and product analysis and marketing our products and services generally;
5. to enable You to participate in any reward or referral program established by JUST Mobile which You elect to participate in; and
6. as otherwise authorised or required by law.

6.3

JUST Mobile may disclose Your Personal Information to:

other Suppliers for the purpose of enabling us to provide the Services to You (including the investigation and resolution of disputes or complaints concerning the provision of the Services);
Related Bodies Corporate, our partners and associates (such as telecommunication entities, providers of products or services which are related to the Services, distributors, outlets, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom JUST Mobile has engaged in a joint initiative) so that they can provide information to You about goods and services they offer;
Regulators, government agencies or individuals appointed by a government responsible for the investigation and resolution of disputes or complaints concerning Your use of the Services for the purpose of enabling investigation and resolution of those disputes or complaints;
other entities with whom JUST Mobile have established or will establish an affinity program to enable You to participate in the affinity program;
other entities who provide services to Us related to the provision of the Services to You (including SMS, a mail house, resellers (or contractors engaged by resellers)) to enable them to provide those services to Us or administer payment arrangements in connection with those services; and
credit providers or credit reporting agencies for the purposes permitted under the Privacy Act;
law enforcement agencies to assist in the prevention of criminal activities; and
as otherwise authorised or required by law.

6.4

If required by law, JUST Mobile will provide You with access to Your Personal Information upon request.

6.5

Calling Line Identification will be automatically activated on commencement of the Services. If You do not want Your number displayed, it is Your responsibility to deactivate this functionality.

6.6

JUST Mobile may also use your personal information to promote and market our services to you (including by way of direct mail, telemarketing, SMS and MMS messages). JUST Mobile does this to keep you informed of its products, services and special offers. If you do not wish JUST Mobile to promote and market its products, services and special offers to you, please call 0410 000 887. Charges will apply for calls to Customer Care.

In relation to marketing and promotional material sent to You via email, JUST Mobile will send such material only if you elect to receive it (i.e. opt-in) or if it is provided in response to your request. You can indicate your opt-in preference at JUST Mobile's website.

7 Your Use of the Services

7.1

In using the Services, you must comply with all laws, all directions of a Regulator and reasonable directions of JUST Mobile.

7.2

You must not use, or attempt to use, the Services:

to break any law or to infringe another person's rights;
to expose JUST Mobile to liability;
in any way which damages, interferes with or Interrupts the Services, or any telecommunications network, equipment, or facilities, or cabling controlled by a Supplier to supply the Services;
in any way which may damage any property or injure or kill any person; and
to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted, or in breach of copyright or any obligations of confidentiality or otherwise in breach of any law.

7.3

You will indemnify JUST Mobile and our Related Bodies Corporate for any loss or expense we suffer as a result of You doing any act in breach of clause 7.1 or 7.2.

7.4

You acknowledge that JUST Mobile may be required by law to intercept communications over the Services and may also monitor your usage of the Services.

7.5

JUST Mobile may ask you to stop doing something which JUST Mobile reasonably believes is contrary to clause 7.2. You must immediately comply with any such request. If you do not, then JUST Mobile may take any steps reasonably necessary to ensure compliance with clause 7.2 or the request, including suspending or disconnecting Your Service.

7.6

You acknowledge that JUST Mobile gives no warranty in relation to the performance or characteristics of any software supplied in connection with the Services.

7.7

You are wholly responsible for the security and use of Your Phone and SIM card and indemnify JUST Mobile against all claims which may arise through Your use of the Services. This includes the use of Services which incorporate new technologies such as SMS, MMS, GPRS and other value added services offered by JUST Mobile for use on Your Phone.

8 Suspension and Disconnection of Services

8.1

JUST Mobile may from time to time and without notice or liability to You suspend or disconnect any of the Services (and at our discretion disconnect Your SIM card from the Network) in any of the following circumstances:

during any technical failure, modification or maintenance of the Network (but in that event JUST Mobile will procure resumption of the Services as soon as reasonably practicable);
if You fail to comply with any of these terms and conditions until the breach (if capable of remedy) is remedied;
if You do, or allow to be done, anything which in JUST Mobile's reasonable opinion may have the effect of jeopardising the operation or quality of the Services or causes interference with the Network;
if You inform JUST Mobile that You have lost or damaged Your SIM card;
if JUST Mobile suspects on reasonable grounds that You or any person using the Services has acted illegally or fraudulently in relation to the Services;
if You have not complied with any acceptable use policy of JUST Mobile;
JUST Mobile is required to do so by law or a Regulator requires JUST Mobile to do so;
it is reasonably required in the event of an Emergency; or
Your Account Balance falls to zero and You do not recharge within the Grace Period.

8.2

JUST Mobile can permanently disconnect You from the Network if:

After Your Account Balance falls to zero, You do not Recharge within the Grace Period;
You fail to use the Services in accordance with clause 7;
You have not done what You have promised JUST Mobile You would do, even after JUST Mobile has given You seven extra days to do so;
You do anything which JUST Mobile believes may damage the Network;
JUST Mobile believes that You have used the Services to commit unauthorised, criminal or unlawful activities;
a criminal law-enforcement agency asks JUST Mobile to disconnect You because it has a suspicion on reasonable grounds that You have used, or are likely to use, the Services to engage in criminal conduct;
it is reasonably necessary to enforce the criminal laws or laws imposing pecuniary penalties, protect the public revenue or safeguard national security;
a Regulator requires JUST Mobile to do so; or
JUST Mobile reasonably believes your Phone or equipment infringes the Intellectual Property Rights of a third party.

8.3

When disconnected from the Network:

You no longer have the right to use Your MSN and JUST Mobile is unable to return it to You;
You must immediately return the SIM card to JUST Mobile;
This Agreement immediately terminates; and
You forfeit Your Account Balance.

8.4

Without limiting any other rights of JUST Mobile under the General Terms, JUST Mobile may cancel the Services by 30 days notice published in at least one major daily newspaper in each capital city in Australia. All Call Credits unused at the Service cancellation date will be forfeited.

8.5

Upon cancellation of the Services for any reason, You must promptly return the SIM card to JUST Mobile.

8.6

JUST Mobile reserves the right to charge You the SIM card replacement fee for SIM cards not returned within 60 days of cancellation.

9 Termination

9.1

JUST Mobile may terminate this Agreement by giving 30 days written notice to You. You may terminate this Agreement at any time.

9.2

JUST Mobile may terminate this Agreement immediately by notice to You if You have breached a material clause of this Agreement.

9.3

You remain liable for all charges payable under this Agreement in respect of Services up to the time of termination.

9.4

If You are an individual, in the event of Your death, JUST Mobile reserves the right to terminate this Agreement without notice as soon as JUST Mobile becomes aware of Your death. All outstanding charges under this Agreement must be paid by Your estate.

9.5

If You terminate this Agreement by giving 30 days written notice pursuant to Clause 9.1, any Call Credits remaining in your Account Balance at the time of termination will be retained by JUST Mobile.

9.6

Termination is without prejudice to the rights and obligations of the parties which have accrued prior to termination.

10 Limitation of Liability

10.1

The performance of some Services may be affected by Your levels of use, the levels of use of other users and of facilities related to the provision of the Services. Consequently, JUST Mobile does not warrant that the Services will be free of blockages, delays, network congestion, interference or faults of this kind and JUST Mobile will not be responsible for any loss or damage which may arise as a result. You acknowledge that You are responsible for inquiring whether mobile coverage is available in areas in which You will ordinarily require the Services.

10.2

You may have certain rights and remedies under the Trade Practices Act 1974 (Cth) and other laws, which may imply certain conditions and warranties into this Agreement. JUST Mobile does not exclude or restrict or modify those rights, remedies or implied conditions and warranties where it is unlawful to do so. All other terms, conditions, warranties, undertakings, inducements and representations, whether express or implied relating to the supply of the Services are excluded. Where JUST Mobile is liable for any loss or damage in connection with or arising from the breach of any term, condition, warranty or remedy implied by the Trade Practices Act 1974 (Cth) JUST Mobile's liability is limited to resupplying, repairing or replacing the relevant Service where the Service is not of a kind ordinarily required for personal, domestic or household use or consumption.

