Definitions for this agreement
Each of the following capitalised terms have the corresponding meaning in these General Terms and Conditions.
Account means, in respect of an Account Holder and the provision of Services to an End User, the account established on behalf of that Account Holder on Our (and Our third-party suppliers) systems for the provision of such Services to that End User.
Account Holder means, in relation to an Application Form accepted by Us and the SIM allocated pursuant to that acceptance, the person who completed that Application Form (or on whose behalf that Application Form was completed).
Account Portal means, in respect of an Account Holder, the online account available through the TR4K Website (or such other technological means that We make available to You from time to time) and established by, or on behalf of, that Account Holder.
Affected Obligations has the meaning given in Section 11.
Agreement has, in relation to an Account Holder, the meaning given in Section 1.
Agreement Start Time has the meaning given in Section 1.
Anytime Termination Right has the meaning given in Section 5.
Anytime Termination Right Conditions means:
Application Form means the online application form for the purchase of one or more goods and services provided online through the TR4K Website.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) (and similar State- based consumer laws).
Billing Cycle has the meaning given in the Mobile Service Terms.
Complaints Policy means the policy so entitled, as amended from time to time and provided in a link at the commencement of this Agreement.
Cooling Off Period and Cooling Off Right has the meaning given in Section 8.
Credited Account has the meaning given in Section 5.
Critical Information Summary has the meaning given in the Mobile Service Terms.
Customer Care Team means Our Customer Care Team, contactable in accordance with clause.
End User means, at any time in relation to an Account:
Fair Go Policy means the policy so entitled, as amended from time to time and provided in a link at the commencement of this Agreement.
Financial Hardship Policy means the policy so entitled, as amended from time to time and provided in a link at the commencement of this Agreement.
General Terms and Conditions has the meaning of this document and forms the basis of Our Standard Form of Agreement,
Late Payment Fee means each late payment fee incurred as a result of non-payment of any amount You owe to Us (other than where We have agreed a payment plan with You in respect of such overdue amounts), which shall be calculated as set out in the relevant Critical Information Summary.
MMS has the meaning given in the Mobile Service Terms.
Mobile Number Pre-porting Additional Identity Verification has the meaning of a sent one-time verification code via SMS as an identity verification method when porting in customers mobile numbers for pre and post-paid mobiles.
Mobile Phone number has the meaning given in the Mobile Service Terms.
Mobile Service Terms means the named document as amended from time to time and provided in a link at the commencement of this Agreement.
Network has the meaning given in the Mobile Service Terms.
Nominated Card means, at any time in respect of an Account and the relevant Account Holder, the credit card or debit card nominated by that Account Holder from time to time for the payment of all amounts owing by that Account Holder in respect of the relevant Account.
Nominated Card Holder means in respect of a Nominated Card, the account holder in respect of that Nominated Card.
TR4K Credit has the meaning given in clause 5.
TR4K Website means the website with the following URL address; rent4keeps.com.au.
TR4K Welcome Pack means, in relation to an Application Form that has been approved by Us, the goods (including the Mobile Device purchased by You and a SIM allocated to the relevant Mobile Service) sent to the nominated delivery address.
Outstanding Balance has the meaning given in the Mobile Device Terms.
Payment Date has the meaning given in the Mobile Service Terms.
Personal Information has the meaning given under the Privacy Act.
Privacy Act means Privacy Act 1988 (Cth).
Privacy Policy means the policy so entitled, as available on the TR4K Website from time to time.
Processing Period has the meaning given in the Mobile Service Terms.
SIM has the meaning given in the Mobile Service Terms.
SMS has the meaning given in the Mobile Service Terms.
Standard Form of Agreement has the meaning of this Agreement.
TR4K Credit has the meaning given in Section 5.
TR4K Get You Started Kit means, in relation to an Application Form that has been approved by Us, the goods (a SIM allocated to the relevant Mobile Service) sent to the nominated delivery address.
TR4K Website means the website with the following URL address: rent4keeps.com.au.
TR4K Get You Started Kit means, in relation to an Application Form that has been approved by Us, the goods (a SIM allocated to the relevant Mobile Service) sent to the nominated delivery address.
We, Us and Our are references to TR4K, a divisions of Rent4Keeps (Aust) Pty Ltd, ACN 006 507 81.
