These Terms govern the supply of our Services and any Wireless Modem or other associated equipment you buy from us. Your use of our Service including uMail is also governed by our Acceptable Use Policy (AUP). If you buy your modem or other equipment from us you will also be bound by the terms and conditions governing our online shop.

Your use of our Services, which are described in 2 and 3 below, indicates your acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms. You are not entitled to open an account for activation of our Services unless you are at least 18 years old.

We may monitor your account to ensure that you are complying with these Terms. We will comply with our Privacy Policy if we do. We may investigate any alleged misuse of the Service and may involve police or other law enforcement agencies in doing so without notice to you. We will cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our Services.

If our monitoring of your account or an investigation by a law enforcement agency demonstrates that you are in material breach of these Terms (ie a breach which is serious, in all the circumstances), we may terminate your account in accordance with 23 below. Please note that breaches of the AUP may also result in suspension or termination, as explained in the AUP.

In these Terms: 'you' and 'your' mean the customer (you!); we, our and us mean Unwired Australia Pty Limited; and our 'Services' means the provision of wireless always-on fast internet and broadband services we have agreed to provide to you under the plan you have chosen (that is an Unwired access plan such as Unwired Pre-paid).

Our Services use new, zero-install, non-line-of-sight wireless technology, providing wireless always-on broadband access to you up to the speed and usage limit (download volume) specified on your Pre-paid voucher.

Details of each voucher we offer are available on our website. Also, you can purchase additional features from us that complement the Services, subject to the terms and conditions governing the supply of those products as featured on our website.

We will provide our Services to you in accordance with these Terms, using reasonable skill and care. We will also ensure that the Services do everything we say they will do as far as it is reasonably within our power to do so.

Our Services include anti-spamming technology to protect you from unwanted spam emails in any email account that we provide to you.

Unwired Pre-paid operates on Unwired's Pre-paid broadband plan only. It is not possible to change to other Unwired internet plans with this product. If you wish to use one of Unwired's other plans, you must purchase another modem and join up separately.

You should be able to receive our Services whenever your modem is within the operating range of our network and your account has been activated with a current Unwired Pre-paid voucher. You should use the service address information you give us when you buy a Starter Kit to check whether you fall within our network area, and whether we can provide our Services to you. Unfortunately, we can't absolutely guarantee you the availability of our Services in advance as there may be places within our network area where a customer cannot receive the Services because of unusual terrain or other environmental circumstances. However, we offer a full 7 day money back guarantee. If within 7 days of purchase you plug the modem in and find you cannot receive our Services we will give you a full refund of the purchase price of the Starter Kit supplied by us if it is returned in its original condition and original packaging. We will also pay the cost of returning it.

We try to make our Services available to you within our network area at all times but sometimes availability is affected by factors outside our control such as prolonged interruptions to city power supplies. Speeds may be affected by environmental factors or by the volume of traffic the base station to which you are connected is experiencing. For this reason we can't guarantee that our Services will be available to you at all times; or that speeds won't vary from time to time. It may also be necessary to interrupt our Services occasionally in order to upgrade or maintain them. Should we need to interrupt our Services we will:

1. whenever possible conduct maintenance or upgrades between 1AM and 6AM Eastern Standard Time;
2. if possible tell you in advance (via email or our website) if our Services will be unavailable due to maintenance or any other foreseeable reason; and
3. restore disrupted Services as soon as possible.

We will provide you with unique login details to access your account. Keep this information secure - you are responsible for all activity on your account whether you have authorised it or not. The IP (Internet Protocol) address allocated to you may be different each time you access our Services. It is not possible to retain your login (username) for later use if your service is cancelled or your account has been closed.

To access our Services you will need our Pre-paid wireless broadband modem Starter Kit, which you can buy either directly from us or from one of our participating retail partners. If you buy a Pre-paid wireless broadband Starter Kit modem from another supplier it is your responsibility to ensure that the modem is able to be used to access our Services. Services will only be available once you have activated your account with a current Unwired Pre-paid voucher.

When you buy a Pre-paid Starter Kit from us:

1. risk in (responsibility for) the modem passes to you as soon as you receive it, and title (full ownership) passes to you on payment in full;
2. the modem and equipment it comes with are covered by a repair and replacement warranty against all manufacturing faults for 12 months from the date of purchase unless it is a refurbished modem*, in which case the warranty period is 6 months;
3. your warranty rights in (b) above:
   1. are in addition to any non-excludable rights, conditions or warranties implied by law, including those under the Trade Practices Act 1974 (Cth); and
   2. will no longer apply if your contract with us is terminated for any reason;
4. your warranty is as set out here: all other rights, conditions or warranties relating to the modem are excluded;
5. we reserve the right to update software in your modem to offer additional features and functions or to improve the performance of the modem to best match the performance of the Unwired network. Under most circumstances upgrades will be done over the air and you won't have to do anything but leave your modem switched on. We will give advance notice of upgrades. You won't have to pay for them;
6. in the unlikely event that your modem needs servicing outside the warranty period, we can arrange that for you at your cost.

