Mobile Terms of Use Policy

Last Updated: 11th December 2023 

 

1. Introduction to Our Terms 


These Terms of Use (“Terms”) govern your access and use of the Spacetalk Mobile (previously called JumpySIM) mobile communication goods and Services that we deliver, including all associated websites, content, firmware, software applications, API’s, products and services (the ‘Spacetalk Mobile Service/s’ or the ‘Service’). 

 

The Spacetalk Mobile Services are provided to you by Spacetalk Holdings Pty Ltd (“Spacetalk Mobile,” “we,” “us” or “our”).  

 

You must accept these Terms to create a Spacetalk Mobile account and to access or use the Spacetalk Mobile Service. If you do not have an account, you accept these Terms b using any part of the Spacetalk Mobile Service. If you do not accept these Terms, do not create an account or use the Spacetalk Service. 

 

2. Your Contract 

(a) Your contract with us consists of: 

(i) Plan Terms;

(ii) Rate Tables;

(iii) These Terms;

(iv) Your application for the Spacetalk Mobile Service;

(v) Policies posted on the Spacetalk Mobile website. 

Referred to as (your ‘Contract’). 

 

3. Our Service 

We supply the Spacetalk Mobile Service to you, using a network operated by our carrier, Telstra Wholesale.  

3.1 Our Service Includes 

(a) 4G and 5G Mobile plans that entitle you to allowances as detailed in the related Critical Information Summary, covering the below functionality: 

(i) Calls to Australian numbers;

(ii) MMS to Australian numbers;

(iii) Standard SMS to Australian numbers; 

(iv) A data/send receive allowance; 

(v) International call ands SMS; and 

(vi) The right to purchase Data Top Up for an extra charge. 

(b) Wearable plans that entitle you to allowances as detailed in the related Critical Information Summary, covering the below functionality: 

(i) Calls to Australian numbers;

(ii) Standard SMS to Australian numbers;

(iii) A data/send receive allowance;

(iv) The right to purchase Data Top Up for an extra charge. 

3.2 Network 

(a) Spacetalk Holdings Pty Ltd under the brand name Spacetalk Mobile uses parts of Telstra’s 5G, 4G and 3G mobile networks. The Service provides 5G coverage reaching at least 75% of the Australian population. The Telstra Wholesale mobile coverage area footprint reaches more than 98.8% of the Australian population and covers more than 1.6million square kilometres of the Australian landmass. 

3.3 Plan Expiry  

(a) All our products have a defined expiry period (the ‘Plan Expiry Period’).

(b) After the Plan Expiry Period, any Credits are voided without a refund.

(c) After the Plan Expiry Period for a Mobile Plan, any Credits are cancelled – unless data banking applies, and there is no refund of those credits. 

3.4 Prepaid Service Only 

(a) Our Service operates on a prepaid basis.

(b) Any reference to a “charge”, “cost” or similar mean a deduction from your Credits, not a future bill. 

3.5 Plans 

(a) We may offer Mobile and Wearable with distinct terms, prices, features, and limitations, entitlements, Credit Expiry Periods and special conditions (‘Plan Terms’). 

(b) We reserve the right to discontinue plans, impose eligibility criteria or restrict availability.

3.6 Vouchers and Activations 

(a) For some of our Plans, we may sell vouchers that allow you to use the Plan after you activate the voucher on our website,

(b) Unactivated vouchers may lapse with no refunds issued. 

3.7 Rate Tables 

(a) For certain Plans, specific rates apply (e.g. unlimited calls). Additional costs are detailed in the ‘Rates Table’ on our website.  

(b) Please check the Rate Tables carefully to see what fees and charges apply to your use of the Service.  

3.8 Policies 

We publish Policies (e.g. Fair Go Policy) applicable to the Spacetalk Mobile Service on at www.spacetalk.co/mobile.  

3.9 Changing Terms 

(a) We retain the right to modify Plan Terms, Rate Tables, Policies and the Service at any time. 
(b) Changes may include alterations to offers, charges, services or removal of products.  
(c) Notification of Changes: 
(i) Beneficial or neutral changes may not be individually communicated. 
(ii) Adverse changes may be communicated to you with at least 30 days’ written notice. 

