BackChat Mobile Service Terms & Conditions
BackChat Mobile allows You to make low cost calls on various GSM cellular network from your BackChat Mobile-enabled mobile phone when registered to the BackChat Mobile service via a correctly configured mobile phone.
In order to use this Service You must agree to the terms and conditions that are set out below. Press the yes button when asked if you accept the terms and conditions during the service sign-up process. By using the Service You expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time at www.backchatmobile.com.au.
These Terms and Conditions, and the related Forms and web pages they reference, constitute a legal Agreement between You the end user and BackChat Global PtyLtd (For the purposes of this document Backchat Global Pty Ltd, BackChat and BackChat Mobile are interchangeable and refer to the same entity).
Compliance with Applicable Laws
By entering into this Agreement You expressly confirm that You are legally entitled to enter this agreement.
BackChat Mobile shall make every effort to provide a high level of availability for its mobile Service. However, BackChat Mobile is unable to guarantee continuous, fault-free operation of its mobile Service or certain transmission times or capacities. BackChat Mobile reserves the right to service its mobile Service at any time, which may result in temporary disruptions. No representations or guarantees are made in respect of availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines. No guarantee may be given for absolute protection of BackChat Mobile's Service against unauthorized access or interception. BackChat Mobile shall assume no liability for any such occurrence. BackChat Mobile may at any time adapt or interrupt its services. BackChat Mobile may engage at any time a third party to fulfill any of its obligations under this contract.
You will be charged BackChat Mobile's standard rate for the Service/s. The BackChat Mobile Service operates on a pre-pay basis and You will be prompted to pay these rates in advance.
A full list of BackChat Mobile's rates for standard Services is published at www.BackChatMobile.com.au. These rates may be changed from time to time, entirely at BackChat Mobile's discretion, so You should check the BackChat Mobile website regularly to determine if any changes have been made or announced.
If You have no credit in Your Account, the call will be dropped or not connected. This also applies to 'free' calls.
BackChat Mobile Number Porting
In very unusual cases, in order for BackChat Mobile to provide continuity of the Service, it may be necessary to port your "BackChat Mobile Number," which means moving it from one of BackChat Mobile's suppliers to another. By agreeing to these terms and conditions you expressly agree to port your number as and when directed by BackChat Mobile. BackChat Mobile will issue You all necessary documents and otherwise assist You with the process and cover any associated porting charge. In some circumstances we may need to change your BackChat Mobile Number including but not limited to, if required to do so by Law or legislation, by agreeing to these terms and conditions you expressly agree that we can do this.
Caller line identification (CLI)
Our network may allow the display of your BackChat Mobile Number on receiving devices. If You do not want to display your CLI please notify us.
If you need assistance regarding the BackChat Mobile Service, please send an email.
There may be numbers that BackChat Mobile restrict your access to, including but not limited to premium rate numbers, please check the Help section of the website for more details.
You may terminate this Agreement at any time with written notice to BackChat Mobile.
BackChat Mobile may limit, suspend or terminate the Service and this Agreement if we think You are in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to You via the email address You have provided and/or by preventing You from accessing the Account and the Service.
If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorised or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances You will have no claim against us.
If the product is faulty, You will be entitled to a full refund. You will need to call to receive a refund confirmation before sending back to Backchat Mobile. Backchat will not refund opened packs or any unused credits. BackChat takes no responsibility for locked phones causing the service not to work.
Assignment of rights
You may not assign your rights under this agreement unless expressly agreed by BackChat Mobile.
BackChat Mobile may assign our rights under this agreement to any company that controls BackChat Mobile or that BackChat Mobile controls.
All intellectual property rights in the BackChat Mobile Service do not imply any transfer of intellectual property rights.
The service is copyright BackChat Mobile PTY Limited 2008. BackChat Global and BackChat Mobile are registered trademarks of BackChat Global Pty Limited. The BackChat Mobile logo and the BackChat Global logo are trademarks of BackChat Global Pty Limited.
If You have any complaints about the service You should send them in the first instance here.
While we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and You agree to accept the service "as is". We reserve the right to suspend the service for technical, operational or other reasons. BackChat Mobile reserves the right to withdraw this service and any additional services at its sole discretion.
We reserve the right to make changes to these terms and conditions. You should check the BackChat Mobile website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting You directly. If You do not notify us within 30 days of a change then You will have been deemed to accept this change to this Agreement.
These Terms and Conditions and additional terms and conditions as explicitly identified on the BackChat Mobile website constitute the entire Agreement between You and BackChat Mobile. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.
BackChat Mobile will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labour shortage or dispute, governmental act or failure of any third-party service or network.
Changes in Regulation
If new regulations are imposed on BackChat Mobile, BackChat Mobile is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. BackChat Mobile retains the right to pass on to You any new regulatory fees or taxes that may be imposed by law or regulation.
This agreement is governed by the laws of NSW Australia. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.
Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.
BackChat Global Pty Ltd, with registered address being Level 14 Tower 2 Grafton Street, Bondi Junction, NSW, 2022, Australia
Additional Services, Features and Terms
BackChat Mobile may, from time to time, introduce additional services which You will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which You will need to agree before gaining access.
Fair Use Policy
1. It is important to BackChat that all eligible BackChat customers are able to access our Services. Accordingly, We have devised a Fair Use Policy which applies to:
(a) usage of BackChat Free Services; and
(b) any promotions or Services which are advertised by BackChat as subject to the Fair Use Policy (“Fair Use Promotions”).
2. We reserve the right to vary the terms of the Fair Use Policy from time to time.
3. BackChat may rely on the Fair Use Policy where:
(a) your usage of BackChat Free Services is unreasonable; or
(b) your participation in a Fair Use Promotion is excessive or unreasonable, as defined below.
4. In the case of Fair Use Promotions, what is excessive use will either be advertised by BackChat at the time of the relevant promotion or introduction of the relevant Service or included in this Fair Use Policy prior to the commencement of the relevant promotion or introduction of the relevant Service.
(a) In the case of the Free Incoming Calls, excessive use will be use above 100 minutes per customer per week.
(b) At all times, your Account Balance needs to be positive, ie have some available credit.
5. It is unreasonable use of BackChat Services where Your use of BackChat Services is reasonably considered by BackChat to be fraudulent or to adversely affect the BackChat Providers’ Networks or other BackChat customers’ use of or access to a BackChat Service or the BackChat Provider’ Networks.
6. Among other things, "fraudulent use" includes resupplying a BackChat Service without BackChat’s consent so that someone else may access or use BackChat Services or take advantage of a Service.
7. Where You are in breach of this Fair Use Policy, BackChat may contact You so you may change Your usage so that it conforms to this Fair Use Policy.
8. If, after BackChat has contacted you, Your excessive or unreasonable use continues, BackChat may, without further notice to you:
a) suspend or limit the Service (or any feature of it) for any period We think is reasonably necessary; and/or
b) terminate Your agreement in accordance with the relevant Part of Section 2, Terms & Conditions of the Standard Form of Agreement.
c) Apply a charge of $0.20 per minute for any further use
BackChat may pass on any Monthly Fees charged by our Network Suppliers. These Monthly Fees will not exceed $1.00 per month, and will be charged to against your available credit. Should your account balance fall to zero or below, all calls will be blocked until further credit is added.
BackChat complies with the Telecommunications Consumer Protection Code. You can access and review documents required by clicking here.