StayConnected Product Disclosure Statement - Telstra

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10 Sep 2013 ... download/document/mobiledata.pdf from a Telstra Store or dealer; and. • register your mobile phone or tablet with us (Registered Device).
telstra.com/stayconnected visit a telstra store 13 2200

PRODUCT DISCLOSURE STATEMENT

TELSTRA STAYCONNECTED™

C052 NOV13

XXXXXXXX

TELSTRA STAYCONNECTED PRODUCT DISCLOSURE STATEMENT About the StayConnected Service With StayConnected you can exchange or replace your mobile phone or tablet for a device that’s the same or very similar. You can do this for any reason, twice in every 12 months. You can also access data backup and security services if you have an iOS or Android device. With StayConnected Plus, you get the above features plus mobile technical support. About the product issuer Telstra Corporation Limited ABN 33 051 775 556 (Telstra, we, us or our) is the issuer of the StayConnected Service. Telstra, its representatives and third parties appointed by Telstra to operate a Telstra dealership or Telstra Licensed Shop are not licensed to provide financial product advice. About this product disclosure statement This product disclosure statement (PDS) was prepared on 10 September 2013 and contains general information only. Before taking up the StayConnected Service you should read this PDS carefully and consider whether the StayConnected Service is right for you. The terms which apply to the StayConnected Service are set out in this PDS and the StayConnected Service Customer Terms (Terms) below. The PDS and information about the StayConnected Service are available online at telstra.com/stayconnected. All monetary figures in this PDS are in Australian dollars (inclusive of GST). The PDS is not an offer anywhere outside Australia. How to get the StayConnected Service You can get the StayConnected Service if you: • buy a new mobile phone or tablet shown on the list at telstra.com/stayconnected under a repayment option; • take up a new Telstra consumer post paid mobile or tablet plan listed at telstra.com.au/customer-terms/ download/document/hfmobilecurrentplans.pdf or telstra.com.au/customer-terms/ download/document/mobiledata.pdf from a Telstra Store or dealer; and • register your mobile phone or tablet with us (Registered Device). You can register 1. at the time you buy your mobile phone or tablet and take up your mobile or tablet plan or 2. within 30 days of purchase. You can register by calling 13 2200 or by visiting telstra.com/stayconnected or a Telstra Store. Full eligibility requirements are in clause 3 a) of the Terms.

Benefits With StayConnected you can:

Limits The limits of the StayConnected Service are:

• exchange or replace your Registered Device for any reason. You can do this twice in the 12 months from the date your mobile phone or tablet is registered for StayConnected and then twice every 12 months after that date. The exchange or replacement device will be a device of similar kind, quality and functionality to your Registered Device, with the same operating system and will not be an older model than your Registered Device. The exchange or replacement device could be new or refurbished and will be dispatched by the next business day. Please see clause 6 of the Terms for details; and

• if you request an exchange or replacement, ownership of your Registered Device immediately transfers to us, the device will be blocked so it can’t be used on any network and all content will be wiped;

• access the Mobile Security Software (MSS) Application which provides data backup, safe browsing and antivirus. Some MSS Application features are not available on all devices. Please see clause 7 of the Terms for details. With StayConnected Plus, you get: • the exchange and replacement service and access to the MSS Application included in StayConnected as described above; and • Mobile Technical Support (MTS) services. These are described in clause 8 of the Terms and can be accessed on your Registered Device or by calling 13 2200. The StayConnected Service will continue until you cancel it or we cancel it for one of the reasons set out in clause 4 of the Terms. What you must do You need to: • register your mobile phone or tablet within 30 days of purchase;

• the MSS Application is only available with iOS and Android smartphones and tablets. Some MSS Application features are not available on all devices. Please see clause 7 of the Terms for details; • repairs are not included in the StayConnected Service; and • refurbished devices supplied under the StayConnected program do not come with an express voluntary manufacturer’s warranty to you. However, any StayConnected refurbished device that has a defect or failure or is otherwise covered by a consumer guarantee under the Australian Consumer Law (ACL) will be remedied in accordance with your statutory rights under the ACL. Fees

Fee StayConnected monthly fee

$13

StayConnected Plus monthly fee

$15

Service Fee (payable each time you exchange or replace your Registered Device)

• pay all fees by the due date; • when making an exchange, return your Registered Device within 14 days of receiving the exchange device. Otherwise, we will charge you the fair market value cost, that we determine, to replace the mobile phone or tablet you haven’t returned (Device Non-Return Fee); • back up any data, contacts or other content stored on your Registered Device before an exchange; and • remove all SIM cards, memory cards and batteries before sending the Registered Device to us.