10.3

Subject to clause 10.2 JUST Mobile is not liable to You or any third party for any direct or consequential loss or damage however suffered or incurred (whether in tort, negligence or otherwise) in relation to the Services. However, JUST Mobile does not exclude liability for death or personal injury caused by negligence.

10.4

JUST Mobile has no liability to You or to any other person for:

acts or defaults of other Suppliers;
faults or defects in Services which are caused to any material extent by Your own conduct or misuse;
faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected, with our consent, to Services which JUST Mobile have arranged under this Agreement) which are due to incompatibility with the Services;
Porting of Your MSN in accordance with a Porting request received by us;
any delays in implementing a request to Port Your MSN; or
a failure to implement a request to Port Your MSN.

11 Confidentiality

11.1

JUST Mobile or the Supplier retains all Intellectual Property Rights in any information relating to the Services, the design or operation of the Network and other technical information relating to the provision of the Services.

11.2

You will keep Confidential Information confidential, and will not allow any written or electronically recorded material to be copied.

11.3

On the termination of this Agreement for any reason, You will return all Confidential Information to us. If You have destroyed the Confidential Information, or any part thereof, then You will give JUST Mobile a written declaration to that effect.

12 Force Majeure

12.1

JUST Mobile is not liable for:

any delay in installing any Service;
any delay in correcting any fault in any Service;
failure or incorrect operation of any Service; or
any other delay or default in performance under this Agreement, if it is caused by any event or circumstance reasonably beyond Our control, including but not limited to war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo, judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake, fire, flood, plague or other natural calamity, computer viruses, hacker attacks or failure of the internet or delay, or failure or default by any other Supplier.

13 Assignment

13.1

You will not assign, charge or otherwise deal with Your rights under this Agreement except with JUST Mobile's prior written consent.

13.2

JUST Mobile may assign all JUST Mobile's rights and obligations under this Agreement without notice.

14 General

14.1

Information -- JUST Mobile may give to and receive from other Suppliers information about Your Account, including particulars of calls and call charges.

14.2

Governing law -- this Agreement is governed by the laws of the state in which you ordinarily reside.

14.3

Entire Agreement -- this Agreement contains the whole understanding between You and JUST Mobile to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.

14.4

No reliance -- You acknowledge that You enter into this Agreement entirely as a result of Your own enquiries and that You do not rely on any statement, representation or promise by JUST Mobile or on JUST Mobile's behalf not expressly set out in this Agreement.

14.5

Release -- You release JUST Mobile and its officers, agents and advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed, and from the negotiations leading to it.

14.6

Waiver -- the failure by either party to exercise any right or remedy under this Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party's waiver of such right or remedy.

14.7

Notice -- A notice issued under this agreement must be in writing and will be taken to be received:

if left at the address of the addressee at the time it was left;if sent by ordinary post, on the third day after posting;
if sent by email, at the time of successful transmission; and
if sent by SMS, at the time of successful transmission.

14.8

Survival -- termination of this Agreement shall not affect the continued operation of provisions in this Agreement which by their nature survive termination or expiration of this Agreement including but not limited to clause 2, 4.2(c), 6.2, 6.3, 6.4, 7.3, 10, 11.

15 Customer Care

15.1

Any questions or complaints in relation to the Services should be addressed to Customer Care by:

Calling 887 (from JUST Mobile SIM only)	On Your mobile handset with an JUST SIM inserted, activated and sufficient positive account balance if the event that You are making a Chargeable call as detailed in Your rate plan and charged at the rates shown in the Standard Rate Table.
Calling 0410 000887	From all mobiles and landlines
Emailing to	care@justprepaidmobile.com.au
Faxing to	(02) 9922-5370
Posting in writing to	JUST Mobile PO Box 727 North Sydney, NSW 2060

15.2

Should you feel a complaint is not satisfactorily resolved you may be entitled to raise certain matters with the Australian Communications and Media Authority (ACMA), Australian Consumer and Competition Commission (ACCC) or the Telecommunications Industry Ombudsman (TIO).

Part 2, Service Description

16 The Service

16.1

JUST Mobile will supply the Services at the published rates described in the Standard Rate Table.

16.2

You can use the Services to make voice calls from Your Phone during the Access Period to:

any other mobile phone connected to any mobile telecommunications network in Australia; and
any fixed line phone connected to any fixed line telecommunications network in Australia
international telephone numbers;
13, 1300 and 1800 numbers and other Australian telephone numbers specified on the Website from time to time; and
special numbers listed in the Standard Rate Table.

16.3

You can also use Your Phone during the Access Period to access other Services listed in the Standard Rate Table, including but not limited to SMS and MMS.

16.4

You may only have one Service per Account.

16.5

Subject to approval, You may have a maximum of five (5) Services.

17 Service Description

17.1

The Services include prepaid calling from a GSM Phone for most voice calls made within Australia.

17.2

JUST Mobile may vary the Services if reasonably required for technical, operational or commercial reasons. If doing so has a significant detrimental effect on Your individual Service then You may cancel that individual Service by giving notice to JUST Mobile.

17.3

The following restrictions apply to the use of the Services:

it does not support call diversion other than to our Voicemail service;
it cannot be used to Roam on other domestic or overseas mobile networks;
it may not support other services set out on the JUST Mobile Website from time to time;
it does not support paging or faxing services;
it cannot be used for some specialist data and all fax services;
calls made using 0015 or 0019 to international destinations are barred;
in relation to JUST Prepaid Cap Plan, SMS services to premium rated numbers are barred; and
it cannot be used to call other special numbers as determined by JUST Mobile.

17.4

You acknowledge that the services may not be available from time to time as a result of a number of factors, including capacity constraints, electromagnetic interference, adverse weather conditions, excessive Network use, equipment or Phone failure, your location (particularly if indoors or underground), or during maintenance activities.

18 Accessing the Service

18.1

To obtain the Service, You will need to apply for a Starter Pack by:

placing an Order on the Website (www.justmobile.com.au ).
calling 0410 000 887 or
purchasing a Starter Pack from an JUST Mobile authorised sales agent ('Reseller”).

18.2

You acknowledge and agree that JUST Mobile and/or the Reseller will subject the information that You submit on Your Order to a verification check.

18.3

If Your Order to:

JUST Mobile over the Web is accepted, then Your Starter Pack, ready to be Connected, will be dispatched to You. Your Starter Pack will be delivered to the delivery address You specify in Your Order within 7 working days.
a Reseller is accepted in a retail outlet, You will be able to collect Your Starter pack, ready to be Connected, after paying the Reseller for the Starter Pack.

18.4

If an ordered item is out of stock You will either be notified by email within 48 business hours or informed at the time of Your Order the estimated delivery date for the item.

18.5

Once You have received Your Starter Pack, You will need to Connect and select any optional Service features, if applicable.

18.6

You may only Port Your existing MSN during the JUST Mobile standard hours of operation of which details can be obtained from Our Website. Furthermore Our standard hours of operation may change without notice therefore it remains Your responsibility to visit the Website to ascertain the current standard hours of operation.

18.7

The SIM card is ready to use once You have Connected by calling the activation line service on 888 from Your Phone.

18.8

You may only Recharge by following the process outlined in clause 22.

18.9

Customer Care is available via:

JUST Mobile : Call 887	On Your mobile handset with an JUST Prepaid SIM inserted, activated and sufficient positive account balance if the event that You are making a Chargeable call, as detailed in Your Plan, and charged at the rates shown in the Standard Rate Table.
Landlines and Other Mobile: 0410 000 887	From all mobiles and landlines charged at the rates shown in the Standard Rate Table
Email to	care@justprepaidmobile.com.au
Fax to	(02) 9922-5370

18.10

Refund/Return Policy - JUST Mobile operates a "no refund" policy. JUST Mobile will only refund customers if the customers can show that they have been charged an incorrect amount. JUST Mobile will also replace a faulty SIM free of charge. Customers are to return the faulty SIM to: PO Box 727, North Sydney NSW 2060

19 Identification

19.1

You acknowledge that JUST Mobile and other Suppliers of prepaid GSM services are required to ask customers for evidence of their identity and that:

JUST Mobile can refuse to supply You the Services if the required evidence is not provided; and
JUST Mobile may subsequently require You to produce additional proof of identity including Your name and address, and JUST Mobile may suspend the Services until that evidence is provided.

