This agreement is GoConnect's standard Terms and Conditions of Use for its ADSL Broadband Plans. The applicant acknowledges having read the Terms And Conditions and making this agreement prior to completing the Application Form.

GoConnect's ADSL Broadband Plans are offered strictly for private non-commercial purposes. Under the current terms and conditions, GoConnect reserves the right to terminate the subscription of a Member and remove the Member's access to the Internet under the Plan chosen by the member from the Schedule of Plans if the Member's usage, including time and downloads are beyond reasonable private non-commercial usage.

Please read this agreement carefully. It is a condition of the Member's use of the Service that the Member complies with the terms and conditions of this Agreement, as amended from time to time.

1. Definitions

"Activation Date" means the day on which the Service becomes available for use by the new Member.

"Agreement" means the GoConnect ADSL Broadband Plans Terms and Conditions of Use contained herein.

"Application Form" means the application form completed by the Member for the purposes of registering for the Service, including the application form available online from the GoConnect Website.

"Application Cancellation Fee" means the charge payable by the Member for canceling an accepted application prior to activation.

"Cancellation Fee" means the charge payable for termination prior to expiration of 6 months from the Activation Date of the Service to the Member.

"Excess Fee" means the charge at the applicable rate for the chosen Plan for each megabyte of data in excess of the applicable download allowance included in the monthly Fee.

"Existing Member" means a Member of GoConnect's Dial-up Internet service.

"Fee" means the charge per month according to the Schedule of Plans for the use of the Service each month.

"GoConnect" means GoConnect Australia Pty Ltd (ACN 090 146 213).

"GoConnect Website" means the website of GoConnect found at www.goconnect.com.au and members.goconnect.net and includes all web pages found within those websites.

"MB" means megabytes and for billing purposes, it is defined as 1 million bytes.

"Member" means a registrant whose Application Form for the provision of the Service has been accepted and the applicant registered as a Member by GoConnect.

"Minor" means any person below the age of 18 years.

"Plan Change Fee" means the fee payable when the Member requests a change of Plans that involve a change of speed.

"Relocation Fee" means the fee payable for the relocation of the address and/or phone line for delivery of the Service.

"Schedule Of Plans" means the subscription ADSL Internet access services offered by GoConnect as listed on GoConnect's website, and on the terms outlined in this Agreement.

"Payment Authority" means the direct debit details provided by a Member giving a standing authority to GoConnect to directly debit the Member's credit card for the provision of the Service, which may include the monthly Fee, the Set Up Fee, the Excess Fee, the Relocation Fee, Cancellation Fee and fees for other services and equipment costs requested by the member.

"Personal Information" has the same meaning as defined in the Privacy Act 1988 (Cth) and includes all the information provided to GoConnect by the Member on the Application Form.

"Service" means the ADSL Internet access service provided by GoConnect pursuant to the Plan chosen from the Schedule Of Plans by the member and, at the discretion of GoConnect, may include provision of information, computer resources, disk storage and communications through the Internet.

"Set Up Fee" means the fee payable for arranging the connection of ADSL to a telephone line specified by the Member.

2. About this agreement

The use of the Service by the Member is subject to the terms and conditions of this Agreement and constitutes the entire understanding and agreement between the Member and GoConnect. The Member accepts and confirms the terms of this Agreement by the Member's first and continued use of the Service.

3. The Provision of the Service

Account Creation

3.1 Upon acceptance of this agreement, Members desiring to receive the Service are required to complete the application as outlined below, before being allowed to connect to the Service:

1. Members must submit Personal Information under the Application Form;

2. Members must submit the Payment Authority form, that includes the Member's credit card details; and

3. GoConnect will advise Members of payment confirmation for the Member's Set up Fee and initial monthly Fee and whether the Member has been accepted or denied access to the Service (The line needed to be approved as ADSL ready). This approval is subject to the Member's bank either confirming or denying the accuracy of the Member's Payment Authority and the debit against the Member's credit card of the Set Up Fee and first monthly Fee.

