Terms and Conditions.

Customer Agreement

AUSTAR Mobile Fair Go Policy

'yes' Time™

Optus Zoo

SMS (Short Message Service)

MMS (Multimedia Messaging Service)

Optus Zoo general:

1. You agree that AUSTAR Mobile will charge you, and that you will pay for, all content, subscription services and downloads requested by you from any Optus Zoo website or portal.
2. AUSTAR Mobile and Optus accept no liability for any loss or damage as a result of a delay in receiving Optus Zoo content or not being secure or not received. Content may be suspended, changed or terminated without notice.
3. The Optus Zoo content 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.
4. AUSTAR Mobile and Optus will endeavour to provide current, accurate information but makes no warranty regarding the timely delivery, currency or accuracy of any information provided to you as part of the Optus Zoo updates service.
5. You should not rely on any information provided to you as part of the Optus Zoo service without independent advice.
6. AUSTAR Mobile and Optus will not be liable (to the extent permitted by law) for any loss or damage suffered or incurred, directly or indirectly, as a result of reliance upon any information received.
7. Material contained in Optus Zoo may be considered offensive and may not be suitable for minors and others. AUSTAR Mobile and Optus will not be liable for content customers may find offensive or explicit. Use of Optus Zoo services, including content from third-party suppliers, is solely at customers undertaking.
8. Optus Zoo customers will be issued with a one-off password. You must keep your password safe and not disclose it to anyone. AUSTAR Mobile and Optus will not be liable for any loss or damage you suffer as a result of not keeping your password confidential.
9. Optus has sourced the Optus Zoo content from third party suppliers and Optus and AUSTAR Mobile make no representation or warranty: about the operation, functionality or features of the content: or in relation to the compatibility of the content with any other software or equipment; or that the content will be free of all defects, errors, viruses, bugs or similar harmful device.
10. Optus Zoo content, subscription services and downloads are only available to Optus customers and participating Service Providers’ customers with compatible handsets.
11. When downloading Optus Zoo content via WAP, the cost of the content and the WAP standard charges according to your data plan will apply irrespective of whether the download is successful.
12. Customers are only entitled to purchase up to $100 per calendar month of Content. This $100 limit does not apply to any usage or carriage charges associated with the delivery or request of Content over GPRS or CSD. You can contact your AUSTAR Mobile to change the $100 amount you are entitled to purchase.

WAP GPRS or WAP CSD Service

1. The WAP (Service) is only available within Australia to Optus, Optus Pre-Paid and participating Service Provider Customers with GPRS or CSD compatible Optus approved mobile phones or devices.
2. Customers must be provisioned for WAP GPRS or WAP CSD Service.
3. The Service is not available on Optus MobileSat Services.
4. AUSTAR Mobile or Optus may suspend, change or terminate the Service in whole or part at anytime without notice to you.
5. AUSTAR Mobile and Optus only guarantees WAP security for Optus authorised applications and services on Optus Zoo.
6. Location based services are not available on the WAP service.
7. AUSTAR Mobile and Optus will automatically disconnect customers from the service after 1 hour of non-use and a flagfall will be charged for reconnection to the service.
8. Usage cost is included in the “included monthly calls” on AUSTAR Mobile rate plans.
9. ‘yes’ Time or any other AUSTAR Mobile calling promotions do not apply to the Service.
10. If you decide to port away from AUSTAR Mobile, any AUSTAR Mobile service previously provisioned will be unavailable from the time of the successful port.

Optus Zoo via WAP

1. Available to AUSTAR Mobile customers with compatible handsets. A list of compatible handsets is available at www.optus.com.au/zoo.
2. Customers must be provisioned for the WAP GPRS or WAP CSD Service.
3. When downloading Mobile Games, Screensavers, Wallpapers, TruTones & Polyphonic Ringtones via WAP, the cost of the Content and the WAP Standard GPRS or WAP CSD charges according to your data plan will apply irrespective of whether the download is successful or not.

Optus Zoo via #121#

• (Service) is only available to Optus Mobile Digital and participating Service Provider (which includes AUSTAR Mobile) customers with compatible handsets. A list of compatible handsets is available at www.optus.com.au/zoo.
• Customers are not charged for browsing the #121# menus.

