YOU ARE WELCOME TO LINK TO THIS WEB SITE.

In accessing or using this Website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. If you have entered into a written agreement with PowerTel Limited or a related body corporate (PowerTel), then that agreement will prevail to the extent of any inconsistencies with these terms and conditions. By using this Website you accept these terms and conditions.

1. Exclusion of Warranties

While PowerTel makes all reasonable efforts to ensure that the information contained on this Website is accurate, it gives no warranty, representation or undertaking, express or implied, that such information is accurate or complete. PowerTel disclaims all warranties, express or implied, including but not limited to warranties of fitness for particular purpose, merchantability and non-infringement. PowerTel accepts no responsibility to any person for any false, inaccurate or misleading information or for any interpretation, opinion or conclusion that you may form as a result of using this Website. This Website will be updated periodically and the information and programs available from this Website will change. In no event will PowerTel be liable for any loss arising as a result of the inaccuracy, incompleteness or alteration of information contained on this Website.

2. Copyright

Except as otherwise provided in this section, the design, layout and content of this Website are protected by copyright, trade mark and other laws and may not be copied without the prior written permission of PowerTel. You may download documents including HTML pages made available on this Website for your personal use provided you reproduce the PowerTel copyright notice on each copy and do not modify the documents in any way. You may not copy or post these documents on any publicly accessible computer or otherwise publish them in any media, or make any commercial use of any document downloaded from this Website.

3. No Rights Granted

Nothing on this Website constitutes a grant or an intention or commitment to grant any right, title or interest in any intellectual property or confidential information of PowerTel.

4. Trade Marks

POWERTEL, the PowerTel logo, OUR NETWORK.YOUR SOLUTION, POWERTEL INTELLIGENT BUSINESS SOLUTIONS logo and all other trade marks on this Website (unless otherwise indicated) are the trade marks of PowerTel Limited ("the Trade Marks"). You may only use the Trade Marks to identify PowerTel's products/services and, in doing so, you must adhere to the following guidelines:

• The Trade Marks must not be used as nouns, verbs or in plural form. The Trade Marks should only be used as adjectives followed by a noun.
• The first reference to the Trade Mark, whether in a document (hard or soft copy), packaging or promotional material, must incorporate the trade mark symbol (T) followed by an asterisk (eg, PowerTelT*).
• Any document (hard or soft copy), packaging or promotional material that incorporates the Trade Marks must also include at the conclusion of the document or somewhere obvious on the packaging or promotional material the following credit line:
  * OUR NETWORK.YOUR SOLUTION is a trade mark of PowerTel Limited
• The Trade Marks are not to be used in conjunction with your company name, product names or service names.
• Any use of the Trade Marks in the titles of demonstrations, seminars, published material (hard or soft versions) including papers, journals, magazines, books, booklets and manuals must be with the prior written consent of PowerTel Limited. In any event, the reference must be less prominent than the remainder of the text and include the trade mark symbol (T) followed by an asterisk and the following credit line:
  OUR NETWORK.YOUR SOLUTION is a trade mark of PowerTel Limited. (Third party) is independent of PowerTel Limited.
• The Trade Marks must not incorporate any additions or alterations including hyphens and abbreviations.
• The Trade Marks are not to be used in a context that may give them a different meaning or convey a different idea.
• The PowerTel logo and the POWERTEL INTELLIGENT BUSINESS SOLUTIONS logo excepted, the Trade Marks must only be used in the same form (including typescript, colour and case) in which they appear on this Website.
• The Trade Marks are not to be used in any way that may dilute their distinctiveness (ie, the Trade Marks must always be used in accordance with the above guidelines, in a manner which does not depart from the essential idea of the Trade Marks and in a way which clearly identifies PowerTel as the true owner of the Trade Marks).

If you have any questions concerning third party use of our trade marks, please Contact Us.

5. User's Undertaking

PowerTel does not intend to monitor communications between persons who use our services. However, should we become aware of any content that we consider harmful, defamatory or otherwise offensive or illegal, we reserve the right to remove such content immediately. You agree not to post any content that is illegal, defamatory, offensive, indecent, in breach of any party's copyright or other intellectual property rights, and acknowledge that your access to our services may be terminated if you breach this requirement.

6. Links

This Website may be linked to other websites that are not under the control of and are not maintained by PowerTel. PowerTel is not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content. The fact that a website is linked to this Website does not imply endorsement or sponsorship by PowerTel of that website or that PowerTel is in any way related to or associated with that website.

