These Standard Terms and Conditions apply to services supplied to consumers by Think Pickle Pty Ltd (ABN 36 165 711 731).
1. The Agreement An agreement is formed when you apply to acquire a service from us and we accept your application. The application may be made over the phone, or by completing an online ordering process or a physical order form. You warrant that you are over 18 years of age and legally entitled to enter into the agreement.
The agreement will be made up of:
If there is inconsistency between any part of the agreement, the inconsistency will be resolved according to the following order of priority:
2. Period of the Agreement
3. Changes to the Agreement We may change the agreement in the following circumstances:
We may withdraw any plans/packages at any time by giving you notice but such withdrawals will only take effect from the end of your then current fixed-period contract.
Notice of a change to the agreement may be given by us:
Changes to these standard terms or a service description will be made available online and you are encouraged to check our website regularly.
If we change the agreement under clause 3.1(f), you may cancel the agreement within 42 days of the date of the notice without incurring charges, other than usage or network access charges to the date the agreement ends and outstanding amounts for installation or for equipment with other suppliers’ services.
Your ongoing use of the service after the date of a variation, alteration, replacement or revocation or on the expiry of the 42 day period, is deemed acceptance of the variation, alteration, replacement or revocation.
4. Applications You warrant that information provided to us in the application is true and correct in all material respects and you acknowledge that we will rely on it. You agree that, if you give us incorrect information during an application which is then relied upon and used by a third party carrier for the provision or attempted provision of a service, you will be liable for a resubmission payment to us.
An application for Service may be refused by us in the following circumstances:
By applying for a service, you authorise to communicate with credit referencing bodies/associations about your credit history and in so doing to provide them with the details that you have provided to us. We may do this from time to time during the term of the agreement
We may apply restrictions to a service where you have not met our credit assessment criteria. We will advise you of the general nature of the reasons for these restrictions and, if applicable, how you may access services which have been restricted.
We may pay commission to a dealer or agent acting on our behalf who is involved in your application process.
5. Your Private Information As part of your application and in connection with the provision of service to you, we may obtain from you private information about you. Pickle is required by law to collect certain Personal Information about you, including your name, address and telephone service number to provide it to the operator of the Independent Public Numbering Database (IPND). Information in the IPND is used to develop directories and to assist emergency service organisations.
From time to time we will update you on our services, news, promotions and offers including those from related or affiliated organisations. You consent to us contacting you at any time (including after you have terminated the agreement), for this purpose through any available contact methods. You can withdraw your consent at any time by contacting us.
6. Minimum Contract Period The minimum contract period is the minimum fixed period during which you must acquire the service. The minimum contract period may be specified in your application or in the plan. The minimum contract period commences when the service is activated.
If, during the minimum contract period, you cancel the service or we cancel the service because of your default, you may be liable to pay an early termination charge which is either set out in the plan brochure or in the service description.
Once the Minimum Contract Period is over, your service will continue to renew automatically, and you will continue to be charged for the service, until such time as you or we cancel the service by giving 30 days notice.
7. Usage You acknowledge that charges will be incurred when the service is used. It is therefore important that you take steps to ensure that such usage does not occur without your authorisation. You should ensure that you are in control of devices that might make use of your services, such as computers, handsets, mobile phones, and wireless devices connected to your service and that third parties cannot access or use such equipment without your authority. You acknowledge that usage of some services can occur because of an infection of your computer with a virus or due to other unauthorised third party intrusions. You should ensure that you have appropriate protection systems operating on your equipment to restrict or limit the possibility of unauthorised usage.
As we are not able to control access or usage of your handsets and other equipment, you are responsible for all usage charges in respect of the use of the service, whether or not such usage was authorised by you, unless the usage was caused by a mistake by us.
You are not permitted to authorise a third party to use your service without direct supervision and/or written authorisation by us.
You acknowledge that we cannot be held responsible for any loss incurred by you because of faults and/or failures within a third party carrier’s network infrastructure.
While we will use our best endeavours in providing the service, you use it at your own risk. Even if you lose some equipment or permit another person to use your service, you are solely responsible for its use including:
The service is provided to you on the basis that it is used only for approved purposes. In particular you must:
You must not use the service in a way which contravenes any fair use policy, acceptable use policy or fair go policy that applies to the service.