My Updates (SMS)

• Available to AUSTAR Mobile customers with compatible handsets who have registered for Optus Zoo. A list of compatible handsets is available at http://www.optuszoo.com.au/cocoon/device/deviceselection.xml
• Customers may be able to receive Optus Zoo My updates (SMS) service outside of Australia, but availability and price of the service is subject to the local partner carrier support of an SMS service.

My Updates (MMS), News (Video MMS) and Webcams

• Available to AUSTAR Mobile customers with compatible MMS handset who have registered for Optus Zoo. A list of compatible handsets is available at www.optus.com.au/zoo.
• Optus Zoo My multimedia updates (MMS) are not available outside of Australia.

SMS

1. 1. Optus SMS and Send SMS Via the Web, Email Alerts (SMS) & SMS to Group are charged at 25c per message sent of 160 characters per recipient.
2. SMS to E-mail is charged at 25c per message of 160 characters for messages sent to up to 20 individual e-mail addresses.
3. SMS messages are charged regardless if successfully delivered or not.
4. You acknowledge that the AUSTAR Mobile GSM number you have nominated for Optus Send SMS Via the Web will appear in the messages you send.
5. It may take up to 8 days from the original send date for message charges to be applied.

Optus Web SMS Acceptable User Policy

The Optus Web SMS Acceptable Use Policy is set out below. Please read it carefully. If you use any Optus Web SMS service ('Service'), you must comply with the Acceptable Use Policy. If you fail to comply, Optus Mobile may suspend or terminate your use of the Service. The Acceptable Use Policy is designed to ensure that your use of the Service does not break any laws or interfere with the right of other Optus Web SMS customers also using the Service. Optus Mobile may change this Policy from time to time. You must check the Policy regularly to ensure that you are aware of your obligations.

You must not use the Service in a manner, which interferes with the rights of other users.

You must not:

1. provide false user information to Optus Mobile or other users;
2. send large amounts of unsolicited or unwanted SMS messages to individuals or individual business accounts;
3. gain access to a person's private information (or attempt to do so);

In using the Service, you must not break any laws or infringe the rights of other persons. For example, you must not send messages that:

1. are indecent, obscene or otherwise offensive
2. defame another person
3. contravene any applicable laws
4. are misleading, deceptive as to your identity

To detect and deal with breaches of the Acceptable Use Policy, Optus Mobile may take the following actions: Optus Mobile will co-operate with other carriage providers to control unacceptable user behaviour. Optus Mobile may give details of users who are suspected of breaking any laws in connection with the Service to the police and to other law enforcement agencies. Optus Mobile may implement technical mechanisms to prevent behaviour, which breaches this Policy (for example, which block multiple postings before they are forwarded to their intended recipients). Optus Mobile may exercise any rights it has under its contract with the customer whose account is being used in breach of this Policy. Such rights include the right to suspend or terminate the customer's use of the Service. Optus Mobile may take any other action it deems appropriate, including taking action against offenders to recover the costs and expenses of identifying them.

Optus MMS, Video MMS and Email MMS

1. MMS, MMS Video and Email MMS ("MMS Messages") services are only available for AUSTAR Mobile customers with compatible handsets activated for Optus MMS. MMS Messages sent from your handset are 60c per message per recipient for messages sent in Australia. From 5pm Friday until midnight Sunday, MMS is charges are reduced to 30c per message sent.
2. International MMS is 75c per message per recipient. MMS charges are not included in call credits unless stated otherwise. MMS charges apply whether or not the MMS Message is successfully delivered.
3. MMS Messages cannot be sent to non-compatible handsets or (for MMS Video only) to email 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 MMS Message from the Optus website. The customer will still be charged for sending an MMS Message.
4. AUSTAR Mobile and Optus accept 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. Services may be suspended, changed or terminated without notice. Image content may vary from examples shown on handsets. Image quality may be less than examples shown on handset screens. The recipient can access the message via the website for up to 30 days before deletion by Optus.
5. Recipients of MMS originating messages must be within the coverage of their participating supplier’s 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.
6. Optus will make available to AUSTAR Mobile customers’ storage space on the Optus Zoo website for you to store MMS content. To access these Albums (MMS) you must register for Optus Zoo. Optus will limit the space available to you. Optus may vary this limit from time to time. Optus may, at its discretion, delete content you have placed on the Album (MMS) website.

