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TERMS AND CONDITIONS
( Value
Account / Pinless Calling Account)
These
terms and conditions contain the agreement between you ("the Customer") and
ASIAdigicall A.B.N.
91 104 614 066 for the provision of telecommunication services.
Telecommunication Services
Upon the
purchase of any value account product, ASIAdigicall will provide the
Telecommunications Services to the Customer. Descriptions of the Services
are set out on the website, in brochures and other material published by
ASIAdigicall. ASIAdigicall may alter the nature of the Services at any time
with/without notice to the customers.
Charges
The Customer
will pay for Services provided by ASIAdigcall at the rate or rates charged
by ASIAdigicall from time to time including any tax applicable at the time.
All rates, charges, expiry dates and services content are subject to change
without prior notice.
Value card
Each Value account holder will be
issued with a bar-coded special plastic card for customer identification and
recharging the account.
Account Activation & Re-charge
Value card
will be issued with $0.00 balance at inactive position. Customer can
activate his/her account by recharging in person at any Australia Post
Office or using B-pay.
After re-charge through
Australia post
or B-pay value account will be updated generally on next business day.
Account limit
If an account
limit is nominated by or allocated to the Customer, this limit does not
affect the extent of the liability of the Customer to ASIAdigicall. The
customer remains liable for all amounts exceeding the allocated limit. The
customer liability remains for amounts exceeding the face value of a value
account.
Personal Identification Number (PIN)
The Customer is
responsible for the safekeeping and use of any PIN/password and must notify
ASIAdigicall immediately upon becoming aware of any unauthorized use of a
PIN/password. The Customer is liable to ASIAdigicall for all charges
incurred through the use of a PIN/password. If at any stage customer do not
wish to continue using value account unused portion of an account may be
reimbursed after investigation.
Suspension and Termination
ASIAdigicall
may terminate this Agreement immediately without notice if the Customer has
breached any term or condition of this Agreement.
ASIAdigicall
reserves the right to terminate/close an account if found with any unfair practice, trick and trouble making activities.
Service Interruptions
ASIADigicall
will not be liable for any connection delay or service interruption or
failure due to any occurrence beyond the control of ASIAdigicall
ASIAdigicall makes no
guarantee, warranty or representation, express or implied, regarding the
condition, merchantability or fitness of the telephone facilities or
services of any overseas destination in which calls may be made.
ASIAdigicall is not liable for any negligence of its provider, agents or
employees relating directly or indirectly to your value account or services
provided.
Limitation of Liability
The liability
of ASIAdigicall to the Customer for:
(i) Any breach of this Agreement; or
(ii) Any breach of a condition or warranty implied by the Trade Practices
Act 1974; or
(iii) Any negligence; or
(iv) Any misrepresentation or misleading and deceptive conduct, whether in
the formation, performance or termination of this Agreement will be limited,
at the option of ASIAdigicall, to the supply again of the Services or the
payment of the cost of having the Services supplied again.
All express or
implied conditions or warranties relating to any attribute of the Services
are excluded from this Agreement to the extent permitted by law.
Under no circumstances will ASIAdigicall be liable for any indirect,
consequential or economic loss or damages including, without limitation,
loss of income, profit or business opportunity.
Prepaid Telecommunication services usage
The services must be used within Australia to place international and
national long distance calls.
The services may not be used for calls to Premium Service numbers;
All calls are subject to a connection fee/flag fall as advertised.
Higher rates
may apply when calling Special Service phone numbers overseas. Special
Service numbers include, but are not limited to mobile phones and audiotext
services and calls to U.S. military bases.
Entire Agreement
These terms and
conditions contain the entire agreement between ASIAdigicall and the
Customer with respect to the subject matter of this Agreement and supersede
any and all promises and representations and discussions and agreements made
by one party to or with the other concerning the subject matter of this
Agreement.
12.
Governing Law
The law of this
Agreement will be the law of the state of NSW. The parties submit to the
non-exclusive jurisdiction of the courts of NSW.
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