Help & Pricing


 

1. No Data charges or flagfall....

Virgin Mobile loves you soooo very much, that we've decided NOT to charge our customers any data or connection charges when you're playing in the Virgin Mobile Vibe. Even when you download games and Ringtones, all you'll ever be charged is for the service you download. BRILLIANT!

2. What do GPRS, WAP and MMS mean?

GPRS

GPRS stands for ‘General Packet Radio Service’. Cool huh?

Put simply, it’s the technology we run on our network that lets WAP and MMS work on your phone.

WAP

WAP stands for ‘Wireless Application Protocol’. It’s kinda like ‘HTTP’ on the web, but for phones.

So - why WAP? Because WAP allows you to access great content from your handset! You need it to download java games, polyphonic tones, wallpapers and greeting cards. Picture this: you see a kick-ass video clip; you download the film poster as your wallpaper, the remixed theme-song as your ring tone and the java game to stop you from getting bored on the train! Our current WAP offering does not include email, but we’re working on this for you.

Click HERE to check if your phone is WAP - compatible and GET SET UP. It’s simple and FREE to set up!

MMS

Well, it stands for Multi-media Messaging Service, but you can think of if it as Much More Stuff.

MMS is basically a fancied-up text message, like SMS on steroids. Instead of just text, an MMS can include a photo (maybe taken from your camera phone?), or a sound file, or even a short video!

Click HERE to check if your phone is MMS-compatible and GET SET UP. It’s simple and FREE to set up!

Things we thought you might want to know about MMS

With Virgin Mobile MMS you can:

  • Attach sounds and messages to photo messages then send and receive them on your MMS phone;
  • Keep your personal details up-to-date and keep your favourites together;
  • Download stuff to your phone.

Keep an eye out here though ‘cause we’ll be adding more stuff sooner than you think and we wouldn’t want you to miss out on anything really cool.

A few things you can’t do with MMS

  • You can’t MMS whilst roaming.
  • You can’t send MMS to CDMA networks.
  • You can’t send MMS to the ‘3’ network.
  • You can’t email MMS video.

I have an MMS phone but my friend doesn’t. Does that mean I can’t send them anything at all?

Aussie networks are clever enough to work out whether or not your friend’s phone is an MMS one as well. If it’s not, then rather than sending the MMS message to their phone, their carrier will store the message on their website for them to pick up. Your friend will get a text from their carrier telling them that you’ve sent them a message, along with directions and instructions for how they can view it online - either on the Virgin Mobile Website (or their carrier’s website if they’re not with Virgin Mobile yet).

Can I send MMS messages while I’m travelling O/S with my Virgin Mobile?

Not right now, but we’re working on it. We’ll let you know as soon as it ’s available.

Can I send an MMS to my friend O/S?

Sorry, but not right now. However, we hope to be able to offer this service in the future.

How big can an MMS message be?

Right now the typical MMS size is around 30kb - 100kb.
How many images/pictures can you include in a MMS?
MMS can include more than one image/picture. Whether or not you can display
multiple images varies depending on your phone. Remember the maximum size your MMS can be is 100kb.

MMS Video

Can I send content from the MMS Video category as an email as well as via MMS?

You can send any content in your "Private Folders" via email or MMS (including video files). All other content can be sent only via MMS/SMS.

Network

What is the bearer used for MMS?

The data bearer for MMS in the VMA network is GPRS.

Can I use MMS over Circuit Switched Data (CSD)?

No. VMA does not offer MMS over CSD.

Am I charged for the GPRS usage for my MMS session?

No. MMS customers are not charged for the GPRS component utilised during the carriage of their MMS message through the network. They are charged only for the message itself. Some other carriers charge you extra, depending on how long it takes to send messages... sounds pretty unfair.

How fast is MMS transmission?

It is pretty fast but how fast will depend on the message size and the used bearer.

Is MMS a WAP browser application?

MMS does not use the WAP browser in any way. MMS is a messaging application, not a browsing application. Therefore it requires its own user interface, like SMS also does.

