Things you need to know
1. Introduction
This contract sets out the terms and conditions, which apply to making telephone calls with your Telecard®. We encourage you to read and familiarise yourself with it.
If you have not agreed in writing to accept these conditions, any use of a Card will automatically constitute your agreement to these conditions.
We may give you other instructions about making telephone calls with your Card with which you must comply.
These conditions operate together with Our Customer Terms as amended from time to time.
You can get a copy of Our Customer Terms at most Telstra Shops or at www.telstra.com.au/customerterms. To the extent of any inconsistency between these conditions and Our Customer Terms, Our Customer Terms will prevail.
These conditions generally comply with the Electronic Funds Transfer Code of Conduct (‘Code’). If the Code applies to a transaction, the Code prevails to the extent of any inconsistency with these conditions.
The meaning of certain words is explained in 14.
2. What is the Telecard Function?
The Telecard Function is the function enabling you to use your Card to make local, national or overseas telephone calls where available.
We may give you a credit limit in respect of the Telecard Function.
3. Who may use it?
Subject to 4, your Telecard Function is for your personal use only and you are responsible for all charges in relation to it. You need to keep your telecard Account number and PIN details private. The Telecard Function is not transferable and the property in it belongs to us. If you would like additional Telecards linked to your Account, simply contact Telecard Customer Service on 1800 038 000† to arrange.
4. What the Telecard Function costs?
The charges for using the Telecard Function are as listed in the Telecard Pricing Information booklet. Those charges may be changed by Telstra at any time.
You will also be required to pay for the cost of any call made by anyone using the Telecard Function with your knowledge or consent.
You may also be required to pay for the cost of any call made using the Telecard Function in the circumstances outlined in 8.
5. How you will be billed
The charges made by us under 4 will be billed to the Account. We will provide you with a statement of Account at least every six months. For Billing inquiries contact Telstra Billing Services on 13 2200.
Statements of the Account are available at any time on your request.
We suggest that you check all entries made on your statement of Account. If you suspect that an error or possible unauthorised call has occurred please follow the procedure outlined in 10.1.
6. Keeping your Card and Telecard PIN safe
It is important that you keep your Card and telecard PIN safe, otherwise someone may use it without your authorisation and you may be liable for the cost of the telephone calls made using the Telecard Function as set out in 8.
You can keep your Card and telecard PIN safe by:
- memorising the Telecard PIN, and then destroying the letter from us advising you of it or, if you are not sure that you will remember your Telecard PIN, by making a record of it in a disguised form and keeping the record away from your Card and in a place where it is not likely to be lost or stolen;
- not writing or indicating your Telecard PIN on your Card;
- not disclosing your Telecard PIN to anyone other than a Telstra operator;
- taking reasonable care when disclosing your Telecard PIN to a Telstra operator that no one can overhear you;
- taking reasonable care when entering your Telecard PIN during a call that your PIN is not viewed by third parties;
- not allowing anyone to use your Card;
- carrying your Card with you wherever possible or storing it in a safe place; and
- checking regularly that you still have your Card.
To change your PIN please call our automated service on 18918 or call our Customer Service Team on 1800 038 000† if in Australia. (Or, if overseas, redial the access number, select the option ‘Telecard call to Australia’ and follow the prompts). Your pin can only be confirmed by mail.
7. What you should do if your Card is lost or stolen or your Telecard PIN security is breached
If your Card is lost, stolen or misused or is likely to be misused, you should ring us on our customer service number (1800 038 000† if in Australia. Or, if overseas, call the local foreign operator and ask for a reverse charge call to 61 3 9632 6062).
If someone other than a telstra operator knows your telecard PIn or you suspect that they do, you should ring us on our customer service number (1800 038 000† if in Australia. Or, if overseas, call the local foreign operator, and ask for a reverse charge call to 61 3 9632 6062).
When you have notified us we will cancel the Telecard Function. We will issue you with a new Telecard and give you written notice of your new Telecard PIN.
8. Who pays for unauthorised calls made using the Telecard Function?
8.1 no requirement to pay if not responsible for unauthorised use
You will not be required to pay for the cost of any calls made using the Telecard Function:
- which occur before you receive your Card and Telecard PIN; or
- which occur as the result of a forged, faulty, expired or cancelled Card or Telecard Function; or
- which occur as the result of the fraudulent or negligent conduct of our employees or agents; or
- when you have notified us that your Card has been lost, stolen, misused or likely to be misused or that your Telecard PIN security has been or is likely to be breached.
8.2 A requirement to pay if you are responsible for unauthorised use
Where you are responsible for the unauthorised use of the Telecard Function, you will be required to pay for the total cost of all calls made between the time:
- when you became aware (or ought reasonably to have become aware) of the loss, theft or misuse of your Card or the breach or likely breach of your Telecard PIN security; and
- when you notified us.
