O draft [NO.]: [Date] Marked to show changes from draft [No.]: [Date] ur Customer Terms Page of



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12.66You 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 device.

12.67We 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.

12.68Your 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.

12.69We 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.

12.70We 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.

12.71When 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.

12.72If 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.

12.73You can contact us if you have any complaints or enquiries about the charges for any applications purchased by you using our Carrier Billing Service.

12.74Any 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.

12.75You acknowledge and agree that we may cease to provide Carrier Billing Services if our agreements with Research In Motion Ltd or with any merchant of record for BlackBerry App World ends. We will try to provide you as much notice as possible before we cease providing Carrier Billing Services but cannot guarantee that we will be able to provide any prior notice of the cessation of such services.


General

12.76You must use your handset, our services and our networks in accordance with our Acceptable Use Policy available www.telstra.com. We may terminate your access to our networks if you use them to adversely impact the operation and/or other customers’ enjoyment of our network or if you breach a material term of these terms, in accordance with the General Terms of Our Customer Terms (to see these terms – home and family customers click here; business and government customers click here). We will tell you before this happens.

13The Navman Wireless GPS Fleet and Asset Management Solutions

13.1The Navman Wireless GPS Fleet and Asset Management Solutions (“Navman Wireless Solution”) uses the Telstra Mobile Network to provide near real-time vehicle and asset locations, mapping, reporting and mobile communication. There is also an option to use the Iridium satellite network when the vehicle or asset is outside of Telstra Mobile Network coverage areas. The functionality available to you via a Navman Wireless Solution depends on the options selected by you (as described in sections 13.2 and 13.3).


Availability

13.2To take up the Navman Wireless Solution, you will need:

(a)Navman Wireless hardware, including the:

(i)devices; and

(ii)accessories;

as set out in the table in section 13.5 (“Navman Wireless Hardware”);

(b)Navman Wireless OnlineAVL2 application(s):

(i)Online AVL2 application module (for Tracking or Mobile Communication); or

(ii)Online AVL2 application module (for Qtanium 100);

(iii)Fringe Benefit Tax (FBT) Intelligence application,

(each a “Navman Wireless Application”), and

(c)an eligible Telstra Machine to Machine (M2M) data and voice plan for each Navman Wireless Hardware device and Navman Wireless Application to access the Telstra Mobile Network.

13.3You may also take up a satellite communications unit to access the Iridium satellite network when your vehicle or asset is not within Telstra Mobile Network coverage areas (“Satellite Communications Unit”). As Telstra does not offer this service, you may wish to acquire this service from Navman Wireless Australia Pty Ltd or another third party provider.

13.4If you purchase separately a Satellite Communications Unit from Navman Wireless Australia Pty Ltd (“Navman Wireless”) or another third party provider, you’ll be billed directly by Navman Wireless or your other third party provider for data usage on your Satellite Communications Unit.

13.5For the purposes of clause 13.2 (a) above, Navman Wireless Hardware includes:

Hardware


Description

Qube

In-vehicle tracking device

Qtanium

Rugged tracking device

Qtanium 100

Asset tracking device

MDT-860

Mobile Data Terminal

M-Nav 800

Mobile Navigation Terminal

Satellite

Satellite Communications Unit

Lone worker pendant

Personal pendant with dash-mounted receiver/charger

Hummingbird

In-vehicle monitoring device

Data capture unit

Engine management system

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