MMS Phone Compatibility

If you have a Virgin Mobile phone, then you're probably already set up. Otherwise, it's really easy to get set up for MMS.

Alternatively; you can send a blank text message to the number ‘141’. You ’ll then receive your specific MMS settings.

3. What does subscription mean....?

When you subscribe to monthly services, you receive your choice of information & entertainment content every day.

You’ll be charged when you first subscribe. The monthly subscription charge will then be incurred on the same day each subsequent month for as long as you remain subscribed.

If you decide to unsubscribe - we’re cool with that too. Just remember that once you’ve paid for your monthly content, there ain’t no going back! If you unsubscribe in the middle of the month you won’t get a refund for the remainder of that month.

To unsubscribe from monthly subscriptions, simply head to the Help option in the relevant content category. Just click on the service you no longer wish to receive – and BINGO! No more service.

4. Getting the low-down on downloading….

You might fancy personalising your handset once, twice or a million times over...or grabbing some entertainment in the format of a java game! With that said, you’d better know how to download!

Cruise around our Vibe categories for something you’d love to download. Once you’ve found it, simply click on the name. You’ll then be presented with a page confirming your selection and the price. All that’s left for you to do is to confirm.

The selected download will be sent to your handset. Once you receive this, you will be prompted to save the download in your handset. And if you lose your download, you can download it again within a reasonable time for free.

Easy peezy…. You’ll be in the Olympic Download team before you know it!!

5. Pricing for Virgin Vibe Wap Content

Access to WAP

Absolutely free.

Tones & Pics
Alert Tone $3.95
Animation $3.95
Cover Tone $3.95
Polyphonic Tones $3.95
Music Tones $4.95
Non Music Tones $3.95
Real Tone $4.95
Theme $4.95
True Tone $5.95
Wallpaper $2.95
My Wallpaper $3.95
My Animation $3.95
Moan Tones $5.00
Music Full Track $3.00
Music Video Download $3.50
Comedy Video Download $3.50

Games
Gold Games $6.95
Silver Games $5.95
Bronze Games $4.95
Gold Applications $6.95
Silver Applications $5.95
Bronze Applications $4.95

Sports Bar
30 Days of Sports Bar $2.95

Crystal Ball
30 Days of Horoscope $3.95
30 Days of Lovescope $3.95
30 Days of Inspirational Quotes $3.95
1 Day of Horoscope, Lovescope or Inspirational Quotes $0.50


yourTime
30 Days of yourRestaurants $1.00
30 Days of yourGigs $1.00
30 Days of yourMovies $1.00
30 Days of yourTV $1.00
30 Days of yourTime $2.95

MOKO
30 Days of MOKO $3.95
1 Day of MOKO $0.75
Private Message [per message] $0.50
MMS at standard rates

truelocal.com.au
truelocal.com.au Directory FREE

Transport
Transport Infoline FREE

Winning Numbers
30 Days of Winning Numbers $1.00
1 Day of Winning Numbers $0.50

Flight Info
30 Days of Flight Info $2.00
1 Day Flight Info $1.00

Mobile Trivia
30 Days of Mobile Trivia $2.95
1 Day of Mobile Trivia $0.75

Mobile Video
30 Days of Babe TV $6.95
1 Day Babe TV 1 $2.95
 
30 Days Pages Fashion TV $2.95
1 Day Pages Fashion TV $1.00
 
30 Days Ministry of Sound $2.95
1 Day Ministry of Sound $1.00
 
30 Days Hollywood Preview $2.95
1 Day Hollywood Preview $1.00

6. Vibe Terms and Conditions

Handset compatability

  • You need a compatible handset to access and use this material. Handset memory limitations may apply for downloads. Check your handset settings to ensure that it has sufficient memory.
  • Vibe is not available to iPhone customers

Downloading

  • If the download is unsuccessful or you experience a disrupted connection you will be given further attempts to complete the download. You will still be charged if you do not wish to keep the downloaded item.

