KDDI Australia Data Plan

These customer terms (Customer Terms) set out the standard terms and conditions that apply to your use of data services provided by KDDI Australia Pty Ltd (KDDI, we, us or our) (the KDDI Data Plan) in connection with a streaming service provided by Toyota Motor Company Australia (Toyota) (the Connected Streaming Service).

(a) These Customer Terms should be read together with other documents that form part of your Contract with us.

(b) Words or phrases capitalised in these Customer Terms are defined in clause 20.

(a) Your Contract with us sets out the details of your KDDI Data Plan and is made up of:

(i) these Customer Terms;

(ii) the KDDI Data Plan Details for your KDDI Data Plan;

(iii) the Critical Information Summary for your KDDI Data Plan; and

(iv) the Fair Use Policy.

(b) To the extent any of the documents that make up the Contract conflict or are inconsistent with each other, the document listed first in clause 2(a) takes precedence.

(c) You should read all the Contract terms carefully so that you understand all of your rights and obligations before you use your KDDI Data Plan.

(d) You may obtain a copy of any of the documents forming part of the Contract from our website.

When purchasing a Connected Streaming Service from Toyota, you agree to these Customer Terms and enter into the Contract with us which:

(a) governs your purchase of a KDDI Data Plan only; and

(b) is a separate agreement to your contract with Toyota for the Connected Streaming Service.

(a) These Customer Terms start on the date that you agree to the Contract (Commencement Date).

(b) These Customer Terms will continue from the Commencement Date until all of your KDDI Data Plans have been cancelled by you or us in accordance with clause 9 or 10 (as applicable) of these Customer Terms.

(a) Your KDDI Data Plan will commence on the date your KDDI Data Plan is activated and will continue until the end of the current Invoicing Period, unless it is cancelled by you or us in accordance with clause 9 or 10 (as applicable) of these Customer Terms or extended in accordance with clause 4.2(b) of these Customer Terms.

(b) If your KDDI Data Plan is not cancelled by you or us in accordance with clause 9 or 10 (as applicable) of these Customer Terms, it will automatically extend at the end of each Invoicing Period for a further Invoicing Period.

(a) We will provide you with your chosen KDDI Data Plan (as further described in the KDDI Data Plan Details) during each Invoicing Period.

(b) We will provide your KDDI Data Plan using the Network.

(c) We will provide your KDDI Data Plan to the standards required by law, including those required under the consumer guarantees in the Australian Consumer Law and Customer Service guarantees under ACMA's Telecommunications (Customer Service guarantee) Standard 2011.

(d) Given the nature of your KDDI Data Plan (including our reliance on facilities that we do not own or control), we cannot promise that your KDDI Data Plan or the Network that supplies your KDDI Data Plan are free from faults, interruptions and congestion.

(e) Neither we nor our suppliers can guarantee the secure transmission of communications and data across the Network.

Your KDDI Data Plan is only available for use in compatible Vehicles, in connection with a Connected Streaming Service that you purchase from Toyota.

(a) You are liable for any use of your KDDI Data Plan in your Vehicle, whether or not you have authorised it.  You must ensure that any person you allow to use your KDDI Data Plan complies with the Contract as if they were you.

(b) In using your KDDI Data Plan, you must:

(i) comply with all laws, regulations and guidelines;

(ii) comply with any terms, rules or regulations imposed by a third party whose content, networks or services you may access or use (including any third party streaming service);

(iii) comply with all provisions in the Contract (including the Fair Use Policy);

(iv) only use your KDDI Data Plan for your own personal use;

(v) not use or allow another person to use your KDDI Data Plan for improper or illegal activities;

(vi) not use your KDDI Data Plan in a way that:

(A) endangers the health or safety of any person or negatively impacts on the normal operation of the Network or systems over which your KDDI Data Plan is supplied; or

(B) damages or interferes with any of our, or our suppliers, telecommunications equipment, sites, or facilities;

(vii) not send excessive unsolicited data to third parties using your KDDI Data Plan;

(viii) not menace or harass any person or intentionally cause damage or injury to any person or property or incite hatred against any person;

(ix) not expose us or our suppliers to any liability or risk of any legal or administrative action including prosecution under any law or damage our, or our suppliers, reputation; and

(x) not use, transmit, publish or communicate material which is defamatory, false, discriminatory, offensive, immoral, indecent, obscene, pornographic, racist, menacing, threatening, abusive, in breach of a person's rights (including intellectual property rights) or confidentiality obligations or which may promote others to engage in such acts.

(c) You also agree that you will not share, resell or resupply your KDDI Data Plan to another person for reward or payment.

(d) Whenever you provide information to us, it must be true, complete and not misleading.

You must comply with our Policies.  We may update our Policies from time to time by providing you with written notice.

