1. GETTING STARTED

1.1 Acknowledgment

This is a standard form of agreement between Yomojo Pty Ltd (ACN 609 279 245) ("Yomojo") and the Yomojo members. We know that this is the 'boring stuff' but it's important. This document sets out the standard terms and conditions for the supply of the Yomojo service and the use of the service by Yomojo members.


1.2 Agreeing to Our Terms & Conditions

By signing up to Yomojo you are agreeing to our Terms and Conditions. You should familiarise yourself with this document and make sure you are happy to accept.


1.3 Signing Up

In order to sign up to Yomojo, you must provide us with a current and valid email address, either by signing up directly or via accepted third parties such as Facebook or Google+. We will validate this account after sign up to ensure that the details provided were correct. We may not complete activation of an account that we not been able to validate.

During the signup process we may make a $1 reservation against your nominated credit/debit card to verify you are using a valid card. The reservation will be released by your financial institution usually within 5-7 days. Your credit/debit card details will be shared with trusted third parties for the purpose of verifying your identity and validating the use of your card.


1.4 Activation

On successful sign-up we will set a date at which time we will activate your Yomojo service. The activation date we set applies to both porting and non-porting services and it will be set sufficiently in the future to allow for order processing and delivery of your SIM card. We will advise you of the activation date as part of the sign-up process. You may activate your Yomojo service at any time before the activation date. You may also alter the activation date through the Yomojo website or by contacting the customer service team however the activation date may be deferred by no more than 45 days into the future. If your Yomojo service has not been activated by the set activation date, we will activate your service and any and all service fees and charges will become applicable from that time. Where you are porting your number to Yomojo, the porting process will begin at the time of activation. Porting is subject to Yomojo's Porting Terms & Conditions.


2. PACKS & PAY AS YOU GO CREDIT

2.1 Packs

  • • You can increase or decrease your Pack usage allowance whenever you like however any changes made will take effect at that specific Pack's renewal date or immediately where no active Pack exists at the time of change.
  • • You can make any number of adjustments to your Packs before the renewal date. The last saved configuration will be applied on the scheduled renewal date.
  • • Prepay members will be charged upfront at the time of subscription.
  • • Monthly Billing members will be billed on the next invoice.
  • • Adding Packs at different times may result in Pack renewals at different dates, resulting in renewal payments being charged at different times. Check your Dashboard for Pack expiry dates.
  • • All Packs have a 30 day expiry. Unused Pack allowance at the time of expiry will be forfeited.
  • • Packs can be removed/cancelled at any time from the customer Dashboard. If you remove/cancel a Pack part way through its 30 day lifecycle, your Pack will continue to be active until its expiry date, at which point it will expire rather than renew. You will not receive a credit of any kind.
  • • Packs are only eligible to be used within Australia.
  • • Packs are non-refundable once added/renewed.
  • • You can only have one Voice, SMS and Data Pack per 30 day cycle. If you exhaust your usage allowance before its renewal date, Pay as You Go (PAYG) rates will apply until your Packs renew.


2.2 Prepay Packs

Packs are charged at the time of subscription and will automatically renew every 30 days as long as payment is successful or until removed/cancelled.

If your Packs fail to renew due to insufficient funds with your selected payment method, you will revert to PAYG rates and you will need to manually add your Packs/reconfigure your plan through 'Change your Plan' in the dashboard.


2.3 Prepaid PAYG

All usage that falls outside of Packs, or when a Pack's allowance is exhausted, will be charged at our standard rates. In order to use your service with our standard rates [refer to our Pricing Table], you must top up with PAYG credit.

Pay as You Go credit will expire 90 days after it has been applied to the service, it cannot be used to purchase Packs. Each time top up credit is added to the account (prior to the expiry date), the 90 day expiry date is reset and all existing credit rolls over with the new credit added.
Your ability to make calls (except emergency and 1800 numbers) will cease when your PAYG credit balance is zero, or has expired, even if you are on a call. However, you will still be able to use any Pack allowances until the end of its 30 day cycle, even if your PAYG credit balance is zero.


