Introduction
These are the terms and conditions of Kangaroo Telecom Pty Ltd ABN 84 628 098 966 (‘we’, ‘us’, etc) for all mobile communications goods and services that we supply branded Telsim. Telsim uses the Telstra Wholesale Mobile Network.
This document states the standard terms and conditions for the supply and use of the Telsim mobile telephone service. The documents that form this agreement are Application Form (made over the internet, by telephone or on a paper), Website Terms and Conditions and Price Table as mentioned in the Critical Information Summaries.
Agreement
An agreement is made between a Customer and Telsim when a customer registers or activates an Account, uses our services, and we will provide access to the Network as soon as we can so that provision of the services can start. The service can be cancelled at any time, and this Agreement will come to an end as soon as the terminating party’s remaining obligations are met. If you acquire more than one service from Telsim, then each service will be provided under the terms and conditions of the standard form of agreement for that service.
Changing the contract
- Telsim may change the contract by complying with telecommunications legislation and, in those circumstances set out in the agreement only. Telsim retain the right to change your plan if we seem it will be favourable to our clients.
- Telsim will give you at least 21 days’ notice by mail before we make a change to the contract. Telsim can change the Agreement without telling you about a reduction in price for any part of the service, or if a new service function becomes available.
Collecting and using Personal Details
- Telsim may gather personal details directly from you, from our own records, or from a contact detail of third parties. Telsim may not be able to supply the products or provide you with services until and unless you share your personal details for our future references. Telsim will deliver our products or services to you efficiently and to the best of our ability.
- Telsim may gather personal details directly from you, from our own records, or from a contact detail of third parties. Telsim may gather details from various sources such as your contact us via telephone, e-mail, fill in application forms and products purchased from Telsim. We may collect personal information from third parties such as credit reporting agencies, government agencies and sources that are publicly available.
- These Terms and conditions are governed by the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State. Telsim acknowledges and respects the privacy of our valued customers and is committed to handling your personal details in line with the Privacy Act 1988. Please go to legals or contact us for detailed report on our Terms and Conditions.
Using the service
- Telsim uses the Telstra Wholesale Mobile Network. We are responsible for the provision of the service to you and supply the service using a network operated by our carrier, Telstra Corporation Limited. We are not affiliated with or related to the carrier.
- To ensure that every customer has access to the services they require, Telsim has adopted Fair Use Policy to prevent unreasonable or excessive usage of our Services. This Fair Use Policy applies in relation to the use of any Service provided by Telsim.
- We may ask you to stop doing something which we reasonably believe is prohibited by this Agreement. If you do not comply with our request within two business days, we or our supplier may take all reasonable steps to ensure compliance, including suspending or cancelling the services without further notice to you.
- You agree not to use the SIM Card or the services and not to permit another person to use your SIM Card or the services for fraudulently or in connection with a criminal offence.
- If, post reaching the levels of usage mentioned against your tariff plan in the FUP policy, your excessive or unreasonable use continues, Telsim may suspend the service, or terminate your agreement out further notice to you.
- When you use the Telsim service, it is your responsibility to obey with any rules imposed by any third party whose content or service you access using the service or whose network your data compress.
Change of Details and Ownership Transfer
Termination by Telsim
Telsim may terminate a contract or suspend or limit your services if any of the following circumstances apply:
- You are in material breach of the Agreement or subject of an Insolvency Event.
- Continuing the service becomes technically unavailable and you use the service in a way that places unreasonable demand on Telsim’s Network.
- You intimidate, abuse, insult, harass or threaten any staff member, or those of our partners or suppliers, by any means.
- There is unusual activity on your service and/or activity that does not appear to be commensurate with personal use;
- We reasonably believe that, or we are informed by law enforcement authorities that they believe, the identification evidence provided by you in connection with the Service is incorrect, false or inadequate or that a request to activate or terminate a service has not been authorised by you.
- You transfer your SIM card to another party without obtaining our consent, or do not provide sufficient details of the identity of the other party.
- You engage in fraudulent Recharge behaviour.
- Your Service may be permanently cancelled (which may result in permanent loss of the phone number of your Service), if you do not recharge your mobile number after the validity expiry date within the next 120 days (Additional Period). We may send you a cancellation alert but we are not obliged to.
Application and Transfer Process
Commencement of the service starts on the date your nominated communications service(s) is successfully connected with us. (Telsim reserve the right to process or reject your request).
Transferring your mobile number from existing to Telsim is simple using Mobile Number Portability (MNP) service. The porting process takes approximately four to seven business days to complete.
If you wish to transfer your services from another Supplier (‘Previous Supplier’) to Telsim, it is your responsibility to determine whether your contract with your Previous Supplier imposes any restrictions, costs or associated charges in transfer.
Summary of our Port in and Port Out Policy is available here .
Databank
Unused data excluding Promo/Bonus/Gift Data/Data only plans will rollover into Data Bank with a max limit of 500 GB. Data Bank Data will only be used once you have exceeded your monthly Data allowance. Your unused and accumulated data will be forfeited, if you do not recharge within 24 hours of expiry with an equal or higher Plan. You’ll also forfeit your data if you downgrade the plan.
Billing and Payments
You can enable auto recharge and update your payment method on your account page in Telsim. We accept all major credit and debits cards including AMEX.
If any new tax or government impost is introduced, or if the rate of any existing tax is changed, which applies directly to the price of goods or services, we will make appropriate adjustments to the fees and charges in the Critical Information Summary or Pricing Table.
If you have made any payment to us using a credit or debit card, if your payment is later cancelled, reversed disputed or (if you are not the Card Holder) reported as unauthorised, we may (at our option):
- cancel all your remaining credits for that Service; and/or
- require you to pay (as per the Rate Tables) for the Service you have used before cancellation; and/or
- decline to provide you with further Services until such payment has been made; and/or
- suspend your Service until a payment method acceptable to us has been provided.
- Terminate your service if you fail to provide an alternate payment method or repay the recharge.
Our product prices may be different in retail stores compared to product prices mentioned in Telsim website.
Summary of our Billing and Payment Policy is available here.
Liabilities & Warranties
- Telsim does not warrant that the services will be free of blockages, delays, errors and/or faults.
- Except as required by law, all terms, conditions, warranties, undertakings, inducements and/or representations relating to the provision of services by Telsim to you are excluded.
- In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. Telsim will then be able to block the use of your SIM Card on the Network and other Australian GSM networks. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.
- Telsim has the rights and obligation to its customer under the laws of Australia that bind us including: Telecommunication legislation, The Fair-Trading Act 1989, and other applicable laws, regulations and code.
- Nothing in our Customer Terms excludes or limits the operation of the Consumer Guarantees or any other rights or remedies that, by law, cannot be excluded. We exclude all liability arising under or in connection with our Customer Terms, Your Contract or the Service whether direct, indirect or consequential and whether arising under common law, statute or otherwise, and whether or not of a kind of which we are or should be on notice.
Complaint Handling Policy
Telsim seeks to maintain and enhance our reputation of providing you with high quality products and services. We value complaints as they assist us to improve our products, services and customer service.
Telsim is committed to being responsive to the needs and concerns of our customers or potential customers and to resolving your complaint as quickly as possible. Summary of our complaint handling process is available here.
Whole agreement
These terms and conditions represent the whole agreement between you and Telsim concerning your use and access to Telsim’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the. Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Jurisdiction
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Telsim that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.
Contact Us
Note : If you have activated your Telsim service before 1 November 2021, please refer your Standard form of Agreement here.
