Terms and Conditions — Talkpod RapidPTT LiTE (N56A) Devices and Dual‑Network SIMs
Definitions
– Agreement”: these Terms + the sales order
– “Provider”, “we”, “us”, “our”: Talkpod Australia (or supplier named in sales order)
– “Customer”, “you”, “your”: purchaser of Products
– “Products”: Talkpod RapidPTT LiTE radios (N56A), Provider supplied SIMs, included accessories
– “SIM”: Provider supplied data only SIM provisioned for Telstra & Optus LTE access
– “Service”: access to RapidPTT LiTE channel, provisioning, support and SIM connectivity
– Enterprise”: enterprise version of RapidPTT providing multiple channels, Rapid Command feature set (including Rapid Command for PC, geo-fencing
– “Activation/Registration Date”: date recorded when device is registered on Talkpod Australia registration page
– “Calendar month”: first to last day of a calendar month in Provider’s time zone
– “RapidPTT LiTE”: the LITE version of the RapidPTT service comprising one Included Channel and access for up to ten (10) radios per Account, without an Enterprise subscription
– “Rapid Command LiTE”: the limited version of Rapid Command included with RapidPTT LiTE, which provides GPS location tracking only and does not include the full Rapid Command feature set (such as Rapid Command for PC, geo-fencing or one-to-one calls), which require Enterprise.
– “Channel”: a private push-to-talk group channel on the RapidPTT service
– “Included Channel”: the single private Channel provided with RapidPTT LiTE at no additional channel charge for the life of the radio, subject to these Terms
– “Account”: the registration account under which Products are registered on the Talkpod Australia registration page, permitting activation of up to ten (10) radios on the Included Channel
– “Consumer Guarantees”: the consumer guarantees and other non excludable rights conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth))
Parties and Scope
– Terms govern sale/supply of Products by Provider to Customer and provision of associated Services as per sales order
– The sale of Products at retail is made subject to these Terms. Before completing device registration, the Customer must review these Terms and indicate acceptance by ticking the acceptance box on the Provider’s registration page. Provider will retain a time stamped record of the Customer’s acceptance. By ticking the acceptance box and/or by registering a device, the Customer agrees to be bound by these Terms.
Purchase Options and Package Contents
– Purchase options: single unit, twin pack, bulk packages per sales order
– Each N56A includes one SIM unless otherwise stated
– Included accessories listed in sales order
Pricing, GST and Payment
– Prices exclusive of GST unless stated; applicable taxes payable in addition
– Payment terms, billing cycles, methods, late payment interest/fees set out in sales order
– Provider may suspend delivery/provisioning for overdue accounts
– Activation, renewal and migration fees non refundable unless stated
Delivery and Acceptance
– Delivery dates are estimates; risk passes to Customer on delivery
– Customer must inspect goods and notify Provider of defects/damage/shortages within 7 days, otherwise goods deemed accepted
Device Registration, Provisioning and Activation
– SIM Service, Use and Responsibility
– SIMs provisioned for dual network LTE access (Telstra & Optus); actual coverage subject to network availability and local conditions
– Wi-Fi and satellite connectivity: any references to Wi-Fi or satellite-router capability describe device readiness only. The use of Wi-Fi or satellite connectivity requires compatible customer-supplied equipment and third-party network or router services. The Provider does not supply, control or warrant such equipment or services, and actual availability and performance are subject to those third-party services and local conditions.
– SIM activation/service periods commence on the Activation/Registration Date and are measured per calendar month. For single and twin packs, the first twelve (12) months of SIM data connectivity is included in the purchase price. The initial SIM service period is twelve (12) months from the Activation/Registration Date.
– Renewal: Approximately one (1) month before expiry of the initial twelve (12) month SIM service period, Provider will email the registered user at the address recorded on the Account to offer renewal. To maintain SIM connectivity beyond twelve (12) months, the Customer must either renew the SIM at the Provider’s then current renewal fee, or supply and provision the Customer’s own compatible SIM. If the Customer does not renew or supply a replacement SIM before expiry, the Provider supplied SIM may be deactivated. Deactivation of the SIM does not affect the Customer’s continued access to the Included Channel via a compatible SIM or Wi-Fi, subject to these Terms.
