Standard Terms & Conditions

These Standard Terms and Conditions apply to any Services supplied to customers (you, your) by BBIX AUSTRALIA PTY LTD (ABN: 72 669 382 950) (BBIXAU, we, us, our) unless you and BBIXAU have agreed in writing to different terms and conditions applying.

1. Definitions

   1. In these Standard Terms and Conditions:

   Australian Consumer Law means the "Australian Consumer Law" set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).

   Early Termination Charge means the amount specified in your application, or in the Service Description or Plan Brochure, that is payable in certain specified circumstances if the agreement is cancelled or terminated before the end of the Minimum Contract Period.

   GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the regulations associated with that Act.

   Minimum Contract Period is the minimum fixed period during which you must acquire the relevant Service, and is specified in your application or in the Plan Brochure for that Service.

   Plan Brochure has the meaning given in clause 2.3c.

   Service means any of the services that we agree to provide from time to time, including any goods or equipment that may be provided in connection with those services, as described in the agreement documents referred to at clauses 2.3.

   Service Description has the meaning given in clause 2.3b.

   Unlawful Material means any unlawful material, and includes any child sexual exploitation material, pro-terror material, crime and violent material and drug-related material.

2. The Agreement

   1. Our obligation to supply the Service to you is subject to the following conditions:
      1. the Service must be available for us to provide to you; and
   2. 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.
   3. The agreement will be made up of:
      1. your application;
      2. the document that describes and details the Service we are providing to you (Service Description);
      3. the plan brochure or other document provided to you relating to the Service during the application process (Plan Brochure); and
      4. these Standard Terms and Conditions.

3. Period of the Agreement

   1. The agreement commences when your application is accepted by us.
   2. For contracts other than fixed period contracts, the agreement will continue until it is terminated by either party on 30 days’ notice or otherwise in accordance with the agreement.
   3. For fixed period contracts, the agreement will continue:
      1. for the Minimum Contract Period;
      2. beyond the Minimum Contract Period if clause 3.4 applies; or
      3. until it is terminated in accordance with clause 11.
   4. If neither you nor we cancel the agreement at the end of the Minimum Contract Period, we will continue to supply the Service to you on the terms of this agreement, subject to any changes notified to you under clause 3.5, until either party elects to terminate on 30 days' notice.
   5. If we:
      1. elect to no longer provide the Service to you at the end of the fixed period contract; or
      2. wish to change the terms of the agreement, including charges,

      we will inform you of this at least 30 days before the end of the fixed period contract.

      We may also change the terms of this agreement in accordance with clause 5 of this agreement.

4. Minimum Contract Period

   1. If you enter into an agreement for a fixed term contract for a Service, you agree to acquire that Service for the Minimum Contract Period. The Minimum Contract Period commences when the Service is activated.
   2. If, during the Minimum Contract Period, you cancel the Service for convenience or we cancel the Service because of your default, you must pay us an Early Termination Charge.

5. Changes to the Agreement

   1. Subject to clauses 5.2 and 5.3, we may change the agreement in the following circumstances:
      1. Where you agree to the change;
      2. Where the change will benefit you or will not adversely affect you and, before the changes take effect, we have given you notice of the change;
      3. Where the change is to introduce or vary a fee or charge to pass on a tax or levy imposed by law and, before the changes take effect, we have given you reasonable prior notice of the change;
      4. Where the change is to introduce or to vary a charge associated with things where we rely on a third party for the Service and the third party increases its price to us and, before the changes take effect, we have given you reasonable prior notice of the change;
      5. Where required to comply with applicable law and, before the changes take effect, we have given you notice of the change;
      6. Where we wish to change the Service, our fees and charges, or any other terms of our agreement, even if they may adversely affect you, provided that we provide you with reasonable prior notice of the change.

      Generally, we will provide you with at least 30 days' notice of any agreement change(s) unless a shorter notice period is required in order to comply with law. The effective date of the change(s) will be on the date specified in our notice informing you of the change(s) (the "change effective date").