7. PowerTel Privacy Awareness Policy

What is this privacy policy?

This privacy policy sets out how PowerTel collects, uses and discloses your personal information. PowerTel is committed to protecting the privacy of your personal information and making sure you are aware of how PowerTel handles your information.

Please contact PowerTel on 1300 786 086 if you wish to discuss any aspect of this policy.

Is PowerTel bound by the Privacy Act?

PowerTel is bound by the Privacy Act 1988 ("Act"). Under the Act, PowerTel can choose to develop and be bound by a Privacy Code or choose to comply with the National Privacy Principles under the Act. PowerTel has chosen to be bound by the National Privacy Principles.

What Personal information is collected by PowerTel?

PowerTel only collects personal information that is necessary for PowerTel to perform its functions. The personal information PowerTel holds about you will depend on the services you request from PowerTel and the use that you make of those services.

Your personal information may include:

• name, address and contact details;
• date of birth;
• account name and account number held by financial institutions from which payments for services provided by PowerTel are made and information obtained as a result of credit checks which you authorise us to carry out;
• records of communications between you and PowerTel relating to services provided by PowerTel to you;
• call charge records; and
• billing statements.

How will PowerTel use your personal information?

PowerTel respects your privacy, so PowerTel does not trade, rent or sell your personal information to any third parties. The primary purpose for which we use personal information is to provide you with telecommunications services or to enable you to resell telecommunications services. This includes the provision and resale of voice, data and internet services. In the course of providing telecommunications services to you, we may also use your personal information for related purposes, which include the following:

• provisioning or connecting your service;
• network routing;
• providing you with customer service;
• credit checking;
• billing or rebilling you for that service;
• investigating complaints in relation to your service;
• investigating and fixing faults in relation to your service;
• following up any payments that you may owe PowerTel; and
• disconnecting your service.

PowerTel may also use your personal information to tell you about PowerTel's other products and services, or bundled offerings provided by PowerTel in conjunction with either our related bodies corporate or our business partners or associates. You may choose to opt out of receiving this type of marketing information at any time by contacting privacy@powertel.com.au.

PowerTel will use your personal information for the purposes set out above unless otherwise disclosed to you at the time of collection.

How does PowerTel collect personal information?

PowerTel collects personal information directly from you when you supply it to PowerTel in connection with a request for services. This includes when you:

• provide personal information in your agreement with PowerTel or application for services;
• complete a credit application form;
• submit information on the PowerTel Customer Portal; and
• complete other standard forms such as forms requesting adds, moves or changes to the services you are receiving.

Will PowerTel collect personal information from third parties?

PowerTel may also collect personal information about you from third parties such as:

• resellers of telecommunication services;
• credit providers or credit reporting agencies contacted by us (or by external service providers on our behalf) in the course of carrying out a credit check;
• other entities who provide services to us related to the provision of telecommunication services provided to you;
• Government agencies which administer laws regulating telecommunication service providers, or complaint resolution processes established under those laws.

PowerTel protects your personal information by using reasonable endeavours to ensure that any third parties make you aware of PowerTel’s privacy policy.

Can PowerTel disclose your personal information to a third party?

PowerTel contracts out some services such as mailing invoices and other information and correspondence, credit checking, provisioning, marketing and fault fixing to external contractors or service providers.

PowerTel may disclose personal information to these organisations. Any disclosure of personal information is limited to that required to provide the customer with the services that PowerTel has contracted out. At all times, parties to which PowerTel contracts services or disclose your personal information are either covered by contracts which protect your personal information or are required to comply with all relevant laws including the Act and the Spam Act 2003.

Can you access your Personal Information

Generally, you have the right to see or obtain a copy of personal information about you that PowerTel holds. PowerTel will handle requests for access to personal information in accordance with the National Privacy Principles. To request access to your personal information, please contact our Call Centre on 1300 786 086. Provided PowerTel can adequately verify your identity, the person that you speak to may be able to provide you with the information required over the telephone.

If you wish to have a copy of any information, PowerTel will ask that you put the request in writing and either post or fax that request to us. This is to ensure that PowerTel can verify your identity. In some cases, PowerTel may need time to consider and respond to your request for access. If PowerTel needs time to consider your request, PowerTel will acknowledge that request within 14 days and respond within a maximum of 30 days.