Amount

Device Non-Return Fee (payable if you receive an exchange device and don’t return your Registered Device) Delivery fees

$100 (non smartphones), $140 (selected smartphones and tablets) or $180 (most smartphones and tablets). Please see telstra.com/ stayconnected for details.

The fair market value cost to us to replace the Registered Device.

There is no charge for standard shipping. Additional fees apply for special delivery or international shipping.

We may increase fees, but we will tell you 30 days before this happens. We will not increase the monthly fee or Service Fee by more than 10% in any 12 months. Repairs Repairs are not included in the StayConnected Service, but if you would like your Registered Device repaired instead of exchanged, we will let you know the repair fee. Fees will not apply if the repair is covered under warranty or a consumer guarantee under the Australian Consumer Law. 1

STAYCONNECTED SERVICE CUSTOMER TERMS FINANCIAL SERVICES GUIDE (FSG) Cooling off period If you get the StayConnected Service over the phone, you have 15 days to cancel and obtain a full refund of any fees you have paid, as long as you haven’t already used the StayConnected Service to exchange or replace your Registered Device. Cancelling the StayConnected Service You can cancel the StayConnected Service at any time without any early termination charges. Monthly fees are payable up to the date you cancel and any unused monthly fees you have already paid will be credited back to you on a pro-rata basis. We can cancel the StayConnected Service if you cancel your Telstra post paid mobile or tablet service, do not pay the fees by the due date, seriously breach the Terms and don’t fix the breach within 14 days of us asking you to, or we reasonably suspect you have engaged in fraud. Variation of PDS We may change the information in the PDS from time to time. A copy of any updated information is available at no cost from our website at telstra.com/stayconnected or in a paper copy from a Telstra store. If the change is of material detriment to you, we will issue you with a new PDS or a supplementary PDS.

The StayConnected Service is issued by us. Our appointed service provider for the StayConnected Service is Asurion Financial Services Pty Ltd ACN 158359767 Australian financial services licence 422216 (Asurion). This FSG is designed to help you decide whether to use the services that Asurion and we provide and contains information about the remuneration provided to our representatives and Asurion and its related entity Asurion Australia Pty Ltd ACN 155 388 275 (Asurion Australia) in relation to the StayConnected Service. It also includes information about your rights as a customer and how any complaints you may have will be resolved. Asurion has authorised Telstra to distribute this FSG on its behalf. Asurion is authorised by its licence to provide financial product advice and deal in general insurance and miscellaneous financial risk products. We can issue the StayConnected Service without an Australian financial services licence because we have appointed Asurion as our authorised intermediary. Asurion can make offers to arrange for the issue, variation or disposal of the StayConnected Service and act as our agent to manage, administer and settle requests for the StayConnected Service. We are Asurion’s authorised representative (AR 386948) to provide general financial product advice in marketing and sales materials about the StayConnected Service and to arrange for the issue, variation or disposal of the StayConnected Service.

What to do if you have a complaint If you have a complaint, please contact 13 2200. Further information on how we handle complaints can be found at telstra.com/complaints. If the complaint is still not resolved, our specialist complaints handling team will review your complaint and contact you. If you are not satisfied with the resolution, you can choose to have the complaint resolved by the Financial Ombudsman Service Ltd (FOS). This is an independent external complaints body and its services are free to you. Both we and Asurion are members of the FOS. You can contact FOS by: Mail: Financial Ombudsman Service Ltd, GPO Box 3, Melbourne, Victoria, 3001 Telephone: 1300 78 08 08

Neither we nor Asurion provide any financial services on your behalf.

Fax: (03) 9613 6399

Fees we pay We pay Asurion an annual fixed fee of $110,000 and we also pay Asurion Australia between 60% and 80% of the monthly fees and all of the Service Fee paid by customers for the StayConnected Service. There are otherwise no commission payments paid to us or Asurion. Asurion Australia buys devices from us and acts on instructions from Asurion to supply exchange and replacement devices to StayConnected customers.

Website: fos.org.au

Our representatives receive an annual salary which may include a bonus based on performance and may also receive non-monetary benefits. Telstra Licensed Shops and dealers receive a fee between $20 and $100 for each StayConnected Service issued and may receive bonuses based on performance. These are not additional charges to you and we will answer any questions you may have about the remuneration of Asurion, Asurion Australia or our representatives to ensure you are clearly informed.