19.2

You must provide JUST Mobile with any change in Your residential address and Your e-mail address or other customer details provided to JUST Mobile within 14 days of any change by contacting JUST Mobile using our Website.

20 Service Features: Your Selections

20.1

The Services may have one or more of the following features, some of which You may need to select when applying for the Services:

caller ID;
Voicemail;
SMS;
call hold, call waiting;
MMS;
WAP GPRS; and
international direct dialling (IDD).

20.2

When You Connect to JUST Prepaid You will automatically be Connected to the JUST Prepaid 39c Plan (“Default Plan”). You can change from the Default Plan to the JUST Prepaid Cap Plan (“Cap Plan”) at any time. Simply purchase a Recharge Voucher for the Cap Plan (e.g. $19, $29, or $39) and when you activate the Recharge Voucher you will automatically be switched to the Cap Plan. Changing back to the Default Plan is as simple as purchasing a Recharge Voucher for the Default Plan (i.e. $30, $50, or $100) and activating the Voucher.

20.3

Call Credits do not accumulate when switching between Prepaid Plans (i.e. switching from the Default Plan to Cap Plan; or Cap Plan to Default Plan) and any credit balance will be forfeited. Call Credits on the same Prepaid Plan accumulates up to the value specified in 22.7. Appendix 2 specifies the rates associated with the Prepaid Plans.

20.4

JUST Mobile will provide the Services to You based on the feature selections You have made (provided the relevant feature is available on Your rate plan, SIM card and Phone). Additional descriptions of the various features are set out in Appendix 1.

20.5

When You Connect, You will be activated on the rates set out in the Standard Rate Table attached as Appendix 2.

20.6

JUST Mobile and the Network do not represent, warrant or guarantee the extent to which a WAP GPRS compatible Phone will be able to access information on the internet or elsewhere. Your ability to access, use and download information will depend on the features and functionality of Your Phone and the nature and quality of the information being accessed. You acknowledge and agree that WAP GPRS may be subject to congestion, delays and/or loss of transmitted data.

20.7

JUST Mobile reserves the right to withdraw access to WAP GPRS or any component of it at any time without notice.

20.8

You acknowledge and agree that the WAP GPRS coverage area may be smaller than the coverage area for other Services.

20.9

You must comply with all conditions imposed by a content provider when accessing content using WAP GPRS.

20.10

You agree that the following terms and conditions apply to Your use of WAP GPRS:

You are responsible for all equipment and software necessary to use WAP GPRS as well as for the security and integrity of any information You transmit or receive;
You use WAP GPRS accepting full risk and responsibility in doing so;
You acknowledge that JUST Mobile and the Network does not check and is not obligated to monitor the content of information or material available from WAP GPRS or the internet and that JUST Mobile and the Network are not liable for loss and damage suffered by You or any other person as a result of using information or material obtained using WAP GPRS or the internet, including but not limited to, loss or damage caused by a virus; and
You will not use WAP GPRS for any activities which breach any laws, standards or codes or infringe a third party's rights, or breach any statements, content requirements or codes promulgated by any relevant authority including activities which require JUST Mobile or the Network to take remedial action under any applicable industry code or in a way which interferes with other users or defames, harasses or menaces or restricts or inhibits any other user from using or enjoying the Services or the internet.

21 Service Charges

21.1

The charges for the Services may depend on:

a combination of airtime, time and day of call, destination of call and call type;
the rate plan and features selected by You in Your Order; and
the Prepaid Plan You have elected to use as set out in clause 20.2.

21.2

You will not be charged for Unsuccessful Calls.

21.3

The rate plan(s) offered by JUST Mobile in connection with the supply of the Services, as set out in the Standard Rate Table, specify:

the charges for outgoing calls made on the Service, including local, national, international, mobile and other call types;
the charges for other Services, including SMS, MMS, GPRS, and Voicemail;
the Access Fee;
the PIN Access Recharge Fee
the Call Credit Expiry Date; and
the Grace Period.

21.4

The other call types referred to in clause 21.3 include calls to:

special Services such as 13, 1300, 113, 013, and 123 services;
special Services such as 1800, 0011 800 and 0014 800; and
calls to ships at sea.

21.5

The charges for outgoing calls using the Services are generally based on a specified period of time (for example thirty or sixty second intervals) over the Chargeable Calling Time plus a flagfall charge when the call is answered. Some calls may be charged on a per call or data usage basis, as specified in the Standard Rate Table.

21.6

You will be charged for calls by deductions from the current Call Credits in Your Account, in accordance with the Standard Rate Table.

21.7

You will not be sent any bills, invoices or statements recording calls made from Your Phone using the Services. You are able to review Your last three calls made by calling 886. You may request usage charge records and we will charge you for the usage charge records you request.

21.8

For technical reasons, calls made to '13' numbers of other Suppliers from the Services in regional areas will not always be terminated by the other Supplier at the desired answering point. However, they will be answered by the company to whom the '13' number has been assigned in a capital city of Australia. JUST Mobile is not responsible for the particular routing of calls to '13' numbers of other Suppliers.

21.9

For the purposes of determining the time at which a call is placed, the time used will be the local time recorded at the first mobile switching centre through which the call passes. This will not necessarily be the local time at the place at which You, the calling party, are located. If the charge for the Services depends on the time and day of call, the charge will be calculated using the applicable rate when the call starts.

21.10

You cannot convert into cash or redeem call credits as cash and You cannot apply call credits against any other Services held by You or anyone else with JUST Mobile.

21.11

Any call credits remaining on Your Account on termination of this Agreement are forfeited.

22 Recharge Your Account

22.1

JUST Mobile will not connect calls if the Call Credits in Your Account are insufficient to meet the minimum charges applicable for calls of the type You are trying to make. You will need to acquire a Recharge Voucher and use it to Recharge the Call Credits on Your Account in order to make Your call.

22.2

JUST Mobile reserves the right to, but need not, notify You when you have a low Account Balance which may impact Your use of the Services. Any notification will take the following form:

Low Account Balance -- if You are using the Services when Your Account Balance falls below $3.00 You will hear an audible alert to alert You that Your Call Credits are low and that You may want to Recharge. “Low credit notification, you have less than $3.00 remaining, please recharge to ensure that you can continue using your mobile”
Low call time -- if You are using the Services when Your Account Balance falls to the level where it only contains enough Call Credits for a further three minutes of call time on Your current call, You will hear an audible alert to alert You that Your Call Credits are low and that You may want to Recharge. “You have 60 seconds talk time remaining, please call 888 to recharge”
First call of the day -- if Your Account Balance is below $5.00 You will hear a recorded message when you make Your first call of the day, informing You that Your Account Balance is low and that You may want to Recharge. “Low credit notification, you have less than $3.00 remaining, please recharge to ensure that you can continue using your mobile”
Two or less days to Account Call Credit Expiry Date -- You will hear an audible alert to alert You that Your Call Credits are low and that You may want to Recharge

22.3

If Your Call Credits are exhausted during the course of a call, the call will automatically cut out without further warning. You will need to acquire a Recharge Voucher and use it to Recharge the Call Credits on Your Account in order to continue Your call.

22.4

There are a number of methods to acquire Call Credits which can be used to Recharge Your Account. These methods are listed on the Website, and include:

purchasing a Recharge Voucher at one of thousands of retail sites across Australia, whose locations are listed on the Website;
ordering a Recharge Voucher via the Website;
ordering a recharge voucher by calling 0410 000 887 (or 887 from a JUST Mobile SIM);and
using the Recharge Solution.

22.5

To use the Recharge Solution You must have registered Your credit card via the Website. To register Your credit card You will be required to undergo a verification check. Once successfully registered You will be able to acquire a Recharge Voucher by:

visiting the Website; or
purchasing a Recharge Voucher from an authorised Reseller

22.6

You Recharge by activating a Recharge Voucher. Once You have acquired a Recharge Voucher, call 888 to activate it and add Call Credits to Your Account.