You and Your are references to the Account Holder who contracts with Us for a Mobile Service (and, where the context requires, includes the End User, where such service is to be used by an End User who is not the Account Holder).
Section 1: What Your Agreement looks like
Our Agreement and these General Terms and Conditions
This document is referred to as the “General Terms and Conditions” and forms the basis of Our Standard Form of Agreement, setting out the general terms and conditions applicable in respect of services We provide in connection to the Mobile Services that You may offer to purchase.
Each of the following documents constitutes Our “standard form of agreement” for the purposes of section 479(2)(b) of the Telecommunications Act 1997:
in each case, as amended from time to time (together, the Standard Form of Agreement).
What makes up Your Agreement?
The agreement applicable to Your use of the Mobile Service, as applicable (Agreement) consists of:
Agreement Start Time – when You become bound
You acknowledge that We:
If We accept Your Application Form, Your Agreement begins at the time We accept Your Application Form (the Agreement Start Time ).
Term of the Agreement
There is no minimum term in respect of this Agreement, which will continue until it is terminated in accordance with its terms.
You may terminate this Agreement at any time in accordance with Section 5.
Changes to the Agreement
For various reasons (including the management of Our liability under agreements with Our suppliers, increases in costs and expenses that are beyond Our control and Our exposure to various risks (including regulatory, reputational and operational risks)), from time to time We may need to change one or more of the documents comprising the Agreement.
Changes made pursuant to above clause may impact Your Agreement. However, as Your ongoing satisfaction is important to Us, We will always endeavour to act reasonably, and We have also given You the Anytime Termination Right.
Notice period for changes to the Agreement
To the extent that We believe that changes to the Agreement will:
Where a change is required without delay to comply with laws and regulations, or We believe the changes are necessary for security, fraud prevention or technical reasons, We cannot ensure that We will be able to notify You before We make such changes (but We will let You know as soon as reasonably possible).
Without limiting Your rights to terminate after changes take effect, in relation to changes in respect of which We have given You reasonable prior notice, unless You terminate before those changes take effect, You will be deemed to have accepted those changes upon their taking effect.
Section 2; Your rights under the Australian Consumer Law
Under Australian law, You have certain rights (including a refunds) that cannot be limited or excluded (and nothing in this Agreement seeks to limit or exclude any of those rights).
Section 3: What You must and must not do
What You must do
By submitting Your Application Form, You acknowledge that We may be required to keep Our suppliers updated as to certain customer information, and You agree to:
3.1.2 By submitting Your Application Form, You confirm to Us that You have authority to:
and that You are not engaging in any unlawful or unauthorised conduct (and You indemnify Us for any such unlawful or unauthorised conduct).
What You must not do
You must not at any time:
Section 4: How We will communicate with You
We may contact You using:
Mobile Number Pre-porting Additional Identity Verification
All customers will receive a one-time verification code via SMS post of other identity verification methods when porting in a mobile number for pre and post-paid mobiles. Until the pin is verified the port will not progress with any actions. Any delay in responding to this one-time verification code will delay the process of porting any service.
If a customer believes that there has been fraudulent activity in the porting of their mobile number we ask that they immediately contact Our customer care number on 1300 76 30 20 and provide all details. We will respond to these enquiries with the utmost urgency.
Section 5: Termination
Termination by You
You have the right to terminate this Agreement at any time (the Anytime Termination Right), with such termination taking effect in accordance with Section 5.
You may exercise the Anytime Termination Right by notifying Us by contacting Our Customer Care Team
Should You exercise the Anytime Termination Right:
Termination by Us
Without limiting any other cancellation rights under this Agreement, We may terminate this Agreement immediately if:
We may also terminate this Agreement on reasonable prior notice if:
Consequences of termination
Following termination of this Agreement, neither You nor an End User will be able to use:
Section 6: Payments, fees and TR4K Credits
Payments automatically deducted
We assess all Application Forms on their merit and provide payment deductions from authorised government benefits in fortnightly payment cycles.
We will, in respect of all payments due in connection with this Agreement, attempt to automatically deduct such payment on the following dates:
Credit and debit card payments
You represent and warrant to Us in respect of each Nominated Card that You are either:
You acknowledge that We may assume that a person is the Nominated Card Holder where that person supplies Us with the following details:
We may disclose (and You consent to such disclosure) to each Nominated Card Holder details of any payments applied to the relevant Nominated Card in respect of the relevant Account (including the time, date and amount of any payment, the personal details of the relevant Account Holder and/or End User for that Account).