Credit Expiry

Yomojo Packs have an expiry of 30 days from the date of Pack activation. Unless changed to PAYG payment, Packs will automatically renew after expiry providing that payment is successful.

PAYG credit has an expiry of 90 days. After the expiry date any remaining credit is forfeited and you must top-up with further credit if you wish to use our service. Please note, PAYG credit can expire at any time on the 90th day and therefore we recommend topping up prior to this day in order to avoid losing your credit.


2.4 Monthly Billing Packs

Monthly Billing Packs work the same as Prepay services except payment is not required at the time of Pack subscription or renewal. [See Section 3.2 for information on Monthly Billing.]



2.5 Free Yomojo Voice Pack

When a standard Voice pack is purchased, an equivalent-sized Yomojo Voice pack will be added for no extra charge. The Yomojo Voice pack will activate and renew inline with the standard Voice pack and is subject to the same terms and conditions as a standard pack (section 2.1). With a Yomojo Voice pack, calls to other Yomojo services will use available minutes from this pack to pay for the call. Once this pack allowance is exhausted, any allowance remaining in the standard Voice pack will be consumed and where that allowance is depleted, the call will be charged at the applicable standard PAYG rate.


3. BILLING AND PAYMENTS

Members elect to either pay for their service up front (Prepay) or receive a bill each month detailing charges for the billing period (Monthly Billing).

To use your service, we will need to take payments from your nominated payment method. These transactions may be initiated by you or automatically by us on a recurring subscription basis depending on your plan selection. We securely store your payment details for payments and purchases on Yomojo.
We cannot take responsibility for loss, damage, delays or incorrect top-ups as a result of invalid payment details or declined payment requests.


3.1 Prepay Members

Our Prepay members can find a record of their usage on our website by signing in and viewing their Dashboard to view all usage details.Every 30 days, if you have a Pack configuration selected, your nominated card will be automatically charged and your selected Packs will renew. Renewal payments will be taken automatically via your nominated payment method.


3.1.1 Payment of PAYG Credit

Minimum top up amounts apply and all are subject to credit expiry terms (see section 2.3 Prepaid PAYG).


3.1.2 Single Top up

Members can add top up credit at any time from the Dashboard.


3.1.3 Auto Renewal of Top up credit

Members can select to have PAYG credit automatically renew at a preselected amount upon expiry (90 days). By default, this option is off and must be turned on to use. In order to cancel/discontinue auto-renewal, the member must disable the feature from their Dashboard prior to expiry.


3.1.4 Auto Top-up

Members can choose to have PAYG credit automatically renew at a preselected amount when credit balance drops below $2. By default, this option is o n and can be switched off in the Dashboard. In order to cancel/discontinue auto top-up, the member must disable the feature from their Dashboard.


3.2 Monthly Billing Member

3.2.1 Billing

Members using the Monthly Billing option will receive a bill at the end of every billing period. The bill will detail all service usage charges, selected Pack configuration charges and any additional charges within the billing period.

Monthly Billing Members will be charged if they have exceeded the allowance on any Packs during the billing month, or for services not included in any Pack such as international roaming.

Bills will not include usage history detailing individual call/SMS/data usage events. This information can be accessed via our website.

The bill is generated on the member's bill date every month and will be sent via email within 2 days. The due date of the bill is 4 days after issue. We will automatically attempt to take payment from your nominated payment method at this time.

The billing day is determined by the day on which the Monthly Billing account was activated (e.g. if a member's account is activated on the 15th of the month, their billing day will be the 15th of every month). Occasionally the billing day will be set a few days before or after the activation date. If the account was activated between the 28th and the 31st day of a month, the Member will be billed on either the corresponding day in the following month, or the first day of the next month if the month has fewer days than the original activation month. For example, if activated on the 31st of a month, the bill will always generate on the 1st of day of the following month where the billing month has less than 31 days.