PowerTel may charge you a fee for the administrative cost of providing the information. If for any reason PowerTel refuses to give you access to its information, PowerTel will let you know the reason of refusal in writing. The circumstances under which PowerTel may refuse to give you access to personal information PowerTel holds, include where giving you access would:

• have an unreasonable impact on other people's privacy;
• prejudice any negotiations we are having with you;
• prejudice an investigation of unlawful activity;
• prejudice activities carried out by, or for, a law enforcement body.

If you believe that PowerTel holds personal information about you that the you considers to be inaccurate, incomplete or out of date you should inform PowerTel by calling 1300 786 086 PowerTel will amend any inaccurate, incomplete or out of date information. PowerTel may ring you to discuss your request.

What are the consequences of not providing Personal Information

In some cases, PowerTel may not be able to provide you with telecommunications services if you refuse to provide PowerTel with the Personal Information PowerTel needs to perform the service.

Privacy Complaints

You can complain about breaches of privacy in writing (e-mail, fax or letter) or by phone to:

The Privacy Officer PowerTel
Telephone: 1300 786 086
Email Address: privacy@powertel.com.au

Organisational Details Name:

PowerTel Limited Level 11
55 Clarence Street
Sydney NSW 2000

What if this privacy policy changes?

PowerTel reserves the right to amend this policy at any time by posting an updated version on our website at www.powertel.com.au

Does PowerTel secure your personal information?

PowerTel takes reasonable steps to protect your personal information from misuse and loss from unauthorised access, modifications or disclosure both under the Act and Telecommunications Act.

8. Confidentiality

By using this Website you may obtain access to PowerTel's confidential information, including but not limited to information concerning PowerTel's business plans, market opportunities, transactions, associations, financial arrangements, inventions, operations, processes, intellectual property, know-how, design rights, trade secrets, product descriptions, prototypes, databases, financial projections, customer details, contracts and any information of and incidental to the development of PowerTel's business ("Confidential Information"). Unless otherwise required by law, you will not without PowerTel Limited's prior written consent:

(a) disclose the Confidential Information to any third party;
(b) make or permit to be made copies of the Confidential Information; or
(c) use any Confidential Information for any purpose other than for purchasing, maintaining and supporting your PowerTel products ("the Purpose").

You will not, if applicable, disclose the Confidential Information to your employees, agents or consultants unless:

(a) they need to know the information to further the Purpose;M
(b) they have been informed of their obligations under this section; and
(c) they have first agreed to be bound by the terms of this section.

You will not, and will ensure that any person having access to the Confidential Information through you will not, create any material (hard or soft copy) that describes the contents of the Confidential Information.

You acknowledge that any breach of this section by you may cause PowerTel irreparable harm for which monetary damages may be an inadequate remedy. PowerTel shall be entitled to seek an injunction to restrain any such breach or threatened breach. Nothing in this section shall be construed as preventing PowerTel from pursuing any remedy at law or in equity for any breach or threatened breach of this section.

9. Indemnity

You agree to indemnify PowerTel and its subsidiaries, affiliates, licensors, partners, agents, officers, employees and other authorised representatives against all actions claims, suits demands, damages, liabilities, costs or expenses arising out of or in any way connected to your use of this Website.

10. Limitation of Liability

To the maximum extent permissible at law, PowerTel excludes all liability in contract, tort (including negligence) or otherwise for any direct, indirect, incidental, punitive, special or consequential damages (including damages for loss of business revenue or profits, business interruption, loss of business information and the like), arising out of the use, misuse, or inability to use this Website (including the software and support services downloadable from this Website), even if PowerTel has been advised of the possibility of such damages. Where any legislation restricts the exclusion of implied warranties or terms, to the maximum extent permissible at law, PowerTel's liability for breach of any such warranty or term that may not be excluded shall be limited at its option:

(a) in the case of goods, to repairing or replacing the relevant goods, or paying the cost of such repair or replacement; or
(b) in the case of services, to resupplying the service or paying the cost of such resupply.

11. Governing Law

Any legal issues arising out of the use of this Website will be governed by the law of NSW, Australia, and by using this Website you submit to the jurisdiction of the courts of that state.

12. Customers that have contracted with Request Broadband Pty Limited or an associated entity

Without limiting 1-11 above, Customers that are under an agreement with Request Broadband Pty Limited (or an associated entity) must abide by the following additional terms and conditions as applicable at the time of contracting with the Request entity.

• Acceptable Use Policy for End Customers
• General Terms for End Customer Contracts
• Request Standard Terms and Conditions