In respect of each Nominated Card, We (or Our suppliers) may perform a pre-authorisation transaction against Your Nominated Card for a nominal amount (for example, $1.00). This transaction may appear as a pending transaction against the Nominated Card but will be removed shortly after (and typically within 10 business days). Please contact Our Customer Care Team if such transaction has not been removed within that period.
Late and dishonoured payments
If Your Account goes into arrears (that is, We have been unable to collect the full amount of a payment that has fallen due), We may charge Late Payment Fees.
To avoid the application of any Late Payment Fee and any interruption of any Services, You acknowledge that:
To assist You to manage Your Account (to avoid going into arrears, receiving any Late Payment Fees and any resulting interruptions to any Services), We will send You various notifications from time to time to help You keep on top of payments and the balance on Your Account.
Limitations on Services and Mobile Devices when in arrears
If, notwithstanding Our notifications to You (and the End User, if that is not You) and Our attempts to collect overdue payments, Your Account remains in arrears, We may limit the Services being provided to You (for example, by barring and/or disconnecting the Mobile Service in respect of that Account pursuant to clause 11.2.1(g) of the Mobile Service Terms); and/or
We will always use reasonable endeavours to notify You several times before We impose any interruptions on the Services We provide to You, (including, where appropriate, the reporting of any suspected criminal or fraudulent behaviour to the relevant law enforcement agencies), but it is Your responsibility to ensure that Your Account is not in arrears and does not go into default (except where the circumstances are beyond Your control, for example, due to administrative and technical errors for which You are not responsible).
Subject to Your rights under the Australian Consumer Law, to the maximum extent permitted by law, We accept no liability in connection with any decision to so limit Your Services or the use of a relevant Mobile Device, or to report certain suspected behaviour, in accordance with this Agreement.
TR4K Credits
We may, in Our absolute discretion, from time to time apply credits towards Your Account (each such credit being a TR4K Credit).
You acknowledge that such TR4K Credits:
Section 7: Personal Information and Privacy Policy
You acknowledge that We (or Our suppliers on Our behalf) will collect, store, use, disclose and otherwise handle certain Personal Information about You.
We collect Personal Information about You in order to assess Your Application Form, provide You with a Mobile Services, process payments in connection with Your Mobile Service, contact You in connection with this Agreement as needed, deal with any enquiries You submit to Us, and for purposes otherwise set out in Our Privacy Policy.
The information You provide may be disclosed to the Integrated Public Number Database, emergency services and third parties that help Us deliver Our products and services (including Our Network carrier, information technology suppliers, communication suppliers, professional advisers and Our business partners) or as required by law. If You do not provide this information, We may not be able to provide a Mobile Service to You.
We may disclose Your Personal Information to recipients that are located outside of Australia, including to cloud service providers, software support vendors, offshore processing providers, professional advisers, and third parties in respect of any financing or mergers and acquisitions (and similar) transactions who may be located in various countries, including China, countries within the European Union, India, Japan, Malaysia, New Zealand, Philippines, Singapore, the United Kingdom and the United States of America.
The manner in which Personal Information is collected, used, stored, disclosed and otherwise handled by Us (or Our suppliers on Our behalf) is as set out in the Privacy Policy. Our Privacy Policy also explains:
If You would like any further information about the Privacy Policy or Our practices in this regard, please contact Our Customer Care Team. By providing Your Personal Information to Us, You consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this collection notice.
You acknowledge that We may, to protect Our legitimate financial interests (and to manage Our credit and fraud risks), provide “default information” (as defined in the Privacy Act) to any “credit reporting bodies” (as defined in the Privacy Act) in accordance with any applicable laws and regulations and Our Privacy Policy, and that, to the extent permitted by law, We exclude any liability for disclosing such information, other than to the extent that We are in breach of any applicable laws and regulations, and You provide Your consent to such disclosure.
Section 8: Cooling Off Period
We are confident that You will see value in the Mobile Service Plan You purchase from Us, but If You are not satisfied, You may at any time within 28 days of the Cooling Off Period, contact Our Customer Care Team to terminate the Mobile Service Plan in accordance with the Mobile Service Terms (such that no further amounts will be payable), in accordance with this clause (the Cooling Off Right). As this is a pre-paid service, the Mobile Service Plan will be cancelled and no further payment taken.
