FREEDOM INTERNET CUSTOMER TERMS & CONDITIONS
CURRENT FROM 30 April 2019
FREEDOM INTERNET CUSTOMER TERMS & CONDITIONS
CURRENT FROM 30 April 2019
1.1. The following Terms and Conditions (the “Ts & Cs”) apply to any use of the Services.
1.2. By using the Website or any Platforms and/or using or otherwise subscribing to any of the Services, you are accepting and agree to comply with these Ts & Cs. If you do not agree to the Ts & Cs, please do not use the Website or Platforms, nor use any of the Services.
1.3. You must only use the Services for your own lawful personal purposes, in accordance with the latest version of these Ts & Cs and any notice sent by Freedom Internet or other notices or updates posted on the Website or any Platforms.
1.4. You warrant and represent that all information you provide to us when applying to use the Services is true and complete and that you will advise us of any changes within 5 business days after you become aware of such change.
1.5. These Ts & Cs set out the general terms and conditions that apply to the Services. From time to time, Freedom Internet may require a customer to enter into a Specific Contract in relation to certain Services. In such event, in the case of any conflict or inconsistency between these Ts & Cs and any Specific Contract entered into between you and Freedom Internet, the terms of the Specific Contract shall prevail to the extent of any inconsistency or conflict.
2.1. “Australian Consumer Law” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
2.2. “Claim” means any and all actions, complaints, suits, causes of action, demands, claims, debts, proceedings, costs or expenses (including any legal costs or expenses), verdicts or judgments or any other liability of any kind whether in law, in equity, under statute or otherwise.
2.3. “customer” or “you” or “your” means:
(a) any user of the Website and/or Platform(s); or
(b) Any person or individual who registers for a Freedom Internet account and / or signs up to Freedom Internet’s data plan; or
(c) any user of the Services
2.4. “fees” means any fees payable to Freedom Internet by the customer for access to, and use of, the Services (as applicable).
2.5. “Freedom Internet”, “us”, “we”, “our” means Freedom Internet Limited (in relation to Services supplied in New Zealand) and Solve It Australia Pty Ltd and Menzies & Monteath Pty Ltd trading as Freedom Internet Australia (in relation to Services supplied in Australia).
2.6. “Implied Term” means a term implied into these Ts & Cs by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified.
2.7. “Internet Services” means Freedom Internet’s supply of high speed internet access to building residents (permanent or temporary) where the building has entered an agreement with Freedom Internet for wireless Internet access.
2.8. “Internet Subscription Services” mean Internet Services supplied by Freedom Internet on a subscription basis. For the avoidance of doubt, Internet Subscription Services do not include one-off purchased plans.
2.9. “New Zealand Consumer Law” means the New Zealand Consumer Guarantees Act 1993.
2.10. “Platform” means any platform used by Freedom Internet to provide any Services, including (without limitation) the ‘Buddy’ application platform.
2.11. “Specific Contract” or “Contract” means any contract entered into between Freedom Internet and a customer in relation to certain Services, which sets out further specific terms relating to those Services, in addition to these Ts & Cs.
2.12. “the Services” means (as applicable):
(a) the Internet Services; or
(b) Freedom Internet’s ‘Buddy’ application; or
(c) any use of Freedom Internet’s domain names for customer email and website addresses; or
(d) lease or loan of equipment by Freedom Internet in relation to the Internet Services or other Services; or
(e) enhancements, upgrades or new services developed and/or provided by Freedom Internet made available to customers from time to time.
(f) “Website” means any Freedom Internet website in relation to the Services.
3. Agreement to supply the Services
3.1. In consideration of the fees payable to Freedom Internet and subject to these Ts & Cs, Freedom Internet shall provide the customer the Services (as applicable).
3.2. The right to use the Services (as applicable) shall commence on completion of registration and/or sign up to the relevant Services by the customer, and acceptance by Freedom Internet, and shall continue unless cancelled in accordance with these Ts & Cs or as otherwise agreed between Freedom Internet and the relevant customer.