   2. If the agreement is a fixed period contract and the change will likely adversely affect you (including changes of the type mentioned under clause 5.1c., 5.1d, 5.1f):
      1. you have the right to cancel the agreement by providing notice to us within 30 days of receiving the relevant change notice;
      2. no Early Termination Charges are payable by you if you cancel in accordance with clause 5.2a;
      3. you will remain liable to pay usage or network access charges up to the date the agreement ends, plus any outstanding amounts that had been invoiced but not yet paid (for example, for equipment installation); and
      4. if you have paid any amounts in advance for the provision of any Services beyond the termination date which you will no longer receive or have the benefit of, we will provide you with a pro-rata refund of such amounts.
   3. If you are on a contract other than a fixed period contract you have the right to cancel your agreement at any time for any reason on 30 days' notice to us, and no Early Termination Charges are payable. If you are on a contract other than fixed period contract and the change to the agreement will likely adversely affect you (including changes of the type mentioned under clause 5.1c., 5.1d, 5.1f)), you can exercise your right to cancel the agreement on 30 days' notice, and:
      1. you will remain liable to pay usage or network access charges up to the date the agreement ends, plus any outstanding amounts that had been invoiced but not yet paid by you (for example, for equipment installation); and
      2. if you have paid any amounts in advance for the provision of any Services beyond the termination date which you will no longer receive or have the benefit of, we will provide you with a pro-rata refund of such amounts.
   4. We may withdraw any plans/packages at any time by giving you at least 30 days' notice but such withdrawals will only take effect from the end of your then current fixed-period contract.
   5. Notice of a change to the agreement may be given by us to you:
      1. by email to your nominated account email address,
      2. with or as part of a bill, or
      3. otherwise in writing, including by fax, Email or text message to your mobile number.
   6. Changes to these Standard Terms and Conditions, a Service Description or Plan Brochure will be made available online and you are encouraged to check our website regularly.
   7. If you continue to use of the Service after the change effective date for the relevant change, you are deemed to have accepted the change.

6. Applications

   1. 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 in an application which is then relied upon and used by a third-party carrier for the provision or attempted provision of a Service, we may charge you the resubmission fee specified in the agreement.
   2. An application for Service may be refused by us at our discretion including in the following circumstances:
      1. Where there is a technical limitation to our ability to provide you the Service, including where there are network capacity constraints;
      2. Where you have not completed an application process correctly or have been unwilling to provide us with a document or information we require;

7. Privacy

   1. As part of your application and in connection with the provision of Service to you, we will collect personal information about you (including any unlisted telephone number and address) in order to:
      1. consider your application;
      2. provide the Service to you;
      3. make certain offers and promotions available to you;
      4. monitor your access to and use of the Service;
      5. comply with laws that apply to us, including telecommunications laws; and
      6. contact and communication with you, including via electronic messaging.
   2. If you don't provide any of the information requested, we may not be able to provide our Service or certain functionality to you or otherwise transact with you.
   3. Our privacy policy located at https://wasabi.net.au/privacy (Privacy Policy) contains information about how you may access the personal information we hold about you, how you may seek the correction of personal information we hold, how you can make a complaint if you believe we have not complied with our obligations under the Australian Privacy Principles under the Privacy Act 1988 (Cth) or any credit reporting obligations under the Privacy Act or the Privacy Credit Reporting Code and how we will deal with such a complaint.
   4. We may disclose your personal information:
      1. subject to clause 7.8 below, to any credit providers or credit reporting bodies to use the information for all purposes permitted by the Privacy Act (1988) including to obtain a credit report about you or your registered business, maintaining a credit information file about you, or notifying a default by you;
      2. to law enforcement agencies and government bodies if permitted or required by law to do so, including to use the information to assist them in the prevention or prosecution of criminal activities;
      3. to conduct ongoing credit management of your account;
      4. to our related entities, agents, suppliers, and service providers including those that provide us with products and services or who help us to provide our Service, or who manage some of our business functions;
      5. to our insurers, auditors and other professional advisers;
      6. to any upstream suppliers for any purposes connected with the Service or your use of the Service;
      7. with your consent, or where disclosure is authorised, compelled or permitted by law.
   5. Some of our related entities, service providers and other recipients referred to in clause 7.4 that may receive or have access to your personal information may be located outside Australia, including in Japan.
   6. You agree that we may collect, hold, use and disclose your personal information in the manner described in these Standard Terms and Conditions, our Privacy Policy and as otherwise permitted by applicable laws or any specific consents you provide.
   7. From time to time we may provide you with updates on our Services, news, promotions and offers including those from related or affiliated organizations. 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 and unsubscribe from marketing at any time by contacting us at [privacy@wasabi.net.au].
   8. Where we disclose your information to any credit providers or credit reporting bodies, we will do so in accordance with our Privacy Policy which can be found at https://wasabi.net.au/privacy.