If You exercise the Cooling Off Right with respect to the Mobile Service Plan, the Cooling Off Right does not limit the rights that may be available to You under the Australian Consumer Law.
Section 9: Customer complaints and financial hardship
Customer complaints
If You have a complaint about Your Mobile Service, You can contact Our Customer Care Team and they will handle Your complaint in accordance with Our Complaints Policy.
Financial hardship
If at any time You believe You are in a situation of financial hardship, We invite You to contact Our Customer Care Team to discuss Your situation confidentially, and to see if You qualify for assistance in accordance with Our Financial Hardship Policy.
Section 10: Exclusion of liability
Without limiting Your rights under the Australian Consumer Law, and to the maximum extent permitted by law, We exclude all liability for any loss to the extent caused or contributed to by the Account Holder or any relevant End User (including as a result of any act or omission of such Account Holder or End User).
Section 11: Common terms
Transfer of this Agreement by Us
You acknowledge that We may:
Unless You consent otherwise, any novation must be on terms and conditions no less favourable to You than the terms and conditions of this Agreement in force immediately before that novation and You agree to cooperate with Our reasonable requests in connection with such novation.
No transfer of this Agreement by You
You may not assign or novate any or all of Your rights and obligations under this Agreement (unless We provide Our prior written consent in Our reasonable discretion).
Notices
You acknowledge that any notice We may or are required to provide under or in connection with this Agreement may be sent by Us to You via:
No waiver
No failure or delay to exercise any right under this Agreement constitutes any waiver of that right (except to the extent that such right is waived expressly in writing).
Events outside of Our control
By submitting Your Application Form, You acknowledge that certain events may not be within Our control and may affect Our ability to perform Our obligations under this Agreement (including the supply of the Mobile Service) (such obligations being Affected Obligations).
To the extent permitted under the Australian Consumer Law, We will not be liable for Affected Obligations, however We will use reasonable endeavours to notify You of such event (and We will endeavour to provide You with prior notice, if reasonably practicable to do so).
Severability
The invalidity or unenforceability of any provision (or any part thereof) of this Agreement will not affect or prejudice the validity or enforceability of the remainder of this Agreement.
Governing law
This Agreement is governed by the laws of the Commonwealth of Australia and the laws of the Australian State or Territory in which You were normally residing at the time this Agreement is entered into between each of You and Us.
Each of You and Us submits to the exclusive jurisdiction of the courts of the Commonwealth of Australia, its States and Territories.
Survival
Each of the following clauses survives termination of this Agreement:
Section 12: How to get help
If You need or would like to discuss any aspects of this Agreement) then please contact Our Customer Care Team:
CRITICAL INFORMATION SUMMARY
This summary contains key information about our simple, flexible mobile plans (“Mobile Plans”) and will help you get what’s best for you from TR4K.
Overview of Mobile Service
This is a residential grade, SIM-only, pre-paid Mobile Service Plan, which gives you access to part of Telstra’s 4G and 3G mobile network, a mobile phone number, and lets you make and receive calls, send and receive messages, and have access to mobile data within Australia.
What’s included
Calls within Australia
With your plan allowance you can make unlimited standard national calls to fixed and mobile numbers within Australia, including unlimited standard SMS and photo MMS, voicemail retrieval, and calls to 1800 and 13xx numbers.
Mobile data
Unused data expires each month and cannot be used while roaming overseas. You will be sent SMS alerts in near real-time when you reach 50%, 85% and 100% of your Monthly Data allowance.
If you exceed your included value, you will be charged $10.00 per 1GB block up to a maximum of five blocks (a total of 5GB/$50.00). If you exceed your included value and your maximum of five 1GB blocks, your data will be capped and no more mobile data will be available until you roll over into the next billing period.
What’s not included
Your unlimited included value cannot be used for making calls and sending SMS/MMS to international numbers, video MMS, calls to satellite numbers, and other assistance and special numbers. These will incur excess usage charges to your bill. Calls and SMS/MMS to premium numbers (e.g. 19xx numbers), Sensis calls or other content charges (including third party charges) are barred.
Your included call and data value do not include usage while you are overseas. International roaming is NOT available on this service, so you will not be able to use this service when travelling overseas.
