Terms And Condidtions

1800MumDad Standard Form of Agreement

Table of Contents

1. Accepting The Terms of This Agreement
2. Background
3. How To Read This Agreement
4. Definitions
5. You Are A User
6. You May Also Be A Customer
7. Provision of The Services
8. Use of The Service by Persons under the age of 18 Years
9. Your Responsible use of The Services
10. Billing and Payment
11. When does This Agreement START and FINISH?
12. Our Liability To You
13. Changes To This Agreement
14. Problems with the Service
15. Personal information and privacy
16. General
17. “#MDIPADDOG” Instagram Photo Contest Terms And Conditions
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This AGREEMENT is between: 1800MumDad Pty Ltd ACN 18 104 106 630 of Varsity Lakes, 4227 (“1800MumDad”) AND You, the person using the Service (“You”)

1. Accepting The Terms of This Agreement
This Standard Form of Agreement (“Agreement”) specifies the terms on which 1800MumDad will supply, and You will acquire, any Services from 1800MumDad.
You accept this Agreement by using one or more of the Services. If you do not accept the terms of this Agreement, you must not use any of the Services.
In addition, this Agreement is a ‘standard form of agreement’ under Part 23 of the Telecommunications Act 1997.  That means that these terms may apply to your acquisition of the Service without needing your acceptance.

2. Background
1800MumDad supplies various premium telecommunications services which are accessible to the public by either making a telephone call to the number 1800686323 or through use of the Application. In general terms, the Service allows telephone calls to be made, and voice messages to be left, where the person calling or leaving the message has insufficient credit in their telephone account to make the call or leave the message under their telecommunications service provider’s usual billing arrangements.

3. How To Read This Agreement
In this Agreement, a word that starts with a capital letter is a defined term, and has a special meaning that is specified in clause 4, “Definitions”.
In this Agreement, the following rules of interpretation apply (unless the context in which they are used requires otherwise):
(a) headings are for convenience only, and do not affect the meaning of any clause;
(b) the singular form of a word includes the plural form of that word and vice versa (eg, “Service” includes all Services);
(c) any reference to a gender includes all genders (eg, “he” includes “she”);
(d) a reference to a clause is to a clause of this Agreement;
(e) the word “including” may be used in this Agreement to give specific examples of how this Agreement must be interpreted.  However, such examples are not intended to be comprehensive, and the word “including” will not limit the general meaning of any clause in which it is used;
(f) a reference to any party to this Agreement or any other agreement or document includes the party's successors and permitted assigns (eg, a reference to “You” includes any person to whom You transfer your rights or obligations under this Agreement);
(g) a reference to any agreement or document (including this Agreement) includes any changes validly made to that agreement or document from time to time;
(h) a reference to any legislation or to any provision of any legislation includes any changes validly made to that legislation from time to time; and
(i) all references to $ are to Australian dollars.

4. Definitions
In this Agreement,:
Application means the 1800MumDad branded application available from various third party application stores/download areas, which allows a person to initiate a Reverse Charge Call or leave a Voice Message to a User of 1800MumDad.

Customer has the meaning given in clause 6.

GST has the same meaning as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time.

I’ll Pay Service means the service allowing a person to initiate and pay for a call to a second person using a mobile or fixed-line telephone (but to defer payment for that call by being billed by, and paying, 1800MumDad in accordance with this Agreement).

Service means any service supplied by 1800MumDad including the Voicemail Service, the They Pay Service, the I’ll Pay Service, the Voice Message Service and any service associated with those Services.  The supply of a Service to You will start and end at the times specified in clause 7.

Standard Pricing Policy means the standard pricing policy found at 1800MumDad’s web site (www.1800MumDad.com.au). To view our current pricing click here...

They Pay Service means the reverse charge call service that allows a person to initiate a call, a second person to accept and agree to be charged for the reverse charge call and (once a reverse charge call is accepted by the second person) for the first and second person to communicate using mobile or fixed-line telephones.