3.2 Members acknowledge that the payment for the subscription of the Plan can be made only via a direct debit of their credit card under the Payment Authority, including Bankcard, Visa and Mastercard. By submitting the Application Form with all details completed, each applicant expressly authorises GoConnect to debit the charges as set out in this Agreement under the Payment Authority. The Payment Authority shall not be cancelled or terminated by any Member so long as there are any charges, Fees, Excess Fees, Relocation Fee, Plan Change Fee or Cancellation Fee that remain to be debited under the Payment Authority, including outstanding charges, Fees and Excess Fees after cancellation of membership of the Plan.

3.3 The charges to persons joining the Plan shall be as follows:

1. Upon receipt of the Application Form, GoConnect will debit the applicant the Set Up Fee, the Fee for the first month, the price of the modem and other charges as selected on the Application Form. If the application is rejected, all charges made will be refunded.

2. If a Member's data download in a month exceeds the included data allowance, the Member will be charged the Excess Fee at the end of that month for the excess usage according to the rate specified for the chosen Plan in the Schedule Of Plans.

3. Each Member will be debited the Fee and any applicable Excess Fee monthly 4 days after the anniversary date at the beginning of the following month.

4. Each Member will receive a payment confirmation notice from GoConnect via email to the Member's GoConnect.net address within 7 days after the direct debit payment has been made under the Payment Authority.

5. The payment confirmation notice will itemise the Fee, the Excess Fee (if applicable).

6. Any unused data allowance at the end of a month will not roll over the to the following month.

7. Members are able to monitor their data usage up to 2 days before by access to an online account management system which provides information on accumulated usage within a month. That clock is reset on the anniversary date each month.

8. It will be the Members responsibility to monitor their own total use of the Service each month.

9. GoConnect reserves the right to require a security deposit from a Member whose payment record has become unreliable.

3.4 Service Cancellation and Relocation

1. Members who wish to cancel their account may forward an GoConnect at requesting a cancellation of their account. This notification must be received and acknowledged by GoConnect (by return email) at least 7 days prior to the Members next anniversary date of the current month.

2. Should a Member give the required notice of cancellation more than 7 days before the anniversary date, the Member's account shall be terminated on the anniversary date.

3. Should a Member give notice of cancellation less than 7 days before the next anniversary date then the Service to the Member shall be terminated at the end of the following month, and the Member will be charged the Fee for that following month. The Member shall be entitled to continued access to the Service during that month. Members are not entitled to any refunds.

4. GoConnect shall be entitled to debit under the Members Payment Authority all charges incurred by the Member up to the date of the termination of the Service after the giving of the notice in accordance with this clause 3.4 including in respect of any fees and charges under the Plan as applicable whether for the Fee or Excess usage fees.

5. Should a member give notice of cancellation prior to 6 months after the Activation Date, the applicable Cancellation Fee as specified in the Schedule Of Plans will be charged.

6. Should a member request a relocation of the service, and the request is accepted, the applicable Relocation Fee as specified in the Schedule Of Plans will be charged

7. Should a member request a relocation within 6 months of the Activation Date to an address where ADSL is not available, the Cancellation Fee will be charged to the Member.

8. Cancellation of the Member's telephone line or transfer of the line to another party will have the effect of a cancellation of the Service.

Information on Application Form

3.5 The Member must ensure that their Personal Information, as provided to GoConnect on the Application Form, is true and correct and is the same as the particulars provided on the Payment Authority. The applicant for the Service must also be the account holder of the telephone line for the service. The Member must notify GoConnect of any changes in their Personal Information.

Service Description

3.6 The features of the Service are fully set out in the 'join now' and Schedule Of Plans sections of the GoConnect Website. Members acknowledge the following in relation to the Service:

1. The Service is available 24 hours, 7 days a week and available only to phone lines that are ADSL ready in metropolitan areas;

2. GoConnect may in its sole discretion disconnect and cancel a Member's subscription to the Service if any payment for the Service has been denied by the Members banking facility;

3. GoConnect reserves the right to terminate the subscription of a Member and remove the Members access to the Service, if the Member's use of the Service is for purposes other than for non-commercial purposes (refer to clause 3.19 of this agreement for examples of unacceptable use);

4. GoConnect may suspend or limit the Service if a wholesaler suspends or limits supply; and

5. GoConnect reserves the right to change the fees and the Service, subject to giving 14 days notice to all its Members of the changes. Any change in Service and/or fee will not be effective until the end of the monthly subscription period of the Member. If Members do not wish to be subject to the change in Service and/or fees, they have the right to close their account with GoConnect at the end of the subscription month and before any change is effective on the Members account.