– Customer liable for all activity and charges on registered SIMs (data, messages, calls, roaming, third party charges)
– Data allowance: 600 MB per SIM per calendar month; N56A expected to typically use <300 MB per calendar month
– Usage cap: Customer must not use >600 MB per SIM per calendar month unless Provider agrees in writing
– Over use: SIMs recording >600 MB in a calendar month deemed associated with unauthorised device/use case; Provider may monitor usage, notify Customer, suspend service, apply over use charges or void service
– Notice & cure: where practicable Provider will give written notice and 48 hour cure period prior to permanent suspension/voiding, except where immediate action needed for security, fraud, unlawful use or network operator requirements
– Measurement: Provider’s monitoring systems measure usage; Provider records are prima facie evidence
– Prohibited uses: unlawful activity, fraud, bulk messaging, unauthorised tethering, or other prohibited purposes; Provider may monitor and act to protect networks and compliance
Misuse, Suspension and Termination of SIM Service
– Provider may suspend or terminate SIM service immediately where Provider reasonably believes there is misuse, fraud, security risk, unlawful activity or a material breach, or where required by a network operator or by law. Where practicable and where it does not increase the risk, the Provider will give the Customer prior notice and an opportunity to remedy the issue, and will limit any suspension to what is reasonably necessary. The Provider will restore the service promptly once the relevant grounds no longer apply.
– Suspension/termination does not relieve Customer of liability for charges incurred prior
– Replacement/re provisioning at Provider’s discretion and may incur fees; Provider may require proof of ownership/identity before re provisioning
Renewal, Replacement and Migration Fees
– SIM renewals, replacements, reactivations or provisioning changes subject to Provider’s current fees (e.g., 12‑month renewal fee currently $97.50)
– Migration from RapidPTT LiTE to Enterprise may incur setup/migration fees and Enterprise monthly charges; lead times provided by Provider
Access to Talkpod Australia RapidPTT Servers and Enterprise Options
– RapidPTT LiTE server access provided free for life of radio for devices on RapidPTT LiTE channel
– Enterprise available for multi channel and Enterprise features (including Rapid Command)
– Rapid Command charge: $22.00 per device per calendar month (ex GST) or Provider’s then current rate; other Enterprise features may incur fees
– For clarity, RapidPTT LiTE includes Rapid Command LiTE, which provides GPS location tracking only. References to the Products or RapidPTT LiTE being “Rapid Command-ready” mean that the device is also technically capable of supporting the full Rapid Command feature set. The full Rapid Command feature set (including Rapid Command for PC, geo-fencing and one-to-one calls) is not included with RapidPTT LiTE; its use requires migration to and an active subscription for Enterprise and payment of the applicable Rapid Command and Enterprise fees.
– Radios on Enterprise may access RapidPTT LiTE; RapidPTT LiTE devices cannot access Enterprise only channels/features unless migrated to Enterprise (migration = re provisioning + Enterprise fees per device)
– Provider will publish current pricing, setup and migration instructions; prices may change with notice
Warranty and Disclaimers
– Device warranty: The N56A carries a manufacturer’s warranty against defects in materials/workmanship for 24 months from delivery, subject to proper use/maintenance and these Terms. This manufacturer’s warranty is in addition to, and does not limit or replace, the Customer’s Consumer Guarantees.
– Accessories: manufacturer’s warranty for 12 months from delivery; accessory claims subject to manufacturer’s terms
– Exclusions: loss, theft, cosmetic damage, consumables, misuse, unauthorised repair/modification, improper installation, water ingress (where not rated), third party network/product issues not covered
– Remedies: Provider may repair, replace (may be refurbished) or refund item price for valid warranty claims
– Disclaimer: to extent permitted by law, all other warranties, representations or conditions excluded; nothing excludes non excludable rights under Australian Consumer Law
– Australian Consumer Law notice: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Support and Maintenance
– Provider to provide support/provisioning assistance per sales order or support plan; additional services (on site, advanced replacement, emergency response) may incur fees
– Service levels, response times and charges set out in sales order or support agreement
– Liability and Indemnity
– Limitation of liability: Nothing in these Terms excludes, restricts or modifies the Consumer Guarantees or any other rights that cannot lawfully be excluded. Where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by law, the Provider’s liability for breach of a Consumer Guarantee (other than a guarantee as to title, undisturbed possession or undisclosed securities) is limited, at the Provider’s option, to: (a) in the case of goods, the repair or replacement of the goods, the supply of equivalent goods, or payment of the cost of doing so; and (b) in the case of services, the resupply of the services or payment of the cost of resupply. Subject to the foregoing, and to the maximum extent permitted by law, Provider’s total aggregate liability arising out of or in connection with these Terms is limited to amount paid by Customer for the specific Products/Services giving rise to the claim.