We may suspend or terminate, with or without notice, your service if, in Pickle’s reasonable opinion, the service has been directly or indirectly involved in activities that are detrimental to our internet service or jeopardise the use of our service or its performance for other customers or how the wider community will perceive Pickle. Such activities include, but are not limited to:
You must not use the service in a way or post to or transmit to or via the service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the service. You must not use the service to send unsolicited electronic mail messages to anyone. You must not attempt any of these acts or permit another person to do any of these acts.
We may suspend without notice your account if it has been used in offensive and/or illegal activities under State and/or Commonwealth laws. This includes the dissemination of banned pornographic material and other illegal content. In such cases, the relevant law enforcement agency(ies) will be notified, and offending material(s) may be passed on to them.
If who use a website or web hosting service provided by us for the public dissemination of violent or pornographic material, you must issue appropriate content warnings and provide viewing guidelines on your website, as per the Classification Act. This is especially important with respect to content which is likely to be considered unsuitable for children according to the Classification Guidelines provided in the Act. If it is brought to our attention that these appropriate content warnings and/or viewing guidelines have not been provided, then we reserve the right to suspend or terminate your account and pass this information on to the relevant authorities.
What constitutes inappropriate use will be determined by us, at our sole discretion provided that we act reasonably.
We may monitor the use of your service, however we do not promise to do so. If we identify excessive use or unusual activity we may temporarily restrict or suspend your service. If we do so we will endeavour to contact you via your nominated primary contact details. We may require an advance payment before your service is restored. You should not rely on us to contact you or to suspend your service in the event of excessive or unusual activity.
We may investigate any misuse of the service by you, in conjunction with relevant law enforcement agencies. If your use of the service results in loss to other users or us, you may be liable to pay compensation.
8. Phone Numbers This section applies if you acquire a telephone or other service number.
If you do not already have a phone number for your phone for use with the service, we will issue you a phone number. All phone numbers are selected, issued and used by us in accordance with ACMA’s Numbering Plan and Telecommunications Numbering Plan Number Declarations (numbering regulations).
We may be required to recover or recover and replace a phone number we have issued to you in order for us to comply with the numbering regulations.
We will give you as much notice as is reasonably practicable if we have to do this.
You may request a new phone number. If we agree to issue you a new phone number, you may have to pay a charge.
If you need a new phone number because you have received calls of a harassing nature and you reported the matter to the relevant law enforcement agency, we will supply you with a new phone number free of charge on the first two occasions. You will have to pay a charge for any further phone number changes.
You do not own the phone number but your right to use the phone number starts when we issue the phone number to you.
Your right to use the phone number ends if you no longer obtain the service unless you port the phone number.
You may transfer your service number to another carrier or service provider. If you do so you acknowledge and understand that:
In the event that you transfer from us prior to the expiration of the minimum term of your plan you will be liable for any outstanding fees and charges including plan payout and plan cancellation fees.
Where you transfer to us:
If you stop obtaining the service and do not port the phone number, we may issue the phone number to another customer in accordance with the numbering regulations.
We are not liable to you for any expense or loss incurred by you due to:
If your service is disconnected or transferred from us you must pay us all outstanding amounts under the agreement. Once we have received payment, we will refund to you any amount(s), which we may still hold. If we are unable to refund monies owed within 12 months of your disconnection we will retain the funds, which you agree to forfeit to us.
9. IP Adresses
10. Billing and account payment The plan brochure or service description may provide that bills will not be issued. If that is so, charges will be incurred notwithstanding that no bill has been issued.
Where we have agreed to issue bills, we will send to you by mail or email notification a tax invoice at the end of billing periods unless the plan brochure stipulates otherwise. You must pay all outstanding amounts by the due date as shown on your tax invoice.
Usage records and download times can vary from time to time. Whilst we aim to do so, we are unable to guarantee that all usage records during a billing period will appear on the corresponding bill. This is particularly so for charges incurred whilst using international roaming but also applies for other types of usage.
Payments may be made to us through our available payment methods. Service fees and charges may apply for some available payment methods. We will apply payments made by you against outstanding tax invoices at our discretion.
If you have chosen to use our direct debit facilities, and we have not received your payment by the due date, unless we agree with you otherwise, we will debit your nominated account on or after the due date. We may continue to do so at any time until all amounts due are paid. We will provide SMS or email notification when debits are made.