Subscription services

  • If you subscribe to weekly services you will continue to have access to and be charged for the service until you cancel it. Instructions to unsubscribe from each service are available under the ‘Help’ menu in each content site.

Special offers and competitions

  • The terms for any special offers are set out at the service description at each content site.

Services and charges

  • Content may be changed, withdrawn or modified without notice.
  • If you access your service while global roaming additional charges will apply.
  • Charges apply for each service you purchase. Prices for each service are set out at the service description. Prices published are correct as at 31 August 2009.
  • By clicking on "Buy", you agree to pay for all material you request. All purchases are subject to the Virgin Mobile customer terms and conditions in our Standard Form of Agreement which is available at www.virginmobile.com.au
  • VMA will not be liable for any loss or damage suffered or incurred, directly or indirectly, as a result of you relying upon any material downloaded or received via our service or from any delay in receiving or failure to receive any material downloaded.

7. VIRGIN MOBILE GAMERS CLUB’ SUBSCRIPTION TERMS

These terms and conditions and the subscription sign up information set out in the subscription application form (“Agreement”) apply to your subscription to the Gamers Club service (“Service”) on Virgin Mobile Games (“Site”). By using the Service you agree to be bound by this Agreement. We may change these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

In this Agreement "Content" means all mobile games and other content made available on the Site. A reference to “We”, “Us” or “Our” is a reference to Virgin Mobile (Australia) Pty Limited.

1. Services

1.1 To be eligible for the Service you must be a customer of Ours, have a handset compatible with the Service and have accumulated 3,000 or more loyalty points for Content you have paid for on the Site. Once you have subscribed, you may access the Services and download Content from the Site to your wireless communication mobile device (“Mobile Phone”) subject to the terms of this Agreement.

1.2 You can sign up to the Service by clicking on the “SIGN UP” button (or equivalent) and then (having read this Agreement) clicking on the “SUBCRIBE” button (or equivalent) on the payment page. If you do not agree to be bound by this Agreement, you may either use the “CANCEL” button or the “BACK” button.

1.3 The Service provides you with access to a catalogue of Content for free. Access is obtained by accumulating points (“Loyalty Points”) for paid-for downloads.

1.4 We may alter or remove the Content offered as part of the Service at any time without notice. When using the Content your Mobile Phone may require access to your mobile network. When you access Content it will be downloaded to your default location which will be either your phone memory or storage/memory card.

2. Accumulating Points

2.1 You will receive loyalty points for Content you pay for from the Site (“Loyalty Points”). The number of points each piece of Content is worth will be advised in terms on the site. When you accumulate 3,000 points you will be able to download free Content from a category of content on the Site. If you do not have more than 3,000 points you will not be able to download free Content from the relevant category on the Site. Please note that We determine the categories and variety of free content available to you at any time.

2.2 Points are not transferrable to other handsets or third parties (whether Virgin Mobile customers or not).

3. Receiving Notifications from Us

Each month we will send you an SMS message notifying you of any special offers relating to the Service. It is a condition of the service that you agree to receive such notifications from us. If you do not wish to receive the notifications you may cancel your subscription to the service at any time (see section 4 below). You can opt out of messages on the site and this will not affect your accumulation of loyalty points.

4. Cancelling this Agreement

4.1 You stop using the Service at any time by clicking the “UNSUBSCRIBE” button on the “My Account” page (or equivalent).

4.2 We may stop providing the Service (including free content) at any time. If you have points accumulated at the time we cease offering the Service, those points will lapse.

5 Intellectual Property and Restrictions

5.1 This Agreement grants to you a non-exclusive, non-transferable licence to use the Site, Services and Content for non-commercial purposes only on the Mobile Phone to which it is initially downloaded on and subject to this Agreement. All Content and the copyright and all other intellectual property rights in the Site, Services and Content are owned by Us our affiliates or licensors. We may also grant licences to use the Site, Services and Content to third parties.