3.3. Freedom Internet may in its sole discretion decline any customer application to use the Services (as applicable).
3.4. Subject to these Ts & Cs, Freedom Internet may change or withdraw any part or feature of the Services (including any fees relating to such fees) at any time on providing you with reasonable notice. Any customer that does not agree to such changes has the right to cancel their subscription without any penalty by giving at least 7 days’ written notice to Freedom Internet within 7 days after being notified of such change by Freedom Internet, provided the customer must pay Freedom Internet for any goods supplied or services performed up to the time of termination. However, if a change has a neutral or positive effect on you, or if the change is required by a legal or regulatory change or is necessary for security reasons, to prevent fraud, or technical reasons, we can make the change without giving you notice.
4. Internet Subscription Service
4.1. If you subscribe to an Internet Subscription Service, you will be billed for the Internet Subscription Service every billing cycle, and you are required to pay the Services with your preferred payment option in accordance with your bill, until the Internet Subscription Service is cancelled in accordance with these Ts & Cs.
5.1. All payment details and information in relation to Freedom Internet’s fees (and other costs (if any)) will be notified through the customer’s relevant Freedom Internet account or sent to the customer by email.
5.2. Subject to these Ts & Cs, the fees for any data plans (relating to the Internet Services) and other Services that a customer subscribes to or uses may be updated from time to time by notice in writing from Freedom Internet. Freedom Internet will give as much notice as practicable in relation to such changes, and in any event, at least 10 days’ notice. Any customer that does not agree to such updates has the right to cancel their subscription to the relevant Services, without any penalty by giving at least 7 days’ written notice to Freedom Internet within 7 days after being notified of such change by Freedom Internet.
5.3. Unless otherwise agreed by Freedom Internet, all payments due and payable by a customer to Freedom Internet must be made through Freedom Internet’s Platforms or Website by credit or debit card.
5.4. If a customer has agreed to make certain payments by way of direct debit or other direct payment options, such payments will be billed to the relevant customer’s credit card automatically unless the customer stops such payments by logging into the customer’s account and changing the relevant payment preferences or data plan (as applicable). If a direct debit is unsuccessful, Freedom Internet may reattempt the direct debit for up to 5 business days until the direct debit is successful.
5.5. Subject to clause 5.4, if a customer does not pay its fees in full and on time, we may either:
(a) subject to clause 11.2, suspend or terminate that customer’s use of the Services; and/or
(b) charge the customer interest on such amount owing at the rate of 5% per annum with such interest applying from the date it was due until the date of actual payment.
5.6. Queries about your rates or plan can be made by telephone +61 7 3067 3676 if you are in Australia; +64 09 281 2970 if you are in New Zealand or alternatively visit our website: www.FreedomInternet.org.
6. Equipment / Data use
6.1. In relation to Internet Services, if your data plan requires a Freedom Internet modem to be installed in your apartment or unit, you agree to give us access at reasonable times to allow one of our technicians to attend and install the equipment. The equipment will need to be securely attached to a wall or other surface within your unit in a location that is optimal to ensure the best possible Wi-Fi transmission. On your request, Freedom Internet will remove the device at no cost.
6.2. In relation to the rights granted under clause 6.1 above, you confirm that you are the owner of the unit or that you are fully authorised by the owner to allow installation of the equipment in the unit including attachment to the wall, and the removal of the equipment. Freedom Internet will take all reasonable steps to ensure the installation is carried out in a tidy and professional manner. Freedom
Internet shall have no liability to any person for any indirect or inconsequential damage that may be caused by the installation or removal of the equipment.
6.3. If you have not purchased the equipment, Freedom Internet will retain full ownership of the equipment. If you leave the unit, unless you or the new occupant requests that we remove the equipment, it must remain installed for the next occupant.
6.4. You must not tamper, repair, remove, damage or attempt to repair any of Freedom Internet’s equipment that you have not purchased.
6.5. You agree to indemnify and must keep indemnified Freedom Internet against all Claims arising out of any event relating to the equipment installed in your unit.
6.6. In relation to the Internet Services:
(a) for customers who have subscribed to Internet Subscription Services, subject to clause 6.6(b) and clause 6.6(c) below, all unused data will rollover each month;
(b) if a customer unsubscribes from the Internet Subscription Services or otherwise downgrades from its then current Internet Services plan (e.g. change from a 100gb plan to a 50gb plan), that customer will lose all of its rollover data;
(c) If a customer’s Internet Subscription Service is cancelled part way through a billing period, there will be no refund for unused data. The customer is able to use the remaining data in that billing period until one of the following occurs:
i. all remaining data are used up;
ii. that billing period expires.