Where in our opinion you have a reasonable claim or dispute with an invoice or a debit, we will suspend our collection or recovery processes until a determination on your claim or dispute has been made. We will reimburse any incorrectly debited amount as soon as reasonably practicable.
All administration, registration and set-up fees are non-refundable. You may exchange or receive a refund for equipment which has not been opened or used and has been returned to us within 30 days of purchase. If you require us to send to you a printed copy of an invoice, this may be subject to an administration fee that will be determined depending on your request.
Accepted credit cards: Visa, Mastercard, American Express, Diners Club. Accounts paid with an American Express or Diners Club card will incur a surcharge of 1.9%(incl. GST) of the debited amount respectively when we debit the card.
You are responsible for ensuring there is sufficient funds/credit available in your nominated credit card or direct debit account at any time we debit the account. You must pay dishonor fees and any other charges, expenses or losses resulting from our attempting unsuccessfully to debit the credit card or direct debit account unless the failure was due to a clear error on our part. Dishonored cheques incur a $16.50 inc GST handling charge. Direct Debit rejections incur a $10.00 inc GST charge.
You are required to inform us if your credit card is due to expire at least two weeks prior to the expiry date and are required to provide us with details of a current credit card. You must also advise us if your nominated direct debit account is transferred or closed, or the account details have changed.
Where a customer provides a new credit card number or re-advises a credit card number, Pickle will immediately debit the credit card for any outstanding amount owing or an amount of $1 if there is no current amount owing. This debit is to confirm with the Customer’s financial institution that the card number and CVC are correct. The CVC is not retained by Pickle. The amount received is credited to the customer’s account.
Pickle will not accept Prepaid Visa/Master credit cards or gift cards.
If you have failed to pay to Pickle an amount which is due, we may following appropriate notice to you refer the debt to a third party collections agent for the purpose of collection activity. You must pay all costs, charges and expenses that we may incur in relation to our attempts to recover all debts due by you to us, including accounting, mercantile agents costs and interest.
11. Suspension/Disconnection of the service If your fixed period contract has expired or you are on a month-to-month contract, you or we may disconnect the service and cancel the agreement at any time by giving 30 days notice.
If you fail to comply with what we consider to be an important term or condition of this agreement or should you fail to comply with a number of less important terms and conditions then we can suspend or disconnect your service or reroute calls from your service. We will generally provide you with notice of your failure and allow you a reasonable time to remedy it. However we may suspend or disconnect your service without notice to you where:
In the following additional circumstances we may suspend or disconnect your service(s) or reroute calls from your service(s) but we will provide you with reasonable notice prior to doing so:
Where one or more services included in a bundled offer(s) are disconnected, entitlement to any discounts under such offers may be forfeited.
While your service is suspended or disconnected we will continue to charge you any applicable fees and charges. We will only do so where the suspension or disconnection is due to your failure to comply with your obligations under this agreement, or is performed at your request.
Where we disconnect your service prior to the expiration of the minimum term of your plan you will be liable for any outstanding fees and charges, including the remaining access fees on your plan plus a plan cancellation fee if applicable. We will only charge a plan cancellation fee in circumstances where you have failed to comply with an important term or condition of our agreement.
We are not liable to you or any person(s) claiming through you for any loss or damage arising from suspension or disconnection of your service in accordance with this clause.
12. Force Majeure We will not be liable for:
13. Liability You may have certain rights and remedies under:
We do not exclude or restrict or modify those rights, remedies or implied conditions and warranties.
Where we are liable for any loss or damage in connection with or arising from the breach of any term, condition, warranty or remedy implied by the Competition and Consumer Act 2010 (Cth) our liability is limited to resupplying, repairing or replacing the relevant service or equipment where the service or equipment is not of a kind ordinarily required for personal, domestic or household use or consumption and where it is fair and reasonable to do so.
You must let us know as soon as you become aware or believe that you have a claim against us.
We are not liable for any defamatory, offensive or illegal conduct or material found in connection with our services, including such conduct or material transmitted by any means by any other person
You indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of or in any way connected with your use of the service or the equipment in a manner contrary to the terms of this agreement.
Where you are two or more persons your liability will be joint and several.
14. Assignment You may transfer your rights and obligations under this agreement to other person(s) approved by us under our assessment policies.