8. Usage

   1. 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 authorization. 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.
   2. You acknowledge that usage of some Services can occur because of an infection of your computer with a virus or due to other unauthorized third-party intrusions. You should ensure that you have appropriate protection systems operating on your equipment to restrict or limit the possibility of unauthorized usage.
   3. As we are not able to control access or usage of your handheld devices and other equipment you use to access the Service, you are responsible for all usage charges in respect of the use of the Service, whether or not such usage was authorized by you, unless the usage was caused by a mistake by us.
   4. While we will use our best endeavors, due care and skill in providing the Service, you use the Service at your own risk. In particular, you are solely responsible for:
      1. the sites and content accessed;
      2. the content or software downloaded and the effect it may have on your equipment or Service;
      3. the products and services purchased;
      4. the content, material or information provided to others;
      5. the installation of any equipment or software by anyone other than us or our subcontractors, whether the equipment or software was provided by us or not;
      6. your use of any equipment or software, where such equipment or software was not provided by us;
      7. your use of any equipment or software supplied by us other than in accordance with the documentation and instructions for that equipment or software;
      8. the modification of any settings or data on your Service or related Services or equipment;
      9. the personal supervision of any users under the age of 18 who you allow to use the Service;
      10. the lawfulness of your activities when using the Service and accessing any sites and third party content; and
      11. any loss or damage to our equipment that occurs at your premises excluding for fair wear and tear.
   5. you provide your own equipment to access and use the Service, you must ensure that such equipment complies with applicable technical standards and applicable laws, and we are not responsible for deficiencies or issues with the Service caused by your own equipment. If we supply you with equipment:
      1. title in that equipment passes to you once you have paid for the equipment in full;
      2. risk in the equipment passes to you once you receive delivery of the equipment;
      3. we will pass through to you the benefit of any manufacturers warranties that come with the equipment;
      4. without limiting any rights and remedies you have under the Australian Consumer Law or under any manufacturers warranties, you will maintain the equipment in good working order and use it in accordance with the manufacturer's documentation and our reasonable written instructions.
   6. The Service is provided to you on the basis that it is used only for lawful purposes and in accordance with our acceptable use policy, as amended from time to time. Our acceptable use policy may be found at https://wasabi.net.au/privacy. You must not (and must procure that any end users that you permit to use the Service do not):
      1. use the Service in any manner involving illegal, malicious, deceptive or misleading activity;
      2. use the Service to solicit, access, distribute or store any Unlawful Material;
      3. breach any standards, content requirements or codes set out by any relevant authority or industry body;
      4. use the Service in any way which interferes with the operations of the Service network or anyone else's enjoyment of their Service;
      5. use the Service for commercial purposes or in any way distribute or resell the Service without our written permission;
      6. send unsolicited spam or forwarding spammed e-mail to other Internet user's e-mail addresses' being listed or causing the listing of us or our other customers on any real-time blacklist;
      7. engage in e-mail bombing or using bulk e-mail programs to send unsolicited commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages;
      8. attempt to obtain unauthorized access to other Internet servers and systems;
      9. make misrepresentations or engage in abusive or offensive behavior in newsgroups and other online facilities;
      10. post to or transmit to or via the Service any material which interferes with other users, that infringes any third party rights (including intellectual property rights) or defames, harasses, threatens any person or is otherwise offensive; or
      11. use the Service in a way which contravenes our acceptable use policy for the Service.
   7. You must (and must procure that any end users that you permit to use the Service):
      1. comply with all laws, regulations, guidelines and our reasonable instructions concerning your use of the Service;
      2. provide us with all information that we reasonably request in order to provide the Service to you and to cooperate with us in relation to the Service; and
      3. ensure your contact details (including nominated email address and payment details) are up to date and advise us of any changes in your personal information such as account details, debit or credit card details and expiry dates and billing and service addresses;
      4. keep your equipment and devices used to access the Service reasonably secure from unauthorized access, including by using firewalls and anti-virus software and promptly installing software updates and security patches; and
      5. promptly notify us if you become aware of any unauthorized use of the Service or if your login details or account credentials are compromised
   8. We may monitor the use of your Service if it is reasonably necessary; however, we do not promise to do so.
   9. 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.