Optus News (video MMS), Movies (video MMS), Webcams, Email alerts (MMS) and MMS Select terms and conditions apply including:

1. Service available to customers activated for Optus MMS with an MMS compatible handset and who have registered for Optus Zoo. Customers cannot receive the service outside Australia.
2. Optus MMS Select (My Updates) standard message sent or requested is 75c per message, and Optus MMS Select (My Updates) premium message sent or requested is $1.50 per message.
3. 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 to their data plan.
4. Service information may only be used by the customer for personal and non-commercial purposes and not otherwise copied, published, republished, redistributed, recommunicated or otherwise commercially exploited in any form or by any method whatsoever. See www.optus.com.au/zoo for additional information.

Optus MMS Free Trial

Activate Optus MMS before 31 December 2005 and you will not be charged for MMS messages sent within Australia for the first month after activation. International MMS will be charged at 75c per message per recipient. Optus Fair Go(tm) Policy applies. Offer excludes Prepaid services.

SMS Games and Chat

1. Available to AUSTAR Mobile customers with SMS compatible mobile phones.
2. All SMS Games and Chat are charged on sending, including those messages (a) sent to those who initially register for the service or re-registered following "exit" from the service (b) not delivered or (c) ignored by the receiving SMS Chat User.
3. AUSTAR Mobile customers will be charged 25c per message sent of up to 160 characters. It may take up to eight days from the original send date for the message charges to be applied.
4. AUSTAR Mobile and Optus accept no liability for any loss or damage for customers using SMS Games and SMS Chat services and bears no responsibility for message content and recommends customers do not disclose their personal details (including their mobile number).
5. Optus SMS Fair Go™ Policy applies.

TV and Video Bulletins

1. The Live TV and Video Bulletins (the "Service") are only available within Australia to Optus and participating Service Provider customers with GPRS and Video compatible Optus approved mobile phone or devices. A list of compatible handsets is available at www.optus.com.au/zoo.
2. Customers must be provisioned for WAP GPRS and have correct video settings on their handsets.
3. Video Bulletins sent will be changed at $2.00 per bulletin plus standard WAP GPRS charges will apply according to the Customer's data plan.
4. AUSTAR Mobile and Optus may suspend, change or terminate the Service in whole or part at anytime without notice.
5. Optus and AUSTAR Mobile accept no liability for any loss or damage as a result of a delay in receiving the Service or not being secure or not being received. Additionally Optus does not guarantee the quality or availability of the Service.
6. Optus and AUSTAR Mobile do not accept any liability for the incompatibility of the Service with any mobile phone or device. Please note that the Service may not work correctly if the manufacturer's installed video player is removed or replaced.
7. Service information may only be used by the Customer for personal and non-commercial purposes and not otherwise copied, published, republished, redistribution, recommunicated or otherwise commercially exploited in any form or by any method whatsoever.

Free Live TV Trial

1. The Live TV Free Trial (the "Offer") is a special promotion valid until the 31 October 2005 unless withdrawn earlier.
2. The "Offer" applies to WAP GPRS usage incurred streaming Live TV.
3. The offer excludes any Video Bulletin content.
4. Optus reserves the right to withhold the Offer from any customer using the Service in a manner deemed unreasonable or excessive as per the Optus Mobile Fair Go Policy. Optus currently considers 'excessive' use of WAP GRPS for Live TV streaming to be usage of more than 10Mb downloaded per month per mobile (SIM).

Usage Rules

Once You purchase a music file You are only entitled to do the following things: (a) download the music file to your PC; (b) burn the music file up to 3 times only onto a WMA DRM 1000 compliant portable recipient devices. You may re-download a music file up to 2 times within 12 months of purchasing the original music file if You have difficulties downloading the original music file or the music file on your PC is lost or destroyed. Subject to the Usage Rules, You also agree that You will not: (i) make any unauthorised copies of a music file in any media;(ii) modify or create any derivative works of a music file;(iii) sell, rent, lease, distribute, sublicense, transfer or otherwise deal with the music file other than for your personal non-commercial use; (iv) broadcast or publicly perform a music file; and (v) alter, tamper with or remove any copyright notice, trademark, logo, symbol or such other labelling as may be featured on a music file.

