Terms and Conditions.

Customer Agreement

AUSTAR Mobile Fair Go Policy

'yes' Time™

Optus Zoo

SMS (Short Message Service)

MMS (Multimedia Messaging Service)

MMS (MultiMedia Messaging Service) - Terms and Conditions

AUSTAR MMS, MMS Video and Email MMS

MMS, MMS Video and Email MMS ("MMS Messages") services are only available for AUSTAR Mobile Digital customers with compatible handsets activated for MMS.

MMS charges apply whether or not the MMS Message is successfully delivered.

MMS Messages cannot be sent to non- compatible handsets or (for MMS Video only ) to e-mail addresses. If an MMS Message is sent to a non-MMS compatible handset, the message receiver will be sent an SMS message with details of how to access the MMS Message from the Optus Zoo. The customer will still be charged for sending an MMS Message.

We accepts no liability for any loss or damage as a result of a delay in receiving an MMS Message or not being secure or not received. Special warranty and indemnity conditions apply. Services may be suspended, changed or terminated without notice.

MMS Video News, MMS Video Movies, Webcams and MMS Select terms and conditions apply including:

1. Service available to customers activated for AUSTAR MMS with an MMS compatible handset and who have registered for Optus Zoo.
2. Links to additional information embedded in the messages may be available and accessible by customers using Wireless Application Protocol (WAP). Customers will be charged for WAP usage according o their data plan.
3. Service information may only be used by the customer for personal and non-commercial purposes and not otherwise copied, published, republished, re-distributed, re-communicated or otherwise commercially exploited in any form or by any method whatsoever. See http://www.optuszoo.com.au for additional information.

MMS (MultiMedia Messaging Service)

1. The AUSTAR MMS service provides you with the ability to send and receive MMS messages as a combination of text, photos, animations, video or sound on compatible handsets. Not all MMS handsets support all features of the service.
2. MMS messages sent from MMS compatible handsets are known as Multimedia Messaging Service 'Mobile Originated' (MMS MO). You should note that your mobile service number may be sent automatically as part of the MMS MO service.
   
   To activate MMS, you must request us to provision GPRS and MMS and record your mobile service number on our MMS Profile Server. Customers who attempt to use MMS without following our activation process (e.g. by using a GPRS-enabled SIM card with an MMS compatible handset) may be charged for MMS messages whether the message is successfully delivered or not.
3. Messages in MMS format can be sent and received between AUSTAR Mobile Digital customers within Australia on the Opts Mobile Network who have an MMS compatible handset and who have activated MMS.
4. MMS Customers cannot send and receive messages in MMS format with other AUSTAR mobile customers who do not have an MMS compatible handset and who are not activated for MMS or with people connected to mobile networks in Australia or overseas where there is no MMS interconnection arrangement in place.
5. A customer whose handset and service is provisioned for WAP can send AUSTAR MMS messages from the customer's handset using Wireless Application Protocol (WAP). The form of content that can be sent is limited to text and photos. The ability to preview photos will depend on handset functionality.
6. If an AUSTAR MMS message is sent to a mobile handset that cannot receive the message in MMS format the recipient of the message will be sent a Short Message Service (SMS) message telling the recipient their message can be viewed at http://www.optuszoo.com.au/viewmms. The recipient will need to have an SMS compatible handset and service to receive this message. If the recipient is connected to an overseas network there will need to be an international SMS agreement with Optus that enables receipt of the message. The recipient can access the message via the website for up to 30 days before deletion by us.
7. A customer whose handset and service is provisioned for WAP can view MMS messages on the website by logging into their Optus Zoo account. MMS messages can be sent from the handset to the website by dialling 8888. The selected picture will now be sent to your library page. This feature is free until 31st December 2005.
8. Recipients of MMS originating messages must be within the coverage of their participating supplier's mobile digital network to receive an MMS or SMS message on the screen of their phone. If a recipient's phone is turned off, or out of coverage, the MMS or SMS message will be resent for up to 7 days (after which it will be deleted) or until the message is received.
9. There may be a delay between when a message is sent and when it is received. We accepts no liability for any loss or damage as a result of a delay in receiving a message, a message not being secure or not received. Customers indemnify us for all loss we suffer in connection with AUSTAR MMS messages sent by the customer.
10. Customers must comply with the AUSTAR Mobile Fair Go™ Policy and the AUSTAR Data Acceptable Use Policy.
11. We may discontinue, suspend or change MMS at any time.

Web MMS

The Web MMS service is available to Optus Mobile Digital customers and participating Service Provider's customers who have registered for Optus Zoo via the Internet. This service is not available to AUSTAR Mobile MobileSat® customers.