You will be prompted to enter the details on the Recharge Voucher via the keypad on your Phone. Your Account Balance will then be updated.
JUST Mobile will credit Your JUST Mobile Account Balance with the value of the Recharge Voucher.
The Recharge Voucher is also subject to an activation expiry period ("Recharge Expiry Period") during which You must activate the Recharge Voucher.
Detailed instructions for Recharging Your Account are available on the Website.

22.7

You may Recharge your Credit in amounts of:

Plan Type	Recharge Denomination
JUST 39c Prepaid Plan	$30, $50, and $100 denominations
JUST Prepaid Cap Plan	$19, $29, $39 denominations

JUST Mobile may not accept a Recharge Voucher if it will increase Your Account Balance above $500.

22.8

JUST Mobile reserves the right to vary the maximum Recharge amount. If You require a higher maximum Recharge amount please contact Customer Care and Your request will be considered.

22.9

JUST Mobile may limit the number of credit cards You are able to register to use the Recharge Solution.

22.10

Call Credits are not physically or electronically added to Your SIM card itself, but are added to Your Account.

22.11

Call Credits remain valid for a period of:

Plan Type	Call Credit Expiry
JUST 39c Prepaid Plan	180 days call credit expiry
JUST Prepaid Cap Plan	30 days call credit expiry

22.12

Call Credits accumulate when a Customer activates a Recharge Voucher in respect of the same Prepaid Plan. When a Customer activates a Recharge Voucher in respect of the same Prepaid Plan, the expiry period of the existing Call Credits recommences from the date that the Recharge Voucher is activated.

22.13

Call Credits do not accumulate when switching between Prepaid Plans (i.e. switching from the JUST 39c Prepaid Plan to the JUST Prepaid Cap Plan; or the JUST Prepaid Cap Plan to the JUST 39c Prepaid Plan) and any credit balance will be forfeited. Credit on the same Prepaid Plan accumulates up to the value specified in 22.7.

22.14

In addition to the Recharge Solution set out above, the following JUST Mobile lines are available from Your Phone:

Service	Short dial	Description
Customer Care	887	Access to customer service and other options from Your JUST mobile service.
Activation line	888	To activate Your new JUST Prepaid SIM card before making calls.
Recharge	888	Allows You to use a Recharge Voucher to add Call Credits to Your Account.
Account Balance	889	Provides details of your current credit balance and credit expiry date on Your Account.
Last 3 calls	886	Provides details of time, date, mobile numbers and cost of each of last three calls made.

23 Minimum Account Balance Requirements and Call Credit Validity Period

23.1

JUST Mobile does require You to maintain Your Account Balance at greater than zero. As long as your Account Balance is greater than zero, Your Account is active on the Network and You have access to the Services.

23.2

If Your Account Balance falls to zero, through Your use of the Services, including the application of the Access Fee, the Grace Period will begin for Your Account.

23.3

During the Grace Period,

You cannot send an SMS.
You cannot make calls, except for calls to emergency services, and the Recharge line.
You can receive calls and SMS.
You may be alerted via SMS or email at the discretion of JUST Mobile when Your Account Balance falls to zero.
You are required to Recharge Your Account within the Grace Period.

23.4

You must add Call Credits to Your Account before the expiration of the Grace Period otherwise JUST Mobile can disconnect You from the Network irrevocably without notice. If this happens You will lose Your MSN and JUST Mobile will be unable to get it back for You.

23.5

If You add any Call Credits to your Account before the expiration of the Grace Period, Your access to the Services will be fully restored.

23.6

JUST Mobile reserves the right to, but need not, send You SMS and/or e-mail reminders to warn You that if You do not add Call Credits before the expiration of the Grace Period, Your access to the Services will be disconnected.

24 Customer Care

24.1

Calls to Customer Care are charged at the rate shown in the Standard Rate Table.

24.2

Before calling Customer Care, a chargeable call, You are encouraged to:

refer to Your user guide supplied in Your Starter pack;
refer to the help files on the Website, www.justmobile.com.au;
send an email to Customer Care, care@justprepaidmobile.com.au which we will endeavor to respond to within 48 hours; however
if You want an answer now, call Customer Care on 887
during JUST Mobile Business Hours.

25 Your Phone

25.1

You acknowledge that:

JUST Prepaid is not the manufacturer of Your Phone, and unless purchased directly from JUST Prepaid , is not the supplier of Your Phone. You are and remain fully responsible for adhering to the manufacturer's terms, conditions and procedures for all warranties and repairs to Your Phone; and
JUST Mobile makes no warranty as to the suitability of the Phone for use in connection with the Service or individual service features.

25.2

You are responsible for the maintenance of Your Phone. If Your Phone appears to be faulty or interferes with the Service, You must, if requested to do so by JUST Mobile:

provide Your Phone for JUST Mobile to inspect; and/or
cease using that Phone until the problem has been corrected.

25.3

JUST Mobile will have no liability to You in relation to Your Phone, or Your use of the Phone in connection with the Service.

25.4

To protect consumers from illegal trade in mobile phones, JUST Mobile at any time may request You to provide proof of ownership of Your Phone. You must provide that proof within five (5) business days of JUST Mobile's request. If You fail to provide proof of ownership within five (5) business days, JUST Mobile may suspend Your Service until evidence is provided.

26 Lost or Stolen Phone and/or SIM Cards

26.1

The JUST Mobile IMEI Blocking facility ("IMEI Blocking") allows You to block Your Phone on the Network and on other Australian GSM networks if Your Phone is lost or stolen.

26.2

You may block Your Phone by e-mailing JUST Mobile at care@justprepaidmobile.com.au and requesting IMEI Blocking. This will prevent Your Phone being used on the Network. JUST Mobile will try to do this within a reasonable period. You will be required to undergo an ID check before IMEI Blocking is activated.

26.3

If JUST Mobile blocks or unblocks Your Phone on the Network, this will be communicated to other national Carriers to put into effect on their networks.

26.4

If Your Phone is found or returned, You must e-mail JUST Mobile at care@justprepaidmobile.com.au to request unblocking. JUST Mobile will try to do this within a reasonable period.

26.5

If You need to call emergency services while Your phone is IMEI Blocked, please dial 112 rather than 000. Provided You are within coverage, this will ensure that Your call gets through to emergency services while waiting for Your unblock request to be carried out.

26.6

If You obtain a Phone that is lost or stolen, or obtain the Services or a Phone under false pretences, JUST Mobile may block Your Phone on the Network without Your consent, even if You are not aware it is stolen.

26.7

JUST Mobile is not responsible for any lost or stolen SIM cards. You will be responsible for the charges for all Services used by any other person using Your lost or stolen SIM card.

26.8

If Your SIM card is lost or stolen, You may contact JUST Mobile using our automated services on care@justprepaidmobile.com.au or call 0410 000 887 during business hours to request that Your SIM card be blocked. This will prevent unauthorised calls being made and charged to Your Account.

26.9

If Your SIM card is lost or stolen and You notify JUST Mobile, the SIM card will be cancelled. JUST Mobile may, at its discretion, replace the SIM card and may charge a replacement fee as specified in the Standard Rate Table. Any remaining Call Credits on a stolen SIM card may be transferred to the replacement SIM card.

27 Mobile Service Number

27.1

Subject to the ACA's numbering plan and directions (Numbering Regulations), JUST Mobile will select the MSN to be associated with Your SIM card.

27.2

If Your access to the Services is cancelled for any reason, Your right to use the MSN ceases.

27.3

JUST Mobile is not liable to You for any expenses or losses incurred by You or Your business due to:

any variation of the MSN assigned under paragraph 27.1; or
cessation of Your rights of use in respect of Your MSN pursuant to paragraph 27.2.

27.4

To comply with Numbering Regulations, JUST Mobile may need to withdraw or alter the MSN allocated to You.

27.5

Except as set out in paragraph 27.6 below, if, for any reason, You require a new MSN, You will be obliged to pay a number swap fee as set out in the Standard Rate Table and You will forfeit all remaining Call Credits.

27.6

If You have received calls of a harassing nature and reported the matter to the relevant law enforcement agency, You may request a new MSN. JUST Mobile may, at its discretion, agree to supply You with a new MSN. If JUST Mobile agrees to do so, a new MSN will be issued to You free of charge on the first two occasions. Thereafter, a number swap fee as set out in the Standard Rate Table will be charged. In this limited circumstance, any Call Credits on Your existing Account will be transferred to the new Account.