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Compensation Arrangements Asurion holds professional indemnity insurance that satisfies its obligations under its Australian financial services licence to cover claims arising out of the conduct of Asurion, and its current and former employees and representatives (including us), in connection with the financial services Asurion provides to you and the financial services Asurion authorises us to provide to you for the StayConnected Service. It does not cover us in our capacity as product issuer.

Email: [email protected] Contact Contact Telstra on 13 2200 Contact Asurion on 13 2200 and say “StayConnected”

1 The StayConnected Service a) The StayConnected Service provides after sales service and protection for your mobile phone or tablet and is provided on these terms and the terms of any licence(s) for the Mobile Security Software (MSS) Application (together, the Terms). b) StayConnected includes: • an Exchange and Replacement Program for mobile phones or tablets; and • access to the MSS Application, which includes the 24x7 – Telstra StayConnected application and a collection of features accessed from My Account, if you have an iOS or Android smartphone or tablet. c) StayConnected Plus includes: • the Exchange and Replacement Program and access to the MSS Application included in StayConnected as described in clause 1 b); and • Mobile Technical Support (MTS) services. 2 The StayConnected Service is provided in addition to consumer guarantees Our goods and services come with certain consumer guarantees and rights that cannot be excluded under the Australian Consumer Law (ACL). If you request a repair, exchange or replacement of a mobile phone or tablet as a result of a defect or failure of that device which is covered under warranty or a consumer guarantee provided under the ACL, the defect or failure will be remedied in accordance with your rights under warranty or under the ACL. Nothing in these Terms limits those rights. When you request a repair, replacement or exchange, we will ask you to provide information about your mobile phone or tablet to help us determine if you have a claim under warranty or a consumer guarantee under the ACL. Goods provided as a replacement or exchange may be refurbished goods or contain refurbished parts. 3 Eligibility a) To apply for the StayConnected Service you need to: i) buy a new mobile phone or tablet listed at telstra.com/stayconnected on a repayment option from a Telstra Store or dealer; ii) take up a new Telstra consumer post paid mobile or tablet plan listed at telstra.com.au/customer-terms/ download/document/hfmobilecurrentplans.pdf or telstra.com.au/customer-terms/ download/document/mobiledata.pdf;

iii) if you are a Telstra account owner or authorised representative applying on behalf of a mobile service user, obtain the user’s consent to the Terms, particularly clause 9; iv) register your mobile phone or tablet in full working as new condition (with proof of purchase, if requested) within 30 days of the date of purchase (Registered Device); v) have an email address; and vi) provide us with all the information we reasonably request. b) You may only have one Registered Device on each Telstra consumer post paid mobile or tablet plan. However, you can apply to register multiple Registered Devices (each with a separate IMEI) on different plans. Each will incur separate monthly fees. c) We reserve the right not to accept your application. 4 Term a) We will supply the StayConnected Service to you from the date your mobile phone or tablet is registered for the StayConnected Service (Commencement Date) until: i) you cancel the StayConnected Service by calling 13 2200 or visiting a Telstra Store; or ii) we cancel it because: • you cancel your Telstra post paid mobile or tablet service associated with the StayConnected Service; • you do not pay the fees by the due date; • you seriously breach the Terms and have not fixed that breach within 14 days of us asking you to do so; • we reasonably suspect that you, or someone else, has engaged in fraud or criminal activity in relation to the StayConnected Service provided to you. To assess this, we may ask you to give us relevant information, including a copy of your driver’s licence or other identity information or a statutory declaration; or • you sell or give the StayConnected Service to another person without our consent. b) If you buy a new mobile phone or tablet on a new repayment option using your existing service number, you can transfer the StayConnected Service to the new device by registering it for the StayConnected Service. Otherwise, the StayConnected Service will end.

5 Fees The following fees apply to the StayConnected Service (Fees): a)  Monthly Fee The Monthly Fee for your chosen StayConnected Service Type for each Registered Device is set out in the table below. The Monthly Fee will be included on your Telstra Bill and may be pro-rated during your first and last month of enrolment or on cancellation. StayConnected Service Type

Monthly Fee (GST incl)

StayConnected

$13

StayConnected Plus

$15

b) Service Fee Subject to your rights under warranty or the ACL described in clause 2, each time you request to exchange or replace a Registered Device, a Service Fee will apply, as set out below. The amount of the Service Fee depends on the Device Tier for your Registered Device. The Service Fee will be included on your Telstra bill, unless you choose to pay by credit card at the time you request an exchange or replacement. You can find the Device Tier for your Registered Device at telstra.com/stayconnected. Device Tier