1. If an MMS message is sent to a mobile Phone that cannot receive the message in MMS format the recipient of the message will be sent a Short Message Service (SMS) message telling the recipient their message can be viewed at http://www.AUSTAR.com.au/viewmms. The recipient will need to have an SMS compatible Phone and service to receive this message. If the recipient is connected to an overseas network there will need to be an international SMS agreement with AUSTAR that enables receipt of the message. The recipient can access the message via the website for up to 30 days before deletion by AUSTAR.
2. Recipients of AUSTAR MMS originating messages must be within the coverage of their participating supplier's mobile digital network to receive an MMS or SMS message on the screen of their phone. If a recipient's phone is turned off, or out of coverage, the MMS or SMS message will be resent for up to 7 days (after which it will be deleted) or until the message is received.
3. There may be a delay between when a message is sent and when it is received. We accepts no liability for any loss or damage as a result of a delay in receiving a message, a message not being secure or not received. Customers indemnify us for all loss we suffer in connection with MMS messages sent by the customer and all loss or damage suffered or incurred directly or indirectly as a result of the customer's use of the service or breach of these terms.
4. We will make storage space on the Optus Zoo website available to you for you to store MMS content. We will limit the space available to customers. We may vary this limit from time to time. We may, at its discretion, delete content a customer has placed on the Optus Web MMS library website.
5. All service content may only be used by you for personal and non-commercial purposes and not otherwise copied, published, republished, re-distributed, re-communicated or otherwise commercially exploited in any form or by any method whatsoever. Additional terms may apply to some content.
6. When using the service, you must comply with these terms, the AUSTAR Mobile Fair Go™ Policy and the Data Acceptable Use Policy and any other instructions we provide, whether via its website or otherwise. Customers are also responsible for the use of their Account by any other person and must ensure that they also comply.
7. When using the service, you must not cause offence, use any material that may be inappropriate for persons under 18 years, break any laws, infringe the legal rights of any person or cause harm to the service or its users.
8. We will investigate any misuse of the service reported and may involve police or other law enforcement agencies in doing so. We may recover from you any costs of investigating their misuse of the service. If your use of the service causes loss to other users, we may require you to pay compensation.
9. From time to time we may undertake promotions and make special offers in relation to the service ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at AUSTAR’ discretion. The terms of a Promotion will override these terms and conditions to the extent of any inconsistency.
10. The Web MMS service in whole or part may be suspended, changed or terminated at any time without notice.

MMS Select

1. The MMS Select service provides you with access to specific types of information via multimedia messaging service (MMS) sent to your MMS compatible mobile digital phone. Information may be sent as a combination of text, photos, animations, video or sound. Not all MMS handsets support all features of the service. Types of available information include: surf reports and webcam pictures, news, etc. We will continue to source and provide new types of information from time to time.
2. The service is only available to customers activated for AUSTAR MMS who have registered for Optus Zoo via the Internet. Customers that request to receive MMS Select messages by MMS and are not activated for AUSTAR MMS or do not have an MMS compatible handset may be charged for messages sent whether the message is successfully delivered or not.
3. Customers cannot receive the service outside Australia.
4. To request information, customers log onto http://http://www.optuszoo.com.au/resell/?rid=aui and select the information they wish to receive. Customers may select the type of content and, in most cases, the day and time they wish to receive the information. Messages will be sent based on the closest hour selected.
5. Unless otherwise specified, usage charges for the MMS Select service are not included in the included calls component of pricing plans, or any discounted call offers.
6. Customers must be within the coverage of the Optus GSM network to receive MMS Select service messages on the screen of their phone. If the customer's phone is turned off, or out of coverage, the MMS Select service message will be resent for up to 7 days (after which it will be deleted) or until the message is received.
7. There may be links to additional information embedded in the MMS Select messages. Customers may be able to access that information on their handset using Wireless Application Protocol (WAP). If customers choose to access that information they will be charged for usage according to their data plan.
8. We makes no warranty about the accuracy, timing or currency of any information provided as part of this service. Customers should not rely on this information and should seek independent advice. The MMS Select service customers indemnify us against any loss or damage suffered or incurred, directly or indirectly, as a result of reliance upon any information received on MMS Select.
9. All service information may only be used by the customer for personal and non-commercial purposes and not otherwise copied, published, republished, re- distributed, re-communicated or otherwise commercially exploited in any form or by any method whatsoever. Additional terms may apply to some information. See http://www.optus.com.au for additional terms.
10. When using the service, customers must comply with these terms, the AUSTAR Mobile Fair GoTM Policy and the Data Acceptable Use Policy and any other instructions we provide, whether via its website or otherwise. Customers are also responsible for the use of their account by any other person and must ensure that they also comply.
11. When using the service, customers must not cause offence, use any material that may be inappropriate for persons under 18 years, break any laws, infringe the legal rights of any person or cause harm to the service or its users.
12. We will investigate any misuse of the service reported and may involve police or other law enforcement agencies in doing so. We may recover from the customer any costs of investigating their misuse of the service. If a customer's use of the service causes loss to other users, we may require the customer to pay compensation.
13. From time to time we may undertake promotions and make special offers in relation to the service ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at AUSTAR' discretion. The terms of a Promotion will override these terms and conditions to the extent of any inconsistency.
14. MMS Select in whole or part may be suspended, changed or terminated at any time without notice.