28 Free Calls

28.1

Calls to the following numbers are free if called from Your Phone using the Services:

a)	Emergency Service Number	000, 112
b)	Recharge line	888
c)	Account Balance	889
d)	Last 3 calls	886

29 Quality of Service

29.1

The Services are not available in all areas of Australia. Coverage maps are available on the Website.

29.2

Within a service area, it is technically impracticable to guarantee that the Services are available in each place within that area, or that 'drop-outs' will not occur in the course of a call or that capacity is available at all times or that the Service is free of faults or error.

30 Fault Reporting and Rectification

30.1

As soon as You become aware of any fault in the Services, You must report that fault to JUST Mobile by e-mailing care@justprepaidmobile.com.au. Before reporting a fault to JUST Mobile, You must take all reasonable steps to ensure that the fault was not a fault in Your Phone or equipment.

30.2

You must provide all necessary assistance to enable location and rectification of any fault regardless of whether that fault is the responsibility of JUST Mobile or another Supplier.

30.3

JUST Mobile is not responsible for any fault which is in the equipment within the Network and will notify the Supplier of the fault and request its verification.

31 Your Acknowledgements and Obligations

31.1

These acknowledgements and obligations are in addition to and not in substitution of any acknowledgements and obligations elsewhere in this Agreement.

31.2

In using the Services, You must:

comply with any rules imposed by any third party whose content or services You access using the Services or whose network Your data traverses; and
not infringe any person's Intellectual Property Rights (such as by using, copying or distributing data or software without the permission of the owner).

31.3

You acknowledge that:

the Service relies, for its operation, on services supplied by third party Suppliers, who are not controlled or authorised by JUST Mobile; and
JUST Mobile does not exercise any control over, authorise or make any warranty regarding:
1. Your right or ability to use, access or transmit any content (whether error-free, in time, or at all) using the Services;
2. the accuracy or completeness of any content which You may use, access or transmit using the Services;
3. the consequences of You using, accessing or transmitting any content using the Services, including without limitation any virus or other harmful software; and
4. any charges which a third party may impose on You in connection with Your use of the Services.

31.4

JUST Mobile supplies the Services and each individual Service for the purpose of:

originating (making) calls or other mobile services on the Network; and
terminating (receiving) calls or other mobile services on the Network, which originate on the Network or on the network of another Supplier with which the Network has a current interconnection arrangement.

31.5

In addition to Your obligations under the General Terms You must not:

originate or terminate calls or other services on the Network in connection with the Services or an individual Service, other than as described in clause 31.4 above;
transmit, refile or aggregate domestic or international traffic on the Network in connection with the Services or an individual Service; or
use the Services or an individual Service (including any SIM card) in connection with a device that switches or reroutes calls to or from the Network, without the prior written consent of JUST Mobile. JUST Mobile may withhold its consent to such use or make it subject to conditions, in each case in JUST Mobile's absolute and unfettered discretion.

31.6

If You breach clause 31.4 or 31.5 in respect of the Services or an individual Service then JUST Mobile may, in addition to and without limiting its other rights immediately suspend or terminate the Services or the individual Service by giving notice to You.

32 Promotions, including all free credit and porting promotions

32.1

JUST Mobile holds the right to cease any or all promotions at any time.

32.2

Upon agreeing to port your number to JUST Mobile in return for receiving free credit, JUST Mobile has the right not to activate the JUST Mobile SIM card until the port is completed.

32.3

When porting a number, JUST Mobile has the right to withhold any free credit until the port is completed and furthermore may withhold free credit until such time as the Customer has Recharged.

32.4

JUST Mobile may require the Customer to provide a promotional code in order to receive the free credit and it is understood that it is the customer's responsibility to provide this code.

32.5

JUST Mobile has the right to refuse the provision of a SIM card at any time.

32.6

A valid and unique email address must be supplied per application.

33 Interpretation

33.1

In this Agreement, unless the context otherwise requires:

headings are for convenience only and do not affect interpretation
the singular includes the plural and vice versa
all references to dollars, value and price are to the Australian currency;
references to a party includes its successors and permitted assigns;
references to payment to any party includes payments to another person on the direction of that party; and
a reference to any statute includes any amendments, re-enactments or replacements to that statute from time to time.
all references to 'Website' means www.justmobile.com.au unless specifically stated otherwise

Definitions
Access Fee	means the fee payable to access the Services as set out in the Standard Rate Table.
ACMA	means the Australian Communications and Media Authority.
Account	means an account we create which shows the amount of Your remaining Call Credits.
Account Balance	means the balance of Call Credits in Your Account from time to time.
Act	means the Telecommunications Act 1997.
Access Period	means the time between the date You Recharge and the date Your Account Balance falls to zero, during which You can use the Services.
Agreement	means this Agreement and any other documents validly incorporated by reference.
Call Credits	means the amount of money in Your Account which can be reduced by JUST Mobile to pay for Service used. For the avoidance of doubt Call Credits are not redeemable for cash.
Call Credit Expiry Date	means the date set out in the Standard Rate Table.
Calling Line Identification	means a call function allowing the Customer's MSN to be displayed to a recipient.
Carrier	has the same meaning as defined in Section 7 of the Act.
Carriage Service Provider	has the same meaning as defined in Section 87 of the Act.
Chargeable Calling Time	means that part of each call's duration which is charged to You and commences from when the call is answered and finishes when the circuit established for the call is released at the local exchange or other network facility which connects the calling party, or the other exchange or network facility at which the call duration is measured.
Confidential Information	means all confidential information about the Services, JUST Mobile, its Related Bodies Corporate, the Network, or the Customer, which is or has been disclosed under or in connection with this Agreement; or learnt or acquired in the performance of this Agreement, other than any such information which: (a) was in the public domain at the time of its provision, otherwise than through a disclosure in breach of this agreement; or (b) is or lawfully came into the possession of the other party otherwise than as a result of a disclosure in breach of this agreement.
Connection	means the activation of the Services. The words Connect and Connected have a corresponding meaning.
Customer	means the person who uses the Services.
Customer Care	means the Customer service facilities provided by JUST Mobile from time to time.
Emergency	means a situation that unless immediately remedied, has the potential to jeopardise life or safety or to cause immediate risk to property.
Grace Period	means the number of days specified in the Standard Rate Table after Your Account Balance falls to zero within which You must Recharge. During the Grace Period You can receive calls and messages, but only make calls to the Recharge line number or emergency service numbers.
GST	refers to the goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 ("GST Act") that may be in force in Australia from time to time.
IMEI Blocking	means blocking the Phone so that it cannot be used on any GSM network.
Intellectual Property Rights	includes any rights associated with inventions, copyright, designs, trade marks, trade names, service marks, indicia of origin, business names, patents, petty patents, innovation patents and including any right to apply for any of the above rights.
Interruption	in the supply of goods or a service (including the Services and each Individual Service) means a delay in supplying, a failure to supply or an error or defect in the supply of, those goods or that service. The word Interrupts has a corresponding meaning.
JUST Prepaid Cap Plan	means the prepaid cap plan available to Customers on the terms set out in these General Terms and Conditions and at the charges shown in the Standard Rate Table.
JUST Prepaid 39c Plan	means the prepaid 39c plan available to Customers on the terms set out in these General Terms and Conditions and at the charges shown in the Standard Rate Table.
JUST Mobile Business Hours	refers the hours of operation of JUST Mobile as advised on the Website and modified from time to time.
MSN	means a mobile service number allocated pursuant to the Telecommunications Numbering Plan 1997.
MSN Porting Terms and Conditions	means the terms and conditions and customer authorization form forming part of this Agreement and found at www.justmobile.com.au.
Network	means the facilities provided by JUST Mobile and operated by a Carrier for the purposes of providing public mobile GSM digital telecommunications services.
Network Locking	means that the Phone has been programmed to work only on one of the GSM Networks.
Order	means the order used by potential customers to apply to JUST Mobile to subscribe for the Services as set out at www.justmobile.com.au.
Personal Information	shall have the same meaning as that defined in the Privacy Act 1998 (Cth) as supplemented, varied or amended from time to time.
Phone	means a GSM mobile telephone handset used in connection with the Services.
PIN Access Recharge Fee	means the charge applied to Your Account upon activating a Recharge Voucher as set out in the Standard Rate Table.
Port	means the transfer of an MSN between Suppliers of Telecommunication Services. The words Porting and Ported have corresponding meanings.
Prepaid Plans	means the JUST Prepaid 39c Plan and the JUST Prepaid Cap Plan.
Recharge	means the recharging or crediting of Call Credits to Your Account via the methods outlined by JUST Mobile from time to time on the Website. The words Recharged and Recharging has a corresponding meaning.
Recharge Expiry Period	means the period within which a Recharge Voucher must be activated on Your Account. The expiry period is shown on the Recharge Voucher.
Recharge Voucher	means a voucher in respect of the either the JUST Prepaid 39c Plan or the JUST Prepaid Cap Plan which when used gives the Customer an amount of Call Credit for the Customer's prepaid Account Balance equal to the face value of the voucher.
Recharge Solution	means the solution that allows You to purchase a Recharge Voucher through the Website.
Related Body Corporate	has the meaning given to the term in the Corporations Act 2001.
Regulator	means the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, the Australian Communications Industry Forum Limited, the Telecommunications Industry Ombudsman or any other government or statutory body or authority.
Reseller	means a sales agent, whom may be listed on the JUST Mobile Website from time to time, authorised by JUST Prepaid to sell JUST Mobile Starter Packs through a retail outlet, online order, or sales representative.
Roam	means the ability to use an Australian SIM card in countries other than Australia.
Service and Services	means the JUST Mobile prepaid digital telecommunications service and such other services as JUST Mobile may provide to You from time to time.
Service Description	means Part 2 of the terms and conditions.
SIM	means the subscriber identity module card, to be used with a GSM mobile telephone handset to enable use of the Services.
Starter Pack	means the JUST Mobile prepaid mobile starter pack, which may be purchased by visiting the JUST Mobile Website, containing a SIM card, a SIM certificate and promotional materials.
Standard Rate Table	means the rate table attached at Appendix 2 in respect of the JUST Prepaid 39c Plan and the JUST Prepaid Cap Plan.
Supplier	means a Carrier, Carriage Service Provider, telecommunications service providers or equipment suppliers which supply a public mobile telecommunication service to Customers.
You or Your	means the person who has contracted with JUST Mobile for the supply of the Services and where two or more persons have applied, means those persons jointly and severally.
Unsuccessful Call	means a call which is not successfully connected to a called number (a called number includes a number to which a called number diverts, which may also include connecting through a switch or PABX or similar system), including where: the called number is engaged, disconnected or out of order; the called number cannot be accessed using the Services; or there are network or other service failures that have caused temporary Interruptions to the Services.
Voicemail	means the service described in Appendix 1.
We/Our/Us	means Commoditel (Australia) Pty. Ltd. ACN 105 982 027
Website	means the JUST Mobile web site at www.justmobile.com.au as updated from time to time.

