CMOBILE

TERMS OF APPLICATION

You agree that this is an application by You for connection to CMOBILE for the supply of mobile telecommunications services (Service). You acknowledge that CMOBILE may decline your application without providing You a reason. You agree that if Your application is accepted by CMOBILE Your use of the Services will be according to CMOBILE’s Standard Agreement (a summary of the material terms (Summary) of which has been provided to you with these Terms of Application). You acknowledge that You have read the Summary, which includes information relating to You discontinuing Your use of the Services either prior to, at the end of, or anytime after the end of Your Contract Term. The Summary also advises that fees and charges that are payable by You during Your agreement with CMOBILE, and upon termination if You terminate before the end of Your Contract Term. You can obtain a copy of CMOBILE’s Standard Agreement from CMOBILE upon request, or by visiting www.cmobile.com.au. Alternatively You can purchase a copy by contacting the Australian Communications and Media Authority. You acknowledge that Your agreement to be bound applies even if You are attempting to port a number and the port fails. Additionally You warrant that the information You have provided to CMOBILE as set out in this application is accurate. If Your application is accepted, You consent to CMOBILE using Your personal information in accordance with the terms of CMOBILE’s Standard Agreement. Your application will be deemed accepted upon your connection to the Service.

SUMMARY OF STANDARD AGREEMENT FOR CMOBILE SERVICE

1. This is a summary of the terms and conditions for your Service. The full terms and conditions are contained in CMOBILE’s Standard Agreement which is available on request from CMOBILE PTY LTD ABN 53 158 824 447 (CMOBILE) by calling Customer Care on 1300 545 000 or by visiting the CMOBILE website at www.cmobile.com.au. The Standard Agreement is binding on you.
   
   
2. Your Service enables you to make or receive a call or send or receive text messages, and to use other available carriage services:
   
   
   1. using the Vodafone Mobile Network when your 3G/GSM handset is within Vodafone’s 3G/GSM network coverage areas in Australia, and you have selected the CMOBILE C Red plan option; or
      
      
   2. using Part of Telstra’s Mobile Network when your 3G/GSM handset is within part of Telstra’s mobile network coverage areas in Australia, and you have selected the CMOBILE C Blue plan option.
      
      
3. You will have one mobile number for the Service, and one SIM card. You can use your CMOBILE SIM card in most 3G/GSM phones available in Australia. We retain ownership of the SIM card. You must return the SIM card to Us upon disconnection of the Service. We may charge you a SIM card replacement fee if you fail to return the SlM card within 30 days from disconnection. Please inform us immediately if you lose, or if damage is caused to Your SIM card. We will then disconnect or bar Your Service (You will be responsible for all usage charges up to that time) until the SIM card is replaced or repaired. We may charge You a SIM replacement fee unless we were at fault.
   
   
4. The Service is billed at the rates set out in the Critical Information Summary which forms part of the Standard Agreement. A copy of the fees and charges included in the Critical Information Summary is available by calling Customer Care on 1300 545 000 or by visiting the CMOBILE website at www.cmobile.com.au. We may vary these fees and charges from time to time. When receiving calls the calling party will pay the usual charges for calls made to a mobile handset. Charges apply if You have diverted your number to another fixed or mobile number.
   
   
5. When connecting to CMOBILE, You may be subject to a credit limit. If You exceed Your credit limit, outgoing calls from your Service may be barred until You have made a payment to reduce the outstanding balance of Your account. CMOBILE shall use its reasonable endeavours to advise You if Your Service will be barred due to calls made in excess of the credit limit.
   
   
6. You agree that CMOBILE may receive or disclose personal information or documents about You for the following purposes:
   
   
   1. to a credit reference agency to obtain a consumer credit report about You and or to allow the credit reporting agency to create and maintain credit information about You. This information may be given before or during the provision of credit to You;
      
      
   2. a credit reporting agency may disclose personal information from Your consumer credit information file to CMOBILE for the purpose of assessing an application for commercial credit by You and for the purpose of collection of payments that are overdue in respect of any commercial credit provided by CMOBILE;
      
      
   3. CMOBILE may exchange information about You with another credit provider to assess an application by You for credit, to notify other credit providers of a default by You, to assess whether you are in default with other credit providers, and to assess Your credit worthiness. You acknowledge that the Information exchanged can include anything about Your credit worthiness, credit standing, credit history or credit capacity that the credit providers are allowed to exchange under the Privacy Act 1988 (Cth); and
      
      
   4. CMOBILE may disclose personal information or documents about You to Law Enforcement agencies to assist in the prevention of criminal activities.
      