* Refurbished modems are "as new" modems, which may have been used for testing or demonstration purposes, or may have been returned by customers who were outside our coverage area. The modems have been checked, tested and re-packed.

If it's necessary to replace your Pre-paid wireless broadband Starter Kit modem or any other equipment you bought from us under your 12 month warranty (or 6 months for refurbished modems) described in 8 above, let us know and a courier will be dispatched to collect the faulty equipment at no cost to you. The Unwired faulty equipment replacement process works in two steps. First, a courier will be dispatched to any reasonable location nominated by you. The courier will deliver a satchel containing the replacement equipment. Secondly a return satchel, pre-addressed to Unwired Returns, will be mailed to you with a letter explaining how to return your faulty equipment. You will need to follow the instructions on the returns letter and organise a pickup of your faulty equipment. Only the returned, faulty equipment will be replaced. For example, when a modem is replaced no new cables or Installation CD will be provided. Note that as equipment is superseded by new versions or models, replacement under warranty will be like for like - you will not receive a new version or model unless none of the model returned as faulty remains in stock, new or refurbished. A warranty of thirty days or the balance of the warranty period on your original equipment, whichever is the greater, will apply to the replacement equipment. We will check the faulty equipment and if we determine that the equipment fault is not covered by the Unwired warranty (for example it's full of water) an equipment replacement fee will be invoiced to you or charged directly to the account you have paid us from. We will tell you about this fee before applying the charges. If you fail to return your faulty equipment within 10 days of receiving the replacement equipment, we will issue an invoice for the cost of the replacement equipment and a charge will then be applied to the account you pay us from. We reserve the right to repair faulty equipment, or provide refurbished equipment when replacing equipment under warranty.

We offer a 7 day money back guarantee on our Pre-paid wireless broadband modem Starter Kit. If you are dissatisfied with your Unwired Pre-paid service for any reason at all, you may return your Pre-paid Starter Kit within 7 days of activating your account by entering the code from the voucher included in your Starter Kit and you will receive a full refund of the price you paid for the Starter Kit (except for the surcharge applied if you paid with an American Express card as described in 21).

If you wish to take up the 7 day money back guarantee and you purchased your Starter Kit from a dealer or retail store, you must return your Starter Kit to them within the money back guarantee period and they will refund you the Starter Kit purchase price.

If you wish to take up the 7 day money back guarantee and you purchased your Starter Kit directly from Unwired, over the phone or online, you must ring Unwired Customer Care (details on how to contact Unwired Customer Care are provided on the Support page of the Unwired website (www.unwired.com.au)). You'll be given instructions for returning your equipment and getting the refund.

You will have to return the equipment in its original packing material and it must be in its original undamaged condition. Starter Kit voucher, Accessories, CDs, cables and anything else included must be returned for us to process your full refund. When we receive the equipment we will make a decision about whether the conditions of the guarantee have been met and if they have, you will receive a full refund of the purchase price of the Starter Kit. However, purchases of any additional vouchers will not be refunded.

This refund will be applied to the account you paid us from. If when we receive it we find that you haven't met the conditions of the guarantee we won't provide the refund, and will return the modem to you.

We may process your refund before we receive your returned modem (but we reserve the right not to until we have received and assessed your returned equipment). If we do that, and you fail to return your equipment within 10 working days of cancelling your service, we will issue an invoice for the amount of the refund and a charge will then be applied to the account you paid us from. We will also reapply the charge if when we receive your returned Starter Kit we find that the conditions of the guarantee have not been met, and in that case we will return the Starter Kit to you as well.

Of course the 7 day money back guarantee will also apply for people who find that they cannot receive our service, due for example to unusual terrain or building construction. To take advantage of this you must, however, attempt to connect to our service and make your claim within 7 days of purchasing and receiving your Starter Kit.

The 7 day period is calculated in days as follows. The first day of connection to the service is Day 1 of the 7 day period, regardless of the time of connection to the service. The 7 day period ends when our phone lines close for the night on the 7th day of connection. For example, if you signed up at any time on Tuesday 1 March 2007, you must have made your claim before our phone lines close on Monday 7th March 2007. Remember our phone lines close at 11.30pm on weekdays and at 5.00pm on weekends and public holidays.