3.2.2 Late Payment

If we do not receive a payment by the due date, your Monthly Billing service(s) will be suspended until the outstanding bill has been paid. After the first failed payment, we will attempt to take payment twice more over 24 hour intervals (3 payment attempts will be made in total). You will be charged a late payment fee after a third failed payment attempt. [See 3.4 of our Pricing Table.]

If the bill remains outstanding after 31 days, the overdue debt will be referred to a debt collection agency for further action. If the bill remains outstanding for two consecutive months, the member's account will automatically be switched to Prepay. We may also cancel your service which will result in your number being lost.


3.2.3 Security Deposit For Monthly Billing Members

Monthly Billing members are required to pay a one-off, fully refundable security deposit upon subscription. A security deposit is required for each Monthly Billing service activated on the account. The security deposit will be credited back onto your final bill if you cancel your service. Any remaining credit balance from the security deposit after settling the final bill will be credited back to your nominated credit/debit card within 30 days of cancellation.


3.2.4 Credit Limit

Yomojo uses credit limits so that Monthly Billing members can manage their mobile usage and avoid 'bill shock' at the end of the month. Each members' credit limit is $75 per service per month. An application to have the credit limit increased must be made through the support team at support@yomojo.com.au and include a justification for an increase. Yomojo reserves the right to decline such a request.

Notifications will be sent to a Monthly Billing service approaching its credit limit. A service that reaches or exceeds its credit limit will be suspended and we may request a pre-payment in order to reactivate a suspended service.


3.3. Changing Between Billing Account Types

It is possible to change from a Monthly Billing account to a Prepay account and vice versa. A request to do so must be made through customer service at support@yomojo.com.au. The account type change is not complete until it is confirmed by the support team. Charges incurred between the request to change and the completion will be charged based on the prevailing account type.


3.3.1 Monthly Billing to Prepay

A final invoice may be sent up to 2 months after changing to a Prepay service and must be paid accordingly. The Monthly Billing security deposit will be converted to Prepay PAYG credit to use for any Pay as You Go usage. The PAYG credit is subject to standard terms [see Section 2.3 Prepaid PAYG].


3.3.2 Prepay to Monthly Billing

A one-off, fully refundable security deposit is required upon changing to a Monthly Billing service [as per Section 3.2.3 Security Deposit for Monthly Billing Members]. Any remaining PAYG credit on the Prepay account will be applied as a credit adjustment to the Monthly Billing account.


3.4 Delivery of Your Bill

A Yomojo bill will be attached as a PDF file and sent via email to the email address provided for the Yomojo account; bills will not be mailed. The bill can be printed from the PDF file if a hardcopy is required. Previous bills can be provided on request through customer service at support@yomojo.com.au Yomojo may charge a fee for this service.


3.5 Other Fees & Charges

Credit/debit card payments are subject to a transaction processing fee. We reserve the right to charge a Dishonor Fee where we have made several attempts to take a payment from your nominated payment method however that payment request has been declined by your financial institution. See Section 3 of our Pricing Table for rates and details on all additional charges.


4. MANAGING FINANCIAL HARDSHIP

4.1 Financial Hardship Policy

The Telecommunications Consumer Protection Code (TCP) defines financial hardship as:

"(a) a Customer is unable to discharge the financial obligations owed by the Customer under their Customer Contract or otherwise discharge the financial obligations owed by the Customer to a Supplier, due to illness, unemployment or other reasonable cause; and

(b) the Customer believes that they are able to discharge those obligations if the relevant payment arrangements or other arrangements relating to the supply of Telecommunications Products by the Supplier to the Customer are changed."

The financial hardship policy applies only to existing members of Yomojo. You must be unable to meet our financial obligations due to some type of financial hardship.