 

4. Use of the Service

4.1 To use the Spacetalk Mobile Service you must: 
    (a) Be 18 years old; 
    (b) Possess a compatible handset or tablet, which you must supply and maintain at your own cost; 
    (c) Acquire a Spacetalk Mobile SIM card; 
    (d) Activate the SIM card on our website, by: 
    (i) Providing your full name, date of birth, contact phone number, residential address, email address and any other information as requested; and 
    (ii) Completing an identity verification as required by Australian law; 
    (e) select and pay for desired plans. 

     

    4.2 Spacetalk Mobile will connect your service within a reasonable time after you have completed an application, we have accepted your application and you have taken any necessary steps to activate your service including eligibility requirements and activation of your service.  

    4.3 You must activate your SIM card before any expiry date shown on the SIM pack. If you do not, the SIM card may be cancelled and unable to be activated. 

    4.4 You cannot access or use the Spacetalk Mobile Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Spacetalk Mobile Service. 

    4.5 SIM cards linked to a Wearables Plan should only be used in a wearable device like a smartwatch or fitness watch. If you transfer the SIM card from a wearable device to a handset, you are required to recharge with a handset during your next recharge. 

    4.6 We, or our suppliers may at any time monitor and intercept your service or use of service if required to by law.  

    4.7 Personal Use Only 

    (a) You may use the Spacetalk Mobile Service for personal use only. 
    (b) You must not use the Spacetalk Mobile Service: 
    (i) for non-personal use; 
    (ii) for commercial or business use; 
    (iii) to provide a wholesale service (including in transit, refile or aggregate domestic or international traffic) on the network though which they provide the Spacetalk Mobile Service; 
    (iv) in connection with a device that switches or reroutes calls to or from the network through which we provide the Spacetalk Mobile Service or the network of any supplier; 
    (v) to generate mobile voice calls and SMS messages for the purpose of deriving terminating access payments; 
    (vi) to generate voice and SMS traffic using SIM boxing or any automated traffic generation arrangement without our prior written consent, which we may withhold in our absolute discretion. 
    (c) We may take steps to minimize the risk of fraudulent and other non-permitted use. Such use is commonly associated with extreme levels of voice calls and SMS. We will not necessarily pre-publish full details of any such measures because doing so may render them ineffective, but they may involve requesting you contact our support team to confirm that an extreme call volume relates to personal use. You must respond promptly to any such request, so we can ensure there’s no temporary impact on your service. 
      4.8 Coverage 
        (a) The Spacetalk Mobile Service is not available in all areas of Australia. You may obtain actual coverage maps showing where the Spacetalk Mobile Service is available in Australia from us or at www.spacetalk.co/mobile. You are responsible for inquiring whether coverage is available in the area in which you would normally use the Service. 
        (b) In areas that the Spacetalk Mobile Service is available, it is technically impracticable for us to guarantee that: 
        (i) the Service is available in each place within an area where there is coverage; 
        (ii) dropouts will not occur during a call; and 
        (iii) there will be no congestion. 
        (c) Due to technical reasons, we are not able to guarantee that calls to ‘13’ or ‘18’ prefix numbers will be diverted to the nearest location for that ‘13’ or ‘18’ prefix number. 
          4.9 Policies 

            You must comply with all Policies applicable to the Spacetalk Mobile Service. 

             

            5. Charges for the Service 

            5.1 You pay for the Service by buying and recharging a Handset or Wearable Plan that you choose. 

            5.2 These prepayments encompass all costs relayed to using the Plan. Upon depletion or expiration of your prepaid entitlements, recharging becomes necessary to continue using the Service. 

            5.3 Your prepaid entitlement for any limited allowance of calls and SMS is reduced by the duration of each outbound call you make (rounded up to the nearest minute) and SMS you send to selected countries that have included international call minutes and SMS; 

            5.4 There is no reduction to your prepaid entitlement when you send SMS or make calls using a plan that has unlimited calls and SMS. 