Software we provide to you is licensed (or sublicensed) to you only for your use with our Services.

We retain all our intellectual property rights in the Services, any modem you acquire from us, any software we provide you and the content of our website.

Unwired Pre-paid vouchers have a time allowance as well as a broadband usage allowance.

You can use your service as soon as you sign up and enter the voucher code. Each day is a period of 24 hours. For example, if you buy a 7 day voucher and you sign up and enter your voucher code at 1pm on 1 March, the seven days will end at 12.59pm on 8 March.

Unused time can be rolled over if you have used up your usage allowance and you enter a new voucher. A maximum of 60 days can be carried over. If you are rolling 60 days over, you will still receive the number of additional days on any new voucher you buy and enter, so you may at that point have more than 60 days available to you on your account. If when you have used up your usage allowance you have more than 60 days still available to you, only 60 will be rolled over when you top up again.

When measuring the consumption of your broadband usage allowance, both downloaded and uploaded data (data both sent and received by the modem) will be taken into account.

Unused data allowance cannot be rolled over: it will be forfeited if the time on your voucher expires first.

Vouchers can be entered before the usage or time of a current voucher has expired. They will then activate automatically as required based on the preferences you have set. Once entered, they cannot be removed or refunded under any circumstances.

Starter Kit vouchers can only be used to start an account, not to top one up.

Example:

If you reach your specified voucher broadband usage allowance before the voucher days have expired, there are no extra charges but the speed of your access to our Services will be reduced (see plans and pricing for details). Alternatively you can choose to top up with another voucher to regain broadband speeds. Unused days on your initial voucher will roll over to your new voucher. A maximum of 60 days can be rolled over. We will do our best to email you before you run out of broadband allowance (make sure we always have your current email address!). There is no charge for additional usage while your service is throttled.

If your voucher time expires before all of your broadband usage allowance has been consumed, this unconsumed usage will be forfeited.

A single email address is provided with Pre-paid accounts. If a Pre-paid account runs out of voucher time, the provided email account will continue to receive email but it cannot be accessed (to read or send mail) until a new voucher is entered. Mail will stay in this receiving only state for 10 days awaiting a recharge. After this time your email account will be shut and your mail will be lost.

Your account username and email address will be reserved for your use for 6 months from your last voucher's expiry. If your account has not been recharged for a period of 6 months, your account will be closed and you will need to select a new username (and email address) when you recharge your account.

You should be aware that certain activities will substantially contribute to the consumption of your usage allowance including downloading video files, applications software, MP3 files and peer to peer data sharing software such as BitTorrent, Kazaa and Gnutella (our Acceptable Use Policy may also cover some of these activities). We may also apply shaping to traffic of this kind if it is affecting our network.

If you would like more detailed information about activities that may contribute to your usage, please contact us or refer to our website.

Vouchers purchased from retail recharge locations must be added to your voucher wallet (via the top up page) or used to recharge your account within 6 months from the date of purchase. If vouchers are not entered into the system within 6 months of purchase they will expire and cannot be used, returned or exchanged.

We want to give you the best service possible but some things are beyond our control and we can't accept responsibility for them. We are not responsible for any Services failure which occurs:

1. due to fault with anything we have not supplied to you, such as your own computer;
2. because you do not use the Services correctly;
3. because you do not setup your modem correctly as per our instructions;
4. because you do not update software we provide to you;
5. because you do not let us update software supplied to you; or
6. because of anything else outside of our reasonable control (eg. a natural disaster, as described at 15 below).

We also can't accept responsibility for everything that happens to your modem. Don't use it in the bath!

We are not responsible for repairing or replacing a modem if it is defective due to:

1. any abuse, misuse, neglect, mishandling or misapplication; any accident by you or a third party; any improper maintenance or service, including opening of the modem case by anyone but our authorised technicians or connection to external antennas that are not approved by us; or any unusual hazards affecting the modem or failure to provide a suitable environment for the modem (including for example exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference, or incorrect power voltage);
2. electrical supply problems or damage to the battery or caused by the battery (if you have one) resulting from misuse; or
3. natural disasters (including for example floods, lightning and fire), acts of terrorism, or any other cause beyond our reasonable control.

We have tried to make our Services compatible with popular software packages and computer configurations. Visit our minimum 'System Requirements' section of the web site to check compatibility. However, we are not responsible for ensuring that the Services, modem or software we provide will be compatible with your computer, other equipment, software or data. If you find our modem or Services are not compatible with your equipment or what you want to do with it, take advantage of our 7 day money back guarantee.