6.7. Third Party Device Restrictions: to use the Service with third party devices such as gaming consoles and smart TVs, Freedom Internet may require you to connect to the Service via a Freedom Internet premium router or modem and purchase an unlimited data plan. Freedom Internet will provide information concerning device availability in your building through Freedom Internet’s customer service team.
7. Conditions of Use (Services)
7.1. You will ensure that all usernames and passwords required to access the Services (as applicable) are kept secure and confidential. You will immediately notify Freedom Internet of any unauthorised use of your user names, passwords or any other breach of security and Freedom Internet will reset your password.
7.2. When accessing and using the Services (as applicable), you must only to do so for lawful and legitimate purposes, and you must not:
(a) use, or misuse, or access or interfere with the Services in any way which may impair the functionality of the Services, or impair the ability of any other user to access the Services;
(b) hack, interfere with or undermine the security, functionality or integrity of Freedom Internet systems, networks or equipment;
(c) attempt to gain unauthorised access to any other users account or to the devices or channels on which the Services are hosted;
(d) transmit while using the Services any: files that may damage any other person’s computing devices, content that may be offensive, or in violation of any local or international law;
(e) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Services or Freedom Internet network or equipment;
(f) attempt to use any of the Services or transmit any communication or data anonymously.
7.3. Freedom Internet is under no obligation to ensure that the communications, transmission, and other use of the Services is lawful and shall have no liability to any person for your use (or any person using your account with or without your express permission) of the Services.
7.4. Freedom Internet may implement internet traffic management policies to ensure fair use and access of the Services (as applicable) to all users.
8. Warranties and Acknowledgements
8.1. Acknowledgements: You acknowledge and accept that:
(a) The provision of, access to, and use of, the Services is on an “as is, where is” basis and at your own risk.
(b) It is your sole responsibility to determine that the Services meets your needs.
8.2. Limited Performance Warranty: Freedom Internet shall take reasonable care to ensure that the Services are of normal commercial quality and shall take reasonable steps to provide ongoing access to the Services.
8.3. In the event of interrupted supply or error in the Services, Freedom Internet shall take reasonable steps to (but does not guarantee to) repair or restore or re-instate use of the Services. If Services cannot be restored or re-instated to your satisfaction and you wish to cancel any part of the Services (including the Internet Services), we will refund payments made for any unexpired period after the date of cancellation and for any period you have paid for during which full Service was not available due to any fault or interruption within our control.
8.4. Technical Problems: The customer must take reasonable steps to investigate and diagnose problems before contacting Freedom Internet for technical assistance. Support is provided 24 hours a day online or by email request at support@ freedominternet.org or by calling our Customer Services team at AUS: +61 7 3067 3676 or NZ: +64 9 281 2970. Freedom Internet will provide technical support but does not guarantee that it will always be able to provide solutions or fix every problem. Freedom Internet may reasonably charge for extended, repeated, complex or specialist support.
8.5. Excluded Warranties
(a) Freedom Internet does not warrant that either the use of the Services (as applicable), the Platforms and the Website will be uninterrupted or error free.
(b) From time to time access to the Services (as applicable) or Website or any Platforms may be unavailable due to maintenance or other development activity or due to circumstances outside Freedom Internet’s control such as availability of the independently owned or controlled networks and systems used for accessing the Services (as applicable).
(c) Freedom Internet will use reasonable endeavours to publish details of intended or planned activity in advance of interruptions or delays.
(d) Freedom Internet is not in any way responsible for any interference or prevention of your access or use of the Services.
(e) Freedom Internet does not warrant that the Services will meet your requirements or that it will be suitable for your purposes.
(f) Freedom Internet cannot prevent the malicious, fraudulent or negligent actions of people or technology outside its control. Freedom Internet does not guarantee continuous, fault free access to the Services or the Website or any Platforms.
(g) Other than as specifically set out in these Ts & Cs, Freedom Internet gives no warranties or undertakings whatsoever in relation to the Services. All Implied Terms are expressly included in these terms. All other terms which might otherwise be implied into these terms, are excluded.
