We can make any type of change to these Terms if we reasonably consider the change is likely to:
We can make any type of change to these Terms by notifying you:
In considering whether a change is likely to have a minor detrimental impact or more than a minor detrimental impact on you, we will take into account, amongst other matters, whether you have used, or have been billed for, the affected service in the last 6 months.
We can notify you about changes to these Terms under this clause 2 by any reasonable method in the circumstances, including email, SMS/MMS, online account management tools, bill message, direct mail, or telephone.
In order to access or use the Data Service, you are required to purchase:
To enable the Data Service on your Zeller Terminal, you need to insert a Zeller SIM Card in the terminal. You cannot access or use the Data Service with any other device or equipment.
You must only access and use the Data Service from a Zeller Terminal within Australia in accordance with the operational and technical instructions (including those set out in our manuals or procedures documents) that we may make available to you from time to time (Instructions). To be clear, the Data Service cannot be used for other calls or services, including SMS, MMS, content subscription services, voice or video calls, voicemail, or international roaming.
As part of the Zeller Data Plan, you must pay all charges, including service activation, usage, and any other fees and charges, as set out in the Zeller Data Pricing Plan in order to access and use the Data Service.
Unless otherwise indicated, the fees and charges set out in the Zeller Data Pricing Plan for the Data Service include any amount on account of tax, including GST (if any).
You can cancel the Data Service and terminate these Terms at any time:
If you cancel the Data Service and terminate these Terms under clauses 5.1(b) to 5.1(d), we will refund to you any unused portion of the charges that you have paid for the Data Service. However, we can deduct from your refund any amounts that you owe to us, such as charges you incurred before the cancellation.
We can cancel the Data Service and terminate these Terms:
For the purposes of clause 6.1(b), you will breach a material Term if you:
We may cancel the Data Service and terminate these Terms, or suspend the Data Service, at any time by giving you as much notice as we reasonably can if:
If we cancel the Data Service and terminate these Terms under this clause 6, we will refund to you any unused portion of the charges that you have paid for the Data Service. However, we can deduct from your refund any amounts that you owe to us, such as charges you incurred before the cancellation.
We are required to comply with the law, including:
Nothing in these Terms removes or limits any rights that you have under existing laws or regulations.
Subject to clauses 9.1 and 9.2, to the maximum extent permitted by law:
Our liability under these Terms is reduced to the extent that any loss or damage that you are claiming against us is caused by you (including your personnel).
You are liable to us for any breach of contract or negligence that causes loss or damage to us (but excluding indirect or consequential losses). Your liability under these Terms is reduced to the extent that any loss or damage that we are claiming against you is caused by us (including our personnel).
If any term (or part of a term) in these Terms is void or unenforceable, that term (or part) is taken to be removed from these Terms and not to form part of them. The remaining terms continue to have full effect.
In these Terms, the following capitalised terms have the following meanings:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth);
Consumer Guarantees has the meaning given to it in clause 9.2(a);
Data Service has the meaning given to it in clause 3.1(a);
Direct Debit Authority Terms means the terms under which you authorise us to arrange for funds to be debited from your account for services supplied by us, as amended from time to time and accessible at [placeholder];
GST means the tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth;
Fair Use Policy means our documented policies in relation to your use of the Data Service, as amended from time to time and accessible at [placeholder];
Force Majeure Event means any act, event or cause, other than a lack of funds, which:
Instructions has the meaning given to it in clause 3.3, as amended from time to time and accessible at www.myzeller.com/support;
Regulator means the Australian Communications and Media Authority, the Australian Competition and Consumer Commission or any other relevant government authority or statutory body with authority to enforce regulation.
Telecommunications Legislation means the Telecommunications Act 1997 (Cth), the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth), related provisions of the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law), and any relevant mandatory industry codes of practice, including the Telecommunications Consumer Protection Code C628:2019, each as amended or replaced from time to time;
Zeller Data Plan has the meaning given to it in clause 3.2(c);
Zeller Data Pricing Plan means the document detailing all charges and pricing for the Data Service, as amended from time to time according to these Terms and accessible at www.myzeller.com/sims;
Zeller SIM Card means a subscriber identity module supplied by us to you, which is to be used with a compatible Zeller Terminal to enable that terminal to access and use the Data Service; and
Zeller Terminal means an electronic terminal obtained by you from us for the processing of sales transactions or sales refund transactions from time to time.
Zeller Transaction Account means an account maintained by Zeller for you in relation to the Zeller Terminal, which is used by us to process sales transactions or sales refund transactions for you;
Zeller Portal means the dedicated online portal made available by us to you in relation to the Zeller Terminal to perform management functions, including viewing of relevant sales transactions or sales refund transactions information, and accessible at [placeholder].