            5.5 Your prepaid entitlement to send/receive data is reduced by the amount of data you send/receive, with each data transmission being rounded up to the nearest kilobyte. 

            5.6 All usage of the Service via your SIM card is charged to your account whether or not you authorise it. 

            5.7 Our wholesale service provider does not guarantee refunds or credits in the case of Service disruption or unavailability for any period. To facilitate our ability to provide competitive prices, we reframe from committing to refunds or credits in such situations, unless mandated by the ACL for refunds or credit. 

             

            6. Cancellations and Refunds

            6.1 You can cancel your Service within your online Spacetalk Mobile account. 

            If you cancel your Service after we have started providing that service to you, we won’t refund any fees you already paid to us, including any upfront fees. We are unable to refund any unused prepaid mobile credits. 

            6.2 Change of Mind  

            (a) We do not offer refunds on Credit purchased incorrectly, due to change of mind or due to lack of coverage. Please ensure you check our coverage map and frequently asked questions to ensure our product is right for you. 

            (b) We do not provide a refund if the device in which you are using your SIM card is faulty or returned. 

             

            7. Transferring and Forfeiting Credits

            7.1 Unused prepayments (‘Credits’) cannot be redeemed as cash, refunded or credited. 

            7.2 Except where we expressly give you the option to apply all or part of your Credits to other mobile services or accounts you have with us, you may not do so. 

            7.3 We will transfer any existing Credits: 

            (a) If your SIM card is lost, stolen or damaged and you purchase a new SIM card for use with the Service- as long as you purchase the replacement SIM card and request Credit transfer within 10 days; or 

            (b) Where your phone number is changed in accordance with Numbering Regulations. 

            7.4 If we cancel the service for convenience, we will: 

            (a) Refund any credits, not including any special offer Credits that may have been applied; or 

            (b) With your consent, apply those Credits for use on another service you have with us. 

            7.5 If the service is cancelled for any other reason than for convenience, any Credits are cancelled. 

               

              8. Minimum Credit 

              8.1 If your SIM card is active but your Credit balance is zero: 

                (a) You can receive calls and SMS; 
                (b) You can make calls that are designated as free (e.g. to emergency services)- but you cannot otherwise use the Service. 

                8.2 You must ensure sufficient Credits on your account to make outgoing calls, send SMS or MMS, or to use other Spacetalk Mobile Services. 

                8.3 You cannot make a call or send an SMS or MMS if the Credits in your account are less than the cost of the calls, SMS or MSM, except to emergency services. 

                8.4 You cannot use data unless you have data Credits under any Plan.] 

                8.5 We may terminate a call or data session without notice if your Credits run out during the call or data session. 

                8.6 If your Credits are running low, we may send a low balance alerts, but are not obliged to. 

                8.7 Your service will be disconnected if your Service remains at zero Credit balance for six (6) continuous months. 

                 

                9. Credit Expiry 

                9.1 Mobile Plans 

                  Mobile Plans expire at 11:59pm AEDT/AEST, 30 days after recharge (unless otherwise specified) and remaining Credits and inclusions are then cancelled (except for Banked Data). 

                  9.2 Wearable Plans 

                    30 Day Expiry Wearable Plans expire at 11:59pm AEDT/AEST, 30 days after recharge (unless otherwise specified) and remaining Credits and inclusions are then cancelled. 

                    180 Day Expiry Wearable Plans expire at 11:59pm AEDT/AEST, 180 days after recharge (unless otherwise specified) and remaining Credits and inclusions are then cancelled. 

                    365 Day Expiry Wearable Plans expire at 11:59pm AEDT/AEST, 365 days after recharge (unless otherwise specified) and remaining Credits and inclusions are then cancelled. 

                    9.3 Data Top Ups 

                    A Data Top Up is valid for a maximum of 30 days but expires when the Mobile or Wearable Plan it was added to expires. For example, if you buy a Data Top Up on the 30th day of a Mobile Plan, the Data Top Up expires after 10 days, at the same time as the Mobile Plan. Expiry is at 11:59pm AEDT/AEST. 