Your TR4K Mobile Service Plan does NOT include a mobile phone handset. It is your responsibility to ensure that your device is not network locked and is compatible with this service. TR4K takes no responsibility if your handset is locked or is incompatible with this service. Please note that Telstra Pre Paid handsets locked to Telstra will NOT work with this service unless unlocked.
Information about pricing
The minimum charge will be vary depending on one of the four available plans selected:
The below plans have a 28-day pricing cycle. The payment cycle will be as you have chosen which is either;
Mobile plans available for your consideration
Plan 01 | Plan 02 | Plan 03 | Plan 04 | DATA TOP-UP | |
TR4K Fortnightly Charge based on a 28-day cycle | $15.00 | $20.00 | $25.00 | $30.00 | $10.00 |
National Voice and SMS Inclusions | Unlimited* | Unlimited* | Unlimited* | Unlimited* | – |
Data Inclusions | 5GB | 25GB | 40GB | 55GB | 1GB |
IDD Inclusions | – | Unlimited* to 10 destinations. Refer table 1. | Unlimited* to 10 destinations. Refer table 1. | Unlimited* to 10 destinations. Refer table 2. | – |
VAS Inclusions | $2 | $3 | $4 | $5 | |
Expiry | 28 days | 28 days | 28 days | 28 days | In line with underlying plan. |
Table 1: Unlimited call destinations are: Canada, China, Germany, Hong Kong, India, New Zealand, South Korea, United Kingdom and the USA. |
Table 2: Unlimited call destinations are: Bangladesh, Canada, China, Germany, Hong Kong, India, Indonesia, Ireland, New Zealand, Pakistan, Singapore, South Korea, Thailand, United Kingdom and the USA. |
* Fair Go Policy applies
Method of Payment
As this is a pre-paid Mobile Service Plan TR4K, based on the merit of the Application Form, will provide coverage to low income, unemployed and single parent applicants as well as government assisted payment beneficiaries.
TR4K advises that all payment deductions from authorised government benefits will be in fortnightly payment cycles.
Payment can also be made using your nominated credit or debit card supplied at the time of application.
Early Termination Fee
There is no Early Termination Fee (ETF) and the minimum term is one 28-day pricing cycle. This service can be cancelled at any time. The amount owing for a cancelled service will be the cost of any usage incurred up until the time of cancellation plus the minimum 28-day pricing cycle charge. No pro-rata credits or refunds are offered for cancelled accounts.
Cancellation
If you place an order for a Mobile Service Plan and cancel the order, no refund will be provided once you have received notification that the SIM card has been shipped.
Mobile Number Pre-porting Additional Identity Verification
All customers will receive a one-time verification code via SMS post of other identity verification methods when porting in a mobile number for pre and post-paid mobiles. Until the pin is verified the port will not progress with any actions. Any delay in responding to this one-time verification code will delay the process of porting any service.
If a customer believes that there has been fraudulent activity in the porting of their mobile number We ask that they immediately contact Our customer care number on 1300 76 30 20 and provide all details. We will respond to these enquiries with the utmost urgency.
Also:
in the event a customer suspects that their mobile service number has been fraudulently ported they should immediately report the activity to:
Note: At the time of making this industry standard, these kinds of services included Scamwatch and IDCARE
Porting your mobile number
If you are porting in a mobile service, in accordance with Clause 3.6.2 of the MNP industry code: Subject to Clause 3.6.3, the Losing Mobile Carrier must meet the end to end performance level of completing 90% of Ports within three (3) Standard Hours of Operation and 99% of Ports within two (2) Business Days.
Can I change my Mobile Plan?
You can change your Mobile Plan (up or down) once during each 28-day billing cycle. Such change will take effect on the next billing date.
Other information
If you have any questions, we encourage you to contact us on;
Telephone |
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Customer Care Team Support |
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Complaints
Please direct all complaints to TR4K in the first instance as per instructions in our Complaints Policy. If we can’t resolve your complaint to your satisfaction, you can contact the Telecommunications Industry Ombudsman. The contact details are as follows;
Telecommunications Industry Ombudsman (TIO)
The TIO’s contact details are as follows:
By telephone | 1800 062 058 |
By email | tio@tio.com.au |
By the internet | tio@tio.com.au |
By mail | PO Box 276, Collins Street West VIC 8007 |
TR4K is a registered business name of RENT4KEEPS (Aust) Pty Ltd, (ABN 32 006 507 81)
Email: info@rent4keeps.com.au | Ph: 1300 76 30 20