6. GoConnect will not assign Members with static IP addresses.

7. The installation and operation of ADSL may cause temporary disruption to a Member's normal telephone service and any attached security monitoring service. Members with this type of security monitoring service should inform the security service provider. Installation of central splitters and network termination devices may be necessary.

8. If a Member's telephone line is cancelled or transferred to another name, the Broadband connection will be lost.

9. The installation of hardware required for broadband may affect the warranty of the Member's computer. The Member may need to check with the supplier of the computer. The original operating systems disks or CDs may be required during the installation process.

Access to and use of the Service

3.7 GoConnect shall provide each Member with a user name, 5 e-mail addresses, passwords, and other information (together their "Log-In Particulars") to provide the Member with access to the Service. The Log-In Particulars are confidential to the Member and must not be disclosed by the Member to any other person. Each Member shall only be entitled to one set of Log-In Particulars unless otherwise as permitted by GoConnect.

3.8 An ADSL modem is required to operate the Service. A Member may purchase an ADSL modem through GoConnect or provide a modem independently (GoConnect will not support modems not acquired through us). Modems supplied by GoConnect are only guaranteed in single PC environment, and are not guaranteed to be compatible with any network of computers the Member may have. A member electing to provide a modem independently is responsible for ensuring that the equipment meets all relevant ACA technical standards.

3.9 GoConnect may at its discretion require a Member to use a different user name or e-mail address from the user name or e-mail address requested by the Member, or may ascribe to a Member a different user name or e-mail address from that previously registered and used by a Member as part of the Service. A Member may not use a user name or e-mail address which is defamatory, false, misleading, deceptive or intended to cause confusion or deception.

3.10 The Member is responsible for the use of the Service using the Member's Log-In Particulars, whether that use is by the Member or by any other person.

3.11 GoConnect shall use all reasonable efforts to ensure that the Service is fully operational at all times. However GoConnect does not warrant to the Member that the Service will be fault free. The Service may be subject to interruptions due to operational difficulties, the breakdown or malfunction of equipment or software, unavailability of telephone lines, interruptions in network and satellite links and any other operating difficulties that may occur from time to time. GoConnect is not liable for any loss or damage suffered by the Member as a result of any interruptions and other service difficulties associated with the Service. To the extent that such liability cannot be lawfully excluded, GoConnect's liability, at its option, shall be limited to the re-supply of the Service.

3.12 Members' use of the Service must be in accordance with the GoConnect's User Policy for ADSL Broadband Plans. The User Policy for the ADSL Broadband Plans forms part of this Agreement and Members must ensure they comply with the terms and conditions as contained therein (as amended from time to time).

3.13 Members' use of the Service must be in accordance with GoConnect's Privacy Policy. The Privacy Policy forms part of this Agreement and Members must ensure they comply with the terms and conditions as contained therein (as amended from time to time).

3.14 Members must not abuse, overuse or use the Service other than for non-commercial purposes. If a Member's use, including total downloads, does, in GoConnect's reasonable opinion, create an undue burden on the network, degrades use of the Service by other members, and is used for commercial purposes, GoConnect reserves the right to:

1. restrict the level of the Members Service;

2. suspend a Member's access to the Service;

3. terminate the subscription of a Member and remove the Members access to the Service;

Support for the Service

3.15 GoConnect provides priority and subsidised technical help desk support for ADSL Broadband Plan members through its 9.00am to 5.30pm 5 days a week help desk located at the phone number provided on the GoConnect Website. The Member acknowledges that calls to our help desk are subject to call charges by the Member's phone company.

3.16 Due to the nature of computers and Internet connection technology there is no guarantee of your problem being resolved by the technical help desk. Members who use the technical help desk do so at their own risk and acknowledge that there is a no refund policy that applies to call charges to the technical help desk, irrespective of whether the problem is resolved. The member acknowledges that continuity and speed of access to the Internet depend on many factors which are out of GoConnect's control.

3.17 GoConnect provides Members with access to a constantly updated online support section located on the GoConnect Website. This support page requires Members to enter their Log-In Particulars to gain access.