– Exclusion of consequential loss: Provider not liable for indirect, special, incidental, consequential or punitive damages (including loss of profit, revenue, business or data) except where non excludable by law
– Indemnity: Customer indemnifies Provider against losses, liabilities, claims, demands, damages, costs and expenses (including reasonable legal costs) to the extent directly caused by the Customer’s breach of these Terms, misuse of SIMs, unlawful activity or acts or /omissions of Customer or its users.; The Customer’s liability under this indemnity is reduced proportionately to the extent that the loss was caused or contributed to by the Provider or those for whom the Provider is responsible. The Provider must give the Customer prompt notice of any claim, may assume conduct of the defence, and the Customer must provide reasonable cooperation; neither party may settle a claim in a manner that imposes an obligation or admission on the other without that party’s consent (not to be unreasonably withheld). Nothing in this indemnity requires the Customer to indemnify the Provider for any liability that cannot lawfully be excluded, including under the Australian Consumer Law.
Privacy and Data Protection
– Provider collects/uses personal info to register devices, provision SIMs, bill and provide support; handled per Provider privacy policy and the Privacy Act 1988 (Cth)
– Customer consents to sharing registration/provisioning info with network operators, service providers and law enforcement where required
– Provider implements reasonable technical/organisational measures to protect personal/usage data; retention per privacy policy and legal requirements; access requests to privacy officer
Dispute Resolution
– Parties must attempt good faith negotiation within 30 days of dispute
– If unresolved, parties agree to attempt mediation (mediator/rules to be agreed) before court proceedings, without prejudice to either party’s right to seek urgent interlocutory relief
Termination and Effects of Termination
– Either party may terminate for material breach not remedied within 30 days’ written notice; the Provider may suspend Services immediately for non payment (where an invoice remains overdue after written notice) or where it reasonably suspects fraud, limiting any suspension to what is reasonably necessary and restoring Services promptly once the grounds no longer apply.
– On termination the Customer liable for charges incurred up to termination; the Provider may disable SIMs and terminate Services.
– Provider may delete/archive Customer data per retention policy after reasonable notice
Force Majeure
– Neither party liable for delay/failure due to events beyond reasonable control; affected party to notify and use reasonable efforts to resume performance
– If force majeure continues >90 days, either party may terminate on written notice
– Assignment and Subcontracting
– Customer may not assign/novate without Provider’s prior written consent
– Provider may assign, novate or subcontract (including to network operators/cloud providers) and remains responsible for subcontracted acts as required by law
Assignment and Subcontracting
- Customer may not assign/novate without Provider’s prior written consent
- Provider may assign, novate or subcontract (including to network operators/cloud providers) and remains responsible for subcontracted acts as required by law
Amendment and Notices
– Provider may amend these Terms by giving at least 30 days’ written notice; amendments will not affect fees for active billing periods. If an amendment would have a material adverse effect on the Customer, the Customer may reject the amendment and terminate the affected Services, without penalty, by written notice before the amendment takes effect, in which case the Customer is entitled to a pro-rata refund of any prepaid fees for the unused period. Continued use of the Services after the amendment takes effect constitutes acceptance of the amended Terms.
– Notices in writing to contact details in sales order or Provider’s published contacts
Severability and Waiver
– Invalid/unenforceable provisions severed; remainder continue in force
– Failure to exercise a right is not a waiver of that right
Governing Law and Jurisdiction
- These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia.
- Parties submit to the non exclusive jurisdiction of the courts of Victoria
Entire Agreement
– These Terms and the sales order constitute the entire agreement and supersede prior agreements
Acknowledgement
– By accepting delivery and/or registering devices Customer acknowledges and agrees to these Terms, including Activation/Registration Date as SIM activation date; 24‑month warranty for N56A; 12‑month manufacturer warranty for accessories; RapidPTT LiTE access free for life of radio subject to Terms; Enterprise features/migrations/fees apply
Contact and Notices
Talkpod Australia
Email: sales@talkpodaustralia.com.au
Phone: 03 9899 4848
Address: 2 11 Clarice Road Box Hill South, Vic 3128.
Phone:
Email Enquiries: