Terms and Conditions

1 - About the General Terms and Conditions

Our Customer Terms

1.1 - These are the General Terms and Conditions as referred to in other sections

1.2 - Additional sections may apply, such as for pre and post paid products, or for instance, for the membership and usage of websites.

2 - General

Our Services

2.1 - PCIM, Powercom Interactive, Oneteam or its partners or affiliates (We or Us) offer you (the User) Telephone Information and Entertainment Services, using mobile or fixed line phones, making use of today’s technology such as voice, SMS, 3G video, internet websites and other ways of transferring information to you.

2.2 - Services are divided in two main categories: offline and online billed services. Offline billed services are charged via a Prepaid or Postpaid methods; where online billed services are charged when you use them, for instance via your telephone provider telephone-account or your mobile phone account. Online billed services can also be charged via premium sms-mechanisms.

2.3 - These general terms and conditions apply to all our products and services, and you may find additional terms and conditions that apply specifically to your product. You may find this in your contract, agreement, advertisement or other communication methods depending on the product you have chosen.

2.4 - Our service fees and charges are as described and agreed, normally communicated for instance via the medium, the advertisement or the carriage medium. Otherwise they can be found in the applicable additional terms and conditions as described in 1.2

3 - Service Level and included services

Service Level

3.1 - PCIM will endeavour to provide services which exceed the user’s expectations. There may however be occasions due to system failure or other circumstances where PCIM’s Service Levels may be affected.

3.2 - In the event that our Service Levels are affected, we reserve the right to alter the service until such time as we are able to resume normal services and service levels. It may be necessary to terminate our contract with you and PCIM reserves the right to do so with immediate effect. In such extreme situations we would endeavour to provide reasonable notice and/or another reasonable and mutually satisfying solution, where applicable.

3.3 - In keeping with our policy of product review, and to provide you with up to date products and services, there may be changes from time to time. PCIM reserves the right to introduce new services and change the products and services available at any time, without prior notice.

Included Services

3.4 - Many products or packages provide different levels of service and usag. Some product are sold on a postpaid per used minute basis, other services have a number or packaged bundle of service included in your package, others are billed via your telephone provider (such as Telstra or Optus) according to the time you have been using a service.

In case of prepaid services, unused services of the latter expire each day or after the agreed period, or as described in your product’s additional terms and conditions.

4 - Payments and Invoicing of offline and online billed services

Payment and invoicing

4.1 - Some services might be covered by your contract (or included in your contract) and others might not or partly or for a limited or restricted time. Refer to your product and, if applicable, additional terms and conditions for your product to determine what apply to your package.

4.2 - When you are using a product that is based on a postpaid basis, our invoices are payable max 2 (two) weeks after invoiced, where it concerns charges relating to usage not included in your package.

4.3 - Monthly fees, commitments and or reservation charges (such as number reservations) are due in advance where it concerns a prepaid service.

4.4 – In case of online billing, charges will appear on your phonebill from your respective telecommunications provider. Although the telecommunication provider (Telstra) charges your phone bill on our behalf, in case of disputes, the official Telstra figures will prevail. For further disputes regarding charged minutes, please refer to the Australian Telecommunications Ombudsman.

4.5 - PCIM reserves the right to charge interest at 3% above the Bank of Australia base rate and/or suspend services in respect of invoices outstanding for 28 days or more.

4.6 - PCIM reserves the right to ask for a deposit to be paid before resuming services. PCIM reserves the right to cancel, suspend or terminate a service when the subscriber has not fulfilled it’s obligations in regards to payment(s) of the above.

5 - Service acceptance and cancellation of services

When accepting PCIM any products and services, you agree to the terms and conditions as set out in this paragraph, where applicable;

5.1 – Only on completion of your registration and received payment, products and services, such as a unique PIN number, shall be allocated to you (where applicable), or started

5.2 - In the event that the service is cancelled, any number(s) that might be allocated to you shall be relinquished, for use as PCIM sees fit.

5.3 - Upon cancellation of the service, PCIM shall not take any responsibility whatsoever for receipt and delivery of any messages sent from your message centre subsequent to that cancellation

5.4 - PCIM shall be entitled at any time to withdraw services and products (such as for instance your allocated PIN number or service access number), without notice, for whatever reason

5.5 - If you cause any nuisance using any of the services, PCIM shall, at its sole discretion, and without prior notice withdraw services to you

5.6 - In the event that there is any cause whatsoever to believe that the service provided by PCIM is being used to contravene any law, that service shall be immediately cancelled. Any such cancellation shall be at the sole discretion of PCIM, and shall be done without notice to you or according to the relevant paragraphs in your additional terms and conditions applicable to your product or service

5.7 - You are free to cancel or discontinue the offline billed services by giving at least a full calendar month's notice before the end of your contract in case you have a non prepaid account with us.

5.8 - In case of offline billed services, it is your responsibility to cancel any future-pay agreement after this period. Any additional amounts received after the one month's cancellation notice period which is not owed for any services provided will be refunded to you.