3.18 Members also receive free email support. In order to receive free email support, Members are required to complete a form located in the support section of the GoConnect Website. This form must be completed in detail and submitted to GoConnect. Whilst GoConnect will use every endeavour to reply within 48 hours to a request for email support, no guarantee can be provided that a 48 hour response time will occur. In some circumstances and depending on the nature of the problem, GoConnect may refer the member back to the Technical Help Desk.

Billing Enquiries

3.19 GoConnect will provide a special telephone number for billing enquiries. Any questions or problems related to billing will be handled by operators on this number. The number is located both on the support section of the GoConnect Website and can be located on all payment confirmation notices which the Member receives in accordance with clause 3.1 of this Agreement. The hours of operation of this call centre are contained on the GoConnect Website. Members will not be charged for any billing enquiries save for ordinary telephone call costs.

Third Party Dealings

3.20 The Member's dealings with, and interest in, promotions, services or retailers found on or via the Service ("Third Parties") are, unless explicitly stated, solely between the Member and those Third Parties. GoConnect is not responsible for any loss or damage suffered by the Member as a result of such dealings.

Other Web Sites

3.21 GoConnect may provide hypertext links to other websites and/or resources on GoTrek or on the GoConnect Website. GoConnect does not accept responsibility for these websites and/or resources, nor does GoConnect endorse or regulate the content of other web sites and/or resources to which it provides hypertext links.

4. Member's Obligations

Provision of Equipment

Provision of Equipment

4.1 The Member must provide a telephone line, modem, computer, software (that includes either, Windows 98, Windows 2000, Windows ME, Windows NT, Windows XP, MacOSX and any other equipment necessary to facilitate access to the Service. The Member shall be responsible to pay the cost of all telephone line rental, fees, costs and charges in relation to such equipment. The Service is only available on the software listed above.

Secrecy of Login Particulars

4.2 The Member is solely responsible for the use of the Service. The Member must not disclose the Member's Log-In Particulars to any other party.

No Assignment or Resale by Member

4.3 The Member must not assign or transfer its rights nor delegate its obligations under this Agreement and must not resell the Service to any other party.

Improper Use of Service

4.4 The Member must NOT use the Service:

1. to publish, receive or transmit any material that is offensive, abusive, indecent or menacing. This includes but is not limited to material that is illegal, promotes physical harm or injury against any group or individual, contains nudity or pornographic material of any kind, or exploits Minors;
2. to engage in any activity which breaches any laws, infringes a third party's rights or breaches any standards, content requirements or codes promulgated by any relevant authority, including the IIA Code of Practice;
3. in a manner which defames, slanders, harasses or menaces or otherwise interferes with the rights of any other person;
4. to send unsolicited or unwelcome e-mail messages to any other person;
5. to infringe the intellectual property rights of any other party;
6. to interfere with or disrupt the Service, equipment or other network users in a way that would cause any interruption, damage, impairment or loss of efficiency to the Service, equipment or other network users. Such interferences or disruptions include, but are not limited to, the mass distribution of unsolicited advertising and e-mail, the sending of threatening or harassing e-mail messages, the forgery or attempted forgery of e-mail messages, the propagation of computer viruses or using the network to hack or make unauthorised entry into any other computer or machine accessible from the Service;
7. in any other manner which will require GoConnect to take any remedial action

The Member is responsible for obtaining advice as to whether the Member's use (or proposed use) of the Service is in breach of any of the above provisions.

No Commercial Use

4.5 The material and content, or any part of that material and content, contained within or provided by GoConnect to the Member in relation to the Service is for the personal use of the Member only and may not be used for commercial purposes or distributed commercially by the Member without the prior written consent of GoConnect. The Member's use of the Service carries with it no proprietary rights in relation to copyright, trademarks or any other intellectual property rights whatsoever of or in GoConnect.

Exclusion of Liability

4.6 The use of the Service is the responsibility of the Member and is entirely at the Member's own risk. To the extent permitted by law, GoConnect excludes all liability for any loss or damage suffered by the Member or any other person as a result of the use of the Service.

Content Unsuitable for Minors

4.7 The Member acknowledges that some content accessible through the use of the Service is unsuitable for Minors. The Member warrants that no Minor will use the Service without the express permission and personal supervision of the Member using either the Member's or any other person's Log-In Particulars.