5.2 To the maximum extent permitted by law, you agree not to sell, assign, sub-license, distribute, create derivative works of, loan, copy, modify, reverse engineer, or otherwise exploit or transfer any right in the Content, Site or Services or any part thereof. You shall notify Us promptly if you become aware of any unauthorised use of the Site, Content or the Services by any person. You are responsible for any misuse of the Site, Services or the Content even if it is by another person using your Mobile Phone to access the Site, Services or the Content.

 

6. Warranties

THE SITE AND THE SERVICES ARE PROVIDED AND THE CONTENT IS LICENSED TO YOU “AS IS.” WE, ALONG WITH OUR AFFILIATES AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SITE CONTENT AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED TERMS OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE (TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW). WE, OUR AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

7. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF PROFITS), EVEN IF WE, OUR AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY OR THAT OF OUR AFFILIATES OR LICENSORS, FOR ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF THE CHARGES PAID BY YOU FOR THE SERVICES AND/OR THE CONTENT OR ONE HUNDRED DOLLARS AU.

8. Data Protection and Privacy

To the extent that that any data protection, privacy or similar laws apply to this Agreement, we comply with, the provisions of such laws and our privacy policy.

9. Explicit Content

Some of the Content may be explicit and subscriber discretion is advised. We accept no liability for any claim, loss or damage associated with Content being deemed or seeming explicit, vulgar, offensive, obscene, defamatory or otherwise unacceptable to any subscriber.

10. General

10.1 This Agreement is governed by the laws of New South Wales and we both agree that any disputes will be settled in the the exclusive jurisdiction of the Courts of New South Wales.

10.2 If any of the terms in this Agreement are not valid or legally enforceable, that term will be modified to make it valid or legally enforceable. All other terms will not be affected.

10.3 This Agreement constitutes the entire agreement between you and Us regarding the Site, Services and Content and replaces any prior agreement relating to the Site, Services and Content. None of the parties shall be liable in respect of any representation not contained in this Agreement or on the Site unless it was made fraudulently. A copy of this Agreement will be available on the Site for so long as the Services are available.

10.4 We may transfer this Agreement to any other third party at any time without consent.

8. GAME OF CHANCE - EA RETRO XMAS PROMOTION - Terms and Conditions

  1. Information on how to enter and prizes forms part of these Terms and Conditions.  Entry into the EA Retro Xmas Promotion (“Promotion”) is deemed to be an acceptance of these Terms and Conditions.
  2. Promotion commences 12pm 1 December 2010 (AEST) and entries close at 12pm 31 January 2011 (AEST) (“Promotion Period”).
  3. Entry is open to all residents of Australia who are Virgin Mobile customers who are WAP enabled however, employees (and their immediate families) of the Promoter, or agencies or companies associated with the conduct of this Promotion, are ineligible to enter.
  4. To enter, entrants must, during the Promotional Period download any EA mobile game from the special promotional pages on the Vibe WAP site to be in with a chance to win. Entrants may enter as many times as they like.  Cost of entry into the competition is limited to the retail price of the game purchased being either of $6.95, $5.95 or $4.95 (as applicable). 
  5. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.
  6. Incomplete or indecipherable entries will be deemed invalid.
  7. The prize pool comprises:
    • 1 Grand Prize being the Retro Arcade Table valued at $2980 (“Grand Prize”).
    The total value of the prize pool is $2980 (including GST).
  8. All valid entries received during the Promotion Period will be entered into the draw which will be held at the offices of Mirror Image Access Australia Pty Limited of Level 2, 221 Miller Street NSW 2060 at the following times:
    • Grand Prize to be drawn at 1pm on 2 February 2010 (“Grand Prize Draw”).
  9. The first valid entry drawn in the Grand Prize Draw will win the Grand Prize. The Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  10. Prize is subject to the standard terms and conditions of individual prize and service providers.
  11. In the event that for any reason whatsoever the winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner.
  12. The Prize (including any unused portion) cannot be transferred, exchanged or redeemed for cash.  The Promoter retains the right to substitute the Prize with a prize of equal or greater value (including where the Prize is unavailable), subject to approval of the gaming authorities in each State and Territory where relevant.
  13. The winners will be notified in writing by post and phone within 48 hours of the draw (ie by 4 February 2011) and the names of the winners will be published in The Australian as follows:

    (a) for the Grand Prize Winner, Wednesday 16 February 2011.