Appendix 1 -- Service Features

Caller ID (Calling Line Identification, CLI)
The CLI facility allows You to send Your MSN when making phone calls and to receive the phone number when called from a service which has the facility to send calling line identification (CLI). Your MSN will be sent with each call made using the Service unless the facility is blocked. If You do not block CLI in respect of calls made from Your Phone You agree that when a call is made from Your Phone Your MSN may be sent automatically to the equipment of the called party. This default service allows You to: identify an incoming caller by his/her phone number before You answer their call; and send Your MSN when You make a call. You agree that if a party calling Your Phone has not blocked CLI in respect of a call made from their equipment, the service number of the calling party may be displayed on the screen of Your Phone at the time the call is made. You may also be able to activate or de-activate the service through a function on Your Phone, if it has the necessary technical capability. You can block the facility for all calls made and received by disabling this function via Your phone or emailing care@justprepaidmobile.com.au and requesting the facility be blocked for the Service. You agree that when sending an SMS MO and/or MMS MO message, Your MSN or name may be sent automatically to the equipment of the called party and that Your MSN or name cannot be blocked in respect of such calls. A receiving party's phone equipment may not have the capability to display the MSN of the calling party despite the calling party's intention to transmit this information to the called party. If You are an unlisted customer, unlisted service information is marked and controlled in the integrated public number database (IPND) so that it is not disclosed, for example, to directory information organisations providing published directories or directory assistance services. The information held in the IPND may only be provided for an approved purpose to those approved data users such as directory information organisations or for the assistance of emergency service organisations or law enforcement agencies. You must contact JUST Mobile via e-mail at care@justprepaidmobile.com.au if You wish to have Your basic IPND data altered in any way.
Voicemail
Voicemail provides functionality similar to an answering machine. You can record a personalised greeting of up to 2 minutes long for callers to hear. Voicemail will store a maximum of 20 messages each up to 5 minutes long. There are four options when diverting a service to Voicemail. Conditional diversions based on: call not answered; number busy; or number not contactable (eg. out of range or turned off) or unconditional diversion based on: all calls. When a caller leaves a message on Your Voicemail, the Network will attempt to send a message waiting indicator to Your Phone (some older style phones may not support this indicator). If Your Phone is not within coverage or is turned off, the Network will continue to send the message waiting indicator for a period of up to 7 days or until the message wait indicator is received by the Phone. You can call in to listen to callers' messages at a convenient time. Voicemail messages are stored in Your Voicemail box for 7 days, whether heard or not heard. Voicemail provides the Voicemail Call Return which allows You to return a call without exiting the Voicemail box. Voicemail Call Return is only available when You access Your Voicemail box from Your Phone. This feature is based on the ability of the Voicemail box to capture the caller's telephone number; to record a number entered by the caller; and to allow You to enter a telephone number to return the call. The caller's telephone number will not always be captured by the Voicemail box including when: the caller's line has a temporary (call by call basis) or permanent (including a silent line or when the caller's Supplier does not provide the CLI facility) block on sending CLI; the call was an international call; the call was from a payphone; the number was overridden by a number entered by the caller. When the Voicemail Call Return call is completed, You are still connected to the Voicemail box and so can continue to access remaining Voicemail messages. Some numbers, including international numbers, 13, 1300, 1900 and emergency services numbers, when entered by the caller or You, will not be accepted as call return numbers.
SMS
SMS enables You to send short text messages, up to 160 characters in length, from Your Phone. This is technically known as Short Message Service 'Mobile Originated' (SMS MO) and generally as 'SMS'. You should note that Your MSN will be sent automatically as part of the SMS MO service. SMS messages can be sent and received by You in Australia on participating Suppliers' networks. The recipients of the SMS message must also be within coverage of their participating Supplier's network to receive the SMS message on the screen of their phone. If Your Phone is turned off, or out of coverage, the SMS message will be resent for up to 7 days, (after which it will be deleted) or until the message is received. The message is stored on the network for 7 days before it is deleted. There may be a delay between when an SMS message is sent and when it is received. You cannot send Web SMS, group SMS or e-mail SMS. Some older style phones may not support this feature (to either send or receive). All SMS messages are charged regardless of whether they are successfully delivered or not. It may take up to 8 days from the original send date for message charges to be applied. There is no charge to receive an SMS message other than for SMS 'Mobile Terminated' (SMS MT) messages which will be charged at the advertised rate set by the SMS MT provider. There may be a delay between when a message is sent and when it is received. JUST Mobile will not accept any liability for any loss or damage as a result of a delay in receiving a message, a message not being secure or not received. You indemnify JUST Mobile for any loss JUST Mobile may suffer in connection with SMS messages sent by You. You acknowledge that CLI cannot be turned off for SMS Services
Premium SMS
Premium SMS messages are messages that can be sent from SMS compatible handsets, for example to enter competitions. Premium SMS messages are charged at the advertised rate set by the Premium SMS provider. Access to Premium SMS messages are barred from the JUST Prepaid Cap Plan.
Call Hold and Call Wait
Call Hold/Wait allows You to put a caller on hold and either receive or make another call. You cannot speak with both callers at the same time (i.e. Conference calling is not available). The following codes are for activation/deactivation of Call Hold/Wait from Your Phone: Activate: *43#send Cancel: #43#send
MMS (Multimedia Messaging Service)
The MMS service provides You with the ability to send and receive MMS messages as a combination of text, photos, animations, video or sound on compatible phones. Not all MMS phones support all features of the service. MMS messages sent from MMS compatible phones are known as Multimedia Messaging Service 'Mobile Originated' (MMS MO). You should note that Your MSN may be sent automatically as part of the MMS MO service. To activate MMS, You must request WAP GPRS and record Your MSN on the MMS Profile Server. You must provision Your Phone to send and receive MMS. JUST Mobile cannot provision all MMS-capable phones for use on the Network and accepts no liability for inability to provision a phone for use with MMS. Customers who attempt to use MMS without following the activation process (e.g. by using a GPRS-enabled SIM card with an MMS compatible phone) may be charged for MMS messages whether the message is successfully delivered or not. Messages in MMS format can be sent and received between customers in Australia on the Network, if You have an MMS compatible phone and have activated MMS (MMS customers). MMS Customers can also send and receive messages in MMS format with people connected to most other mobile networks in Australia. MMS customers cannot send and receive messages in MMS format with other customers who do not have an MMS compatible phone and who are not activated for MMS or with people connected to mobile networks in Australia or overseas where there is no MMS interconnection arrangement in place. If You are a customer whose phone and service is provisioned for WAP GPRS, You can send MMS messages from Your Phone using Wireless Application Protocol (WAP). The form of content that can be sent is limited to text and photos. The ability to preview photos will depend on Phone functionality. If an MMS message is sent to a mobile phone that cannot receive the message in MMS format the recipient of the message will be sent a Short Message Service (SMS) message telling the recipient their message can be viewed on the internet. The recipient will need to have an SMS compatible phone and service to receive this message. The recipient can access the message via the website for up to 30 days before deletion by JUST Mobile. If Your Phone and service is provisioned for WAP GPRS, You can view MMS messages on Your Phone using WAP GPRS. Message recipients may not be able to view all components of the message (for example, they may only be able to view text in the message but not any images in the message). Such recipients will still be sent an SMS message allowing them to view their message on the internet as set out above. Recipients of MMS originating messages must be within the coverage of their participating supplier's mobile digital network to receive a MMS or SMS message on the screen of their phone. If a recipient's phone is turned off, or out of coverage, the MMS or SMS message will be resent for up to 7 days (after which it will be deleted) or until the message is received. There may be a delay between when a message is sent and when it is received. JUST Mobile will not accept any liability for any loss or damage as a result of a delay in receiving a message, a message not being secure or not received. You indemnify JUST Mobile for all loss JUST Mobile may suffer in connection with MMS messages sent by You. MMS can only be disabled by removing the MMS settings from Your Phone. JUST Mobile will not accept any liability for inability to disable MMS or for the removal of settings from Your Phone. JUST Mobile may discontinue, suspend or change MMS at any time. CLI cannot be turned off for MMS Services
GPRS WAP
GPRS WAP uses Wireless Application Protocol (WAP) to provide access from compatible Phones in Australia to some interactive information, email and services. Information will be sent to Your Phone by the General Packet Radio Service (GPRS). The service is only available if You have a Phone that can transmit and receive data in GPRS form. You should check with Your handset manufacturer if Your Phone is compatible. You must be in Network coverage to use GPRS WAP services. JUST Mobile gives no warranties about the accuracy, timing or currency of any information provided as part of this service. You should not rely on this information and should seek independent advice. You indemnify JUST Mobile against any loss or damage suffered or incurred, directly or indirectly, as a result of reliance upon any information received on the GPRS WAP service.
Directory Services
013 - National 011 - International Calls to 013 connect You to an operator who can search for a number on Your behalf. They may also be able to connect You to most publicly listed numbers in Australia. The operator will not be able to connect the call to some numbers, for example, 190, 13, 1300, 1800, 1223, other free call numbers and Dial IT Numbers (such as numbers for services like astrology phone lines).
Vodafone 123
Calls to 123 connect You to a Vodafone operator who can search for an answer to any question you put to them. They can answer trivia questions and recommend restaurants. Try them! They also provide directory assistance and You can request that the name and number be sent to Your Phone (if the Phone is capable of receiving the information). They can also through-connect you to a number that You request. When You call 123 and request to be connected to another number the chargeable duration of the 123 call includes the through-connected leg. The operator will not be able to connect the call to some numbers, for example, 190, 13, 1300, 1800, 1223, other free call numbers and Dial IT Numbers (such as numbers for services like astrology phone lines)

