Felix Mobile App Terms & Conditions

These terms and conditions apply to the Felix Mobile App, including your use of it.  The Felix Mobile App allows users to sign up for and manage Felix Mobile plans and access selected Felix Mobile information services on their iPhone, Android smartphone, other mobile device or computer (other than BlackBerrys).  ‘Felix Mobile App’ (or just ‘App’) means the Felix Mobile application together with any Felix Mobile services accessed through the Felix Mobile application, but excluding any third-party content.

The Felix Mobile App is operated by TPG Telecom Limited (ABN 76 096 304 620) trading as Felix Mobile (felix).

1. Acceptance of terms

When you download and use the Felix Mobile App, these terms form a contract between you and TPG Telecom Limited (ABN 76 096 304 620) trading as Felix Mobile.

2. Updates to these terms

We reserve the right to amend the terms from time to time. You should periodically read these terms.

3. What these terms cover?

These terms govern your use of the Felix Mobile App. Different terms govern felix mobile services, if you are a felix customer.  These terms include felix’s Standard Form of Agreement, and other terms that form part of the contract for your plan or other felix products (Agreement).

To the extent of any inconsistency between the terms of your Agreement and these Felix Mobile App terms, the terms of your Agreement prevail.

4. Accessing the App

To access the Felix Mobile App, you must have an operating system and phone or mobile device that is compatible with the Felix Mobile App.

The Felix Mobile App is compatible with most phones and mobile devices running Apple's iOS operating system version 11 and above or the Android operating system version 6 and above. Felix does not warrant that the Felix Mobile App will be compatible with or operate on any other operating systems, versions of operating systems, phones or other mobile devices.

If you are under the age of 18 years, you should obtain the consent of a parent or legal guardian prior to using the Felix Mobile App. Information about supervising and controlling children's access to internet content as well as general information about the Internet industry regulatory regime can be found at commsalliance.com.au/Activities/ispi.

5. Pricing

The Felix Mobile App is free to download.  As downloading and using the App uses data,
you may incur data charges (including roaming charges, if you are outside Australia).

6. Keeping your login information secure

To access your felix account using the App for the first time (after you’ve signed up to be a Felix Mobile customer), you’ll need to use your email address and password.  You can only have one active felix account associated with a particular email address.

You will be given the option to use your face, fingerprint or a PIN to login to the app in future. If you choose face or fingerprint, then please note that this functionality is provided by your mobile phone provider, not us, so we are not responsible or liable for your use of or any misuse of that functionality.  You must make sure that all information on which this functionality relies is connected to you only, not someone else.

You are responsible for maintaining the confidentiality of your password and account information (and PIN or other login mechanism, if applicable) and are fully responsible for all conduct carried out under your password, PIN or other login mechanism.

Felix Mobile is not liable for any breach of confidentiality, privacy or security or for any loss or damages if you fail to keep your password, PIN or other login mechanism secret and secure.

Please promptly report any unauthorised use of your password, PIN, login information or account by contacting through Live Chat on the Felix Mobile App or on the felixmobile.com.au website.

7. Your use of the App

Most functionality of the App is for new or existing felix customers who have an account and password. If you don’t sign up to be a felix customer, the functionality available to you on the App will be limited.

You must make sure that all the information you give us via the App is accurate, not misleading, and does not infringe the rights of any other person.  If you provide us information about another person, you must make sure that you are allowed to provide that information to us.

You must comply with all laws applicable to your use of the Felix Mobile App.

You must not use the Felix Mobile App or any service provided through the App in a manner that is illegal, fraudulent or anti-social, as deemed by felix. You agree that you will not send messages that are abusive, discriminatory, defamatory, obscene, pornographic or generally in
"bad taste".

You must not reproduce, duplicate, copy, sell or resell any portion of the App.  You must not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.  You must not attempt to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.

There are some other terms and conditions that will apply to your use of the App, such as the wallet terms and the online chat terms, which are available at felixmobile.com.au/terms-policies.  You must comply with those terms.

8. Making payments through the App

Through the App, you may purchase felix products and services.  Those purchases are subject to the terms of your Agreement.

If you provide your nominated payment details to make a purchase via the App, you agree that your payment details will be stored by felix so that you can make future purchases easily.

Payments made by you through the App are subject to the direct debit services agreement available at felixmobile.com.au/terms-policies/direct-debit-agreement

Your use of the App may be affected by separate terms imposed on you by third parties, such as your card issuer. We are not responsible for any loss you suffer in relation to any failure or refusal of your card issuer to enable transactions, or any error, defect or unavailability
of the services provided by the payment processing provider or any other third-party service provider, which is beyond our reasonable control.

9. Security of communications via the App

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

Information that you access or disclose through the Felix Mobile App: (a) may be used by felix, its agents and contractors in relation to the provision of services accessible using the Felix Mobile App, including the marketing of those services; and (b) may not be secure during its transmission over the internet. Third parties may be able to intercept transmissions which
are made when using the Felix Mobile App.

If you give permission to another person to use your data through tethering or hot spot, that person may be able to access information within your felix account.

10. Content

Whilst we endeavour to ensure that information available through the Felix Mobile App (Content) is correct, we exclude (to the fullest extent permitted by law) all warranties, guarantees, representations (whether express or implied) as to the currency, accuracy, suitability, functionality or reliability of the Felix Mobile App and any Content.