Download limits - There is a $20 download limit per transaction (Download Limit). In addition to the Download limit, if You are a Post-Paid customer of AUSTAR Mobile You can spend up to a maximum amount of $100 per month on products and services purchased on the Optus Zoo website or portal. You can contact your AUSTAR Mobile to change the $100 amount you are entitled to purchase. If You are a Pre-Paid customer the amount that You can spend on products and services per month is limited to the amount of credit available on your account. All charges incurred in respect of the service will be charged to your mobile account. A music file will cost $2 each or $18.50 for all music files contained in an album. If the music file is purchased from your mobile handset, applicable GPRS charges will apply.

Warranties - Subject to the requirements of law, which include relevant fair trading legislation and the Trade Practices Act 1974 (Cth), all music files are provided to You on an "as-is" basis without warranties of any kind, and Optus disclaims all warranties, either express or implied, including but not limited to, (a) uninterrupted or continuous availability of the Service or the Optus Zoo website and (b) implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the service and website and any services provided by Optus hereunder.

Liability - To the maximum extent permitted by applicable law, under no circumstances shall AUSTAR Mobile and Optus be liable for any indirect, incidental, consequential or special damages, (even if You have been advised of the possibility of such damages), arising from the use of a music file or performance under or failure of performance of the Service.

Termination - AUSTAR Mobile and Optus may, without any liability to You whatsoever, immediately and without notice to You terminate or cease providing You with the Service if You breach or AUSTAR Mobile and Optus suspects that You breach any of these terms and conditions.

Intellectual Property - All Streamed Music and music files that You download are protected by intellectual property laws and treaties including, copyright laws and international copyright treaties. For this reason, You must not do anything with either Streamed Music or file or the Service that is not expressly permitted by these terms and conditions. All title and copyright in and to the music files shall remain vested with the original copyright owner.

Mobile handsets - Streamed Music is only available on compatible handsets. A list of compatible handsets is available at www.optus.com.au/zoo.

Authorised Under NSW Permit No. TPL04/7729 VIC Permit No. 04/2164 ACT Permit No. TP04/3049 NT Permit No. NT04/10198 SA Permit No. T04/2953

MobileMail Internet Terms and Conditions

1. MobileMail Internet is available to AUSTAR Mobile and Optus Mobile Digital customers within Australia and is not available to Optus MobileSat services.
2. The MobileMail Internet service in whole or part may be suspended, changed or terminated at any time without notice.
3. MobileMail Internet customers indemnify Optus against any loss or damage suffered or incurred directly or indirectly, as a result of reliance upon any information received on the MobileMail service.
4. Any special call promotion (e.g. 'yes' Time) does not apply to Optus MobileMail.
5. For GPRS usage: you will be disconnected from the service after 1 hour of continuous non-use and you will need to reconnect. If your connection to the Service is active at midnight, you will be charged an additional flagfall. You must comply with the Optus Mobile Acceptable User Policy.
6. If a customer switches their mobile number to another provider, from AUSTAR Mobile, any AUSTAR Mobile value-added service, such as MobileMail Internet will be unavailable.
7. Prices include GST.

Optus ZOO Voice IVR - 966 Service

The Optus ZOO Voice IVR (the “service”) is available to customers that are active on the Optus mobile digital network (including Optus prepaid and customers of Optus resellers). Available to Optus Mobile postpaid, Optus Mobile prepaid and participating Service Provider customers with compatible handsets.

Customers dial 966 from their mobile handset and are connected to a Voice IVR platform where they can easily navigate to listen to information and purchase content. Available information and content includes, but is not limited to news, weather& sports updates, horoscopes, cricket scores and ringtones.

Calls to 966 will be charged at 30 cents per 30 seconds inc GST. No flagfall applies.

Content charges also apply when content is purchased like ringtones or musical messages. Content is charged at $1.50, $2.95, $4.50, or $5.50 (RRP) depending on content purchased.

Customers purchasing Trutones & Polyphonic ringtones must be provisioned for WAP GPRS or WAP Circuit Switch Data (CSD). The cost of the WAP standard GPRS or WAP CSD charges according to your customers data plan will apply irrespective of whether the download is successful or not.

Complimentary services and downloads may be offered on 966 from time to time. Customers accessing complimentary services will still be charged at 30 cents per 30 seconds ( unless otherwise stated on 966) and downloadable content such as trutones, polyphonic ringtones, mobile games, wallpapers and screensavers will still involve standard WAP GPRS and WAP CSD charges and content charges according to the customer’s data plan.