(h) For New Zealand customers only: Application of the New Zealand Consumer Law and any other statutory consumer guarantees or legislation is excluded to the maximum extent permitted by law from the supply of any Services to all ‘business’ customers.
9. Intellectual Property
9.1. The Services, Platforms and Website contain Intellectual Property Rights including copyrighted material, trademarks, trade secrets and proprietary information. These
Ts & Cs do not grant any customer any Intellectual Property Rights, including rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Services, Platforms, Website or any other materials or information appearing as part of the Services, on the Platforms or on the Website. You may not create any derivative work or technology based upon any Intellectual Property Right. Furthermore, you may not sub-license, assign, transfer, sell or make any other commercial use of your access to the Services, the Platforms or the Website. 9.2. You shall not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Freedom Internet, or take any other action that infringes upon or impairs Freedom Internet’s trademarks or other Intellectual Property Rights.
9.3. Freedom Internet (or its licensor) is the sole owner of all Intellectual Property Rights, and in particular the copyright, trademarks, database and patents in the Services, Platforms, Website and in any software, application and other materials used therein, including the organisation and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in these Ts & Cs, Freedom Internet shall retain all ownership rights in and to all content displayed on the Platform, the Website or otherwise as part of the Services provided, including copies of data transferred or received by you through this website.
9.4. Any use of content in relation to the Services, or on the Platforms or Website other than the use permitted by this Ts & Cs, including but not limited to the modification, distribution, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained in the Services, Platforms or Website, or use of the Services, Platform or Website for purposes competitive to Freedom Internet, is prohibited.
9.5. “Intellectual Property Right” means the rights and interests of Freedom Internet in
(a) any patent, trade mark, service mark, design, copyright, moral right, know-how, confidential information and trade secrets;
(b) any proprietary information including scientific, technical, product and marketing information used in or forming part of the Services; and
(c) any other intellectual or industrial property rights, anywhere in the world whether or not registered.
10. Limitation of Liability
10.1. Except in the case of negligence or wilful default on the part of Freedom Internet, Freedom Internet excludes any liability and responsibility to you (or any other person) in contract, tort or otherwise, for any loss or damage (including indirect, special, incidental , punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to these Ts & Cs) or damage resulting, directly or indirectly, from the use of, or reliance on, the Services.
10.2. If you are not satisfied with the Services or any decision or action of Freedom Internet, subject to any applicable law, you may cancel the Services by following the steps set out in clause 11.2.
10.4. Notwithstanding the exclusion of liability, should Freedom Internet or any agent, representative, officer or director thereof be held to have any liability to the customer in any way connected with these Ts & Cs or the Services before, during or after the term and whether by claim or proceedings under these Ts & Cs, any statute, regulation or rule of law by the customer or any third party, the maximum amount that Freedom Internet shall be liable for (where liability can legally be limited) whether by way of damages, costs, interest, fines or otherwise shall be limited in respect of all incidents to the Fees paid by you (or on your behalf) in the previous 12 months.
10.5. Consumer laws:
(a) if you are in Australia, these Ts & Cs are to be read subject to the Australian Consumer Law; if you are in New Zealand, these Ts & Cs are to be read subject to the New Zealand Consumer Law;
(b) subject to clause 10.5(a) above and any law to the contrary, Freedom Internet’s liability for any breach of an Implied Term shall be limited, at its option, to one or more of the following: if the breach relates to goods, the replacement of the goods or supply of equivalent goods, the repair of such goods, or the payment of the cost of replacing the goods or acquiring equivalent goods; and if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.
11. Term and Termination
11.1. Your rights to use the Services will continue until terminated as set out below or otherwise by law.
11.2. Subject to clause 11.3 and clause 11.4, you may cancel your use of any of the Services on providing at least 10 days’ notice by logging into your account at https://myaccount.freedominternet.org, if available, or by calling our Customer Services team at AUS: +61 7 3067 3676 or NZ: +64 9 281 2970.
11.3. We may restrict, suspend or terminate your Services if:
(a) you fail to pay your fees on time;
(b) you use the Services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights;
(c) you resell or resupply a Service;
(d) you do not follow our reasonable instructions in relation to your use of the Services;
(e) we reasonably consider you to be a credit risk;
(f) you otherwise in material breach of these Ts & Cs and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so.
11.4. If a minimum contract term applies to an Internet Service, you are required to maintain the Internet Service for the minimum term unless you pay an early termination fee as set out in the Critical Information Summary. In order to cancel such Internet Service, you must follow the procedures set out in the Critical Information Summary.
11.5. Termination of any Services is without prejudice to the following (without limitation):
(a) payment of early termination fee as set out in clause 11.4;
(b) liability, rights or obligations accrued up to and including the date of termination;
(c) Our right to impose any conditions or limitations on the Services.
(d) On termination of these Ts & Cs:
(e) The customer will remain liable for any accrued charges and amounts due to Freedom Internet and all such amounts must be paid in full immediately on termination; and
(f) All use of and access to the customer’s account and the Services by the customer shall cease.
12. Customer Privacy
12.1. By agreeing to be bound by these Ts & Cs, you are also agreeing to Freedom Internet’s privacy policies:
13.1. Freedom Internet endeavours to investigate and resolve your complaints about the Services quickly and effectively. If you have complaint, please contact our Customer Services team at AUS: +61 7 3067 3676 or NZ: +64 09 281 2970 or email us at firstname.lastname@example.org.
13.2. If you are not satisfied with the way Freedom Internet handles your complaint at the first instance, you can request the complaint be escalated to a senior representative who will review your complaint and the way it was handled.
13.3. If you are still not satisfied with the steps taken by Freedom Internet to resolve your issue, you can seek assistance in Australia from the Telecommunications Industry Ombudsman (TIO) by visiting www.tio.com.au or by calling 1800 062 058.
14. Social Media Policy
14.1. You must comply with Freedom Internet’s social media policies that are published on Freedom Internet’s Website and Freedom Internet’s social media sites such as Facebook, Instagram and LinkedIn, subject to change from time to time.
15. Referral Rewards
15.1. If you have signed up to unlimited data plan with Freedom Internet using a referral code provided by building manager or property manager of your building, you acknowledge that the building manager or the property manager may receive from Freedom Internet a modest cash payment.
16.1. Entire agreement: Subject to any Specific Contract entered into and the restriction of minimum contract term (if applicable), the Critical Information Summary, these Ts & Cs and the terms of any other notices or communications to you from Freedom Internet, constitute the entire agreement between you and Freedom Internet relating to the Services.
16.2. Indemnity: The customer hereby indemnifies and must keep indemnified Freedom Internet against all Claims, costs, damage and loss arising from or in any way related to customer use of the Services, Platforms or the Website or any breach of these Ts & Cs.
16.3. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Ts & Cs if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
16.4. Assignment by Freedom Internet: We may assign or transfer our rights, obligations, duties and liabilities under these Ts & Cs to any third party without requiring the consent or approval of any customer.
16.5. No Assignment by customer: You may not assign or transfer any rights to any other person without Freedom Internet’s prior written consent.
16.6. Governing Law: If you are in New Zealand, New Zealand law applies. If you are in Australia, the laws applicable in Queensland apply.
16.7. Variation of these Ts & Cs:
(a) These Ts & Cs and Freedom Internet’s rules and policies regarding the Services are subject to change by Freedom Internet from time to time. Any such change shall be uploaded to the Freedom Internet Website and Platforms. It is your obligation to regularly update yourself as to the most recent Ts & Cs available on the Website and Platforms. Any customer that does not agree to such changes has the right to cancel their subscription to the relevant Services, without any penalty by giving at least 7 days’ written notice to Freedom Internet within 7 days after such change is uploaded to Freedom Internet Website and Platforms, provided the customer must pay Freedom Internet for any goods supplied or services performed up to the time of termination.
16.8. Enforceability: If any provision of these Ts & Cs shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and shall remain in full force and effect.
16.9. For Australian Customers only: In the event that a customer’s rights are substantially limited by such changes, the customer shall be entitled to cancel the Services by giving at least 5 days’ written notice to Freedom Internet within 10 days after being notified of such change by Freedom Internet, provided the customer must pay Freedom Internet for any goods supplied or services performed up to the time of termination.