As a user of the Felix Mobile App, you should make your own enquiries before relying upon the Content or entering into any transaction on the basis of the Content.  You can find
out more information about Felix Mobile products and services on our website.

Information about your use of your felix plan shown through the App is indicative only,
based on information recorded in our systems at the time of viewing.  While we take due care to ensure that it’s correct, there may be a delay.

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

felix does not accept responsibility for any liability in respect of access to third party Content through the Felix Mobile App.

11. Third party sites

The Felix Mobile App may contain links to third party sites.

felix is not responsible for the content of those sites. The links are provided for your information and convenience and do not indicate, expressly or impliedly, any endorsement of the sites or the provider of those sites. You access those sites and reliance on information on them is solely your responsibility.

12. Notifications

By using the Felix Mobile App, you consent to us sending you push notifications relating to the operation of the Felix Mobile App and felix products and services.  For more information about receiving marketing messages, and your option to opt-out, please see our Privacy
Policy at felixmobile.com.au/terms-policies/privacy-policy.

13. Availability of the App

Due to the nature of the internet, we make no warranty, representation or guarantee that your access to the Felix Mobile App will be uninterrupted, timely or error-free.  We are not liable if, for any reason, the Felix Mobile App is unavailable for any time or for any period.  We may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, which may result in the Felix Mobile App being unavailable.

14. Changes to the App, suspending access to the App

felix may at any time without notice to you change, suspend or terminate the services accessible or provided through the Felix Mobile App or make some or all of those services accessible only through an updated version of the Felix Mobile App or an alternative application.

felix may also suspend your use of the Felix Mobile App if you breach these terms and conditions or if you misuse the Felix Mobile App in the reasonable opinion of Felix Mobile.

15. Indemnity

You agree to indemnify and hold felix, its officers, agents, content providers, other partners and employees, harmless from any claim or demand made by any third party arising out of your use of the Felix Mobile App, your breach of these terms or any infringement of the rights of a third party by you.

16. Trade marks and copyright

The Felix Mobile App 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 its licensors and may have protection under the laws of other countries. You are not permitted to use felix’s trade marks except: (a) in the course of saving or printing a copy of the information accessed through the Felix Mobile App 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 Felix Mobile App and the information accessed through the Felix Mobile App is the copyright of felix and is protected by copyright under the laws of Australia and other countries. You may save an electronic copy, or print out a copy, of information provided to you through the Felix Mobile App solely for your own personal, non-commercial use but only if (a) you do not modify the copy from how it appears on the Felix Mobile App; and (b) you
include any copyright notice that appears on the original. You must not otherwise reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the Content, including audio and video excerpts, except as expressly permitted by non-excludable laws or with felix’s prior written consent.

We reserve all rights not expressly granted under these terms.

These terms do not apply to the software in the App which is
provided by third parties to us subject to open source software licences (Open Source Software).  The Open Source Software is licensed to you on the terms of the applicable open source software licence.  Please see felixmobile.com.au/terms-policies/app-terms-of-use/open_source_ref for a copy of those licences.

17. Privacy

By using the App, you consent to felix handling your personal information in accordance with the felix Privacy Policy at felixmobile.com.au/terms-policies/privacy-policy
As well as the types of information described in our privacy policy, through the App, felix also collects information about your network usage (such as speed and your location when you use our network), your wifi connection and your IP address.  We also collect information about your device, device settings and preferences and the performance and data usage of websites you visit and apps on your device.  We use this information mainly to help us manage our network and provide products and services to you.  We also use it for the
other purposes described in the felix Privacy Policy.

You can update your personal information in the Felix Mobile App.

Some services which you may access through the Felix Mobile App allow you to receive content personal to you. If you use such a service, information permitting us to identify the number of your phone or mobile device will be transmitted over the internet. This will occur even if you have disabled the "Caller Number Display" on your phone or mobile device.

18. Independence from platforms

The Felix Mobile App is independent of any platform on which it is located. The Felix Mobile App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google or Android (each being an Operator).

You must comply with the applicable Operator terms and conditions of use.

You and we acknowledge that these terms apply between us only, and not between you and an Operator or any of its subsidiaries.  We, and not the Operators, are solely responsible for the Felix Mobile App and its Content to the extent specified in these terms.

You acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of terms and may have third party rights to enforce these terms against you.

19. Liability

Australian consumer law implies certain consumer protection terms into these terms. In respect of any such implied conditions, warranties or guarantees which we cannot at law exclude, to the extent permitted by law, our liability is limited to resupply of the Felix Mobile App or Content (as applicable).

To the maximum extent permitted by law, we exclude all liability for any loss or damage you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of your use of the Felix Mobile App, or any Content,
information, products or services available on or from the Felix Mobile App.

We may at any time (without limiting our other rights or remedies) immediately terminate the Felix Mobile App licence granted to you, if you fail to comply with these terms.

20. Applicable law

These terms are governed by the laws of New South Wales.

To the extent permitted by law, and subject to any conflict of laws principles, you and we agree that any disputes relating to the Felix Mobile App or the Content are to be determined by the courts having jurisdiction in New South Wales.

21. What happens when you delete the App

You can delete the App at any time. Deleting the App does not terminate your felix subscription or account, and we will not delete the information we hold about you just because you have uninstalled the App.  If you decide to re-install the App and sign
in, your information will still be there.

22. Contacting us

If you have any questions, complaints or claims in relation to the Felix Mobile App, please contact us through Live Chat on the Felix Mobile App or on the felixmobile.com.au website.

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