For example (without limitation), where you:
- voluntarily disclose the Telecard PIN;
- indicate the Telecard PIN on your Card;
- do not disguise your Telecard PIN and/or do not keep that record away from your Card and in a place where it is not likely to be lost or stolen; you will be required to pay for the total cost of calls made before you notified us under 7.
9. What happens if there is a computer or equipment malfunction?
If, as a result of an equipment malfunction or computer error, you are incorrectly charged for the cost of a call, we will correct that error and either refund or adjust the Account with any relevant charge.
10. Complaints and resolutions
10.1 notice of complaint
You should ring us on our customer service number (1800 038 000† if in Australia. or, if overseas, call the local foreign operator and ask for a reverse charge call to 61 3 9632 6062) if you think:
- there has been an error in the statement of Account
- there has been or may be unauthorised use of the Telecard Function or
- you have some other complaint.
You will be required to tell us information which is relevant to your complaint. This may include your name, address, Card number and details of the suspected error.
10.2 What happens if we can’t resolve the matter?
If we cannot resolve the matter with you straight away, we will give you a written notice of our procedures for resolving disputes.
Within 21 days of you lodging your complaint we will complete our investigation of the matter and give you written notice:
- of the outcome of our investigation as well as our reasons or
- that we need more time to investigate the matter.
If we advise you that we need more time to investigate the matter and if there are no exceptional circumstances, we will complete our investigation within 45 days of you lodging your complaint.
If there are exceptional circumstances, we will give you a written notice advising you of this fact.
When we have completed our investigation, we will promptly advise you in writing of the outcome of our investigation as well as our reasons.
If we conclude as a result of our investigation that an error has occurred, we will promptly correct it, including where appropriate, adjusting the Account.
We will advise you of the amount of the adjustment in written notice.
11. Changes to these terms and conditions
For Consumer Customers and Small Business Customers, we can make changes to your Service in accordance with the General Terms of Our Customer Terms. A summary of the relevant sections of Our Customer Terms is set out below.
If you are a consumer customer or small business customer we can change any term of these terms and conditions by getting your consent or complying with this section.
11.1 Beneficial or neutral changes
We can change these terms and conditions without telling you if the change is beneficial or neutral to you. Otherwise, we do so as set out below.
11.2 Changes without notice
We can change these terms and conditions without telling you beforehand in the following circumstances:
- we make a change required by law or necessary for security or technical reasons
- we change or impose tax-based changes
- we change charges for international services
international roaming services or - we change or impose ancillary charges.
However, we will publish a notice summarising the change in a national newspaper 3 working days before the change (or in the case of a change required by law or necessary for security or technical reasons, within 3 working days after the change) and in most cases will also provide written notification to you within 16 weeks of the change.
11.3 Changes which have a minor detrimental impact
We can also change these terms and conditions without telling you beforehand (but will provide notification as set out in 11.2) if we reasonably consider the change will only have a minor detrimental impact on you.
11.4 Other changes
Except as provided for in 11.1 to 11.3 above, we can change these terms and conditions by telling you about the change at least 30 days beforehand.
11.5 How we can tell you about changes
We can tell you of changes to these terms and conditions, unless specified otherwise in this section, by: bill message, bill insert, direct mail, email (if you have an email address and have agreed for us to tell you about changes to these terms and conditions by email). In addition to this notice, we may also publish a notice in a national newspaper.
11.6 Changes for Corporate Customers
If you are a Corporate Customer, we change any of these terms and conditions by getting your consent or complying with this section. We can change these terms and conditions without giving you notice beforehand if:
- we make a change that is beneficial or neutral to you
- we make a change that we reasonably consider will have a minor detrimental impact on you
- we make a change required by law or necessary for security or technical reasons
- we change or impose tax-based changes
- we change charges for international services or international roaming services or
- we change or impose ancillary charges. For all other changes to these terms and conditions, we can change these terms and conditions by providing you with 30 days' written notification.
12. Cancellation of the Telecard Function
12.1 Cancellation By Us
The cancellation provisions in the General Terms of Our Customer Terms apply to Telecard. We may, temporarily or permanently, cancel your Service (in some circumstances without giving you notice) in accordance with the General Terms of Our Customer Terms.
For example, we may cancel your Service if:
- you do not pay a bill on the Account
- the Account is closed
- you fail to comply with these terms and conditions.
For example, we may cancel, suspend or restrict your Service by telling you with as much warning as we reasonably can if:
- we think that an unauthorised person is using it or may use it when there is excessive or unusual use of the service
- for security of our services or individual accounts
- there is an emergency that affects our ability to provide the service
- in our view you are, or are likely to become, bankrupt or insolvent
- The Australian Competition and Consumer Commission issues a competition notice in relation to the service or Telstra anticipates that it may do so or
- the supply of the service by Telstra is or may be unlawful or Telstra anticipates that it may become so.