Reasons for financial hardship include:

  • • Loss of employment
  • • Family problems
  • • Illness, including physical incapacity, hospitalisation, or mental illness suffered by you or a family member
  • • Family member passes away
  • • Natural Disaster
4.2 Helping Members with Financial Hardship

At Yomojo, we show genuine support towards members who find themselves in any form of financial hardship, we have a number of tools to help our members manage their spend to avoid falling into financial hardship [see Section 4.3 Spend Management Tools]. We will address any issues you may be experiencing and our staff members will work with you to reach an arrangement that is financially stable and appropriate for you and your future with Yomojo.

Yomojo can refer you to community-based financial counsellors to help. Information on this can be requested through support@yomojo.com.au

Your Requests: We will assess your request in great detail and respond to you within 7 working days. We will need to know the extent of your financial hardship (how long it has been and reasons for this) and we will also take note if you are in any current debt with our service.
Past payments will also be taken into account along with the service you are using, to ensure you are able to meet your future financial obligations. It is important that we understand your position and that we can be sure this position will not worsen over time.
We will do all we can to help any member that finds themselves in a case of financial hardship, we may:

  • • Change your 'Packs'
  • • Move your service to a Prepay account

Everyone's issues will of course be different; we will do everything we can to reach an appropriate solution that benefits you.

Please Note:
It is important that you monitor your usage each month to minimise financial hardship; this is something we will want to know about when you apply for financial hardship.


4.3 Spend Management Tools

At Yomojo we are all about empowering our Members to help them manage their mobile bill and save money. We have a range of free features and tools in place to help you monitor your mobile and data usage as well as manage your plan and customise your settings.
We provide the following to help you manage your spend:


You can check your usage at any time by logging into your Dashboard. You can also contact our Customer Support team at support@yomojo.com.au or on live chat via our website for the same information.

You can opt to be on our Prepay service to only pay upfront and ensure you won't be faced with "Bill shock" at the end of your billing month.
All Monthly Billing members have a credit limit of $75 per service per month [as per Section 3.2.4 Credit Limit].

All members receive email notifications when they reach 75%, 90% and 100% utilisation on each of their Packs and an SMS notification when they reach 90% and 100% utilisation of their Packs.

There are no lock-in contracts with any plan on Yomojo, so members are free to change their plan or move it to '0' at any time.
All our Spend Management Tools are free of charge.


5. PERSONAL INFORMATION

5.1 Australian Law

As we are a mobile phone service provider, Australian law dictates that we collect certain information from our members. This information relates to your identity which may be required before the activation of your SIM card. If we cannot establish a member's identity, or if we have been provided with false or inaccurate information, we will not be able to provide you with service.


5.2 Legal Requirements

We are required by law to collect and provide certain information about our members. If we cannot fulfil this legal obligation, your service may be suspended. Information pertaining to the following may be required:
  • • Emergency Services
  • • Law enforcement agencies
  • • Government agencies
  • • The operator of the Integrated Public Number Database (IPND)
5.3 Changing Details

Personal details can be updated through the 'Account Settings' located in the Yomojo Dashboard. Our members' personal information is of paramount importance to us. We want to be trusted with this information and we can assure you that it will be kept safe and secure.


5.4 Agreeing To Our Terms and Conditions

When agreeing to our terms and conditions, you authorise us to use and disclose information about you and your use of our service (phone numbers, email address, texts and other methods of communication made and received by you, the date, duration, time and cost of these communications). We will only disclose your information to third parties where we are required to by law or where required in order to provide you with your Yomojo service.


5.5 Promotions and Marketing

We may use the information you have provided to us to notify you of Yomojo's latest offers and promotions, product and service updates, as well as updates which relate to your Yomojo account. You do NOT have to receive SMS or emails relating to promotions or marketing and you can unsubscribe from these updates via 'Account Settings'. You will then only receive information which we are obligated to give you by law.