(a) You must always cooperate with us, comply with our reasonable directions and provide any information and reasonable assistance which we may require from time to time:

(i) to enable us to provide your KDDI Data Plan, address any problems that arise, resolve any disputes or complaints and to meet our obligations to our suppliers;

(ii) to investigate any fraudulent use or other misuse of your KDDI Data Plan; and

(iii) for safety, security or reliability of your KDDI Data Plan, compliance with law or when dealing with an emergency.

(b) Any information you provide to us must be true and correct.

(c) When you interact with our staff, you agree to be respectful at all times. You must not harass our staff or be rude or be misleading to our staff. If you breach this requirement, you may receive a written warning. If you breach this requirement again, you will be in material breach of your Contract and we may:

(i) suspend or restrict your access to your KDDI Data Plan; or

(ii) cancel your Contract,

in accordance with clause 10.

You must notify us if you are selling or transferring your Vehicle to which a KDDI Data Plan is provided.

(a) If you have purchased your Vehicle directly from Toyota, your KDDI Data Plan may be provided to you for a free trial period of up to 3 months. During this free trial period, you will not be required to pay the Charges for your KDDI Data Plan.

(b) The KDDI Data Plan will automatically cancel at the end of the free trial period unless you opt-in to a paid subscription for the KDDI Data Plan.

(c) Each Vehicle is eligible for a maximum of one free trial.

(d) We may end a free trial period at any time in accordance with this clause 7.1(d), including prior to the completion of the free trial period. We will provide you with at least 30 days' written notice before we end a free trial period, unless we are otherwise permitted to cancel your service as set out in clause 10.

(a) The total Charge for your KDDI Data Plan is set out in the KDDI Data Plan Details.

(b) Charges may also be on our website or notified to you.

(c) The Charges may change from time to time in accordance with clause 15.

Subject to clause 7.1, you are responsible for all usage and Charges for your KDDI Data Plan (whether incurred by you or someone else using your KDDI Data Plan) including:

(a) Charges for your access to, and use of, your KDDI Data Plan; and

(b) other charges or expenses, including out of pocket expenses such as a subscription with a third party streaming service and any applicable fees payable to that third party streaming service provider, which we may ask you to pay before providing your KDDI Data Plan. We may decline to provide your KDDI Data Plan if you decline to pay those expenses.

We have appointed Toyota as our agent to issue tax invoices and collect payments for and on behalf of us, for any fees or charges payable by you to us for your KDDI Data Plan.

Unless the applicable KDDI Data Plan Details says otherwise, your "invoicing period" is one calendar month (the Invoicing Period). The first Invoicing Period starts on the day your KDDI Data Plan is activated.

Unless the applicable KDDI Data Plan Details says otherwise, you will receive an invoice at the start of each Invoicing Period from Toyota, which sets out the Charges for your KDDI Data Plan for that Invoicing Period, as well as any applicable charges for the Connected Streaming Services you procure from Toyota.

Your invoices are sent by email from Toyota. You will receive an invoice each Invoicing Period. Payment to Toyota as our payment collections agent is payment to us and failure to pay Toyota for your KDDI Data Plan is a failure to pay us.

(a) Unless the applicable KDDI Data Plan Details says otherwise, your KDDI Data Plan is a prepaid service, and you must set up a direct debit arrangement with Toyota for the payment of your KDDI Data Plan. You will be charged the Charges at the beginning of each Invoicing Period.

(b) If we (or Toyota as our payment collections agent) are unable to receive payment from you, your direct debit arrangements are cancelled, or if you cause a reversal of direct debit charges, then we may suspend or cancel your KDDI Data Plan.

(a) Unless expressly stated otherwise, all amounts payable in your Contract are exclusive of GST.

(b) If any amount is expressed to be inclusive of GST, the GST inclusive price assumes a GST rate of 10%. If the rate of GST changes, the GST inclusive price will be adjusted to reflect that change.

(c) If GST is payable on a taxable supply made under or in connection with your Contract, we may recover from you the amount of that GST ("GST Amount") in addition to any payment otherwise payable for the supply.

(d) You must make payment of the GST Amount to us at the same time and in the same manner as you provide the consideration for the relevant supply, subject to your receipt of a tax invoice from on or before the due date for payment.

(a) You can cancel your KDDI Data Plan at any time by contacting Toyota.

(b) Your Contract will end at the end of the then-current Invoicing Period, and you will continue to have access to your KDDI Data Plan until the end of the then-current Invoicing Period. Your Connected Streaming Service cannot be activated without your KDDI Data Plan and your associated Connected Streaming Service will automatically cancel if you cancel your KDDI Data Plan.