User means a person who makes use of any Service, including without limitation any person who initiates use of a Service, or who is a Customer.

Voicemail Service means the Service for the purpose of recording, agreeing to pay for and depositing a recorded voice message for another person to listen to at a later time.

Voice Message Service means the Service for the purpose of giving a recorded message to another person before that other person accepts any Reverse Charge Service charges or the use of the call from the service to prompt or signal for another party to call you.  A User is deemed to be using the Pranking Service if they have previously received not less than 3 calls and rejected each call after hearing the name of the service or the caller (or a message left by the caller in place of a name).

5. You Are A User
If You make any use of the Services or part of them for any reason, You are a “User”.
Examples of use of the Service include downloading the Application, initiating a call or message using any of the Services, or receiving a call or message by way of any of the Services.

6. You May Also Be A Customer
If, in the course of Your use of the Services, You agree to pay 1800MumDad for that use, you are a “Customer”.  All Customers are also Users.
Examples of when You agree to pay 1800MumDad for use of the Services include when you accept a call using the They Pay Service, when you agree to place a call using the I’ll Pay Service, when you deposit a message using the Voicemail or when you use the Voice Message Service.
In this Agreement:
(a) clauses that refer to a “User” apply to all Users, including Customers;
(b) clauses that refer to a “Customer” apply only to Customers.

7. Provision of the Service
1800MumDad will supply the Service to You, and You agree to acquire and use the Service, in accordance with this Agreement.
The supply of a Service to You is deemed to:
(a) start at the moment You make any use of the Service; and
(b) ends at the moment:
(i) You; or
(ii) the Customer who has agreed to be charged for Your use of the Service,
is billed for Your use of the Service in accordance with clause 10, or if there is no associated charge for the Service You use, when You finish using the Service and 1800MumDad has otherwise completed the delivery of the Service.

From time to time, 1800MumDad may run promotions in connection with the Service.  Those promotions may have terms and conditions which will be made available to you at the time.  Such terms and conditions will be in addition to the terms and conditions of this Agreement.
While 1800MumDad will use care and skill in supplying the Service to You, 1800MumDad does not guarantee that the Service will be supplied continuously or without fault.
In addition to any other right 1800MumDad has under a clause of this Agreement, You acknowledge that 1800MumDad may temporarily or permanently stop supplying all or any part of the Service to You if:
(a) You, or any Customer who is obliged to pay for use of the Service by You, fail to pay any amount previously agreed, or required by this Agreement, to pay to 1800MumDad;
(b) 1800MumDad is required to do so by law, or is directed to do so by an agency with appropriate authority (such as the Police or emergency services); or
(c) 1800MumDad chooses to do so as an alternative to exercising a right to terminate this Agreement.
1800MumDad may in its absolute discretion accept (or refuse to accept) the request and attempt to connect a call.

8. Use of The Service by Persons under the age of 18 Years
1800MumDad does not restrict use of the service based on age. As such, it is reasonable to believe that a person under the age of 18 (“Child”) years may at one time or another, be either a User and/or a Customer. If You are a Child, by using the Service You agree that You have obtained agreement to use the Service from the person responsible for paying the bill.

9. Your Responsible Use of the Services
Some of the Services are provided only so that they can be used for a specific purpose.  For example, the They Pay Service may only be used to make reverse charge telephone calls between a User and a Customer.
You must not misuse the Service.  The following are examples of misuse of the Service:
(a) using any Service that is provided for a particular purpose for any other purpose.  For example, You will not use the Service as a pranking service;
(b) doing anything to the Services that causes any disruption to the ability of another User to use the Service;
(c) doing anything with the Service that disrupts or causes distress to any other person or User; and
(d) using any Service to break any law, or commit any offence or allow any other person to do so.

You agree that You will indemnify 1800MumDad against all costs, losses, damages, liabilities and expenses (including all legal fees) incurred by 1800MumDad that arise in connection with any misuse of the Service by You.