5.6 Authorised Representative

An Authorised Representative can be added to your account to act as your proxy and manage your mobile account. In order to add an Authorised Representative we require you to supply their full name and email address to our Customer Support team so they can make note of your chosen person and validate their access to make changes on your behalf.

An Authorised Representative has the same permissions as the account holder and access to all account information. All liability lies with the account holder when nominating an Authorised Representative.


6. CHANGING AN AGREEMENT

6.1 Notifying Members

All notifications will be sent to the registered email address of an account. Yomojo cannot be liable for failure to deliver a notification where the registered email address is invalid or unused. We may also send supplementary notifications via SMS to the services associated with an account however the primary method of notification is via email.

If we are planning on making changes to our agreement and that change will have a direct and negative effect on your service (for example for an increase in pricing) you will be advised at least 20 days prior to that change taking effect.

We may change this agreement at any time without notice where such a change does not negatively effect your use of the Yomojo service - for example price reduction or service updates. Changes obligated by law may also be updated without notice, for example GST requirements.
Once any change is made, it will be updated in our terms and conditions which are available at any time from our website.


7. MOBILE PHONE UNLOCKING

7.1 Unlocking Your Phone

If your mobile phone is locked to your current network you must have it unlocked in order to use our service, in this case please be conscious of any warranty or contractual obligations of your device. You may be under certain restrictions and obligations if you are terminating a contract with another network. Please read their terms and conditions carefully. Some phones cannot be unlocked and we are unable to take responsibility for this restriction.


7.2 Risks with Unlocking

There is a risk of losing critical/personal information which you had stored on your phone, such as phone numbers or photographs. We recommend you backup or save anything you wish to keep on an external source and then place it back on your phone after it is unlocked.
For details on unlocking your phone, click here.


7.3 Blackberry Devices

A Yomojo SIM can be used in a Blackberry device, however your service will be limited to making and receiving calls/SMS. Other services will not work on your Blackberry device, for example, MMS, email and data. We are not able to support these Blackberry services.


8. GST

All prices, unless otherwise indicated, are inclusive of GST.


9. OUR MEMBERS' RIGHTS

9.1 Entitlements

As a member, by law you are entitled to certain rights, our terms and conditions comply with these laws; these include:

  • • The Telecommunications Act 1997
  • • Competition and Consumer Act 2010
  • • Fair Trading Legislation and regulations in your state or Territory
  • • Industry codes registered with the Australian Communications and Media Authority
9.2 Extra Information

Contact the Australian Competition and Consumer Commission (ACCC) or the office of fair trading in your state or Territory for further information regarding your consumer rights. You can also contact the Telecommunications Industry Ombudsman (http://www.tio.com.au/) for further information about your rights in regard to the telecommunications industry.


10. USING OUR SERVICE

10.1 Your Responsibilities When Using Our Service

You must adhere to the following:

  • The Law
  • Relevant Authorities
  • Our Policy
  • Laws which we are required to fulfil
  • You must not attempt to publish our material as your own
  • No abusive or offensive behaviour
  • You must not resell, distribute or reproduce any aspect of the Yomojo service
  • You must not act as a carrier of this service (stated in the Telecommunications Act 1997).
  • If you are asked to stop doing something which we believe is wrong, fraudulent or violates our policies, you must comply with our request, if not;
  •   we may take action by suspending or cancelling your service.
  • Recognise that we or our network supplier may block numbers if needed for operational or commercial reasons (not emergency numbers).
  • All information you provide us must be true and correct.
  • The SIM issued to you remains the property of Yomojo and is provided under a licence.
  • You must contact us immediately if your phone is lost, stolen or damaged.
  • Do not let anyone else use your SIM card.
  • You must not share or download any material via our network which may be considered offensive, abusive, indecent, defamatory, obscene or
  •   menacing, a nuisance, a hoax or anything which may breach any rights or privacy policies.
  • You must not cause any inconvenience or exhibit abusive behaviour toward the Yomojo staff.
  • You must notify us immediately if anyone has threatened to make a claim or issue legal proceedings against you relating to your use of the Yomojo
  •   service, you must immediately cease whatever has been complained about. Furthermore, if we request, you must provide us with the details of the
  •   claim.