5.9 - In case of a refund as described in 5.8, an amount of 8% of your average spending will be deducted to cover administration fees. A fee of 8% is also applicable to the amount used as a float in case you have had excessive usage.

5.10 - Banking InformationAny outstanding invoices will be paid via our telephone payment system on 1300 133 200.

6 - Disclaimer

Content disclaimer

6.1 - PCIM does not monitor, nor take any responsibility whatsoever, for quality, accuracy and the content of the information or messages that are received on your behalf.

General Disclaimer / Third Party Information

6.2 - All information contained herein is a general outline of the subject matter, and has been entered by PCIM in the honest belief that it is true, accurate and is not misleading. PCIM must, however, also rely on the integrity of the sources that provide PCIM with that information.

6.3 - Accordingly, PCIM does not take any responsibility for the truth and accuracy of the information, and the use that is made of it, which is entirely at your own risk, and without recourse to us.

7 - Privacy

PCIM is committed to the protection of your privacy.

PCIM reserve the right to modify the information, collate, edit or track personal information in order to improve our services to you or if required by law.Security, Quality and Accuracy of information PCIM endeavour to keep your personal information up to date and accurate, however you must let us know if there are any details which you may have accidentally recorded incorrectly in an email or online form. We will endeavour to correct your personal information within 3 business days of receiving a written request from you.Whilst PCIM will take all due care, by means of protected and restricted access to, firewalls, anti virus software etc, in protecting the security, confidentiality and privacy of the information submitted by you, we cannot guarantee that our systems will be completely free from third party interception or damage to information transmitted by email which is caused by for instance malicious viruses. Some or all of the services provided to you may be provided through our appointed third parties. Your personal information may be securely stored by our third party IT provider, and accessed only for the purposes of IT administration and security.Use of Your Information Outside AustraliaAs part of your agreement with PCIM, we may need to transfer some of your personal information to one of our international affiliates. We will use reasonable endeavours to ensure that the recipient jurisdiction has in place a regime, which complies with the legal requirements of that jurisdiction

7.1 - All information collected by PCIM from you may be used by PCIM in accordance with these terms and conditions. This PCIM terms and conditions may be amended from time to time. You agree to regularly review PCIM’s terms and conditions. You might request a copy from our customer service on 1300 133 200 or visit the website regularly (www.pcim.com.au).

7.2 - All services provided by us and any information provided by you in the course of our relationship will be kept strictly confidential.

7.3 - We will not provide your name as a reference without your permission. The user’s data will be automatically inserted in the service database. This database is not liable for the content or the privacy policy of third party whose website or service have been linked or integrated into the PCIM’s services or platforms, or resellers from white labelled PCIM services. PCIM is allowed to use the by the user provided data such as GSM telephone number and email address as well as other anonymous and demographic information for (future) improvement of its services and to use this information for marketing purposes, or to provide this information to other parties.

7.4 - The user agrees to receive, from time tot time, free emails, sms or other means of information from PCIM or its business partners. PCIM can instruct third party companies to send free promotional offers via email, sms or other means.

PCIM will send information or offers that are believed to be beneficiary or have an added value to the regular user or the user’s lifestyle on an irregular basis. When a user wants to stop receiving these free offers, the user has to inform PCIM via return sms sending "stop", the info@pcim.com.au or call the service line on 1300 133 200.

7.5 - In order to use some services, it is necessary that the user provides PCIM with the certain data that are necessary for execution of the service or process a payment. If the user does not want to provide this data, the user will not be able to use the service.

7.6 - PCIM will apply the Australian privacy acts and regulations. In case that there are legal obligations that force PCIM to provide data to an authorized person and/or person representing the legislator, PCIM will provide this entity with the asked information.

8 - Security

You agree and acknowledge we are not liable to you or any other person for any of the following:

8.1 - Performance, security, reliability, and your competence in the use of the internet and telecommunication devices, telecommunications companies, and internet service providers in transmitting information

8.2 - Confidentiality of your password, pin number and or username

8.3 - You are responsible for password security or pin code, and must ensure that this password or pin code is not disclosed to any third party, for whatever reason

8.4 - Security of any information transmitted on the internet

9 - Exclusion of Liability and Applicable Law

9.1 - You agree and acknowledge that PCIM shall not be liable for any claims of whatsoever kind or nature (including claims for negligence) that might arise directly or indirectly out of any act or omission, use or misuse of any of the services by you or for anything else done or not done by PCIM.

9.2 - To the extent this clause fails to fully and completely exclude any claim and/or to the extent any third party might make any claim against PCIM in any way related to your use or misuse of the Services or anything done or not done for you by us then you hereby indemnify us against any and all liabilities, losses, expenses and costs that might be suffered or incurred by PCIM as a direct or indirect consequence of any such claims being made.

9.3 - PCIM hereby excludes all and any liabilities, costs, damages, losses or expenses of whatsoever kind or nature which may be claimed by you or any third party against us including claims for negligence in relation to any matter whatsoever arising from this Agreement. Applicable Law

9.4 - The Agreement between you and us will be governed by and construed pursuant to the laws of the commonwealth of Australia.