      
7. CMOBILE may require a security deposit from You depending on CMOBILE’s assessment of your creditworthiness. The Standard Agreement set out circumstances and terms under which a security deposit is required and managed by CMOBILE.
   
   
8. If You request us to, or we validly discontinue Your connection within Your initial term, You must pay us:
   
   
   1. the Monthly Access Charges for the remaining months of the Contract Term;
      
      
   2. an early termination fee as set out in the Critical Information Summary; and
      
      
   3. all outstanding fees and charges payable by You for the Service.
      
      
9. Unless otherwise agreed, We will invoice you monthly and email a copy of Your invoice to Your nominated billing address. You must pay each invoice within 14 days from the date of the invoice (unless You have arranged with us to pay your invoices by direct debit or credit card). We may charge You interest on overdue accounts and a late payment fee which is set out in the Standard Agreement. You will be responsible to pay for all calls made using the Service even if You did not make them.
   
   
10. Although we will take all reasonable steps to make sure You receive the Service within the Vodafone Mobile Network coverage area if you have selected the CMOBILE C Red Plan option, or within Part of Telstra’s Mobile Network coverage area if you have selected the CMOBILE C Blue plan option, the Service is not free from faults or interruptions. Certain factors, such as network congestion, network downtime and maintenance, and obstructions or interference such as that encountered in buildings may mean you will not receive the Service in certain areas at certain times.
    
    
11. If You have a complaint about your Service You should try to resolve it first with Us by contacting us on 1300 545 000, or informing us by email to support@cmobile.com.au, or by writing to us at CMOBILE PTY LTD, PO Box 367, Winston Hills NSW 2153. If You are unhappy with how Your complaint is being resolved, You may contact the Telecommunications Industry Ombudsman (TIO) or the Office of Fair Trading in your State or Territory.
    
    
12. Our obligations to You relating to the Service are set out in the Standard Agreement or in any applicable laws. The Australian Consumer Law sets out certain guarantees that apply to the supply of goods and services by Us that cannot be excluded. We are liable to You if we breach a guarantee (subject to any limitation on Our liability as permitted by law and set out in the Standard Agreement).
    
    
13. You cannot assign your CMOBILE agreement without Our consent. We can assign or novate Our agreement with You to Our nominee without your consent.
    
    
14. There are certain events that may result in Us suspending, restricting or disconnecting Your Service. These events are set out in the Standard Agreement
    
    
15. We may vary the terms of the Standard Agreement, a Call Plan and any feature of the Services from time to time. If the variation could reasonably be expected to have a material adverse affect on You, We will provide you with reasonable notice of the Variation. If we reasonably consider that a change to the Standard Agreement is likely to benefit you or is not detrimental to You, We may make the change immediately and are not required to tell You. We suggest You review the Standard Agreement periodically.

PRIVACY POLICY

CMOBILE is a mobile carriage service provider offering mobile telecommunication services to customers across Australia. This Privacy Policy sets out how We manage Your personal and other information.

In this Privacy Policy:

We, Us, Our and CMOBILE means CMobile Pty Ltd ABN 53 158 824 447; and

You, Your and Yourself means the customer entering into the Standard Agreement with CMOBILE.

We are committed to protecting Your privacy

We know that how We use, collect and exchange Your personal information is important to You and as such, CMOBILE is committed to protecting the privacy of Your personal and other information.

We comply with Australian privacy laws

CMOBILE is bound by the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) upon which this Policy is based.

Information we collect

The types of information we may collect includes:

• Your name;
• Your date of birth;
• Your address(es);
• Your telephone number(s);
• Your email address(es);
• Your occupation and details about your employer(s);
• Your driver’s licence number;
• Your Medicare number;
• Your passport number;
• Your financial information such as your credit card number or bank account details;
• service details (e.g. service type, location, date, time, duration of calls, volume of data sent or received, called numbers, expenditure etc);
• Your personal preferences; and
• a history of all communications between You and CMOBILE.

How We collect Your information

We may collect information about You in a number of ways including:

• directly from You via Our interactions with You (for example, when You apply for a CMobile service, when You phone or email Us, when You use Our online portal or visit Our website);
• from Your use of Our services (for example, Your use of Our website, and Your use of Our mobile services);
• from third parties such as service providers and credit reporting bodies or, if applicable, Your representatives; and
• from publicly available sources such as Facebook, LinkedIn and online search facilities.