11. Member Get Member Program

Credit will be awarded to both you and your referee for successfully referring them to join Yomojo. There is no limit on the number of referrals you can make. A new member can only receive one referral credit. For the referee to qualify as an eligible referral for the program, the referee must:

  • • Not be an existing Yomojo member or previous member within the last 12 months
  • • Have been referred to Yomojo by an existing active Yomojo member
  • • Sign up online through the Yomojo website using the existing member's unique online referral code or number
  • • Activate their Yomojo SIM

SIMs purchased through retail outlets are not considered to be an eligible referral for this promotion. We reserve the right to verify, at any time, the validity of referrals and applications (including the identity, age and place of residence of the referrer and/or referee) and to disqualify any referrer or referee who submits a claim or entry that is not in accordance with these terms and conditions or who tampers with the claim or entry process. Self-referrals are not valid in the program. Credit will be applied to the referrer and referee account within 72 hours of the full activation of the referee's SIM and such credit will be subject to standard Pay As You Go Credit terms and conditions.

The Member Get Member promotion is not intended to be available with any other offer or promotion. Yomojo reserves the right to cancel, terminate or suspend the program at any time in its reasonable discretion. Yomojo also reserves the right at any time in its reasonable discretion to amend, by addition to, subtraction from or variation of, these terms and conditions, including but not limited to the eligibility terms and criteria, the value of the credit reward, and the timing of any act to be done, and all participants in the program shall be bound by these amendments with effect from such date as Yomojo may determine.


12. FAULTS

12.1 Network Maintenance

If our network is under maintenance, it may have an effect on your service for a particular period of time. We will do our utmost to keep you informed via email of any scheduled maintenance and will make regular posts to our social networks with timely information.


12.2 Faulty SIM Cards

If your SIM appears to be faulty and it doesn't appear to be linked to your device (i.e. you've tried the SIM in other devices and it is having the same issue), you can contact Customer Support to report the issue. You must provide all necessary information about the fault in order for us to be able to fix it.
We are happy to help and take full responsibility for faulty SIM cards, where our system shows that the problem is within our network, and is not the result of damage caused by the member. If a problem is caused by our network supplier, we will notify the supplier of the issue, though we cannot be held responsible for any issues which are at the network provider level.


13. COMPLAINT HANDLING

If you wish to raise any concerns or make a complaint about our service, contact our Customer Support team at support@yomojo.com.au We will reply to and address your complaint as soon as possible and we'll do everything we can to fix the issue you've raised to us. Our goal is to ensure you have the best possible experience with Yomojo. You can find more detailed information regarding complaints and issue handling in our 'complaint handling policy'.


14. CONDUCT ON OUR WEBSITE/SOCIAL NETWORK CHANNELS

14.1 Comment Guidelines

All members are welcome to share their opinions about Yomojo; however you must not author comments which are:

  • • Racist, sexist or homophobic
  • • Pornographic, obscene, profane or vulgar
  • • Offensive to a particular person or group
  • • Abusive or threatening
  • • Harmful towards a member of the public
  • • Against the law
14.2 Ownership Of Public Comments

All comments made on public forums (our website, blog, social media pages etc.) can be traced back to you; we have access to information such as your email address, your name and the date/time you posted the comment. Yomojo will not be held responsible for such content. We reserve the right to delete any posts from our social network channels that are in breach of our policies.


14.3 Community Guidelines

The following conditions relate to activities and expectations within the Yomojo Social media pages, blog or community forums and any other publicly accessible portion of the Yomojo website.