You are responsible for what you do. We are not responsible for:

1. ensuring the data you access or make available through our Services will be private, secure or free of anything which may damage your equipment or data; or
2. the content or reliability of any information or software you access or make available through our Services

You accept responsibility for all information and material you send or make available via our services. You mustn't publish or make available any material which is illegal. You also acknowledge that Unwired doesn't check or approve anything available to you when you use our Services: you access and use such information and material at your own risk.

You are responsible for the use you make of your modem and our Services. You must:

1. keep your modem secure against use by other parties. You are liable for all fees resulting from use of our Services when accessed using your modem, whether authorised by you or not. If your modem is lost or stolen, notify us immediately: you will be liable for its use until we receive your notification, when we will suspend its use. You will be responsible for replacing it;
2. keep confidential all identification and log-in information required to access our Services. You are liable for all fees resulting from use of our Services when accessed using your log-in information, whether authorised by you or not;
3. comply with our usage policies in place from time to time (a copy of our Acceptable Use Policy, which forms part of these terms and conditions, can be found on our website). You must also ensure that any other person you permit to access our Services also complies with these policies;
4. immediately report any misuse of your account or disclosure of your security data;
5. not resell the Services we provide to you;
6. ensure that all information you provide to us is correct, and kept up to date. You must regularly check for emails from us at the default email address we provide to you (or any other reliable email address you have given us) as we may send you important notices about the Service using this email address, for example about your usage allowance or planned upgrades or outages;
7. provide your own computer set-up protection, including virus protection technology and firewalls (you may choose to acquire additional security products from us, subject to the terms and conditions governing the supply of those products as featured on our website). We strongly recommend that you install anti-virus and firewall software; and
8. reimburse us for any loss or damage we suffer if you breach these Terms.

You are responsible for maintaining a basic level of security on your computer against computer viruses and other possible security problems. We may suspend your service without notice if the security of your service has been breached and there is a possibility that this breach may impact or interfere with the Unwired network in any way.

It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus, or a virus has been introduced to our network from your computer.

Our charges are set out on our website. Please review these charges before you activate your account. These charges may be updated from time to time.

You must pay to us an amount equal to any GST payable on the supply of the Services. Unless expressly stated otherwise, all charges under these Terms (ie as set out on our website) are inclusive of GST.

If you choose to pay online using an American Express card a small surcharge will apply. This surcharge is not refundable.

The warranties that apply to equipment are described at 8 above. The following refers to implied conditions and warranties that may be otherwise relevant to the Service.

Unless expressly stated in these Terms, all other implied conditions and warranties are excluded.

Where our liability cannot be excluded by legislation (including the Trade Practices Act 1974 (Cth) and state fair trading legislation) any condition or warranty implied by that legislation will be included in these Terms. However, to the extent permitted by such legislation, our liability for any breach of such condition or warranty shall be limited, at our option, to one or more of the following:

1. if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods or the cost of replacing, repairing or acquiring equivalent goods; and
2. if the breach related to services, the resupply of the services or the payment of the cost of having the services resupplied.

This agreement begins when you purchase our wireless broadband Starter Kit and continues until six months after the expiry of your last voucher, unless terminated earlier in accordance with these Terms. We may terminate your Services if you breach these Terms in a material way. If we do, you will forfeit any remaining time or usage allowance on the voucher current at the time of termination.

We may also terminate the Services immediately if, in your dealings with our staff, you harass, insult or abuse any of them, for example by reason of or by reference to their gender, ethnicity, race, nationality, language, sexual orientation, or religious beliefs.

We may vary these Terms or any information contained on our website at any time. However, if a variation is likely to have a detrimental impact on you and that impact is more than a minor impact, we will make reasonable efforts to notify you of the change and we will allow you the option of terminating the Services without penalty.

Your use of our website or access to our Services will be taken to indicate your consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy which forms part of these Terms and is available on our website. We may, for example, disclose information about you to or receive information about you from your bank, credit card provider or their agents.

We comply with the Spam Act 2003 (Cth). If we send you promotional emails, you will be able to respond asking us not to send you any more. However, all of our official communication with you will be by email: notice of upgrades and outages, invoices and so on. You agree as part of your acceptance of these terms and conditions to our sending you emails for those and related purposes.

Notices will be sent by email to the preferred email address you have nominated. You will be deemed to have received a notice at the time the email is sent.

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

You may not transfer your service. You are free to transfer ownership of your modem but if you do and you no longer wish to be responsible for payment you must cancel your service and the new owner must enter into a new contract with us.