Appendix 2 -- Standard Rate Table

This Appendix specifies the rates associated with the Prepaid Plans:

JUST Prepaid 39c Plan (“Default Plan”) - when you purchase a Starter Pack you will automatically be connected to the Default Plan.
JUST Prepaid Cap Plan (“Cap Plan”) - you can change from the Default Plan to the Cap Plan at any time. Simply purchase a Recharge Voucher for the Cap Plan (e.g. $19, $29, or $39) and when you activate the Voucher you will automatically be switched to the Cap Plan. Changing back to the Default Plan is as simple as purchasing a Recharge Voucher for the Default Plan (i.e. $30, $50, or $100) and activating the Recharge Voucher.

Call Credits do not accumulate when switching between Prepaid Plans (i.e. switching from the Default Plan to Cap Plan; or Cap Plan to Default Plan) and any credit balance will be forfeited. Call Credits on the same Prepaid Plan accumulates up to the value specified in clause 22.7

This is the full table of rates and charges associated with JUST Prepaid. To learn about how prepaid works, click here.

Fees and charges are shown in Australian Dollars exclusive and inclusive of GST, exclusive first, then inclusive in brackets.

Click here to zoom to rates for international calls.

JUST Prepaid 39c Plan

Main charges - JUST Prepaid 39c Plan
Starter Pack - standard pack The standard price of the Starter Pack is shown here, however this may be modified through special offers available on the Website from time to time.	$4.55 ($5.00) (including delivery and $5.00 of Call Credits) OR $18.19 ($20.00) (including delivery and $20.00 of Call Credits)
Call Credit Expiry Date	Call credits expire after 180 days
Grace Period	30 days from date Your Account Balance reaches zero

Charges for the JUST Prepaid 39c Plan are charged per second, unless otherwise stated.


Local & National	35.5¢ (39¢) per minute charged per second. $0.00 flagfall on call connection
Mobile	35.5¢ (39¢) per minute charged per second. $0.00 flagfall on call connection
International Calls	The charges for international calls are specified in Appendix 3
SMS	18.2¢ (20¢) charge per message sent of up to 160 characters per recipient
SMS Delivery Report	4.5¢ (5¢) charge per delivery report
Voicemail Retrieval By dialling 121, a personalised Voicemail message service can be activated to take messages for You if You are unable to take a call. Voicemail can store up to 20 messages of up to 5 minutes per message. Played messages will be automatically saved for 7 days. Unplayed messages will automatically be deleted after 7 days. There are two methods of receiving that Voicemail message: You can dial 121 to retrieve any new Voicemail messages. As soon as You are in a mobile coverage area, the Voicemail message service will call You to let You know You have new Voicemail messages.	35.5¢ (39¢) per minute charged per second. $0.00 flagfall on call connection
Voicemail Deposit	No charge
Recharge line - 888	No charge
Last Three Calls line - 886	No charge
Account Balance line - 889	No charge
Customer Care line - 887	45.5¢ (50¢) flagfall on call connection
SMS Customer Care - 0406 711 887 (SMS only)	18.2¢ (20¢) charge per message sent of up to 160 characters
Emergency calls to 000 and 112	No charge

Special numbers
Calls to telephone numbers starting with '13' and '1300' (unless otherwise stated)	35.5¢ (39¢) per minute charged per second.
Calls to telephone numbers starting with '1800', and the Telstra International Free Phone Number 0011 800, or 0014 800 (unless otherwise stated)	10¢ (11¢) per 30 seconds. $0.00 ($0.00) Flagfall on call connection
Calls to the Telstra Satellite Service - ITERRA	31.8¢ (35¢) per 30 seconds. $0.00 ($0.00) Flagfall on call connection
Calls to Ships at sea	$8.37 ($9.21) per minute. $0.00 ($0.00) Flagfall on call connection