Where we reasonably consider there will be no detriment to you, we can without your permission and without notice:
If we do any of the above the transfer or delegation or novation will take effect when the relevant document is signed. You irrevocably appoint us as your attorney to sign any necessary documents to enable the transfer, delegation or novation to take effect.
15. Governing law This agreement is governed by the laws of the state or territory of Australia in which you are normally resident. You and we agree to submit to the jurisdiction of the courts of such state or territory.
16. Meaning of words
Complaint Handling Policy Pickle aims to provide our customers with the best possible service. If you haven’t received the service you expected or you would like to make a suggestion we always appreciate your feedback.
Consumers and former customers have the right to make a complaint for escalation within Pickle.
A complaint means an expression of dissatisfaction made to us in relation to our products or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected by you. Contacting Pickle to request support or to report a service difficulty is not necessarily a complaint.
Level 1 Customer Support Pickle Technical Support is the level 1 customer support within Pickle who assist to resolve issues of a technical nature.
Pickle Customer Service is the level 1 customer support and main point of contact within Pickle for questions regarding your account or for information about our services.
If you are having difficulties with your Customer Service or Technical Support representative, a supervisor may be called upon to assist.
Pickle believes that our internal resolution process is the most effective and quickest way to resolve issues.
Pickle Customer Service/Technical Support can be contacted by: Email - [email protected] Phone - 1300 688 588 Mail - 54 Chandos Street, St Leonards NSW 2065
Making a Complaint If our Customer Service or Technical Support teams have been unable to satisfy your issue, you can request for your call to be considered a complaint.
You may also make a complaint directly to Customer Relations, a specialist complaint resolutions team, by: Email - [email protected] Mail - PO Box 1844, Macquarie Centre, North Ryde, NSW 2113
You may nominate an authorised representative or advocate to liaise with us on your behalf. If you need assistance with understanding this process or lodging a complaint, please let us know. This includes consumers with a disability or those who are suffering hardship or are from a non-English speaking background.
What We Will Do Next We will acknowledge a complaint immediately on the phone or within 2 business days of receiving it and provide you a reference number. Where possible, our level 1 Customer Service and Technical Support teams will resolve your complaint upon first contact. Where they have been unable to do so, our Customer Relations team will take over management of the complaint and resolve your complaint within 15 business days of receiving it, depending on the complexity of your complaint.
We will let you know any reasons for delay and a specific timeframe for resolution. We will keep you updated with the status of your complaint and you may contact us either by phone or by email with your reference number to request a status update. Please note that Pickle is unable to implement any resolution until you have accepted it.
Further options You will find the majority of matters can be handled by Pickle’s internal processes and we do ask that you first allow us the opportunity to exhaust all avenues in resolving your complaint. However, if you are not satisfied with our handling of your complaint and you have escalated this within Pickle, you may seek complaint mediation or further assistance from the Telecommunications Industry Ombudsman (telephone 1800 062 058) or the fair trading department in your state or territory.
Urgent Complaints Please advise us if your complaint is urgent. Complaints will be considered as urgent if:
Please note Pickle does not offer the Priority Assistance scheme.
Urgent complaints will be acknowledged within one business day. We aim to resolve the urgent aspects of such a complaint within 2 business days or let you know of any reasons for delay and a specific timeframe for resolution.
Summary Of Financial Hardship Policy Financial Hardship is a term used to describe a situation where a person is unable to meet their financial commitments due to one or more factors contributing to their financial position. Common contributing factors include:
If you are having a problem paying your bill, or you wish to discuss options available to you to minimise your bill, call Customer Service today on 1300 688 588 (option 3). Monday - Friday 9am - 5:00pm AEDST The earlier you contact us, the better. Discussing your concerns gives us the opportunity to help you manage your bills.
If you do require time to pay an outstanding amount, agreeing to a payment plan and sticking to it can help prevent disconnection or restriction of your service. Disconnection of your service is used only as a last resort, and we will endeavor to work with you to ensure this does not happen.
To assist us in establishing the level of support you require, dependent on your individual circumstance, we may request supporting evidence, including, but not limited to:
Minimising your Debt There are options available for minimising your debts and staying connected whilst managing your spending. Examples include:
Further Options There are also a range of other financial support services available such as free financial counseling services offered in each state and territory in Australia. For more information on these and other options available please see the ACMA’s website.