You Agree that 1800MumDad may:
(a) monitor Your use of the Service to ensure that You are not misusing the Service; and
(b) terminate this Agreement, stop supplying the Service or refuse to supply the Service in the future to You or any User associated with You, if 1800MumDad reasonably suspects that You are, or any User associated with You is, misusing the Service (or have in the past misused the Service).

10. Billing and Payment
1800MumDad will charge you for your use of the Service in accordance with the Standard Pricing Policy, which can be found at www.1800MumDad.com.au.
If you are a User, You should also be aware that Your telecommunications carriage service provider may also bill You for the cost of the call to 1800686323 or for data charges associated with use of the Service. Please check with Your telecommunications carriage service provider for applicable calling and data transmission rates.
1800MumDad will bill you for your use of the Service by way of premium SMS message sent to your mobile device or other telecommunications carriage service account, or other means it determines from time to time.

1800MumDad will try to bill You as soon as possible after Your use of Service.  However, if 1800MumDad does not bill you immediately after Your use of the Service, it may bill you (or make subsequent attempts to bill you) up to 160 days after Your use of the Service.
You agree that:
(a) 1800MumDad may make as many attempts to issue a bill to You as is required; and
(b) once You receive a bill from 1800MumDad, You must pay that bill (unless clause 10.1 applies)

10.1 If You believe You have received a bill for:
(a) Services that You are not obliged to pay for; or
(b) an incorrect amount,
then You must contact 1800MumDad, and 1800MumDad must discuss the problem with You, and suggest a reasonable solution to the problem.
You acknowledge that, even if 1800MumDad owes money to You, You must pay all amounts You have been billed for on time, in full and without set-off.
The amount 1800MumDad charges You for Your use of the Service will include all taxes and government imposts 1800MumDad is obliged to collect from You, including GST.  You agree that if any new taxes or government impositions are introduced, You must pay those new taxes, and 1800MumDad is entitled to increase the amount You are charged accordingly.

The services operated by 1800MumDad are not subscription services and you will only be billed for the calls and charges you accept on a call by call basis.

11. When does This Agreement Start and Finish?
Unless another clause of this Agreement allows either You or 1800MumDad to terminate this Agreement earlier, this Agreement:
(a) starts as soon as You make any use of the Service; and
(b) finishes once either:
(i) You, or the Customer who is charged for Your use of the Service, have paid all amounts charged for Your use of the Service; or
(ii) if there is no charge for the Service (or part of it), when you finish the relevant use of it.

12. Our Liability To You
The Competition and Consumer Act 2010 imposes certain obligations on us in respect of the services we supply, that cannot be excluded by contract.  These rights are known as “Statutory Guarantees”.
Nothing in this clause 12 excludes any Statutory Guarantees.
1800MumDad is not liable to You for any loss that You suffer, to the extent that such loss is caused by:
(a) Your negligence or breach of this Agreement; or
(b) the omission, negligence or actions of anyone other than 1800MumDad, including any other User.
You agree that 1800MumDad will not be liable to You under any circumstances (unless any Statutory Guarantees apply) for any of the following types of losses which arise in connection with this Agreement:
(a) lost profit;
(b) lost revenue;
(c) lost savings;
(d) loss of data; and
(e) consequential or indirect loss of any nature,
and You confirm that 1800MumDad will not be liable to You for these types of losses even in situations where 1800MumDad knew that You could suffer that loss, or 1800MumDad could have assumed that You could suffer that loss.
Unless any law (including the Competition and Consumer Act 2010) will not allow 1800MumDad to limit its liability to You, You agree that if 1800MumDad has any liability to You for any reason in connection with this Agreement (including liability under the laws of contract, tort (including negligence) or under any statute including the Statutory Guarantees), that liability is limited to 1800MumDad’s choice of:
(a) 1800MumDad supplying the Services which gave rise to the liability to You again; or
(b) paying to You the cost of having the Services which gave rise to the liability supplied to You again,
to the extent it is fair and reasonable for 1800MumDad to limit its liability in that way.