14.3.1 Personal Information

Privacy is important to Yomojo, so we strongly advise that you do not provide any personal details, including your phone number, address, and email in any public or community forum within the Yomojo website or on any other publicly accessible forum. When you write a comment, your username is all that will be shown. Adhering to our privacy policy is important because there is very little we can do to assist once your personal information has been published publicly. All information we receive will be treated under the guidelines of our privacy policy.


14.3.2 Search Information

Before posting a new question, we recommend that you search previous posts within the Yomojo Community because the answer you want may already exist in a previous discussion. If it's not, please don't hesitate to ask.


14.4 Community Standards

We love a good discussion and welcome debate amongst our community, but any abusive behaviour or personal attacks towards Yomojo or other members will not be tolerated.

We acknowledge criticism of Yomojo and its products, services, policies and performance, but we will not allow continual misrepresentation of Yomojo.

Any content that would potentially place us (or you) in legal jeopardy will be immediately removed and reported. This includes material or links posted in potential breach of trademark or copyright, any material that has been illegally downloaded or purchased, potentially defamatory comments, and includes offensive profile pictures that contain profanities or indecent imagery.

Do not post anything which may contain a virus, or links and information from unsafe websites.

All participants are required to treat other members and Yomojo staff with respect.

Do not mock previous comments or any answers from staff. We insist our staff treat our members with respect and dignity, and we expect the same from our members

You must not make unsolicited use of forum members’ personal information.

A breach of these guidelines will have a direct result on your profile. We will edit or delete offending comments and/or the rest of the post or thread whether valid or not. We may, at our discretion, suspend offenders from our network for a period of time ranging from 24 hours to a permanent ban.
If a serious breach of these guidelines is reported, we may also be obliged to take legal action. We reserve the right to take action in any disagreement or argument, and will take action proportional to the offense.


14.5 Appropriate Treatment of Others

Everyone is free to join our community and no one should feel unwelcome. All members are encouraged to use this service. We understand people will have different opinions, however you must not:

  • • Write any inappropriate comments or use coarse language
  • • Write any comments that insinuate threats or violence
  • • Write any content that is racist in any nature
  • • Harassing or abusive language, either towards Yomojo or other members
  • • Break the law
  • • Send spam messages
  • • Advertise any products or services
  • • Post comments that are victimising in nature or represent any form of bullying
14.5.1 Reporting Bad Behaviour

Members have the right to report anything they feel is inappropriate or offensive. To do this, press the report button and state a valid reason for the complaint.


14.5.2 Zero Tolerance

Yomojo has a zero tolerance policy for behaviour in breach of the conditions set out in this section.


14.5.3 Moderation Explanations

If you find that your comment or thread was deleted, we request that you do not begin a new thread inquiring about why a previous comment/thread was removed. If you require an explanation for why your thread was removed, contact Customer Support (support@yomojo.com.au).


15. LIMITATION OF LIABILITY


We cannot be held responsible for any deletion or corruption on your device, unless the problem can be directly linked back to our service.

To the extent permitted by law and except for any act (negligent, reckless or otherwise), wilful misconduct or omission from us, we are not liable for indirect loss such as loss of profit and the loss of business, costs or expenses. If we are directly responsible for any problems you will be compensated.

If something occurs that is beyond our control (e.g. a network issue with our network provider) and affects our ability to perform what had been promised under our terms and conditions, we cannot be held liable for the issues caused. In the event of such an issue occurring, we will do our best to notify all members who may be affected.


16. SUSPENSION OF A SERVICE

We may suspend our service or your service at any time with or without notice. Reasons for this may be:

  • • If we are required by law
  • • If we are required to by a relevant authority
  • • In an emergency
  • • Acting reasonably, if we feel it is appropriate in a certain situation
  • • If we think it will reduce the risk of fraud
  • • If you fail to make a payment
  • • If we are fixing a malfunction in our system
  • • To perform an update
  • • Due to an event which is beyond our control
  • • Acting reasonably, if we suspect you are misusing our service
  • • If you have reached or exceeded your allowable credit limit

You may elect to suspend your service for reasons of your own. You must contact us and explain why you want to suspend the service on your SIM and for how long. Reasons for this may be a stolen/lost SIM card or phone, or short-term overseas travel. Your service will remain suspended until you advise us to resume service.