9. IP Addresses

   1. You agree that the IP address(es) issued to you for use in connection with a Service are only issued to you for use during the term of your acquisition of the Service. On termination of the Service, your right to use the IP Address(es) ceases.
   2. We are responsible for all routing in connection with the Service.

10. Billing and Payment Terms

    1. The Service Description or Plan Brochure may provide that bills will not be issued. If that is so, charges will be incurred notwithstanding that no bill has been issued.
    2. Where we have agreed to issue bills, we will send to you by email notification a receipt at the beginning of billing periods unless the Plan Brochure stipulates otherwise. You must pay all outstanding amounts by the due date as shown on your receipt. Sometimes you have to pay a particular charge in advance.
    3. Where we have agreed to issue bills, we will send to you by email notification to the nominated email address associated with your account a receipt at the beginning of billing periods unless the Plan Brochure stipulates otherwise. Provided we use our best endeavours to deliver your bill to your nominated email address, it will remain payable by you by the due date specified on the bill, whether or not you receive, read or access your bill or any notices from us regarding your bill. If we cannot deliver your bill to your nominated email address, we may contact you to request that you update your email address.
    4. You must pay all outstanding amounts by the due date as shown on your receipt or bill. Sometimes you have to pay a particular charge in advance.
    5. Payments may be made to us through our available payment methods set out at clause 10.9 or such other methods approved by us in writing from time to time. Service fees and charges may apply for some available payment methods, which will be set out in the agreement or notified to you at the time of selecting payment. We will apply payments made by you against outstanding tax invoices at our discretion.
    6. 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.
    7. 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.
    8. Without limiting any rights and remedies (including any rights to receive a refund) that you may have under the Australian Consumer Law (see clause 14):
       1. all administration, registration and set-up fees are non-refundable; and
       2. you may exchange or receive a refund for equipment we have supplied to you which has not been opened or used and has been returned to us within 30 days of purchase.
    9. Accepted credit cards: Visa and Mastercard, American Express, JCB.
    10. You are responsible for ensuring there is enough funds/credit available in your nominated credit card at any time we debit the account.
    11. 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.
    12. BBIXAU will not accept Prepaid Visa/Master credit cards or gift cards or debit card.
    13. If you fail to pay an amount due to BBIXAU by the due date for payment, we will issue an appropriate notice to you outlining the amount outstanding (late payment notice).
    14. If you are experiencing financial hardship or difficulties making any payment under the agreement, please contact us on [0399700445] between 9AM and 5pm on business days in Melbourne Victoria or via [wasabi-admin@wasabi.net.au]. You have a right to apply for financial hardship assistance which is free service, and further details of the assistance available are set out in our payment assistance policy. Our payment assistance policy is available at https://wasabi.net.au/termsandcondition.
    15. If:
        1. you fail to pay an outstanding amount by the date specified in the late payment notice; and
        2. you are not engaging with us under the payment assistance policy and we have not entered into an alternative arrangement with you (such as a payment plan),