  14. The Promoter may conduct such further draws at Mirror Image Access Australia Pty Limited, Level 2, 221 Miller Street North Sydney NSW 2060 as follows:
    • Grand Prize to be drawn at 1pm on 2 May 2011 (“Grand Prize Draws””).

    (or such earlier date approved by the gaming authorities) as are necessary for an unclaimed prize, subject however to any directions from a regulatory authority. The winners of any unclaimed prize will be notified by telephone and post and details of the winner of any unclaimed prize draw will be published in The Australian  as follows:

    (a) for the Grand Prize Winner, 16 May 2011.

  15. The Promoter’s decision is final, and no correspondence will be entered into, including in the event of a dispute.  The Prize must be taken as offered and cannot be varied.
  16. In the event that a Prize winner is a person under the age of 18, the Prize will be awarded to the winner’s nominated parent or guardian.
  17. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  18. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
  19. Any cost associated with accessing the promotional website or wapsite is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  20. The Promoter is not responsible for any incorrect or inaccurate information, either caused by promotional website or wapsite users or by any of the equipment or programming associated with or utilised in this Promotion, or by any technical error that may occur in the course of the administration of this Promotion.  The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
  21. If for any reason this Promotion is not capable of running as planned due to any reason, including but not limited to infection by computer virus, bugs tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion.
  22. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the Prize.
  23. All claims and entries become the property of the Promoter.  The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion.  By entering this Promotion, each entrant is taken to consent to the Promoter using the entrant’s personal information to administer the Promotion, announce the winners and disclosing the entrant’s personal information to organisations that assist the Promoter with administering the Promotion and announcing the winner, and to third parties as required by law (including authorities that regulate this Promotion).  The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, the entrant is taken to consent to the Promoter’s privacy policy. See www.virginmobile.com.au to view the Promoter’s privacy policy in full. An entrant may access and correct any personal information held by the Promoter, upon request to the Promoter.
  24. The Promoter is Virgin Mobile (Australia) Pty Ltd (ABN 67 092 726 442) Level 8 213 Miller Street North Sydney NSW 2060.
  25. Authorised under NSW Permit No LTPS/10/10880 and ACT Permit No TP 10/04970.

9. airG Win a Westfield Gift Card Competition - Terms and Conditions

  1. Information on how to enter and prizes forms part of these conditions of entry. Submission of an entry is deemed acceptance of these conditions of entry.
  2. Entry is only open to all Australian residents who are Virgin Mobile Australia customers of the Promoter (“Eligible Entrants”).
  3. Employees (and their immediate families) of the Promoter, airG (Australia) Pty Ltd., participating retailers and agencies associated with this promotion are ineligible to enter.
  4. Promotion commences at 00:01 (AEST) on Friday 1 July 2011. Entries close and must be received by 23:59 (AEST) on Sunday 31 July 2011 ("Promotional Period"). The draw will take place at MNET Group Limited, Level 2, 8 Leigh Street, Adelaide SA 5000, at 10:00 (AEDT) Monday 15 August 2011. The winners will be notified by a phone call and in writing within two (2) working days of the draw and the winners’ names will be published in The Australian on Monday 22 August 2011. An entry is deemed to be received at the time of its receipt by the Promoter and not at the time of transmission by the entrant.
  5. To enter, Eligible Entrants must, during the Promotional Period:

    a. login to any of the airG Chat products with a pre-existing airG username;

    b. OR sign up to any of the airG Chat products by creating a unique username, using a compatible Virgin Vibe handset via the Virgin Vibe mobile site (an “Eligible Purchase”). All entrants who make a login or sign up to airG Chat products during the Promotional Period will automatically be entered into the Competition.