12.2 Cancellation By You
You may cancel the Telecard Function of your Card by:
- ringing our Customer Service Team on 1800 038 000† if in Australia. Or, if overseas, call the local foreign operator and ask for a reverse charge call to 61 3 9632 6062 or
- notifying us in writing (including by email).
If you notify us by telephone, the Telecard Function will be cancelled straight away. If you notify us in writing, the Telecard Function will be cancelled within two days of us receiving your written notice.
13. Liability
The liability provisions in the General Terms of Our Customer Terms apply to Telecard. The following is only a summary of those liability provisions, and it is very important that you read Our Customer Terms for the full provisions.
13.1 Our liability to you if you are a Consumer Customer
If our services are used by you in pursuit of financial gain (such as to conduct share trading), it is very important that you have an alternative means of communication available and do not solely rely on our services.
In many cases, we accept our liability to you for breach of contract or negligence under the principles applied by the courts. Some exceptions are set out below.
As your service is provided to you for the primary purpose of personal use, we do not accept liability to you for losses that result from the use of your service in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so.
We are not liable for any loss to the extent that it is caused by you, results from your failure to take reasonable steps to avoid or minimise your loss, or caused by us failing to comply with our obligations due to events outside our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God).
13.2 Our liability to you if you are a small Business Customer
We are not responsible for loss or damage arising from circumstances beyond our reasonable control or to the extent caused by you. In many cases, we accept liability in relation to interruptions or delay, and for breach of contract or negligence (in particular for personal injury or death, damage to real property and some direct losses but excluding loss of profits, likely savings or data), but in certain cases our liability may be limited (eg to paying applicable service level rebates or the repair or replacement of property or to an amount payable to us under Our Customer Terms for 12 months of acquiring a relevant service).
Other than the liability (and to the extent) we expressly accept, we exclude all other liability. To the extent that such liability cannot be lawfully excluded, our liability is limited to resupplying/repairing or paying the cost of resupplying/ repairing services/goods.
13.3 Our liability to you if you are a Corporate Customer
We accept liability for our negligence in relation to supplying services if it causes personal injury. If our negligence in relation to supplying services causes damage to property, we will replace or repair the property (or pay to do so).
Certain laws imply terms into contracts for the supply of goods or services that cannot be excluded (e.g. that services are provided with due care and skill and goods are reasonably fit for their purpose and of a certain quality). If those terms are implied into Our Customer Terms and we breach them, we accept liability for the breach. Our liability is limited to resupplying, repairing or replacing the relevant goods or services where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so.
Otherwise, we are not liable to you in contract, tort (including negligence), or otherwise for any loss or damage (e.g. lost profits or business or consequential losses).
13.4 Your liability to us
If you and one or more others are the customer for a service, each of you is jointly and individually responsible for all charges and other obligations relating to that service.
Consumer and Small Business customers are liable to us for breach of contract or negligence under the principles applied by the courts but are not liable to us for any loss to the extent that it is caused by us.
Corporate customers must indemnify us against (and must pay us for):
(a) any loss or damage we suffer relating to the use (or attempted use) of your service or equipment used in connection with your service; and
(b) any costs (including legal costs) relating to any breach by you of Our Customer Terms.
14. General Matters
14.1 Meaning of words
The meaning of words is explained below:
- Account means a telephone account opened by us to which we will charge the cost of telephone calls made with the Telecard Function, interest or any other fees chargeable to you under these conditions.
- You will be a Consumer Customer if your Service is of a kind ordinarily acquired for personal, domestic or household use and you are using your service for the primary purpose of personal, domestic or household use
- You will be a Corporate Customer if you acquire your Service for the purpose of resale, or you are business or non-profit organisation (including a body corporate, sole trade, partnership, trust or registered charity) who had a genuine and reasonable opportunity to negotiate the terms of your contract with us; or has or will have an annual spend with us which is, or is reasonably estimated by us to be, greater than $20,000; and you are using your service for the primary purpose of business use.
- Service includes any goods or equipment provided as a component of the Telecard Function.
- You will be a Small Business Customer if you are a business or non-profit organisation (including a body corporate, sole trader, partnership, trust or registered charity), and you are using your Service for the primary purpose of business use and you did not have a genuine and reasonable opportunity to negotiate the terms of your contract with us and you had or will have an annual spend with us which is, or is reasonably estimate by us to be, less than $20,000, as long as you are not acquiring a service for the purposes of resale.
- Telecard Function means the function described in 2.
- Telecard PIN means your personal identification number issued by us to enable you to use the Telecard Function.
- We or us refers to Telstra Corporation Limited ABN 33 051 775 556.
- You are the person whose Card has a Telecard Function.
14.2 Notices
Any notice you serve on us in connection with these conditions must be in writing sent to:
Telstra Telecard
Private Bag 5000
Burwood Post Office
Burwood
Victoria 3125
or via FREEFAX™ 1800 654 842¹
14.3 Further copy of this Contract
We will provide you with a copy of this contract on your request.
Things you need to know
1 A free call from most fixed phones.