        without limiting any rights to suspend or disconnect your Service pursuant to clause 12, we may also refer the debt to a third-party collection agency for recovery of the outstanding amount. You must pay all reasonable costs, charges and expenses that we directly incur in relation to our attempts to recover any debts due by you to us, including debt recovery agents’ costs. We will comply with our payment assistance policy and applicable telecommunications laws and standards before engaging a debt recovery agent or suspending or disconnecting your Service for non-payment.

    16. The fees for your Services may not include all taxes. You must pay any applicable taxes we include as part of an invoice including any applicable GST.

11. Cancellation of Service

    1. You may cancel the Service, including prior to the Service start date, at any time by giving thirty (30) days’ notice (including if you do not wish to continue to use the Service after the end of the Minimum Contract Period). You may also cancel the Service if we are in breach of an important term or condition of the agreement and we do not rectify the breach within 30 days of being notified of the breach.
    2. If your agreement is a fixed period contract and:
       1. you cancel the Service during the Minimum Contract Period for convenience on written notice to us; or
       2. we disconnect the Service during the Minimum Contract Period in accordance with clause 12 due to you being breach of an important term or condition of the agreement and you fail to rectify that breach within a reasonable time of being notified of the breach, and clause 11.3 will apply.
    3. Where the Service is cancelled prior to the expiration of the Minimum Contract Period in accordance with clause 11.2, you will be liable to pay for any outstanding fees and charges referred to in clause 11.5 and must also pay us an Early Termination Charge.
    4. If your agreement is not a fixed period contract, BBIXAU may cancel the Service at any time by giving you at least thirty (30) days’ notice.
    5. If your Service is cancelled:
       1. you are liable for any charges incurred up to, and including, the last day that you have access to the Service (the "cancellation date");
       2. you authorise BBIXAU to apply any over payment on your account and/or money that you have paid in advance for the Service which is being cancelled to pay for any undisputed outstanding charges (including, if applicable, the Early Termination Charge);
       3. BBIXAU will offer you a pro-rata refund for the remaining portion of your pre-payment to your account; and
       4. if you are required under the Service Description or Plan Brochure to pay for the Service by direct debit payment (either from your nominated bank or credit card account), you authorise BBIXAU to debit any undisputed outstanding charges (including any applicable Early Termination Charge) from your nominated bank or credit card account;
    6. For the avoidance of doubt, no Early Termination Charge will be payable by you:
       1. if your agreement for the provision of a Service is not a fixed period contract and you provided 30 days’ notice; or
       2. if your agreement for the provision of a Service is a fixed period contract that is cancelled after the expiry of the Minimum Contract Period, or if you validly cancel the Service due to our material breach of the agreement which is not rectified within 30 days of being notified of the breach.
    7. If you can use the Service after the cancellation date, you are liable for any charges incurred by you for that use.