                     

                    10. Recharges 

                    10.1 You may recharge your Service: 

                      (a) By purchasing a recharge value at www.spacetalk.co; or 
                      (b) By calling our customer support team. 

                      10.2 We offer automatic recharge of all services by default. Auto-recharge will commence when your plan expires at 11:59pm AEDT/AEST and will take between two and six hours to complete. 

                      10.3 Subject to the Consumer Guarantees, we are not liable to you for any delay or failure of a recharge (including an automatic recharge). It is your responsibility to check that each recharge has been successfully processed. 

                      10.4 We may SMS or email you to confirm that a Recharge has been successfully processed, but we are not obliged to. 

                      10.5 You will be able to access your recharge and usage history for the current calendar month online by logging into the Spacetal;k Mobile portal from www.spacetalk.co. 

                       

                      11. Data Banking 

                       11.1 Data banking only applies to: 

                      (a) Eligible Mobile Plans (see Critical Information Summary to confirm eligibility); and 
                      (b) Eligible data. 

                      11.2 Eligible Data for a Mobile Plan means all unused data (if any) that is part of the standard data allowance of an eligible Mobile Plan and all accumulated banked data (if any). 

                      11.3 Your Eligible Data will automatically bank for use at a later date, to a maximum 500G. 

                      11.4 You cannot rollover unused or unaccumulated data if you switch between Plan types. 

                       

                      12. Phone Numbers 

                      12.1 If you do not already have a phone number for your mobile phone for use with the Service, we will issue you a phone number. 

                      12.2 All phone numbers are selected, issues and used by us in accordance with the Australian Communication and Media Authority’s Numbering Plan and Telecommunications Number Plan Number Declarations (Numbering Regulations). 

                      12.3 We may be required to vary, withdraw, suspend or re-assign a phone number we have allocated you in order for us to comply with the Numbering Regulations. We will give you as much notice as is reasonably practicable if we have to do this. 

                      12.4 If you need a new phone number because you have received calls of a harassing nature and you reported the matter to the relevant law enforcement agency, we will supply you with a new number. 

                      12.5 You do not own the phone number and your right to use the phone number ends if you no longer obtain the Service unless you transfer (‘port’) the phone number. 

                      12.6 If you stop obtaining the service and do not port the phone number, we may issue the phone number to another customer in accordance with the Numbering Regulations. 

                      12.7 Our liability to you in respect of phone numbers 

                      We are not liable to your for any expense or loss incurred by you or related to your use of the Service due to: 

                      (a) Any variation, withdrawal, suspension or re-assignment of the phone number under clause 12.3 above; or 
                      (b) You ceasing to have the right to use the phone number under clause 12.5 above. 

                       

                      13. Mobile Number Portability 

                      13.1 You may be able to port a phone number you have obtained from another carrier or carriage service provider when you connect to the Service. 

                      13.2 If you have submitted a port request online, we will use all reasonable efforts to port your phone number as soon as possible, but we have no liability to you for any delays in porting. 

                      13.3. We will not charge you a fee for porting a phone number from another carriage or carriage provider. 

                      13.4 You must cancel the service you have with the other carriage or carriage service provider before you port the phone number. We will inform the carrier or carriage service provider from which you have ported the phone number that you have ported the phone number and they will cancel the service. 

                      13.5 You may need a new mobile phone or you may need to have your mobile phone unlocked if you are porting between different mobile phone networks or types of mobile networks. 

                      13.6 You can port a phone number you have obtained from us for use with the Service o another carrier or carriage service provider. 

                      13.7 You must not cancel the Service before you port the phone number. The carrier or carriage service provider to which you have ported the phone number will inform us that you have ported the phone number and we will then cancel the service. 

                      13.8 You can only port the phone number, you cannot port any Credits or value added services (e.g. voicemail). 

                      13.9 You may only port a phone number for which you are the authorised customer. 

                       

                      14. Lost or Stolen Mobile Phone or SIM Cards 

                      14.1 If your activated Spacetalk Mobile SIM card is lost or solen: 

                      (a) We are not responsible for it. 
                      (b) You must notify us as soon as possible. 
                      (c) Within a reasonable time we will bar outgoing calls and/or suspend the Service. 
                      (d) If we become aware of the loss or theft, and you have not notified us, we may cancel the Service but we are not obliged to. 
                      (e) We may charge a fee for a replacement SIM card. 