(c) Your KDDI Data Plan will automatically cancel if you cancel your associated Connected Streaming Service with Toyota (in accordance with the terms applicable to your Connected Streaming Service, as between you and Toyota).

(a) We may cancel, suspend or restrict your Contract or your access to your KDDI Data Plan, by notice to you (if practicable or required below):

(i) if you are in material breach of your Contract, and that breach either cannot be remedied or you do not remedy the breach within 14 days of us asking you to remedy the breach;

(ii) if you breach our Fair Use Policy, and either:

(A) the Fair Use Policy permits us to cancel, suspend or restrict your Contract or your access to your KDDI Data Plan in connection with that breach; or

(B) you do not remedy the breach within 30 days of us asking you in writing to remedy the breach;

(iii) if you have failed to pay any Charges when they are due;

(iv) if your associated Connected Streaming Service has been cancelled, suspended or restricted;

(v) if we reasonably believe that you are a serious credit risk or we are unlikely to receive or retain payments from you for amounts payable under the Contract, and you do not provide evidence to our reasonable satisfaction demonstrating that you are not a serious credit risk within 14 days of us asking you to do so;

(vi) if we reasonably believe that it is necessary to do so:

(A) because you no longer use the Vehicle to which a KDDI Data Plan is provided;

(B) to protect the security or integrity of the Network;

(C) to protect any person or property from a serious risk of death, personal injury or harm;

(D) due to fraud, illegal conduct or attempted fraud or illegal conduct, by you or someone else using your KDDI Data Plan;

(E) to respond to an emergency or to assist emergency services; or

(F) for events beyond our control, including in response to a threat to public health or safety or the health and safety of an individual, coverage, technical or capacity reasons;

(vii) if we have reasonable grounds to believe that you have provided false or misleading information;

(viii) if we reasonably believe that you or anyone acting on your behalf (including your representative) is acting unreasonably towards us or our employees, partners or contractors, including if we reasonably believe that that you or anyone acting on your behalf (including your representative):

(A) engages in or commits abuse, aggression, bullying, threats or behaviour which presents a risk to the health and safety of our employees, partners and contractors;

(B) communicates or behaves in a manner that places excessive or unreasonable demands on our employees, partners, or contractors; or

(C) has made multiple complaints without a reasonable basis and you continue to make such complaints after we have asked you to stop;

(ix) if we are required to do so due to a requirement in our agreement with a supplier, by law or order of a court or other competent authority;

(x) if you die;

(xi) if you become a carrier or carriage service provider; or

(xii) for any reason determined by us, acting reasonably, by providing you with at least 30 days' written notice.

(b) Without limiting our rights above, we may also suspend or restrict your access to your KDDI Data Plan, by notice to you (if practicable) if we reasonably believe it is necessary:

(i) as a result of an emergency affecting our ability to provide your KDDI Data Plan;

(ii) to facilitate the maintenance of the Network; or

(iii) to prevent you or someone else that uses your KDDI Data Plan from breaching or continuing to breach the Policies.

If we cancel, suspend or restrict your access to your KDDI Data Plan for any of the reasons set out in clause 10.1 above, we will endeavour to give you as much notice as reasonably possible before cancelling, suspending or restricting your access to your KDDI Data Plan. We must at least provide you with the notice and remedy periods (if any) required under clause 10.1 above.

We will only continue a suspension or restrict your access to your KDDI Data Plan for so long as is reasonably necessary to address the event giving rise to the suspension or restriction.

If we cancel your KDDI Data Plan or Contract, you will be entitled to a refund of any unused value of your KDDI Data Plan in the applicable Invoicing Period.

On cancellation of your KDDI Data Plan:

(a) we will stop providing your KDDI Data Plan to you at the end of the Invoicing Period in which you cancel;

(b) you will no longer be able to use your KDDI Data Plan; and

(c) your associated Connected Streaming Service will automatically cancel.

We will take reasonable steps to notify you before we or our suppliers need to maintain the Network, or other equipment used to provide your KDDI Data Plan, in ways that may interfere with your use of your KDDI Data Plan.

(a) If you experience a fault with your KDDI Data Plan, please contact us. Before reporting a fault, you should take steps to ensure that the fault is not being caused by your Vehicle, your incorrect use of your KDDI Data Plan or something else that is outside the Network.  You should not report a fault directly to our suppliers.

(b) We will take reasonable steps to repair faults in our Network within a reasonable time. If the fault relates to our supplier's facilities, we will take reasonable steps to have our supplier repair the fault within a reasonable time.

(c) You must provide any assistance that we or our supplier reasonably requires to enable us or our supplier to investigate a fault and restore your KDDI Data Plan.

Nothing in your Contract excludes, restricts or limits your rights under the Australian Consumer Law or any other law in relation to your KDDI Data Plan.