  6. Any costs associated with accessing are the entrant’s responsibility and may depend upon the entrant’s usage plan.
  7. The Promoter reserves the right to verify the validity of entries and entrants (including an entrant’s identity, age and address) and to disqualify any entrant who submits an entry that is not in accordance with these conditions of entry or who tampers with the entry process (including but not limited to tampering by way of use of automatic entry software or techniques designed to avoid payment of premium call or SMS costs). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  8. Incomplete, indecipherable or illegible entries will be deemed invalid. Any incorrect details submitted may render the corresponding entry invalid.
  9. Entries are limited to one (1) per Virgin Mobile Australia handset.
  10. The Promoter's decision is final and no correspondence will be entered into.
  11. If there is a dispute as to the identity of an entrant, the entrant will be deemed to be the person in whose name the corresponding Virgin Mobile Australia phone account is held.
  12. The first ten (10) valid entries randomly drawn from all valid entries received will each win 1 x Major Prize package to the value of $200 (RRP). Prize package is as stated below:
    Prize Prize Details RRP ($A) Total Prize Value ($A)
    10 x Major Prize $200 Westfield Gift Cards $200 $2000
    (Including GST)
  13. Subject to the unclaimed prize draw clause, if for any reason whatsoever a Prize winner does not redeem their Prize or an element of their Prize by the time stipulated by the Promoter, then the Prize or that element of the Prize will be forfeited by the Prize winner and neither cash nor any other prize will be awarded in lieu.
  14. If a Prize (or part of any Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with an alternative prize to the equal value and/or specification, unless to do so would be prohibited by law and subject to any written directions from a regulatory authority.
  15. If for any reason whatsoever beyond the reasonable control of the Promoter, the promotion is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any entrant; and/or (b) subject to any written directions from a regulatory authority, to cancel, suspend, modify, terminate or cancel the promotion, subject to government legislation.
  16. Total prize pool value is up to the maximum value of AU$2000 (RRP) inc GST
  17. Unless otherwise stipulated, no Prize is transferable, exchangeable or redeemable for cash.
  18. If required, an unclaimed prize draw may take place on Monday 14 November 2011 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners’ will be notified by mail and winners’ names will be published in The Australian on Monday 21 November 2011.
  19. Except for any implied condition or warranty the exclusion of which from these conditions of entry would contravene any statute or cause any part of these conditions of entry to be void (“Non Excludable Condition”), the Promoter excludes from these conditions of entry all conditions, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, the Promoter (including its officer, employees and agents) excludes all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss or profits) whether direct, indirect, special or consequential, arising in any way out of the promotion, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control): (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these conditions of entry ; (e) any tax implications; and/or (f) a prize or use of a prize.
  20. Each entrant consents, if the entrant becomes a winner, to the Promoter using the entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome), the Promoter and or products/services supplied by the Promoter.
  21. All claims and entries become the property of the Promoter. The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion. By entering this Promotion, each entrant is taken to consent to the Promoter using the entrant’s personal information to administer the Promotion, announce the winners and disclosing the entrant’s personal information to organisations that assist the Promoter with administering the Promotion and announcing the winner, and to third parties as required by law (including authorities that regulate this Promotion). The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, the entrant is taken to consent to the Promoter’s privacy policy. See www.virginmobile.com.au to view the Promoter’s privacy policy in full. An entrant may access and correct any personal information held by the Promoter, upon request to the Promoter.
  22. The Promoter is VIRGIN MOBILE (AUSTRALIA) PTY LIMITED ABN 67 092 726 442 of Lyonpark Rd, Macquarie Park NSW 2113 Australia (the “Promoter”).
  23. NSW LTPS/11/05264, ACT Permit No. TP 11/02320

10. Virgin Million Tracks Promotion – Terms and Conditions

Offer Terms

The offer entitles you to buy one track and get one track free. When you buy one music track during the dates specified you will receive one music track for free. Offer will start at 09:00 AEST on 15th August 2011 and will end at 09:00 AEST on 22 August 2011. Offer subject to availability and may be changed or withdrawn without notice by Virgin Mobile Australia at any time. Customers must redeem their free track within 5 days of purchasing their paid for track. Offer has no cash alternative.

