Email on Your Mobile

Benefits

If you don't have a mobile phone that can access the Internet or that can receive email using an email program, but you have a Telstra Mobile GSM phone, you can still get up-to-the-minute access to your BigPond mailbox from anywhere within a coverage area. Just register (for security reasons), then dial #100#. Select 'BigPond Email' from the options to check your mail.

If you want to go straight to your Inbox, dial #111# instead. You'll have access to the 30 most recent emails in your inbox. And you can select from four pre-configured short replies, or write your own.

Note: This service is not available with BigPond Pre-Paid internet

Pricing

View subject, sender and time delivered 15c per email

Read the full message 15c per email.

There is no charge to key replies using your mobile phone key pad.

BigPond eMail on your Mobile Service Terms & Conditions

These terms and conditions set out the terms on which we will provide BigPond eMail on your Mobile Service ("Service") to you.

Please read these terms carefully, and be sure that you understand them.

You should be aware that we can change these terms at any time. However, we will do so in accordance with the terms below. If we change these terms, the online version of these terms (http://www.bigpond.com/internet-plans/additional/mobile_email/tandC.asp) will always be updated to reflect those changes. The Service is only available if you are currently a BigPond customer.

Some of the words used in these terms have particular meanings, which are set out in clause 11.

1 Your obligations

1.1 You must:

a. be the same person as the customer of the BigPond Internet service to which this Service relates;

b. comply with any terms set out in the Rate Card;

c. pay all fees and charges associated with your use of the Service in accordance with clause 2;

d. promptly notify us if you believe or suspect that the Service has been compromised or are being used in a manner that breaches the Agreement; and

e. regularly check your default email address allocated by us for messages about your Service (or, if you have arranged for emails sent to your default email address to be forwarded to an alternate email address, you must check that alternate email address).

1.2 You acknowledge each of the following:

a. the Service is only provided to you for so long as you continue to take the BigPond Internet service to which the Service relate; and

b. due to the nature of the Service, we do not promise that it will be continuous, accessible at all times or fault-free.

2 Charges for your Service

2.1 You must pay the charges set out in the Rate Card for your Service from your Service Commencement Date.

2.2 You must pay the Charges by the date specified on the invoice.

2.3 Any monthly or annual fees may be payable in advance and we may issue your first invoice immediately upon your Service Commencement Date. If your Service is terminated for any reason, we may issue a final invoice immediately upon the termination.

2.4 If any amount is unpaid after the due date for payment specified on any invoice, we may (without affecting any of our other rights under this Agreement), do any or all of the following:

a. if the amount remains outstanding for 30 days after the due date, terminate this Agreement;

b. if the amount remains outstanding for 60 days and there are reasonable grounds for believing you represent a credit risk, terminate any other agreements under which we supply you with services, and/or disconnect those services.

3 Commencement and termination of this Agreement

3.1 This Agreement commences on the date you accept these terms and conditions and complete the Sign Up Process.

3.2 You may subscribe or terminate the Service at any time.

3.3 We may terminate one or more Service under this Agreement:

a. immediately, if we reasonably suspect that you have materially breached this Agreement and that breach cannot be remedied;

b. if we reasonably suspect you have materially breach this Agreement in a way that can be remedied, but you do not remedy the breach within 14 days of us telling you to do so; or

c. at any time effective at the end of your monthly billing cycle, by giving you at least 30 days' prior notice in writing.

3.4 If your BigPond Internet service to which this service relates is suspended, disconnected or terminated, then the Service may also be suspended, disconnected or terminated.

3.5 If the Service is suspended, disconnected or terminated, the liability of each party (if any) is set out in clause 6.

4 Changing this Agreement

4.1 Except as set out in clause 4.2, we can change this Agreement (including the Rate Card) at any time without notice.

4.2 If we consider that a change would cause you detriment, we will notify you of the change by email, post or facsimile at least 30 days before the change will take effect.

4.3 If you do not notify us that you wish to terminate this Agreement or the Service within 14 days after receiving notice of a change under clause 4.2, then we will take your payment of charges for Services provided to you after our notice as your agreement to the change.