Service features available
Directory Assistance & enquiries - 013, 118, 011, 1225, 12455 International Directory Assistance & enquiries - 011, 1223, 0103	$0.00 ($0.00) per second plus $1.50 ($1.65) Flagfall on call connection
123 Assistance - a Vodafone Product By dialling 123 from Your Phone a Vodafone assistant will endeavor to provide You with any information You need. When You call Vodafone 123 and request to be connected to another number the chargeable duration of the 123 call includes the through-connected leg.	50¢ (60¢) per 30 seconds plus $0.90 ($0.99) Flagfall on call connection
MMS Send digital photos from Your MMS Capable Phone to any MMS capable phone or any email address. Receive digital photos on Your MMS Capable Phone sent from any MMS Capable phone or any email address.	$0.681 ($0.75) per message per recipient, whether or not successfully delivered.
Premium SMS Send Premium SMS messages from Your Phone to: enter JUST Mobile or third party promotions, competitions and vote in polls; or use third party messaging applications e.g. ICQ, MSN messaging. Receiving confirmation TXT messages in relation to competitions and voting polls You have entered.	Charged at the advertised rate set by the Premium SMS provider.
SMS Mobile Terminated You may be able to subscribe to certain third party services that send you SMS messages that are charged to Your Account when You receive them.	Charged at the advertised rate set by the SMS provider.
WAP GPRS	Rate: $1.00 per 5 minutes, minimum session of 5 minutes

Miscellaneous charges
SIM card Replacement Fee Replacement Fee for JUST Mobile prepaid mobile SIM card	For replacement of a faulty SIM card, the charge is free. For all other replacements of SIM Cards including for the replacement of a lost or stolen SIM the charge is $4.55 ($5.00)
Number Swap Fee, for reasons other than harassment	$63.18 ($69.95)
Number Swap - Gold Number	$250.00 ($275.00) + transfer fee $18.18 ($20.00)
Number Swap - Silver Number	$50.00 ($55.00) + transfer fee $18.18 ($20.00)
Dishonour fee (where Your credit card or direct debit payment is dishonoured)	$20.00 ($22.00)

JUST Prepaid Cap Plan

Main charges - JUST Prepaid Cap Plan
Starter Pack - standard pack (Recommended Retail Price) The standard price of the Starter Pack is shown here, however this may be modified through special offers available on the Website from time to time.	$4.55 ($5.00) (including delivery and $5.00 of Call Credits on the Default Plan)
Call Credit Expiry Date	Call credits expire after 30 days
Grace Period	30 days from date Your Account Balance reaches zero

Charges for the JUST Prepaid Cap Plan are charged per thirty (30) seconds, unless otherwise stated.


Local & National	35.5¢ (39¢) per thirty seconds charged in thirty second billing increments. 27.3¢ (30¢) flagfall on call connection
Mobile	35.5¢ (39¢) per thirty seconds charged in thirty second billing increments. 27.3¢ (30¢) flagfall on call connection
International Calls	The charges for international calls are specified in Appendix 3
SMS	18.2¢ (20¢) charge per message sent of up to 160 characters per recipient
SMS Delivery Report	4.5¢ (5¢) charge per delivery report
Voicemail Retrieval By dialling 121, a personalised Voicemail message service can be activated to take messages for You if You are unable to take a call. Voicemail can store up to 20 messages of up to 5 minutes per message. Played messages will be automatically saved for 7 days. Unplayed messages will automatically be deleted after 7 days. There are two methods of receiving that Voicemail message: You can dial 121 to retrieve any new Voicemail messages. As soon as You are in a mobile coverage area, the Voicemail message service will call You to let You know You have new Voicemail messages.	35.5¢ (39¢) per thirty seconds charged in thirty second billing increments. 27.3¢ (30¢) flagfall on call connection
Voicemail Deposit	No charge
Recharge line - 888	No charge
Last Three Calls line - 886	No charge
Account Balance line - 889	No charge
Customer Care line - 887	45.5¢ (50¢) flagfall on call connection
Emergency calls to 000 and 112	No charge

Special numbers
Calls to telephone numbers starting with '13' and '1300' (unless otherwise stated)	35.5¢ (39¢) per thirty seconds charged in thirty second billing increments. 27.3¢ (30¢) flagfall on call connection
Calls to telephone numbers starting with '1800', and the Telstra International Free Phone Number 0011 800, or 0014 800 (unless otherwise stated)	10¢ (11¢) per 30 seconds. $0.00 ($0.00) Flagfall on call connection
Calls to the Telstra Satellite Service - ITERRA	35.5¢ (39¢) per thirty seconds charged in thirty second billing increments. 27.3¢ (30¢) flagfall on call connection
Calls to Ships at sea	$18.18 ($20.00) per sixty seconds. 27.3¢ (30¢) Flagfall on call connection

Service features available
Directory Assistance & enquiries - 013, 118, 011, 1225, 12455 International Directory Assistance & enquiries - 011, 1223, 0103	35.5¢ (39¢) per thirty seconds charged in thirty second billing increments. $2.36 ($2.60) Flagfall on call connection
123 Assistance - a Vodafone Product By dialing 123 from Your Phone a Vodafone assistant will endeavor to provide You with any information You need. When You call Vodafone 123 and request to be connected to another number the chargeable duration of the 123 call includes the through-connected leg.	$1.59 ($1.75) per 30 seconds plus $3.18 ($3.50) Flagfall on call connection
MMS Send digital photos from Your MMS Capable Phone to any MMS capable phone or any email address. Receive digital photos on Your MMS Capable Phone sent from any MMS Capable phone or any email address.	$0.455 ($0.50) per message per recipient, whether or not successfully delivered.
Premium SMS Send Premium SMS messages from Your Phone to: enter JUST Mobile or third party promotions, competitions and vote in polls; or use third party messaging applications e.g. ICQ, MSN messaging. Receiving confirmation TXT messages in relation to competitions and voting polls You have entered.	Not available under this Plan.
SMS Mobile Terminated You may be able to subscribe to certain third party services that send you SMS messages that are charged to Your Account when You receive them.	Not available under this Plan
WAP GPRS	Rate: $1.00 per 5 minutes, minimum session of 5 minutes

Miscellaneous charges
SIM card Replacement Fee Replacement Fee for JUST Mobile prepaid mobile SIM card	For replacement of a faulty SIM card, the charge is free. For all other replacements of SIM Cards including for the replacement of a lost or stolen SIM the charge is $4.55 ($5.00)
Number Swap Fee, for reasons other than harassment	$63.18 ($69.95)
Number Swap - Gold Number	$250.00 ($275.00) + transfer fee $18.18 ($20.00)
Number Swap - Silver Number	$50.00 ($55.00) + transfer fee $18.18 ($20.00)
Dishonour fee (where Your credit card or direct debit payment is dishonoured)	$20.00 ($22.00)

Not included in Prepaid Cap Plan:

Premium SMS services
Premium numbers
International roaming
National roaming
Content purchases
Mobile commerce transactions
Call screen

Appendix 3 - International & Satellite Direct Dial Call Charges

JUST Prepaid 39c Plan

Country	Country code	Per minute (inc. GST)
Albania	355	$0.99
Algeria	213	$0.99
Andorra	376	$0.39
Angola	244	$0.99
Anguilla	1264	$0.99
Antarctica	672	$2.99
Antigua & Barbuda	1268	$0.99
Argentina	54	$0.39
Armenia	374	$0.39
Aruba	297	$0.39
Ascension	247	$0.99
Austria	43	$0.39
Azerbaijan	994	$0.39
Bahamas	1242	$0.99
Bahrain	973	$0.39
Bangladesh	880	$0.39
Barbados	1246	$0.99
Belarus	375	$0.39
Belgium	32	$0.39
Belize	501	$0.99
Benin	229	$0.99
Bermuda	1441	$0.99
Bhutan	975	$0.99
Bolivia	591	$0.99
Bosnia Herzegovina	387	$0.39
Botswana	267	$0.99
Brazil	55	$0.39
Brunei	673	$0.39
BT Geoverse Service	88210	$0.39
Bulgaria	359	$0.99
Burkina Faso	226	$0.99
Burma (see Myanmar)	-
Burundi	257	$0.99
Cambodia	855	$0.39
Cameroon	237	$0.99
Canada	1