Internet Industry Code

4.8 GoConnect is a member of the Internet Industry Association of Australia ("the IIA") and is governed by the IIA Code of Practice ("the Code"). Members of GoConnect agree to be bound by the Code and acknowledge to have obtained and read a copy of the Code by linking to the IIA Website from the GoConnect Website.

5. Breach of this Agreement

5.1 If a Member is found or is suspected to be in breach of this Agreement, GoConnect may, at its discretion, having regard to the circumstances, either:

1. Warn the Member;
2. suspend the Member's access to the Service;
3. cancel the subscription of the Member;
4. if the circumstances so require, notify and provide all relevant information to any relevant authorities for determination.

Effect of Cancellation of Subscription

5.2 Upon the cancellation of the subscription of a Member under clause 5.1(c), GoConnect may erase any contents, Log-In Particulars, set-up parameters and e-mail storage of that Member.

6. Personal Information

Privacy Policy

6.1 GoConnect's collection, use and disclosure of all Personal Information shall be in accordance with this clause 6 and GoConnect's Privacy Policy as shown on the GoConnect Website.

Non-Disclosure or Transfer of Personal Information

6.2 GoConnect will hold all Personal Information in the strictest confidence in accordance with and subject to the Privacy Act. This information shall be used by GoConnect to administer connections of Members to the Service.

6.3 GoConnect shall not disclose nor transfer without the prior consent of the Member, the personal particulars of the Personal Information or any other information that would identify the Member individually to any other person, except:

1. as required by law; and
2. to ensure the performance of contractual obligations with agents to administer connections of Members to the Service.

Consent of the Member

6.4 The Member hereby consents to the collection and use of the Personal Information for the purposes as outlined in the GoConnect's Privacy Policy and this clause 6.

7. Variation of Agreement

GoConnect may vary any of the terms and/or conditions of this Agreement from time to time by publishing such variations on the GoConnect Website. The obligation is on the Member to check the GoConnect Website to monitor whether any such variations have been made. The Member's continued use of the Service will constitute the Member's acceptance of such variations.

8. Liability and Indemnity

No Liability

8.1 GoConnect is not liable to the Member or any other party for any loss or damage suffered (whether directly or indirectly) in relation to the subscription fee, use of the Service, including but not limited to the quality, merchantability, suitability, connectivity or fitness of the Service, except to the extent that liability may not by statute be lawfully excluded.

Use by Minors

8.2 The Member agrees that GoConnect cannot be held liable for Minors accessing, receiving or transmitting any material that is grossly offensive, abusive, indecent or menacing, including but not limited to material that is illegal, promotes physical harm or injury against any group or individual, contains nudity or pornographic material of any kind, or exploits Minors.

No Liability for Goods or Services purchased

8.3 GoConnect is not liable for any goods and/or services purchased by Members whilst online, whether from advertisers on GoTrek or from Third Parties providing goods and/or services on the GoConnect Website or through the Service, and any other Third Parties with whom the Member has any dealing. GoConnect shall not be liable in respect of any loss suffered by a Member arising directly or indirectly as a result of effecting payment for those goods and/or services on hire.

Indemnity

8.4 The Member hereby indemnifies GoConnect in respect of any loss or damage, claim, suit or proceeding against GoConnect by any person or relevant authority arising out of the use of the Service by the Member or any person using the Member's Log-In Particulars.

9. General Condition

GoConnect may assign its rights under this Agreement to any other party at its discretion. Any such assignment shall be published on the GoConnect Website and shall take effect 14 days after notification of such assignment is first given. Any use of the Service by the Member 14 days after notification is an acceptance by the Member of the assignment.

10. Notices

Any notices under this Agreement shall be served on the parties in writing and shall be sent by prepaid ordinary post, by facsimile or by e-mail to the parties at their respective addresses as specified on the Application Form.

11. Governing Law

This Agreement shall be governed by the laws of the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria in determining any dispute concerning this Agreement.

Please note that we are unable to provide you with access to our service if you do not accept these Terms and Conditions. If you have any queries in relation to these Terms and Conditions please contact us .

* Conditions apply, click here.
# If you cancel your ADSL service before 6 months, a $55 fee applies
^ Free GoTrek VoIP phone calls are between GoTrek customers only, and subject to existing ISP charges