The concepts and terms summarised in this section apply to all Home and Family products and services.
Disclosure of personal information to certain third parties
Our Privacy Statement explains how we collect, use, store, disclose and handle your personal information.
In particular, you should be aware that:
- if we use a third-party service provider to provide a service to you, we may disclose your personal information to that third-party service provider for the purpose of providing the relevant service to you;
- if we provide you with an nbn service or any services related to an nbn service or to the nbn network, we may disclose information about you to NBN Co; and
- if you have provided us with the details of your Pensioner Concession Card or Health Care Card (for example to confirm your eligibility for a specific discount or plan), we may disclose those details to Centrelink or the Department of Veterans’ affairs (as applicable, depending on the organisation that issued the card) to determine whether your Pensioner Concession Card or Health Care Card is valid.
Device and equipment ownership
We retain title and ownership of any device, accessory or equipment you purchase from us until you have paid us in full for that device, accessory or equipment. For example, if you are paying for a device in multiple instalments over a 24-month period, you do not own that device until you have paid the total price for that device.
We may update Our Customer Terms from time to time
From time to time, we may change Our Customer Terms (and the terms that apply to your service, including pricing and inclusions). Generally speaking, if the change is likely to benefit you or to have a neutral impact on you, we will not notify you of the change. In other circumstances, we will notify you of the change in advance. Please refer to Our Customer Terms for more details.
Termination of your service
If your service is provided on a month-to-month basis, we can cancel your service at any time if we tell you at least 30 days’ in advance, or if we transfer you to a reasonably comparable alternative service.
If your service is provided on a fixed term basis (e.g. 12-month or 24-month), we can cancel your service at any time if we take reasonable steps to appropriately offset the effect of the cancellation on you (for example, by providing a credit or rebate to you) and/or if we transfer you to a reasonably comparable alternative service for the remainder of your fixed length contract.
Renewal of your service
Unless specified otherwise in the relevant section of Our Customer Terms, your service will renew and continue on a month-to-month basis at the end of its fixed or minimum term.
Early termination charges for fixed term contracts
If your service is provided on a fixed term basis (e.g. 12-month or 24-month) and it is cancelled before the end of its fixed term for any reason other than our material breach, we may charge you an early termination charge. The applicable early termination charge (if any) is set out in the relevant Critical Information Summary or section of Our Customer Terms for your service. We will not charge you an early termination charge if we terminate your service without cause.
Device and equipment repayment
If you purchase any device, accessory or equipment from us via any payment or repayment plan or option (such as any Mobile Repayment Option, Accessory Repayment Option, Device Purchase Plan or Device Payment Contract) and either it or the service to which it is associated is cancelled, you will be required to pay the remainder of the applicable price for the relevant device, accessory or equipment.
Failure to return equipment
If we lend or lease any device, equipment or accessory to you (including where we provide a device to you and you are required to return that device to us on termination or expiry of your service) and you fail to return it to us when required (including, for example, if it is lost or stolen), we may charge you a non-return fee to replace the relevant device, equipment or accessory.
Our liability to you
We will use due care and skill in providing our services but, in particular due to the nature of telecommunications systems (including our services’ reliance on systems and services that we do not own or control), we cannot promise that our services will be continuous or fault-free.
We are not liable to you for any loss that results from your failure to take reasonable steps to avoid or minimise the loss, that is caused by events outside of our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike, floods, storms, fire, etc.), or that was otherwise caused by you. We also exclude liability that results from your use of a service in connection with the conduct of a business, and if our liability cannot be excluded but can be lawfully limited then 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.
NBN Co’s liability to you
If we provide you with an nbn service, to the maximum extent permitted by law and subject to your rights under consumer protection laws which may apply and which cannot be excluded, NBN Co is not liable for any loss or damage in connection with the nbn services.