Website Terms of Use

The Felix Mobile website (felixmobile.com.au) is created and controlled by TPG Telecom Ltd (ABN 76 096 304 620) trading as Felix Mobile (felix) and its subsidiaries. By accessing and/or using this website you agree to these Terms of Use and you agree to be bound by the Felix Privacy Policy as amended from time to time. In these Terms of Use, ‘us’, ‘we’, and ‘our’ means felix.

We may, from time to time and without notice, change or add to the website (including these Terms of Use) or the information, products or services described in it. By continuing to use this website after updated Terms of Use have been published, you accept the updated Terms of Use.

1. Trade marks and copyright

This site contains registered trade marks and trade marks which are the subject of pending applications or which otherwise are protected at law. Unless otherwise indicated, the trade marks are owned by felix and may have protection under the laws of other countries. You are not permitted to use felix’s trade marks except (a) by saving or printing a copy of felix’s sites as permitted below under the copyright permission; (b) through a legitimate reference to felix or a felix product or service with proper recognition of the trade mark's status; or (c) with felix’s prior written consent.

The material on this site is the copyright of felix and is protected by copyright under the laws of Australia and other countries. You may (a) save an electronic copy, or print out a copy, of any part of this site for your own information and research; or (b) reproduce and communicate to the public any part of this site in connection with non-commercial use of social media websites, provided that in each case you do not modify the reproduction and you include the copyright notice " © 2020 TPG Telecom Ltd." on or in close proximity to the reproduction. You may link to this site from other websites provided that you must permanently remove any such link if requested to do so by felix in its absolute discretion. You must not otherwise reproduce, publish, perform in public, communicate to the public or make an adaptation of the content of the website, including audio and video excerpts, except as expressly permitted by statute or with felix’s prior written consent.

2. Registration

You may need to be a registered customer of Felix Mobile to access certain features of our website. When you register and activate your account, you will provide us with personal information such as your name, email address, identification details and payment details. You must ensure that this information is accurate and current.

3. Security of your account details

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. felix is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. felix requests that you promptly report to it any unauthorised use of your password.

4. Privacy

felix is committed to protecting your personal information.
Where you are a felix customer, then your contract with felix specifies that our Privacy Policy will govern how we collect, use and disclose the personal information which we collect about you. Please click here to see our Privacy Policy.

Unless while using our website you login to your account or provide us your information through our online chat, the information we collect about website users does not include information which identifies you personally.

If you provide us your email address while using our website, then we will only send your marketing information where you agree to receive such communications.

5. Content disclaimer

You agree that in relation to the content displayed on this site (Content), felix does not, nor does any other party who provides Content to this site, make any warranty as to the accuracy, completeness or currency of the Content. As a user of this site, you should make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content.

To the extent permitted by law, felix and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission. To the extent that felix is prohibited at law from excluding its liability, felix and each party providing Content limits its liability to the extent permitted by law, to the resupply of the Content. felix does not accept responsibility for any liability in respect of access to other content through the use of this site.

6. Third party sites

This site contains links to third party sites. felix is not responsible for the condition or the content of those sites. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. felix does not represent that the content or services available from third party sites are appropriate or available for use in all parts of Australia. If you access other content or services from third party sites, felix is not responsible for your compliance with local laws or other applicable laws.

7. Applicable law

The site (excluding any linked third party sites) is controlled by felix. By accessing this site, you accept that any disputes about this site or the Content are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (subject to the application of any principle of conflict of laws inconsistent with this requirement).

This site may be accessed throughout Australia and overseas. felix makes no representation that the Content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

8. Security of communications

You acknowledge that the website is an internet-based service and although felix will endeavour to maintain the security of information supplied through the website, it cannot guarantee that information you receive or supply in your use of the website will be secure at all times.

Any information that you disclose on this site:
1) May be used by felix, its agents and contractors in relation to the provision of Services accessible on this Site, including the marketing of those services.
2) May not be secure during its transmission over the internet. Third parties may be able to intercept transmissions which make when using this site.

Some services which you may access on this site allow you to receive content personal to you. If you use such a service, information permitting us to identify your handset call number will be transmitted over the internet. This will occur even if you have disabled the "Caller Number Display" on your handset.

9. No commercial use

This website is for your personal, non-commercial use only. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

10. Unacceptable activity

In your use of the website, you must not, and you must not enable another person to, do any act that we deem to be inappropriate, is unlawful, including but not limited to:

• Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of others;

• Uploading files that contain viruses that may cause damage to our systems, or the systems of other individuals; or

• Posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. If we allow you to post any information on our website, we have the right to take down this information at our reasonable discretion without notice to you.

11. Felix Mobile online chat terms and conditions of use

1. These terms and conditions apply to your use of Felix Mobiles’ Online Chat service (Online Chat). Information provided on this service via the Online Chat portal forms part of these terms. If you are under 18 years of age, you should obtain the consent of a parent or legal guardian prior to using Online Chat.

2. felix will retain written records of Online Chat sessions for a period of 7 years.

3. felix does not agree to you disclosing a written record of the Online Chat session without felix’s prior written consent.

4. Online Chat is available from 8am to 8pm Monday-Friday, 9am to 6pm weekends/holidays Sydney time. felix gives no warranty that Online Chat will always be available or that the service will be fault free. If Online Chat is not available, for any reason, you will be directed to another felix contact.

5. Online Chat agents (Agents) use reasonable care and skill to deliver complete, accurate and current information. If the Agent cannot answer your question, the Agent will refer you to another felix contact.

6. Prices, rates and product specifications disclosed by Agents during a chat session may vary from time to time. Any variation is subject to Felix’s SFOA available at felixmobile.com.au. You should refer to the SFOA for terms applying to the supply of Felix's mobile telecommunications service and the use of the service by you. felix does not make any warranty as to the completeness of the information provided by Agents.

7. You agree that you will not send Online Chat messages that are abusive, discriminatory, defamatory, obscene, pornographic or otherwise inappropriate. felix may at any time discontinue an Online Chat session if you breach these terms and conditions or if you misuse the service in any way.

8. To the extent permitted by law, felix and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) in connection with the availability (or non-availability) of the Online Chat, whether or not this is caused by a negligent act or omission.

9. felix may amend or update these terms from time to time without notice to you. Such additional terms and conditions will be published on our website. You agree to comply with updated terms by using Online Chat after our terms have been updated.

10. Where you are a customer of Felix then the SFOA specifies that our Privacy Policy will govern how we collect, use and disclose the personal information which we collect about you. Please see our Privacy Policy.

11. Where you are not a customer of felix but you are a user of the Online Chat Service we may in the course of your use of the site still collect personal information about you. In that case you agree that we may collect, use and disclose that personal information in accordance with our Privacy Policy, but we will only use the email address information which you provide to us during your use of the site to send marketing information to you where you have agreed to receive such communications.