Service Fee (GST incl)

Tier 1 – Non smartphones

$100

Tier 2 – Selected smartphones and tablets

$140

Tier 3 – Most smartphones and tablets

$180

c) Device Non-Return Fee Each time we give you a mobile phone or tablet as an exchange you must return your previous Registered Device to us, within 14 days of receiving the exchange device and by using the reply paid envelope we give you. Otherwise, a Device Non-Return Fee will apply. The Device Non Return Fee is the fair market value cost to us to replace your previous Registered Device (or, if the make and model of your previous Registered Device is no longer available, a similar device in the same Device Tier). We will let you know what the fair market value is when you request an exchange. If you choose to pay the Service Fee by credit card, you authorise us to charge the applicable Device Non-Return Fee to your credit card. Otherwise, it will be included on your Telstra bill. Your previous Registered Device will be blocked so it can’t be used on any networks and all content will be wiped. Upon payment of the Device Non-Return Fee, ownership of the device immediately reverts to you.

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d) Special Delivery Fee or International Shipping There is no charge for standard shipping, which is typically delivery by the next business day within capital cities and two to four business days outside capital cities. Fees apply for international delivery and for special delivery requirements (for example, non business day delivery). We will let you know about any applicable shipping fees when you request an exchange or replacement. Upfront payment needs to be made by credit card. e) Credit Card Charges We have appointed Asurion Australia as our agent to collect credit card payments for the StayConnected Service. Debits to your credit card for StayConnected Service payments will appear on your credit card statement as “Telstra StayConnected”. 6 Exchange and Replacement Program StayConnected and StayConnected Plus a) In the 12 months from the Commencement Date and then in every 12 months after that, you can exchange or replace a Registered Device for a device that’s the same or very similar up to 2 times provided: i) any fees payable under these Terms are not overdue; ii) you give us any information we reasonably request, such as proof of ownership and identity or a statutory declaration; iii) you nominate a Telstra Store or give us an address in Australia (or overseas, subject to additional fees) for delivery of any exchange or replacement device. We generally ship to your residential or business address. We may ship to other locations on request but we reserve the right not to do so. We will not ship to a post office box, a rural mail box or an address we reasonably suspect is associated with fraud; iv) you agree to return your Registered Device to us (if it is in your possession at the time of making an exchange request); v) any prior exchange or replacement request has been closed, including return of a previous Registered Device or payment of a Device Non-Return Fee; and vi) there are no reasonable grounds to suspect that you have engaged in any fraud or misuse of the StayConnected Service.

b) You can ask to exchange or replace a Registered Device by calling 13 2200 and saying “StayConnected”, online at telstra.com/stayconnected or at a Telstra Store. If an exchange or replacement request cannot be finalised within 21 days because you have not, for example, provided the information we have reasonably requested, your request will be closed. You can make a new exchange or replacement request. c) An exchange or replacement device is a device of the same make and model, or if the same make and model is not in stock, you can: i) get a similar model (with boxed accessories). This is a device of similar kind, quality and functionality to your Registered Device (but may not be the same brand), with the same operating system and will not be an older model than your Registered Device; or ii) place a priority order for a device of the same make and model as your Registered Device (if available). An exchange or replacement device may not be the same colour as your Registered Device and may be refurbished or contain refurbished parts. d) Once you make a valid exchange or replacement request, ownership of your Registered Device immediately transfers to us and you immediately assign to us any rights and benefits under any manufacturer’s warranty for your Registered Device, to the extent that it can be assigned at law. The device will be blocked so it can’t be used on any networks and all content will be wiped. e) Unless you need to place a priority order, we will dispatch the exchange or replacement device to an address in Australia on or about the: i) same business day, if you make a request before 2pm in New South Wales on a weekday; or ii) next business day, if you make a request after 2pm in New South Wales, on a weekend or a New South Wales public holiday. If you place a priority order, we will advise you of the estimated delivery time when you place the priority order. f) The device provided to you in exchange or replacement will become the Registered Device when you receive it.