To the extent permitted by law, including the Australian Consumer Law, we give no condition, warranty or undertaking and we make no representation to you about the condition or suitability of your KDDI Data Plan provided under a Contract, its quality, fitness or safety, other than those set out in the Contract. We do not warrant or represent the performance, accuracy, reliability or continued availability of your KDDI Data Plan, or that your KDDI Data Plan will operate free from faults, errors or interruptions.

To the extent permitted by law, including the Australian Consumer Law, our liability for breach of implied conditions, warranties or undertakings is (at our option) limited to:

(a) providing equivalent services to your KDDI Data Plan provided under your Contract; or

(b) paying you the cost of replacing your KDDI Data Plan, or acquiring equivalent services, provided under your Contract.

(a) Subject to clauses 13 and 14.3, we are liable to you for:

(i) our breach of the Contract; and

(ii) any other matter for which our liability may not be excluded at law.

(b) Subject to clauses 13.3 and 14.4, to the extent permitted by law, our aggregate liability to you under or in connection with the Contract, whether in contract, tort (including negligence), statute, equity or otherwise is limited to $500.

(a) Subject to clause 13 and 14.3, you are liable to us for:

(i) your breach of the Contract; and

(ii) any other matter for which your liability may not be excluded at law.

(b) Subject to clause 14.4, to the extent permitted by law, your aggregate liability to us under or in connection with the Contract, whether in contract, tort (including negligence), statute, equity or otherwise is limited to $500.

(a) You are not liable to us, and we are not liable to you, for any indirect or consequential loss, or any economic loss, business interruption, loss of revenue, profits, anticipated savings, actual or potential business opportunities or contracts, loss of data or loss of vehicle functionality, or for any obligation to indemnify another person or any obligation to contribute to the compensation of loss or damage suffered by another person except where the obligation to indemnify or contribute is set out in the Contract.

(b) We are not liable to you for losses to that extent that such losses:

(i) were caused by you or anyone using your KDDI Data Plan;

(ii) result from your failure to take reasonable steps to avoid or minimise your loss;

(iii) arise as a result of events beyond our reasonable control;

(iv) arise in connection with the suspension or restriction of your KDDI Data Plan by us in accordance with clause 10;

(v) arise in connection with maintenance or outages, where we will endeavour to notify you in advance of any planned maintenance or outages and as soon as reasonably practicable in the circumstances for any unplanned maintenance or outages (where such notification may be provided on our website);

(vi) arise in connection with any use of your KDDI Data Plan in a manner that is not permitted under the Fair Use Policy; and/or

(vii) arise in connection with faults or defects in your KDDI Data Plan to the extent that they are caused by your own conduct or misuse of your KDDI Data Plan, including any feature, aspect or component of your KDDI Data Plan,

except where we cannot exclude that liability under any applicable laws.

(c) You are not liable to us for losses to that extent that such losses:

(i) were caused by us;

(ii) result from our failure to take reasonable steps to avoid or minimise our loss; and/or

(iii) arise as a result of events beyond your reasonable control.

Notwithstanding the limitations of liability set out in clauses 14.1 and 14.2, your liability to us, and our liability to you, is unlimited in respect of the following matters:

(a) a breach of the Fair Use Policy, other than a minor or trivial breach;

(b) a party's liability for personal injury or death caused by that party's negligence; or

(c) a party's liability for fraud, criminal act or wilful misconduct.

Subject to this clause 15, we may make changes to the Contract at any time.  We can make any changes to the Contract, including:

(a) changes to these Customer Terms;

(b) changes to the features of your KDDI Data Plan; and

(c) changes to the Charges for your KDDI Data Plan; and

(d) changes to these Customer Terms or the features of your KDDI Data Plan where one of our suppliers changes its agreement with us or the services it provides to us.

We may change your Contract without notice to you and with immediate effect by updating these Customer Terms or the relevant document, at https://aus.kddi.com/en/services/kddi-data-service/, if we reasonably consider the change is likely to benefit you or have no effect on you.

(a) If we reasonably consider that a change is likely to adversely affect you, we will provide you with reasonable notice in advance of the change, in view of the nature of the change and any other matters we consider relevant. We will use reasonable endeavours to ensure that we provide you with at least 30 days' notice of any such change.

(b) If you receive a notice of a change from us under clause 15.3(a) you may cancel your KDDI Data Plan by notifying us during the change notice period. Such cancellation will take effect at the end of the then-current Invoicing Period.

We may notify you about changes to your Contract in any way we consider reasonable, such as email or SMS.

(a) We need to collect certain personal information from you, in order for us to provide your KDDI Data Plan to you. This information may be collected by us directly, or may be collected by Toyota and disclosed to us at the time that you purchase a Vehicle from Toyota.