                       

                      15. Rights of Suspension and Cancellation 

                      15.1 Without limiting other rights, we may have to suspend or cancel your Service, we may do so without prior notice if: 

                      (a) You breach clause 4 above; 

                      (b) You breach any other clause of your Contract, and the breach is likely to cause serious or permanent harm to any person (including us or our supplier); 

                      (c) You intimidate, abuse, insult, harass or threaten any staff member, or those of our partners or suppliers by any means. 

                      (d) You make numerous frivolous complaints. 

                      (e) You attempt, threaten or cause harm to any staff member, or those of our partners or suppliers, or our equipment or network infrastructure or that of our supplier by any means; 

                      (f) You breach any other clause of your Contract and do not cure the breach within 5 days of our request that you do so; 

                      (g) We reasonably believe that your account may have been used in connection with fraud or other unlawful conduct; 

                      (h) We suspect that you or a person using Spacetalk Mobile is misusing the service or is not authorised to use the Service; 

                      (i) In our opinion, there is unusual activity on your Service and/or activity that does not appear to be commensurate with personal use; 

                      (j) We reasonably believe that, or  we are informed by law enforcement authorities that they believe, the identification evidence provided by you in connection with the Service is incorrect, false or inadequate or that a request to activate or terminate a service has not been authorised by you; 

                      (k) You transfer your SIM card to another party without obtaining our consent, or do not provide sufficient details of the identity of the other party; or 

                      (l) You engage in fraudulent Recharge behaviour. 

                       

                      16. Consumer Guarantees 

                      16.1 As per the Australian Consumer Law (‘ACL’), individuals defined as consumers under the ACL enjoy the benefit of certain Consumer Guarantees: 
                        (a) That cannot be excluded or modified; and 
                        (b) Where the consumer’s rights in case of breach cannot be limited by your Contract or can only be limited to a certain extent. 
                        16.2 Your Contract never operates to exclude or modify the Consumer Guarantees (where they apply) or to limit your remedies for breach of them in a way that is not permitted by law. 

                           

                          17. Ownership of the SIM Card 

                          17.1 The ownership of the SIM card rests with us, and it remains our property at all times. 

                          17.2 If we provide you with a replacement SIM card or cease supplying the Service, we may request the return of the SIM card. Failure to return the SIM card upon our request may result in a replacement fee. 

                          17.3 Interference with or disruption of the SIM card’s operation is strictly prohibited. 

                          17.4 It is imperative to maintain the security of the SIM card and utilize it solely for accessing the Spacetalk Mobile Service. 

                           

                          18. Third Party Services 

                          18.1 You acknowledge that: 

                          (a) The Service relies for its operation on the services of suppliers who are not controlled by us, and 
                          (b) We do not exercise any control over, authorize or (subject to the consumer Guarantees) make any warranty regarding: 
                          (i) Your right or ability to use, access or transmit any content using the Service; 
                          (ii) The accuracy or completeness of any content which you may use, access or transmit using the Service; 
                          (iii) The consequences of you using, accessing or transmitting any content using the Service, including without limitation any virus or harmful software; or 
                          (iv) Any charges which a third party may impose on you in connection with your use of their services accessed with the Spacetalk Mobile Service. 

                           

                          19. Limitation of Liability 

                          19.1 Nothing in our Terms excludes or limits the rights or remedies that, by law, cannot be excluded. 

                          19.2 Subject to clause 16 above, we exclude all liability arising under or in connection with our Terms, Your Contract or the Spacetalk Mobile Service whether direct, indirect or consequential and whether arising under common law, statute or otherwise, and whether or not of a kind of which we are or should be on notice. 

                           

                          20. Governing Law 

                          Spacetalk Mobile and our Terms are governed by the laws of South Australia.