g) When you request an exchange or replacement, we may ask you about the condition of your Registered Device so that we can help you make the best use of the StayConnected Service. For example, you may not need to use an exchange or replacement request if your Registered Device can be located using the alarm or location function of the MSS Application or if a functionality issue can be addressed with basic instructions. When you request an exchange or replacement, we may attempt to locate your Registered Device and check if your Registered Device is active on the network. h) We may also ask you to confirm that your Registered Device has been lost or stolen, to facilitate IMEI blocking using the Australian Mobile Telecommunications Association “Lost & Stolen” program. 7 MSS Application - StayConnected and StayConnected Plus a) You can download the 24x7 – Telstra StayConnected application to the Registered Device by clicking on the electronic link we will send you, calling 13 2200 or going to telstra.com/apps on your Registered Device. Data charges, including international roaming charges, may apply for downloading the 24x7 – Telstra StayConnected application as well as using the data backup functionality whilst overseas. b) MSS Application features are only available on iOS and Android smartphones and tablets. Your Registered Device must be properly configured for the MSS Application to work. c) The MSS Application includes the following features. Some features are only available on the Android platform, as set out below: i) Data Backup Services including up to 2GB of data for user contacts and user generated content (photos and videos); ii) Data Security Services including: • remote locate and remote alarm; • remote lock (Android only); and • remote data wipe (on iOS devices, wipe is only for contacts and requires end user acceptance); and iii) Data Health Services (Android only) including antivirus and safe browsing.

8 Mobile Technical Support (MTS) – StayConnected Plus only a) The MTS services are available on the compatible mobile phones and tablets listed at telstra.com/stayconnected. You can access the service by calling 13 2200 and saying “StayConnected”. b) An outline of the online tools and live and online technical and diagnostic support for the technical issues provided by MTS in relation to your Registered Device or your MSS Application is available at telstra.com/stayconnected. Some issues (including any issues not listed for your device) will not be able to be resolved by MTS. c) MTS provides set up, troubleshooting and ongoing support for Registered Devices, including in relation to the following categories: i) basic device functionality and security; ii) email and internet connectivity iii) entertainment and personalisation; iv) general technical issues; and v) network coverage issues. d) Data usage charges may apply to the MTS services. 9 My Account Certain StayConnected Service features can be accessed via MyAccount. Each individual mobile service user who has access to MyAccount will be able to access the StayConnected Service features, including any backed up data from a Registered Device, for all mobile services on that account. If an account owner or authorised representative gets a StayConnected Service on a mobile service user’s behalf, they must first obtain the mobile service user’s consent to this clause 9.

10 Repair Repairs are not part of the StayConnected Service. However, you can ask us to repair your Registered Device at any time instead of exchanging it under StayConnected. Unless the repair is covered under warranty or a consumer guarantee under the Australian Consumer Law, the Telstra Mobile Device Repair terms and conditions will apply, including that you must pay the applicable repair fees. We will provide a copy of these terms and conditions on request. The repair of your Registered Device may result in the loss of any data stored on that device. Please make sure you back up any important data on your Registered Device before giving it to us. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. 11 Privacy Your personal information as a StayConnected Service customer will be handled in accordance with the terms of Telstra’s Privacy Statement available at telstra.com.au. Telstra can disclose your personal information to Asurion Australia Pty Ltd and its related bodies corporate and each of their representatives, which may extend to other jurisdictions in which they operate, such as the United States, Philippines and Hong Kong, so that it can assist in administering the StayConnected Service. This information may include details to confirm your identity as a StayConnected Service customer, your email address, telephone number for all Registered Devices and the type, make, model, IMEI and warranty start and end dates for your Registered Devices.

12 Varying the Terms We can vary these Terms provided that: a) we give you at least 30 days written notice of the change beforehand, by any means including mail, email or text message; and b) any increase to the monthly fees or Service Fees in clauses 5 a) and 5 b) is not more than 10% in any 12 months. 13 Liability To the extent permitted by law, we do not accept liability to you for any losses: a) resulting from the use of the StayConnected Service in connection with a business such as lost profit and consequential loss. If that liability cannot be excluded but can be limited at law, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or paying the cost of resupply, repair or replacement) where it is fair and reasonable to do so; b) that you cause (for example, through your negligence or breach of contract); c) resulting from your failure to take reasonable steps to avoid or minimise your loss; and d) that we cause by failing to comply with our obligations because of events outside our reasonable control (for example, a failure in equipment that we don’t own or operate). 14 Passwords We will issue or you will select keywords, usernames or passwords for the StayConnected Service. You are responsible for keeping these secure and you must not disclose them to anyone. We will not be responsible for any loss, damage or costs that you incur because of the use of your keywords, usernames or passwords, whether authorised by you or not, unless the use was our fault. If you become aware that any of your security codes are no longer private and confidential, you must let us know immediately and change these codes.

d) Further information about the functions provided by the MSS Application is available at telstra.com/stayconnected.

™ are trade marks and ® are registered trade marks of Telstra Corporation Limited, ABN 33 051 775 556.

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