Fair Use Policy

Summary

• Nexgen Investment Group Pty Ltd Trading As Nexgen Australia – ABN 88 606 251 503 will be referred to as Nexgen throughout the rest of this document.
• Our Fair Use Policy applies to Services which are stated to be subject to the Fair Use Policy (“Fair Use Services”)
• Our Fair Use Policy is intended to ensure:
  • the availability of Our Services to all eligible Nexgen Customers; and
  • that the Fair Use Services are not used in an unreasonable manner.
• We reserve the right to vary the terms of this Fair Use Policy from time to time.
• We may rely on the Fair Use Policy where Your usage of the Fair Use Services is unreasonable, as defined below.
• Unless otherwise indicated, capitalised terms used in this Fair Use Policy have the meanings given to them in Our Agreement with You.

Unreasonable Use

• It is unreasonable use of a Fair Use Service where Your use of the service is reasonably considered by Nexgen to:
  • be fraudulent;
  • involve a non-ordinary use;
  • cause significant network congestion, disruption or otherwise adversely affect the Nexgen network, a supplier’s network; or
  • adversely affect another person’s use of or access to the Fair Use Services, the Nexgen network or a supplier’s network.
• Without limitation:
  • Fraudulent use includes resupplying or reselling a Service without Nexgen’s written consent so that someone else may access, use or commercially exploit a Fair Use Service;
  • Non-ordinary use includes circumstances where You make or receive calls and/or make use of the internet on Our network in any non-ordinary manner without obtaining Our written consent first, which consent We may give or withhold, or make subject to conditions, in Our discretion. Use in a non-ordinary manner includes:
• in the case of fixed line services:
  • usage for running a telemarketing business or call centre; an
  • usage with handsets, auto-dialler devices or software or other equipment that have not been approved by Us for use on Our Network;
• in the case of mobile services, any use of a SIM in a SIM box, GSM gateway or any device that is used to automatically re-route calls;
• usage to menace, harass or injure any person or damage anything;
• usage in connection with an infringement or committing an offence against any law, standard or code; or
• any other activity which would not be reasonably regarded as ordinary use in relation to the Fair Use Service.

Our Rights

• If We reasonably consider Your use of the Fair Use Services is unreasonable, We may, at Our sole discretion, without telling You before We do so:
  • suspend or limit the Service (or any feature of it) in accordance with Our Agreement with You; and/or
  • terminate the Service in accordance with Our Agreement with You.
  • This policy is supplementary to and does not limit any of Nexgen ‘s rights.
• We reserve the right to vary the terms of this Fair Use Policy from time to time.
• We may rely on the Fair Use Policy where Your usage of the Fair Use Services is unreasonable, as defined below.
• Unless otherwise indicated, capitalised terms used in this Fair Use Policy have the meanings given to them in Our Agreement with You.