Service Agreement / Terms + Conditions
Phone Card
Services
Tel.Pacific Pty Limited (ABN 99 073 079 268)
Disclaimer
This is a legal document. If you have any queries
about your duties and liabilities in relation to this
agreement, you
should consult your lawyer. The Tel.Pacific Phone Cards
Services ("Services") are made available to you by
Tel.Pacific Pty Ltd ("Tel.Pacific"). By using
Tel.Pacific
Phone Cards you have agreed to accept these "Terms and
Conditions". Please take time to read and understand them.
Scope of this Agreement
Unless otherwise specified in the respective clauses below,
this entire agreement applies to Phone Card Services
provided by Tel.Pacific. Here "Services" shall include
"goods" as defined in the Interpretations below. While every
endeavour has been made to supply accurate information,
errors and omissions may occur. Accordingly, to the extent
permitted by law, Tel.Pacific and its employees, agents and
consultants, excludes any liability for any loss or damage
(including indirect, special or consequential loss or
damage) which may directly or indirectly result from any
advice, opinion, information, representation or omission,
whether negligent or otherwise, contained in this agreement.
If any law prohibits the exclusion of such liability,
Tel.Pacific limits its liability to the extent permitted by
law, to the resupply of the relevant material or
information.
1. Interpretations
-
"Activates" means activation of Phone Card Services to
Tel.Pacific or the gateway of Tel.Pacific by the Customer
entering the correct PIN.
-
"Agreement" means this entire agreement between
Tel.Pacific and the Customer, which supersedes all prior
representations, agreements, statements and understandings,
whether verbal, or in writing.
-
"Customer" means all persons, companies or other entities
identified on the application for Tel.Pacific telephone
access;
"Tel.Pacific" means Tel.Pacific Pty Limited ACN 073 079
268 and ABN 99 073 079 268 and its employees, officers and agents;
-
"We, us, our" collectively mean
Tel.Pacific.
-
"Services " means domestic
and international long distance services, and goods in
any tangible materials, facilities or products provided
or to be provided by Tel.Pacific. Services all means all
kind of services, including but not limited to pre-paid
phone cards, resale carrier services, IDD, STD and
mobile. Each of these services can be found in the
service directory of Tel.Pacific, which is available on
our website (www.telpacific.com.au). Our services are
not available from all telephone lines and it is not
possible to use our services to make all types of
telephone calls. Further information is available in
Tel.Pacific service literature.
-
"Supplier" means facilities and services of our own or
those of
other carriers, telecommunications service providers and/or
suppliers
2. Warranties
-
Subject to the Trade Practices Act and other laws,
Tel.Pacific does not make any guarantee, warranty, or
representation (either expressly or implied) in connection
with
the Services, and is not liable for any cost, liability or
damage
whether direct or consequential, arising out of Tel.Pacific's
supply or failure to supply the Services.
-
If Tel.Pacific breaches any warranty implied by the
Trade Practices Act, or any other warranty implied by law,
which cannot be excluded, Tel.Pacific's liability for any
such
breach will be limited (at Tel.Pacific's discretion) to: a) In the case of the Services, to supply the Services
again, and
b) In the case of a malfunctioning Tel.Pacific Phone Card,
replacement with a Tel.Pacific Phone Card having a stored
value equal to the unused stored value of the malfunctioning
Tel.Pacific Phone Card. The replacement of Phone Card
should be made through the shop or place where the card was
originally purchased.
-
Tel.Pacific makes no guarantee, warranty or
representation (either expressed or implied) in respect of
the
quality of any calls made using your Tel.Pacific Phone Card.
3. Charges to your Phone Card
Any call made using your
Tel.Pacific Phone Card,
whether by you or any person, and whether authorised or
unauthorised by you, will result in the stored value of your
Tel.Pacific Phone Card being decremented in accordance
with the call charges published from time to time.
4. Charges to Your Phone
-
Tel.Pacific is not liable for any surcharges imposed on
calls made to access the Service. To access the Service, the
user must call the applicable access number and separately
pay their fixed or mobile telephone service provider, or
Long
Distance (STD & IDD) service provider for the cost of
connection to that access number.
-
Calls made from mobile phones may incur additional fees
and charges from your mobile phone service provider. Hotels
may impose additional fees and charges to access Tel.Pacific’s service numbers.
5. Recharging Your Phone Card
-
You may only make or continue calls whilst you have valid
call credit available; you may add value to your card by
visiting
our website, or calling Tel.Pacific Customer Service on
1300 369 303 and using your credit card.
-
The expiry
period
of Your Tel.Pacific Phone Card is shown on the card. If the
card has additional value added to it by calling our
Customer
service and topping up your Tel.Pacific Phone Card, the
expiry is extended by original expiry period from the last
top up date. Unused stored value remaining on your
Tel.Pacific
Phone Card on the expiry date is not refundable.
6. Limitations
- Unused stored value on a Tel.Pacific Phone Card is not
redeemable or refundable.
- Your Tel.Pacific Phone Card cannot make calls to 13,
1300, 1800 or 1900 numbers, or calls to directory or
operator services.
- All rates are subject to change without notice.
- Tel.Pacific will not replace a lost or stolen
Tel.Pacific
Phone Card.
- Your Tel.Pacific Phone card can only be used from a
tone phone.

|