(b) If you do not provide us with your personal information as we (or Toyota) reasonably request in accordance with law, we are entitled to refuse to provide you with your KDDI Data Plan.

(a) We collect, use and disclose your personal information and credit related information in accordance with our privacy policy, available at https://aus.kddi.com/en/services/kddi-data-service/policy/.

(b) We will use your personal information to provide your KDDI Data Plan to you, allocate Charges, provide you with updates and changes to your KDDI Data Plan and generally keep you informed about your KDDI Data Plan.

(c) We will, and you consent to us using your personal information in accordance with our privacy policy, including:

(i) sharing your personal information with our Related Bodies Corporate;

(ii) sharing your personal information with our suppliers in connection with our provision of your KDDI Data Plan to you;

(iii) sharing your personal information with our agents, contractors or other service providers in connection with our provision of your KDDI Data Plan to you or to assist with complaints or disputes;

(iv) sharing your personal information to assist with complying with our obligations at law or relation to any obligations you or we have under the Contract (including billing, service management and diagnostics);

(v) disclosing your personal information as required or authorised by law.

(a) If you need to contact KDDI about your KDDI Data Plan, you can do so by:

(i) emailing us at Toyota.DataPlan@kddi-au.com; or

(ii) calling 1800 869 682 (for Toyota branded vehicles) or 1800 023 009 (for Lexus branded vehicles).

(b) When you contact us about your KDDI Data Plan, you will be directed to Toyota who will triage all queries to determine if they relate to a Connected Streaming Service. Any queries relating to your KDDI Data Plan will be passed on to KDDI.

(a) We are here to help. If you are not happy with any aspect of your KDDI Data Plan, please get in touch with us first about your complaint or if you need assistance.

(b) If you need to contact KDDI about your KDDI Data Plan, you can do so by contacting us at the support lines set out in clause 17(a).

(a) We will investigate all complaints in accordance with our Complaints Handling Policy, a copy of which can be found on our website. If you require a hard copy of the Complaints Handling Policy, please contact us as set out in clause 17(a) or in the Complaints Handling Policy.

(b) If we cannot resolve a complaint to your satisfaction, you may contact the Telecommunications Industry Ombudsman, a dispute resolution service for small business and residential customers who have a complaint about their telephone or internet service in Australia.

(a) Any communication between us and you under your Contract may be, in writing, by telephone or by electronic means (including email, SMS and Toyota applications).

(b) Toyota may provide notices to you (including via their applications) on our behalf. Any such notice provided to you by Toyota will be deemed to have been provided by us under this Contract and will be a valid notice. 

(c) Any communication may be made by electronic means, including through Toyota's applications, unless you request us to send communications to a postal address or we determine that electronic means is not possible.

(d) Any written communication by a party is deemed to have been received:

(i) if sent by mail, two business days after the date of sending; or

(ii) if sent by electronic means, on the earlier of receipt of delivery transmission or the day of transmission (unless notified that the delivery was unsuccessful or delayed).

(a) Business days – a business day is any day that is not a Saturday, Sunday or public holiday in the State or Territory where you live. Unless the context requires otherwise, if you or we are required to do something on a date that is not a business day:

(i) any payment due on a date that is not a business day must be paid on or by the next business day; and

(ii) in any other case, the thing must be done on or by the previous business day.

(b) Document errors – where an error or misprint appears in a document that we provide to you in connection with your Contract, we may re-issue the document or notify you of the error or misprint. Except as required by law, you will not be entitled to a reduction or variation of the Charges as a result of an error or misprint.

(c) Governing law – your Contract is governed by the laws of the State of Victoria.  You and we submit to the jurisdiction of the courts in the State of Victoria.

(d) Transfer of your Contract – we may (acting reasonably) transfer or novate our rights and obligations under your Contract to a third party at any time without your consent. You cannot transfer or novate your rights and obligations under your Contract to any third party without our consent, which will not be unreasonably withheld.

(e) Severability - if any part of these Customer Terms is void or unenforceable, then that part will be taken to be removed and will no longer be a part of these Customer Terms. The remaining parts of the Customer Terms will continue to have full force and effect.

(f) Clauses that continue to apply – clauses 1, 2, 8.3, 8.6, 11, 13, 14, 16, 17, 18, 19, and 20 of these Customer Terms will survive termination or expiry.

In our Customer Terms, a reference to:

(a) a legislative provision or legislation (including subordinate legislation) is to that provision or legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(b) a document (including this document) or agreement, or a provision of a document (including this document) or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated;

(c) a party to this document or to any other document or agreement includes a successor in title, permitted substitute or a permitted assign of that party;

(d) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning; and

(e) if an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.

The following words have the meaning set out below.