If You choose not to supply certain information requested by Us, We may not be able to provide You with any of Our services.

How We use Your information

We may use Your information for a number of purposes connected with Our business. These purposes include:

• verifying Your identity and processing Your application for CMOBILE products and services;
• conducting credit checks, credit scoring activities and fraud checks;
• providing products and services to You, including providing information to You about such products and services;
• preparing and issuing Your bills, and collecting money owed to Us for use or purchase of CMOBILE products and services;
• updating and administering your account details and the products and services We supply to You;
• dealing with Your requests, enquiries or complaints and any other customer care related activities;
• pricing, designing and marketing Our products, and carrying out market, product and service analysis activities generally;
• registering Your details and fulfilling any requests or requirements You may have in relation to competitions, promotions, rewards, discounts, loyalty schemes or any other benefits available to You as a customer;
• for direct marketing of products, services and special offers that We think will be of interest to You, including products and services offered by a third party. You may opt out of receiving direct marketing at any time by contacting Us at the details provided at the end of this Policy;
• to monitor network performance, quality and use, and to test, operate and upgrade Our systems;
• complying with Our legal obligations and assisting law enforcement agencies or regulatory or government authorities;  or
• any other purpose related to the purposes described above and where permitted by law

When We disclose Your information

We disclose Your information with third parties who provide services to CMOBILE. We may disclose Your information to:

• credit providers and credit reporting bodies for credit related purposes such as assessing Your credit worthiness. If You fail to meet Your payment obligations to Us and are in arrears $150 or more for at least 60 days, We may be entitled to disclose that failure to credit reporting bodies and place a default listing on your credit file;
• law enforcement agencies and regulatory and government authorities;
• Our dealers, distributors and agents, or any other CMOBILE related company for purposes that are connected with providing You with wireless communication services, and with which You would reasonably expect Us to disclose, share or receive personal information about You; and
• for the purpose of facilitating the transfer or sale of all or part of Our business or assets.

We may otherwise disclose Your personal information where required by law.

Sending information overseas

At CMOBILE we pride ourselves on being 100% Australian owned and operated and as such, We do not send any of Your information overseas.

Quality and security of your information

We keep all records (hard copy and electronic) on Our premises and systems and on Our third party service provider systems. We take reasonable steps to ensure Your personal information is accurate, complete and up-to-date, and We will take reasonable steps to protect Your information from unauthorised access, modification, or disclosure.

Where We no longer require Your personal or other information, We will take reasonable steps to destroy or otherwise de-identify that information.

We train Our employees and ensure they are aware of their obligations and CMOBILE’s obligations with regards to the privacy of Your information.

Accessing, correcting and updating Your information

You can request Us to provide You with access to Your personal information or to correct or update any incorrect personal information we hold on You. Requests for the information we hold on You, including Your credit information, or to correct or update Your personal information, can be made by calling CMOBILE Customer Care on 1300 545 000 or by sending an email to support@cmobile.com.au

Upon receiving Your request, we will take reasonable steps to provide You with access to Your personal information or correct or update the personal information we hold on You unless prohibited by law.

Generally CMOBILE does not charge a fee for accessing Your information upon Your request; however there may be a fee where the request would require CMBOBILE to devote a significant amount of time and resources to complying with the request. In this case, We will provide You with a quote before we proceed to process Your request.

We will endeavour to make Your information available to You within 30 days of Your request.

Privacy complaints

If You are concerned about Your privacy or feel We have breached this Privacy Policy, the Privacy Act or the Australian Privacy Principles, You may submit a complaint in writing to support@cmobile.com.au or to the Privacy Officer, CMOBILE Pty Ltd PO Box 367, Winston Hills NSW 2153.

We will acknowledge Your complaint initially and will then respond to Your complaint within 30 days or such longer period as reasonably agreed with You. We will keep You updated of the progress We are making with Your complaint. If You are not satisfied with Our response to Your complaint, You may also contact the Office of the Australian Information Commissioner or the Telecommunications Industry Ombudsman at the details below.

Office of the Australian Information Commissioner
Phone: 1300 363 992
Online: www.oaic.gov.au
Postal address: GPO Box 5218, Sydney NSW 2001

Telecommunications Industry Ombudsman
Phone: 1800 062 058
Online: www.tio.com.au
Postal address: PO Box 276, Collins Street West VIC 8007

Updating or amending this Privacy Policy

We may amend this Privacy Policy at any time and will publish any updated policy on our website.