These terms and conditions (“Terms”)
apply to your use of the Sock Assist iPhone Application (“App”)
provided by Telstra Corporation Limited (“we, us, our”)
. If you do not agree to the Terms you must immediately stop using the App and the Sock Assist service provided by the App (“Sock Assist Service”).
1. Changes to Terms:
These Terms may change from time to time – please read them carefully each time you use the App (as they apply each time you use the App). If you do not agree to any changes to the Terms you should immediately stop using the App.
2. How to buy calls:
Your use of the Sock Assist Service through this App is subject to you having purchased sufficient Sock Assist calls. You may purchase calls through your iTunes account.
3. Sock Assist Call Packs:
You can purchase one of a range of packs that give you a specified number of Sock Assist calls for a specified price which will be valid for up to 3 months from the date of purchase (“Sock Assist Call Packs”)
. For further details of the Sock Assist Call Packs refer to m.sockassist.com.au
. We may from time to time introduce different packs or change the applicable price or conditions.
4. Expiration of Sock Assist Call Packs:
If you have purchased a Sock Assist Call Pack and you don’t use all your calls within 3 months from the date you purchased them, any remaining unused calls will expire at the end of that 3 month period. We will send you an SMS to notify you before your calls expire.
5. Transfer of Sock Assist Call Packs to replacement iPhone:
Sock Assist Call Packs (including the unexpired balance of any call pack) may be transferred to a replacement iPhone where a user’s phone number remains the same (i.e. if you lose your iPhone and get a replacement iPhone and keep your old number). You can transfer the unexpired balance of your Sock Assist Call Pack to your replacement phone by:
- Re-downloading the App to your replacement phone;
- Clicking on a link to register your iPhone; and
- Entering your phone number when prompted to do so.
Sock Assist Call Packs cannot be transferred to a replacement iPhone where a user’s phone number has changed or is different to the number initially used to register the App.
6. Information available from Sock Assist:
The Sock Assist Service is an operator assisted service. By using the Sock Assist Service you will be able to:
i. information from the White Pages and Yellow Pages directories about most residential customers and businesses listed in those directories, including most telephone numbers and addresses and other information such as (but not limited to) business operating hours and web addresses; or
ii. non directories information including directions, movie times, find-a-fact, sports scores, world times, dialing codes and weather (where available); and/or
b. be connected to your requested residential or business number (subject to the limitations set out below).
You cannot use the Sock Assist Service to connect to: (a) a service with a silent line; (b) a service that is not listed in our directory assistance database; (c) international numbers; or (d) some enhanced services like 0500, InfoCall 1900 services, directory assistance calls, calls to pagers and ships at sea.
7. Excluded searches:
The Sock Assist Service does not allow or provide (a) access to telephone numbers or addresses that are not publicly listed for any reason (i.e. silent or unlisted numbers or addresses); (b) opinions or answers to non-factual questions; (c) professional or medical advice; (d) content which is offensive, contentious, malicious, inappropriate or illegal; or (e) content that has been classified MA 15+ or higher. However, we may debit you if you make requests for information of this kind.
Sock Assist credits are payment for making information requests to the Sock Assist Service and, should you elect to do so, for call connection to your requested number (subject to the restrictions in these Terms). Additional call charges and data charges may apply to accessing the service from your mobile. In particular, call charges may be imposed by your mobile provider for calls to 1800 numbers.
9. Useful Numbers List:
We will use our best endeavours to ensure that the numbers included in the Useful Numbers List are correct and up to date but do not make any warranties, guarantees or representations that these number will be. Where a number in the Useful Numbers List is incorrect or does not work, users should contact their directory assistance provider or, if an emergency, call 000.
10. Your Customer Promises:
Information provided by the App and the Sock Assist Service is for your personal use only. You promise that you will: (a) not use any automatic or other processes to make unreasonably high numbers of requests or otherwise with the intention of data mining; (b) resupply information or calls provided by the service in the course of business; (c) use the App in a responsible manner, and not for any illegal, improper or inappropriate purpose (and you will be solely responsible for such use); (d) not abuse the Sock Assist Service offered by the App by sending offensive, malicious, nuisance, inappropriate or criminal or illegal messages; and (e) not access or use the App or Sock Assist service in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to rights in the nature of intellectual property rights, confidentiality or privacy). If you breach any of these Customer Promises we may take any action we see fit, including (a) charging you for your use of the Sock Assist Service; (b) not replying to any request sent by you; and/or (c) blocking future access to the Sock Assist Service from your mobile and/or immediately cancelling or suspending your Sock Assist Call Pack. Where reasonably practicable, we will give you prior notice that we are going to block calls from your mobile to the service or otherwise cancel or suspend your Sock Assist Call Pack.
11. Accuracy of content not guaranteed:
We make no warranties or representations about the accuracy or completeness of the information provided to you by the App or by our Sock Assist agents and assume no responsibility for: (a) errors, mistakes, inaccuracies or omissions in any information provided; (b) personal injury or property damage resulting from your access to and use of the App; or (c) any product or service, advertised or offered by a third party, accessed by you through the App.
12. Limitation on liability:
We accept liability to you for breach of any statutory guarantee or other rights under consumer protection laws that cannot be excluded and for loss or damage that was caused by our breach of contract or negligence under the principles applied by the courts, but we are not liable for: (a) loss or damage that was not reasonably foreseeable; (b) loss or damage that was not caused by our breach of statutory guarantee, contract or by our negligence; (c) loss or damage that was caused by your breach of contract or your negligence; (d) business losses (such as lost data, lost profits or business interruptions); and (e) loss or damage caused by events outside our reasonable control (such as a malfunction in equipment or software).
13. Compliance with laws:
You agree to use the App in compliance with all laws, and acknowledge that our Sock Assist agents may not be able to respond to your request if to do so would put us in breach of any laws.
14. Severability of Terms:
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15. Promotion Consent:
By registering to use this App and each time you use the Sock Assist service to request information from our Sock Assist agents, you agree to receive SMS marketing communications relating to the Sock Assist Service or the App. To opt out of Marketing communications please SMS “no” to 0429 000 920.
By agreeing to these terms you give your consent for us to collect, use and disclose any information you provide to us in accordance with the practices set out in our Privacy Statement (available at https://www.telstra.com.au/privacy/privacy-statement/ or by calling 1800 039 059). Please note that to opt out of receiving marketing communications relating to the App or the Sock Assist Service you will need to follow the procedure set out in paragraph 15 above. The opt-out option referred to in our Privacy Statement does not apply in relation to the Sock Assist Service or the App.
17. Intellectual Property:
The App and the Sock Assist website each contain registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law, including the Sock logo, Sock Assist and Telstra. The trademarks are owned by Telstra Corporation Limited (ABN 33 051 775 556). You may not use any of the trademarks, business names or any other intellectual property forming part of the App or Sock Assist website without our prior written consent.
18. Governing Law:
These Terms are governed by and construed in accordance with the laws of, and are subject to the exclusive jurisdiction of the courts of, Victoria, Australia.
If you have any problems or questions regarding these Terms, the Sock Assist Service, or use of this App, please submit them to us via firstname.lastname@example.org
. Alternatively, complaints or rebate requests can be reported to 1800 249 326.