You must use your KDDI Data Plan in accordance with this Policy.  You are also responsible for making sure that anyone else who uses your KDDI Data Plan follows this Policy.

The KDDI Data Plan is for your personal, non-commercial use only.  You must not commercialise or resell the KDDI Data Plan. Commercial use includes, but is not limited to, use of the KDDI Data Plan in a vehicle:

• that is part of a fleet; or
• used in connection with a hire-car, taxi, chauffeur or ridesharing service (or similar).

You must not use the KDDI Data Plan in a manner which is 'unreasonable', 'unacceptable' or 'excessive', as set out in this Policy.

You may not use the KDDI Data Plan in any manner which is unreasonable.

Your use of the KDDI Data Plan will be unreasonable if you use it in a manner for which it was not intended.  The KDDI Data Plan is only intended to be used for audio streaming through your vehicle's inbuilt entertainment system and not for any other purposes.

Unreasonable use also includes:

• using the KDDI Data Plan to access the internet for purposes other than accessing streaming services through your vehicle's inbuilt entertainment system;
• using the KDDI Data Plan for any commercial purposes;
• using the KDDI Data Plan for fraudulent purposes;
• wholesaling or otherwise reselling the KDDI Data Plan; and
• any other use that we reasonably consider to be unreasonable, taking into account the purposes for which the KDDI Data Plan has been provided.

You may not use the KDDI Data Plan in any manner which is unacceptable. Unacceptable use includes:

• using any equipment or device that we have not approved to access the KDDI Data Plan;
• using the KDDI Data Plan to access any content that is not intended to be accessible through the KDDI Data Plan;
• using the KDDI Data Plan to distribute or make available any content, except to the extent it is incidental to the use of the streaming services in your vehicle's inbuilt entertainment system;
• using the KDDI Data Plan to distribute or make available material that is indecent, obscene, offensive, pornographic, defamatory, abusive, fraudulent, illegal or confidential;
• using the KDDI Data Plan in any way that is fraudulent or misleading, including if you provide us with false user information to use the KDDI Data Plan;
• breaking any applicable law when using the KDDI Data Plan or using the KDDI Data Plan for any illegal or unlawful purpose;
• infringing any person's intellectual property rights, including copyright, when you use the KDDI Data Plan;
• using the KDDI Data Plan in a manner that does not comply with any rules imposed by any third party whose content or service is accessed using the KDDI Data Plan;
• using the KDDI Data Plan to access, monitor, or interfere with any data, computer, device, network, or system without appropriate authorisation;
• using the KDDI Data Plan in a manner designed to compromise the security of, or interfere with, the operation of the KDDI Data Plan or any other computer, device, network or system; or
• any other use which we reasonably consider to be unacceptable, taking into account the purposes for which the KDDI Data Plan has been provided.

You must not use the KDDI Data Plan in a way which is excessive. Unless your Customer Terms state otherwise, using more than 2GB of data per month:

• for three consecutive months; or
• for four months in any 12 month period,

will be considered excessive.

Where our Service allows you access to the internet, you are responsible for any use or misuse of the Services, even if they were used, with or without your consent, by another person.

You must comply with any rules imposed by any third party whose content or service you access using your Service.

We may block access to, remove, or refuse to distribute any content which you attempt to distribute or access that we reasonably consider is unrelated to the intended use of the Services.

We may be directed by a regulatory or other law enforcement body to remove content from our servers or to prevent users from accessing content from the internet.  We may also be required to remove copyright materials from our servers or to prevent users from accessing copyright materials from the internet by a copyright owner.

We have no obligation to monitor your use of the KDDI Data Plan, or any content that you access using the KDDI Data Plan. However, we may monitor your use or block data transmitted over the KDDI Data Plan, including as required by any applicable law.

We are not responsible for the content of any website you access using the KDDI Data Plan.

If we reasonably consider that your use is excessive, but not unreasonable or unacceptable, we may contact you and ask you to change how you use the KDDI Data Plan.  If you do not change your use of the KDDI Data Plan as we reasonably require in our notice, we may suspend or cancel your KDDI Data Plan with or without providing you with further notice.

If we reasonably consider that your use is unreasonable, unacceptable or highly excessive, or if you otherwise breach the terms of this Policy, we may suspend or cancel your KDDI Data Plan immediately without prior notice.

This Payment Assistance Policy (Policy) explains how KDDI Australia Pty Ltd (KDDI, we, us or our) helps customers who are experiencing financial hardship. It has been prepared in accordance with the Telecommunications (Financial Hardship) Industry Standard (2024) (the Standard).  This Policy sets out how we will support eligible customers who apply for financial hardship assistance, ensuring they receive appropriate care and support, and remain connected.