12. Suspension or Disconnection of Service

    1. If you fail to comply with 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. We will generally provide you with notice of your failure and allow you a reasonable time to remedy it wherever practicable to do so. Subject to clause 12.3, we may however suspend or disconnect your Service without prior notice where:
       1. there has been, in our reasonable opinion, unusual activity on your Service such as:
          1. activity that is consistent with your Service or equipment connected to your Service having been infected with a virus or other malicious software;
          2. unusually high use of the Service. In such cases, we may (instead of suspension or disconnection) temporarily slow down the speed of your Service; or
          3. conduct or activity that is in breach of the usage restrictions in clause 8.6;
       2. there is an emergency;
       3. any amount owing to BBIXAU in respect of the Service is not paid by its due date and you fail to pay that amount in full within ten business days after BBIXAU gives you a reminder notice requiring payment of that amount. The foregoing does not apply if you are engaging with us under the payment assistance policy or we have entered into an alternative arrangement with you (such as a payment plan) in relation to the relevant amount;
       4. provided we have followed our payment assistance policy and where permitted to do so under applicable telecommunications standards relating to financial hardship, BBIXAU reasonably considers you a credit risk because you have not paid amounts owing to BBIXAU in respect of any Service by its due date and you have also failed to pay that amount in full within the period stated (which must be at least 10 business days) in any notice given to you requiring payment of that amount;
       5. BBIXAU is required to do so to comply with an order, instruction, request or notice of a regulator, an emergency Services organization, any other competent authority or by authorization of or under law;
       6. any Force Majeure Event (defined in clause 13 below) prevents the supply of the Service in accordance with the agreement for more than fourteen days;
       7. you vacate the premises in which you are provided the Service without notifying us beforehand;
       8. there are technical problems with the Service network, or the Service network requires repairs or maintenance;
       9. we believe it is necessary to comply with our legal obligations;
       10. we are entitled to do so under the specific terms and conditions of your plan or package; or
       11. you verbally abuse, attempt, threaten or cause harm to any staff, equipment or network infrastructure of ours or any of the Service networks.
    2. Subject to clause 12.3, we may also suspend or disconnect, with or without notice, your Service if, in BBIXAU's reasonable opinion, the Service has been directly or indirectly involved in activities that are detrimental to our Service or jeopardize the use of our Service or its performance for other customers or how the wider community will perceive BBIXAU. Such activities include, but are not limited to engaging in any conduct in breach of clauses 8.6 or 8.7.
    3. In any of the circumstances mentioned in clauses 12.1 or 12.2, if we elect to take action without giving you prior notice, we will initially only suspend the Service and will provide you notice of the suspension having occurred and the grounds on which the suspension was made. We will reasonably consider any evidence or submissions you may provide to us to demonstrate that the Service was not used for the activity. If we are satisfied that the Service was not used for the activity, we will reinstate the Service as soon as practicable. If we are not so satisfied, we may disconnect the Service by giving notice.
    4. In the following additional circumstances, we may suspend or disconnect your Service(s) but we will provide you with reasonable notice prior to doing so:
       1. you do anything which we believe may damage the Service network;
       2. you have used the Service other than in accordance with the agreement; or
       3. you do not comply with the terms set out in a Plan Brochure or a Service Description.

       We will provide you a reasonable period of time to rectify the issues referred to in sub-clauses a, b. and c. We will reasonably consider any evidence or submissions you may provide to us to demonstrate that the Service was not used for the activity. If we are satisfied that the Service was not used for the activity, we will reinstate the Service as soon as practicable. If we are not so satisfied, we may disconnect the Service by giving notice.

    5. A suspended Service may later be cancelled for the same or different related reason.
    6. Subject to clause 12.7, if your Service is suspended, you will have to pay access fees for the Service while it is suspended.
    7. If your Service is suspended and the suspension was not as a result of circumstances attributable to you or non-BBIXAU owned equipment, you are entitled on request to receive a refund or a rebate of any access fees for the period of the suspension.
    8. If you wish to reactivate the Service at any time after suspension you may make a request to BBIXAU provided that if your Service is suspended as a result of circumstances attributable to you and BBIXAU reactivates the Service, you may have to pay BBIXAU a reconnection or reactivation fee set out in the Plan Brochure or Service Description.

13. Force Majeure

    1. To the extent permitted by law, we will not be liable for:
       1. any delay in installing any Service.
       2. any delay in correcting any fault in any Service.
       3. failure or incorrect operation of any Service, or
       4. any other delay or default in performance under this agreement,

       if it is caused by a Force Majeure Event.