A service that has not incurred any charged outbound usage (e.g. making a call, sending an SMS or using data) within 90 days of the last tolled usage, will be classed as 'inactive'. Inactive services will be cancelled by Yomojo at any time, which will result in the loss of your mobile number and any remaining credit or Packs. After 180 days of inactivity on a service (i.e. no top ups or payments), the account will be tagged as 'disconnected', at which point Yomojo will not be able to reactivate it.


17. CANCELLING YOUR SERVICE

17.1 How to Cancel

You have thet right to cancel your service at any time. If you wish to leave Yomojo you must contact us through your Dashboard settings page, email support@yomojo.com.au, or message us on live chat. For security reasons, we will contact you to confirm your request to cancel. There may be a delay between your initial cancellation request and our receipt of your confirmation which then allows us to cancel. Throughout this period, relevant charges will continue to apply. Members are responsible to change their plan and remove any renewing Packs to ensure their service does not renew with unwanted Packs or PAYG credit that has previously been selected. A service is not considered cancelled until we confirm with you via email that the service has been successfully cancelled.

For Prepay services any remaining credit and/or unused balance on existing Packs will be forfeited once the service has been cancelled or ported to another network carrier.

For Monthly Billing services, unused balance on existing Packs will be forfeited at the time of cancellation. A final invoice will be sent on the next billing cycle of the service being cancelled and must be paid to finalise the process. Up to two further invoices may be issued after the cancellation of a service for delayed charges such as international roaming and other third party charges.


17.2 Porting Your Mobile Number out of Yomojo

When we receive a request from another carrier or service provider to port out a mobile number, provided the authenticity of such a request can be validated, we will process this request in the same manner as a request for cancellation of a Yomojo service. In the case of a port out the mobile number will not be lost but will be released to the gaining carrier. All other conditions of service cancellation as per this section apply.


17.3 Our Rights

We reserve the right to cancel your service:

  • • If we are required to by law
  • • If we are required to by a relevant authority
  • • If required to in an emergency
  • • If, acting reasonably, we feel it is appropriate in a certain situation
  • • If your service has been suspended for more than 14 days
  • • If we suspect you are misusing your SIM
  • • If we are authorised to do so through a breach of this agreement
  • • If your service has not been used for a tolling outbound event (call, text or data) for a period of at least 90
  •   days
  • • Cancellation will result in the loss of your mobile number.
  • • Any remaining credit will be forfeited when a service is cancelled.

18. TERMINATION

Once your service has been terminated, you will no longer be able to use your Yomojo service. Your mobile number will also be cancelled unless it has been ported to a different network carrier [see Section 17.0 Cancelling Your Service].

19. GENERAL CONDITIONS

If you have any further questions or inquiries about these policies or their application, please contact us at support@yomojo.com.au

These terms and conditions are governed by the Commonwealth of Australia and all laws in your state or territory. All Yomojo staff and members must follow these terms and conditions and comply with the laws of the Commonwealth of Australia and its states and territories.


20. COMMISSIONS

You agree that we can pay commissions to specific agents or other parties who introduce you to us, or help us make this agreement with you as our Yomojo member.


21. CONTACTING US

Yomojo
Phone: 1300 YOMOJO (1300 96 66 56)
International: +61 02 8089 1602
Email: support@yomojo.com.au
Website: www.yomojo.com.au
Facebook: www.facebook.com/Yomojo


22. PRICING TABLE

Click here for detailed information on our pricing.


23. CRITICAL INFORMATION SUMMARIES

Click here to view our Critical Information Summaries.


24. FAIR USE POLICY

Our Fair Use Policy applies to your service. Click here to view it.
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