We will not charge customers for applying for, or accessing, financial hardship assistance, and disconnection will only be considered as a measure of last resort.

You are eligible to apply for financial hardship assistance if you are a former or current KDDI customer and:

• you are unable to pay what you owe under your agreement with us due to financial hardship circumstances; and
• you believe that the financial hardship assistance options we offer will allow you to meet your financial obligation.

Financial hardship may occur if you find yourself unable to pay an amount that you owe to us under your agreement with us due to any of the following circumstances:

• personal or household illness;
• unemployment;
• low or insufficient income, including reduced access to income;
• being a victim/survivor of domestic or family violence;
• a change in personal or family circumstances, including a death in the family;
• a natural disaster;
• unexpected events or unforeseen changes that have impacted your income or expenditure; or
• other reasonable causes.

We offer a range of options for assistance, tailored to meet your circumstances.

Depending on the circumstances, not all options will necessarily be appropriate or suitable, and we will work with you to agree on an arrangement for assistance that is realistic and appropriate to suit your personal situation.

We offer the following options for assistance:

• providing you with a refund;
• giving you more time to pay an invoice;
• discounting an invoice charge;
• applying a credit to your account;
• applying credits to your account when you make payments;
• controls on how you can incur charges, including spend controls;
• adjusting your account settings to prevent your KDDI Data Plan from being disconnected; or
• offering a free, non-automatic payment method.

If you are experiencing financial hardship, have a right to apply for financial hardship assistance, at no cost to you. Please contact us so we can discuss your options. 

If you need accessibility support (for example, because of a disability or a language other than English), we can help you apply or access information about this Policy.

We will only ask for information or evidence that is strictly necessary to assess your application and eligibility. We may ask you to provide relevant documents, which may include:

• a statutory declaration or official written communication from a person or support group that is familiar with your circumstances;
• evidence of the steps you have taken to manage your financial situation, including where you have consulted a recognised financial counsellor;
• a statement of your financial position, which may include copies of relevant bank statements or documents relating to your employment status and income;
• a medical certificate; or
• any other documentation as reasonably required by us to substantiate that your application for financial hardship assistance is appropriate in your circumstances.

Where you are applying for short term assistance or it appears that you may be a victim survivor of domestic or family violence, we will not request that you provide proof of your financial situation.

We may cancel any financial hardship application or arrangement if false, inaccurate or misleading information has been provided.

We will only keep a copy or record of any information that you provide for the purposes of assessing your application and eligibility for the period that is required to complete the assessment. We will always ensure that your personal privacy is maintained in accordance with the Privacy Act 1988 (Cth).

We will provide you with an estimate of how long it will take us to complete our assessment, which will be within five (5) business days of receiving your complete application.

We aim to advise you of the outcome of our assessment as soon as possible, and within two (2) business days of completing the assessment.

We will advise you immediately if it becomes clear that you are not eligible for financial hardship assistance.

An arrangement for assistance will start as soon as you indicate to us that you agree to the arrangement we offer.

You can keep track of the progress of your application by contacting us at any time.

During the term of a payment assistance arrangement:

If you do not meet the terms of the arrangement, we may terminate it early and your account may be managed through our standard collections process.

If you wish to seek a review of the outcome of your financial hardship application, you can do so under our Complaints Policy which you can access at  https://aus.kddi.com/en/services/kddi-data-service/.

If you are not satisfied with how we handle your complaint, you can contact the Telecommunications Industry Ombudsman (TIO) for free external dispute resolution.

The TIO can be contacted at 1800 062 058 or at https://www.tio.com.au/.

If you make a complaint to us or the TIO in relation to an application for financial hardship assistance or seek a review of a decision made in relation to an application, you will not be prevented from agreeing to an arrangement for financial hardship assistance while your complaint is being handled.

You can talk to a phone financial counsellor from anywhere in Australia by calling 1800 007 007 (minimum opening hours are 9.30 am – 4.30 pm Monday to Friday). This number will automatically switch through to the service in the State or Territory closest to you.

Alternatively, you can find the financial counselling service nearest to you by visiting https://ndh.org.au/financial-counselling/find-a-financial-counsellor/

This Complaints Handling Policy (Policy) sets out how to make a complaint, how we will respond, and what you can expect from us when making a complaint about the data services provided by KDDI Australia Pty Ltd (KDDI, we, us or our) (the KDDI Data Plan) in connection with a streaming service provided by Toyota Motor Company Australia (Toyota) (the Connected Streaming Service). 

We are committed to providing you with a positive experience. We aim to respond to your complaints promptly and keep you informed throughout the process.

A complaint is when you tell us you are unhappy or dissatisfied with our products, services, or how we handle complaints, and you expect us to respond or fix the issue. This includes reports about network outages. A complaint does not include a first-time request for service, support, or information.

