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1About this Part

1.1This is part of the Telstra Mobile section of Our Customer Terms. Provisions in other parts of the Telstra Mobile section, as well as in the General Terms of Our Customer Terms, may apply.

See clause 1 of the General Terms of Our Customer Terms for more detail on how the various sections of Our Customer Terms should be read together. To see these terms – home and family customers click here; business and government customers click here.

See clause 1 of Part A – General of the Telstra Mobile section for more detail on how the various parts of the Telstra Mobile section should be read together. To see these terms – home and family customers click here; business and government customers click here.

2General Conditions for Data Services

General

2.1Our data services give you wireless access to a range of information services.

2.2If you connect a post paid service from 19 June 2003, you will automatically receive access to a number of data services including:

• Multi-media Messaging Service (“MMS”);

• BigPond Mobile Services (previously known as Telstra Active or WAP);

• Circuit switched data access;

• GPRS data access if you connect with a compatible SIM;

• 3G and HSDPA data access if you connect with a compatible SIM; and

• any other data service as we determine from time to time.

unless you connect using an i-mode handset.

2.3If you connect to a pre-paid service from 6 April 2005, you will automatically receive access to a number of data services including:

(a)Multi-Media Messaging Service (“MMS”);

(b)BigPond Mobile Services (previously known as Telstra Active or WAP);

(c)Circuit switched data access;

(d)GPRS data access if you connect with a compatible SIM; and

(e)any other data service as we determine from time to time.

unless you connect using i-mode handset.

2.4You must have a compatible handset or mobile device to use these data services on one of Telstra’s mobile networks. Telstra’s mobile networks include our GSM, 3G and Next G networks.

2.5The data services will be charged on a ‘Pay As You Go’ basis, unless you choose a monthly plan (if available) on the applicable application form or contact Telstra Customer Service on 125 111 to ask for a different charging option.

2.6You can ask that we remove any or all of the data services from your mobile service by contacting Telstra Customer Service on 125 111.

Equipment and software

2.7You must provide and maintain your equipment and software needed to use our data services, and are responsible for the security and integrity of your data.

Accessing information

2.8Your ability to use and download information and use interactive applications depends on:

(a)the features and functionality of your handset or device; and

(b)the nature and quality of the information being accessed; and

(c)the nature of packet based transmission systems. Packet based transmission systems are used on our mobile networks. These systems are at times subject to congestion, delays and loss.

2.9Due to the factors set out above, although we will use reasonable care and skill in providing these services, we do not promise that your particular handset will always be able to access information on the Internet or elsewhere.

2.10You will only be able to access content using our networks if you meet all necessary pre-conditions set by the content provider.

Content on information services

2.11We are not responsible for the content of information services provided by third parties. We are under no obligation to monitor or censor the material generated by users of information services, although we may do so.

Conditions of use

2.12You must not use our data services to:

(a)commit an offence or allow anybody else to do so;

(b)breach any content requirement, regulation or code of practice of any relevant authority;

(c)make obscene, threatening or defamatory remarks, or incite hatred of people; or

(d)abuse, threaten or embarrass anyone.

2.13You must not post or transmit to an information service any material which you know or suspect may contain a virus or other harmful component.

2.14You must not delete any author acknowledgments, legal notices, proprietary designations or labels in any file that is uploaded to an information service.

2.15You must not download any file posted by any other user of an information service if you know, or should know, that the file cannot legally be distributed in such a manner.

2.16You give us the irrevocable, non-exclusive, world-wide and royalty free right to copy and adapt any material you generate through use of an information service. This right applies to the extent necessary to provide the information service, or to promote the information service or any of our other services.

Charging

2.17We determine whether you are a GSM, 3G or Next G customer based upon the device you purchase at the point of activation, or if you do not purchase a device at the point of activation, on information you supply us as to whether the handset you will be using to access your Telstra Mobile service is a GSM, 3G or Next G device. Your data usage charges are determined by your mobile plan, whether you are a GSM, 3G or Next G customer, and whether or not you choose to purchase a data pack to use in conjunction with your mobile service. Your data usage charges are not determined by the underlying network you are accessing at any particular time. For example, 3G and Next G devices are generally also GPRS compatible. If you are a 3G or Next G customer, and you access GPRS when you are outside 3G or Next G coverage but within GSM coverage, you will still be charged at 3G or Next G data usage rates rather than at GPRS rates.

International roaming