13. Changes To This Agreement
1800MumDad may change any term of this Agreement, provided that:
(a) You consent to the change; or
(b) 1800MumDad complies with this clause.
1800MumDad may change any term of this Agreement at any time if the change is required to comply with a valid law or government requirement.
1800MumDad may change any term of this Agreement at any time and without giving notice to You, if 1800MumDad reasonably considers that the change will have no detrimental effect on You.
You acknowledge that for the purposes of the Telecommunications (Standard Form of Agreement Information) Determination 2003, you are a ‘casual customer’.  We may change the pricing of the Service and if we do so, we will notify you the first two times you use the I’ll Pay Service following that pricing change, and if you are the B-party in the They Pay Service, you may press the “#” key to be told the pricing that applies to that Service before accepting the call.

14. Problems with the Service
If you have any problem with any Service (including any billing problem), you should contact 1800MumDad as soon as possible by telephone on 1300 790 229, or by any of the other means listed at www.1800MumDad.com.au.

1800MumDad will attempt to resolve any problem you may have with the service (including any billing problems) as quickly as possible. If you are not satisfied with the outcome you can send an email to: escalations@1800MumDad.com.au where a manager will investigate and deal with your issue. Alternatively you can write to us at:
Customer Support Management
PO Box 233
Varsity Lakes QLD 4227

Please allow a 5 business day response time for this level of complaint.

In the event that you are dissatisfied with the way we handle your problem, you can contact the Telecommunications Industry Ombudsman, which is an independent service that describes itself as an “office of last resort”.  The Telecommunications Industry Ombudsman can be contacted on 1800 062 058.

15. Personal information and privacy
1800MumDad will handle any personal information you provide to us in accordance with the National Privacy Principles specified under the Privacy Act 1988 and the 1800MumDad privacy policy.  You can read the 1800MumDad privacy policy at www.1800MumDad.com.au.

16. General
This Agreement is governed by the laws of Queensland, Australia.  Any dispute between the parties will be heard in accordance with the rules of the Supreme Court of Queensland.

If any provision of this Agreement is held to be invalid, illegal or unenforceable, this Agreement will continue otherwise in full force and effect apart from that provision, which will be taken to be deleted.

No party may assign any right under this Agreement without the prior written consent of the other party.

17. “#MDIPADDOG” INSTAGRAM COMPETITION TERMS AND CONDITIONS

Promotional Period
Opens: 12:00am Wednesday 4th December 2013 AEST
Closes: 11:59pm Sunday 5th January 2014 AEST
The Promoter may amend the Promotional Period at any time.

Entry Restrictions
Entrants must be Australian residents.
Entrants must be following on Instagram @1800mumdad, must have reposted the competition entry on their Instagram account with tagging #mdipaddog and @1800mumdad

Maximum Entries
Unlimited during the promotional period.

Entry Procedure
To enter, entrants must, during the Promotion Period:
1. Follow @1800mumdad on Instagram.
2. Repost the competition picture on their Instagram account, and hashtag the competition picture with #mdipaddog and @1800mumdad
3. At random, the Promoter will award one qualifying entrant with the prize of a 16GB WiFi iPad Mini - colour based on availability.
3. The winner will be contacted via Instagram and asked to contact the Promoter with their details for the purposes of prize fulfillment.

Draw Details
Date: Monday 9th December, 2013
Time: 11am AEST
Draw Method: Random Selection

Prize Details
Major prize to consist of the following:
1 x Apple iPad Mini, 16GB WiFi, an approx. retail value of $350.
Colour will be at the discretion of the promoter depending on stock availability at the time of despatch.

Prize Restrictions
Prize is not transferable, nor redeemable for cash.
Prize to be dispatched within Australia only using Australia Post registered mail.

Notification of Winner
Winner will be notified via Instagram within 2 days of being determined.

For further information about this competition, please email us at support@1800mumdad.com.au