    2. In this clause, a "Force Majeure Event" means any event or circumstance reasonably beyond our control, including but not limited to;
       1. war, accident, civil commotion;
       2. riot, military action, sabotage, act of terrorism, vandalism;
       3. embargo, judicial action, labor dispute;
       4. an act of a government or a government authority;
       5. acts of God; earthquake; fire, flood, plague or another natural calamity;
       6. computer viruses, hacker attacks or failure of third party utilities and telecommunications systems, or failure or default by any other suppliers.
    3. In the event a Force Majeure Event or other outage that impacts the Service, we will use reasonable endeavours to notify you including as to the status of the restoration activities. Such notifications and status updates may be provided via our website at https://wasabi.net.au/.

14. Your statutory rights

    1. You may have certain rights and remedies under:
       1. the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and other laws which provides consumers with certain consumer guarantees; and
       2. the Customer Service Guarantee Standard issued by the ACMA (which is a standard that imposes service standards in relation to phone services and minimum connection and fault repair times). If any of the Services are subject to that standard and we breach the standard, you may be entitled to certain specified amounts of damage.
    2. Nothing in this agreement excludes, restricts or modifies the statutory rights and remedies referred to in clause 14.1, or any other statutory rights which cannot be lawfully excluded, restricted or modified.

15. Liability

    1. Without limiting clause 14 and any of your rights and remedies under the Australian Consumer Law, to the extent permitted by law:
       1. you acknowledge and agree that given the nature of the Service, it may contain errors and defects, the Service may not be available at all times and the Service may be susceptible to third party unauthorised access (although we take reasonable steps in accordance with applicable laws to prevent such unauthorised access);
       2. we exclude any other terms and conditions that may be implied into this agreement by law;
       3. you are not liable to us for any loss to the extent it is caused by us (including due to our negligence, unlawful conduct or our breach of this agreement) and we are not liable to you for any loss to the extent that it is caused by you (including due to your negligence, unlawful conduct or breach of this agreement);
       4. you are not liable to us for any indirect loss suffered by us in connection with this agreement and we are not liable to you for any indirect loss suffered by you in connection with this agreement. Indirect loss means loss or damage that does not arise naturally (according to the usual course of things) from the breach of the agreement or other act or omission;
       5. you are not liable to us for any loss to the extent that it results from our failure to take reasonable steps to avoid or minimise our loss and we are not liable to you for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
       6. you are not liable for loss or damage caused by events outside of your reasonable control, and we are not liable for loss or damage caused by events outside our reasonable control.
    2. You must let us know as soon as you become aware or believe that you have a claim against us. We will also notify you if we become aware or believe that we have a claim against you.
    3. Where you are two or more persons listed on the application, liability will be joint and several amongst such persons.

16. Complaints

    1. If you have any concerns or complaints in relation to the Service or our relationship with you, you have the right to make a complaint free of charge. We will handle a complaint in accordance with our complaints handling policy is available here: https://wasabi.net.au/termsandcondition, or you can request a copy and we will provide it to you.
    2. If you would like to make a complaint in relation to the Service, you can contact us as follows: via email at: [wasabi-admin@wasabi.net.au], or online via our website at https://wasabi.net.au/.
    3. We use reasonable endeavours to resolve any complaints raised in a prompt manner in accordance with our complaints handling policy and requirements of applicable telecommunications industry standards.
    4. You can also raise your complaint with the Telecommunications Industry Ombudsman on 1800 062 058 or via the following link: tio.com.au/about-us/contact-us. The Telecommunications Industry Ombudsman provides a free independent dispute resolution service for complaints relating to telephone and internet services.
    5. If you wish to make a complaint in relation to any offensive materials (such as Unlawful Material) accessed, distributed or stored via the Service, you can raise a complaint with us (see clause 16.1), complain directly to the relevant content provider or to the eSafety Commissioner via the following link: https://www.esafety.gov.au/industry/codes/complaints

17. Governing law

    1. 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.