Generic Terms & Conditions

Music Download Service

  1. Access- You may access the Virgin Mobile Music Download Service ("Service") in the following ways:
    a. Access the Virgin Mobile Music Store (http://virgin.miaccess.com/vm/ ) using your Virgin Mobile handset (only available to Virgin Mobile customers); and
  2. The Service- When using the Service, You may:
    a. stream a short segment of music (if applicable) ("Streamed Content") to your mobile handset; and/or
    b. Purchase and download a music file (in MP3 format) to your mobile handset.
  3. Streamed Content Licence- Virgin Mobile Australia (Virgin) grants you a non-exclusive, non-transferable licence to stream the Streamed Content to your mobile handset for your personal, non-commercial, entertainment use. You may receive up to a maximum of 15 seconds of Streamed Music to your mobile handset. Streamed Music is provided for promotional purposes only.
  4. Purchased Content Licence- If You purchase Purchased Content, Virgin grants you a non-exclusive, non-transferable licence to download the Purchased Content file to your mobile handset for your personal, non-commercial, entertainment use. You may re-download a Purchased Content file up to 10 times within 5 days of purchasing the original Purchased Content file if You have difficulties downloading the original Purchased Content file or the Purchased Content file on your mobile handset is lost or destroyed. You may only store a Purchased Content file on up to 1 mobile phone at a time.
  5. Use of Content- You represent, warrant and agree that You will use the Music Content only for Your personal, non-commercial, entertainment use and not for any redistribution of the Music Content or other use restricted in this clause. You agree not to infringe the rights of the Music Content’s copyright owners and to comply with all applicable laws in your use of the Music Content. Except as expressly provided for in these Music Download Terms, you agree not to exercise any copyrights in the Music Content and must not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license, or otherwise transfer or deal with the Music Content or alter, tamper with or remove any copyright notice, trademark, logo, symbol or such other labelling as may be featured on a Purchased Content file. Without limitation, you are not granted any synchronisation, public performance, promotional use, commercial sale, resale, and reproduction or distribution rights for the Music Content. You acknowledge that the Music Content embodies the intellectual property of a third party or parties and is protected by law.
  6. Download limits- If you pay for Purchased Content using your Virgin mobile account, there is a $20 download limit per transaction (“Download Limit”). In addition to the Download limit, if you are a Post-Paid customer you can spend up to a maximum amount of $100 per month on products and services purchased on the Virgin Mobile Music website or portal. If you are a Pre-Paid customer the amount that you can spend on products and services per month is limited to the amount of credit available on your account. All charges incurred in respect of the service may be charged to your Virgin mobile account. A music file will cost the amount displayed at the time of purchase. If the music file is purchased from your mobile handset, mobile data charges may apply.
  7. Warranties- Subject to the requirements of law, which include relevant fair trading legislation and the Trade Practices Act 1974 (Cth), all Music Content are provided to You on an ‘as-is’ basis without warranties of any kind, and Virgin disclaims all warranties, either express or implied, including but not limited to, (a) uninterrupted or continuous availability of the Service and (b) implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the service and website and any services provided by Virgin Mobile.
  8. Liability- To the maximum extent permitted by applicable law, under no circumstances shall Virgin Mobile be liable for any indirect, incidental, consequential or special damages, (even if You have been advised of the possibility of such damages), arising from the use of a music file or performance under or failure of performance of the Service.
  9. Termination- To the maximum extent permitted by applicable law, Virgin may, without any liability to you whatsoever, immediately and without notice to You terminate or cease providing You with the Service if You breach or Virgin suspects that You breach any of these Terms and Conditions.
  10. Mobile handsets- Music Content is only available on compatible handsets and is not available to iphone customers.