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11.18Unless you have an existing agreement with us to purchase a BIS Month to Month Plan entered into before 26 March 2013, on and from 26 March 2013, BIS Month to Month Plans are only available with a bring your own compatible BlackBerry handset.

11.19If you have an existing agreement with us to purchase a BIS Month to Month Plan entered into before 26 March 2013, on and from 1 July 2013the BIS Month to Month Plan are only available with a bring your own compatible BlackBerry handset.

Additional BlackBerry terms

11.20The following terms also apply to your use of the Handset and BlackBerry Web Client to send or receive e-mail:

(a)if applicable to your Handset, Research in Motion Limited’s (“RIM”) standard terms and conditions associated with RIM handsets; and

(b)the terms of RIM’s standard BlackBerry Web Client and BIS software licence as advised to you by RIM.

11.21Parts of the BIS service use the internet and an overseas mobile network that we do not own (but which is operated by RIM).

Using your Handset overseas

11.22You could breach the laws of another country (in particular the United States or Canada) if you use, send or take a Handset outside of Australia. This is partly due to laws regulating the importation, exportation and use of encryption software contained within a Handset.

11.23You may only use the Handset in, or send or take it to, other countries approved by us for your network. We will provide a list of approved countries for Handsets on the telstra.com website. We may update this list from time to time.

Password protection

11.24Each Handset has a password protection function. You must make sure that this function is always activated on your Handset, regardless of who is using the Handset.

BlackBerry App World Carrier Billing

11.25As part of providing the BIS service to you, we may offer eligible customers the ability to pay for applications purchased through BlackBerry App World on your Telstra bill (“Carrier Billing Service”).

11.26We will decide whether or not to give you access to our Carrier Billing Service. We will tell you if you are not eligible for our Carrier Billing Service. If you are not eligible for our Carrier Billing Service, you may be able to purchase applications through BlackBerry App World using other payment methods.

11.27You will need compatible software on your Handset in order to be able to access BlackBerry App World and to use our Carrier Billing Services. You acknowledge and agree that this software:

(a)may be factory installed or virtually pre-loaded on all new Handsets purchased by you;

(b)may be pushed by us for an over-the-air installation or virtual pre-loading on all existing Handsets previously purchased by you; or

(c)may otherwise be made available for download and installation by you.

11.28When you purchase an application through BlackBerry App World, the price of the application will be set by either the merchant of record for that application in BlackBerry App World or the developer of that application. We are not responsible for setting the price of any applications.

11.29We will pay the merchant of record on your behalf and charge you the price for the application after it has been provided to you. There may be some cases where the charges are debited from your account before the application is delivered to your Handset.

11.30We will take reasonable steps to make our Carrier Billing Services available to you at all times, but we cannot guarantee that we will provide our Carrier Billing Services to you in a timely, continuous or fault-free manner.

11.31You must let us know of any errors or disputed charges billed to you using our Carrier Billing Service. We may, but are not obliged to, agree not to recover such charges from you. If we do, we may adjust the debits and credits relating to those charges on your Telstra account. If the charges relate to the purchase of any applications by you, you agree that where we refund the application charges to you that you may be no longer able to access those applications on your Handset.

11.32We are not responsible for any applications bought by you from BlackBerry App World using our Carrier Billing Service. We do not promise the accuracy, suitability or quality, of such applications from third party providers.

11.33Your use of any applications purchased using our Carrier Billing Service is covered by any terms imposed and communicated to you by the merchant of record for that application in BlackBerry App World or the developer of that application.

11.34We will take reasonable steps to deliver applications bought by you from BlackBerry App World using our Carrier Billing Service. However, we cannot promise that we will deliver applications in a timely, continuous or fault-free manner.

11.35We may use and disclose personal information about you in accordance with our “Protecting Your Privacy” statement, including for any purposes necessary to provide you with our Carrier Billing Services. A copy of this statement can be obtained at http://www.telstra.com.au/privacy/index.htm.

11.36When you use our Carrier Billing Services, your personal information will be disclosed to us (including our employees, contractors and agents) and to the merchant of record for BlackBerry App World to provide you with applications purchased through BlackBerry App World.

11.37If you have any complaints about any applications, you must contact the merchant of record for that application in BlackBerry App World or the developer of that application. This is in addition to any rights you may have against us under any applicable law.

11.38You can contact us if you have any complaints or enquiries about the charges for any applications purchased by you using our Carrier Billing Service.

11.39Any refunds of amounts paid by you to purchase applications using our Carrier Billing Service must be agreed between us and the merchant of record for that application in BlackBerry App World. Where we refund the purchase price of the application to you or provide you with a credit for this amount, we will take reasonable steps to process the refund or credit promptly but we cannot guarantee that we will do so in a timely manner. You agree that where we refund the purchase price of any application to you, your access to that application will be disabled within a reasonable time.