4.4 For the purposes of notifying you of an intended change under clause 4.2 it is sufficient that we provide you with a summary of the proposed change to the Agreement and that we post on the BigPond website a revised copy of these terms and conditions or the Rate Card showing the proposed change.

5 Maintenance of the Service

5.1 If you experience a problem with your Service, you should notify our Customer Service Centre on the number set out on the BigPond website.

5.2 We will use all reasonable efforts as soon as possible to rectify any problem notified to us.

6 Liability

Our liability to you

6.1 This contract is made up of the terms that are expressly set out in this contract and those implied by laws that cannot be excluded by us. No other terms apply.

6.2 Clauses 6.3, 6.4 and 6.5 apply to you only if you are a Residential Customer.

6.3 We accept our liability to you if we breach this Agreement or act negligently under the principles applied by the courts, except as set out in clauses 6.4 and 6.5.

6.4 As you have taken up the Service predominately for personal, domestic or household use, we do not accept liability for any business related losses that result from the use of the Service. However, we will accept that liability if it cannot be excluded under any legislation.

6.5 We are not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

6.6 Clauses 6.7, 6.8, 6.9, 6.10 and 6.11 apply to you only if you are a Business Customer.

6.7 Given the nature of telecommunications systems (including the Service's reliance on systems not owned or controlled by us) we cannot promise that the Service will be continuous or fault free. Accordingly, we limit our liability to you for losses resulting from any interruption or delay to your Service to an amount equal to the service charges billed for the affected Service for the period of the interruption or delay.

6.8 Subject to clause 6.11, we accept liability arising from our breach of contract or negligence:

(a) for any personal injury or death to you, your employees, agents and contractors in relation to the supply of the Service;

(b) for any damage to your real or tangible property resulting from the supply of the Service, but we limit our liability to our choice of repairing or replacing the property or paying the cost of repairing or replacing it; and

(c) unless clause 6.7 applies, for any other cost or expense you reasonably incur that is a direct result of, and flows naturally from, such breach or negligence (but excludes loss of profits, likely savings and data), but we limit our liability for all such claims in aggregate to the total amount payable to us under this Agreement in respect of the first year of the term of the Agreement.

6.9 Other than for the liability we accept under this clause 6, we exclude all other liability whether to you or a third party for breach of contract, negligence or breach of any other law. For any liability which cannot lawfully be excluded as it is under this clause 6, our liability is limited to resupplying or paying the cost of resupplying services and repairing, replacing or paying the cost of repairing or replacing goods.

6.10 Notwithstanding anything else in this clause 6, our liability will be reduced to the extent the loss or damage is caused by you, your employees, agents or contractors.

6.11 We will not be responsible for any loss or damage arising from circumstances outside our reasonable control.

Your liability to us

6.12 You are liable to us if you breach this Agreement or act negligently under the principles applied by the courts. However, you are not liable for any loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of this Agreement.

7 Privacy

7.1 Please read Telstra's Privacy Statement "Protecting your Privacy" (available at http://www.telstra.com.au/privacy). It summarises how we and our related companies will collect, use and disclose your personal information (including for marketing to you) and your rights to access and correct that information.

7.2 For the purposes of this clause 7, "you" and "your" refers to you and your People (if applicable).

8 Transferring your Service or this Agreement

8.1 You may not transfer your rights and obligations in respect of any Service or under this Agreement without our prior consent (which we will not unreasonably withhold).

8.2 We may transfer all or any of our rights or obligations in respect of any Service or under this Agreement at any time. If we do so, we will try to notify you beforehand (otherwise we notify you within 30 days after the transfer).

9 Taxes

9.1 The charges in the Rate Card may not include all taxes. You must pay us on request any stamp and other duties, fees, taxes (including GST) and charges payable on:

a. this Agreement or the performance of this Agreement; and

b. any payment, receipt or other transaction arising out of this Agreement.

9.2 GST may be imposed on a supply we make to you under this Agreement. Unless the consideration payable for the supply is expressed to include GST, you must pay on our demand an additional amount to cover the GST. We will issue a Tax Invoice to you for any supply on which GST is imposed.

9.3 In this clause 9, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

10 General terms

10.1 We are not to be taken to waive any of our rights under this Agreement merely because we do not exercise them or delay in exercising them.

10.2 This Agreement is governed by the laws of the State or Territory in Australia in which you reside. Nothing in this Agreement, or any actions we take under it constitute a submission by us to any foreign jurisdiction.

10.3 Clauses 6, 7, 9 and 10 and clauses 4 of Schedule 1 survive termination of this Agreement (regardless of any other clauses that may survive termination).

10.4 If we need to notify you of any matters relating to the Agreement, we may use email to your default email address allocated by us, or post or fax.

10.5 If there is an inconsistency between these terms and conditions and the terms in conditions in the Schedule, these terms and conditions will prevail.

11. Glossary

Words in this Glossary with initial capital letters (eg, Agreement) have defined meanings, as follows:

Acceptable Use Policy

means our policy about the acceptable levels and methods of use of the Service. The current version of the Acceptable Use Policy is located on the BigPond website at http://my.bigpond.com/internetplans/broadband/acceptableuse/.

Agreement

means these terms and conditions (including the relevant Schedule for the Service you selected in the Sign Up Process) and the Rate Card.

Business Customer

means a customer who is not a Residential Customer.

Loss

means loss or damage of any kind, however caused, whether in contract, tort (including negligence), under any statute or otherwise arising from or related in any way to this Agreement or its subject matter.

PC

means the personal computer through which you access the Service.

People

means employees, agents, sub-agents and their respective employees.

Rate Card

means the BigPond Broadband via Telstra rate card setting out the fees and charges applicable to your Service (as amended from time to time). The current Rate Card is located on Telstra's website at http://www.bigpond.com/internet-plans/additional/mobile_email/default.asp

Residential Customer

means a customer who takes up the Service predominantly to use for personal, household or domestic use or consumption.

Service

- means BigPond eMail on your Mobile.

Service Commencement Date

means the date you accept these terms and conditions.

Sign Up Process

means the online sign up process for the Service.

You and your

(whether or not with initial capital letters) refer to the person named as the Customer in the Sign Up Process.

We, our, and us

(whether or not with initial capital letters) refers to Telstra Corporation Limited (ABN 33 051 775 556) and where applicable includes our People.

Schedule 1 - BigPond eMail on your Mobile Service

1 Service Description

1.1 If you have a compatible and active Telstra mobile GSM phone and BigPond account, BigPond eMail on your Mobile Service allows you to access and reply to emails in your BigPond inbox from your Telstra GSM mobile phone

1.2 The BigPond eMail on your Mobile service does not allow you to download or view attachments provided with emails or access hyperlinks embedded within emails.

1.3 Once you have activated the BigPond eMail on your Mobile service, you can access your emails by dialling #100# from your Telstra mobile phone and following the voice operated instructions. After you follow the instructions, the 30 most recent emails will be sent to your Telstra mobile phone together with the subject of the email and the time and dates they arrived in your inbox. You will then be able to reply to emails using your key pad on your Telstra mobile phone. Alternatively, for a shortcut to receive emails directly from your inbox, you can dial #111#.

2 Availability

2.1 In order to use the BigPond eMail on your Mobile service, you must:

a. be connected to the GSM Mobile network in Australia; and

b. be a post paid BigPond Internet service customer with an active Dial Up or Broadband residential or business account.

2.2 If you have any additional users, they may use the BigPond eMail on your Mobile service.

2.3 After receiving emails to your Telstra mobile GSM phone, your session will automatically end where:

a. 5 minutes has expired; or

b. a response is required, but you fail to complete the response within 45 seconds.

3 Use of the Service

3.1 You acknowledge that the BigPond eMail on your Mobile service does not detect for viruses, Trojans, worms, spam or other devices and that it does not protect your system or Telstra Mobile phone against these devices.

3.2 While we provide the BigPond eMail on your Mobile service to you with due care and skill, we do not promise it will be error free or free from interruption or failure, or that it is compatible with any particular hardware or software or regarding availability, accessibility, or performance. In addition, the BigPond eMail on your Mobile Service may not be available or may become unavailable due to any number of factors including, without limitation, acts of God, technical failure, telecommunications infrastructure, or delay or disruption attributable to viruses, denial of service attacks, increased or fluctuating demand, actions and omissions of third parties, or any other cause reasonably beyond our control.