As our customer, you have a right to make a complaint to us. You may lodge a complaint by:

You can make complaints during business hours: 9:00am to 5:00pm AEST, Monday to Friday, excluding public holidays.

Where a complaint is made by telephone during business hours, we will acknowledge the complaint immediately during the course of the call. Where a complaint is received by any other means, we will acknowledge receipt of the complaint within 2 business days.

Where we are unable to resolve your complaint during our first contact with you, we will follow the following process to respond to your complaint:

• Acknowledgment: We will confirm we received your complaint, give you a unique reference number, and explain how you can check on the progress of your complaint.
• Initial assessment: We will review your complaint to understand the issue and determine how best to handle it.
• Investigation: If needed, we will investigate your complaint further to gather the information required to resolve it.
• Proposed solution: We will contact you with our response and, if appropriate, propose a solution. If you ask, we will send you written confirmation within 5 business days.
• Our decision: We will clearly communicate our decision on your complaint and explain the reasons for that decision.
• Implementation: If you accept our proposed solution, we will put it into effect within 5 business days.
• Internal escalation: If you are not satisfied, you may request that your complaint be escalated to a senior staff member or manager. You can request escalation through the contact channels listed in section 3.1. We will review your complaint within 5 business days and determine if it needs prioritisation or escalation.
• External dispute resolution: If you are not satisfied with the outcome, or if we have not resolved your complaint within the required timeframe, you may refer your complaint to the Telecommunications Industry Ombudsman (TIO). See section 9 for contact details.

If you would like to monitor the progress of your complaint or receive an update on our review, you can contact us through any of the contact channels listed in section 3.1 above.

We will prioritise your complaint if:

• there is a threat to your safety or that of your children;
• you are experiencing financial hardship;
• you have difficulties related to a disability or serious illness; or
• there is a risk of disconnection of your service.

We will work with you to resolve the urgent complaint as quickly as possible.

We will do our best to resolve your complaint, or propose a solution, within:

• billing errors: by the end of the billing period immediately following your current billing period, or within 30 calendar days from the date of receipt, whichever occurs first;
• standard complaints: 10 business days from the date of receipt; and
• urgent complaints: 2 business days from the date of receipt.

If we cannot resolve your complaint on time, we will tell you the reasons for the delay, when we expect to resolve it, and your right to escalate the complaint.

If you are dissatisfied with our response times or believe your complaint should be treated as urgent, please let us know. Within 24 hours, we will explain our prioritisation and escalation processes and your options, including your right to contact the Telecommunications Industry Ombudsman (TIO).

If we have not resolved your complaint within 30 days, we will let you know by the next business day that you can take it to the TIO.

We may close your complaint if you agree, you have accepted our solution and no further action is required, we have determined that your complaint is unreasonable (see section 6), or we have been unable to contact you (see section 7). We will send you written confirmation within 5 business days.

A network outage is a significant disruption to our network that affects your ability to use your service. If you contact us to report that you cannot connect to or maintain your service, we will assess whether your report relates to a network outage. You can report network outages and connectivity issues through any of the contact channels listed in section 3.1 above.

To help us assess your report, we may ask you for information such as:

• your location or service address;
• your account or service details;
• a description of the issue you are experiencing (for example, no dial tone, no internet connection, or intermittent service);
• when the issue started; and
• any troubleshooting steps you have already tried.

If we determine that a network outage is affecting or is likely to affect your service, we will treat your report as a network outage complaint and handle it under this section.

When we treat your report as a network outage complaint, we will:

• confirm your report is being treated as a network outage complaint;
• give you a unique reference number and explain how you can check on the progress of your complaint;
• explain that our goal is to restore your service as soon as possible (this is called the 'default resolution');
• tell you how to contact us during the outage and where to find updates; and
• let you know that we will notify you when services have been restored.

We will work to restore your service as soon as possible. Once restored, we will notify you and provide information about:

• how to make a complaint if you are not satisfied;
• what to do if you believe your service has not been properly restored;
• how to request further assistance from us; and
• any compensation or credit offers that may be available to you.

During a network outage, we will provide updates about the status and expected restoration times. You can find this information:

• by contacting us through any of the contact channels listed in section 3.1; or
• through any other communication methods we make available during the outage.

We will update this information regularly as new details become available.

If you are experiencing a network outage and there is a risk to your personal safety or you have a serious health risk, please tell us immediately. We will treat your complaint as urgent and make all reasonable efforts to help you stay connected, including considering alternative options where available.

For urgent network outage complaints, we will contact you within 2 calendar days after we notify you that services have been restored to confirm if the restoration was successful. If you tell us the restoration was unsuccessful, we will take steps to restore your service within 2 business days.

Your network outage complaint is considered closed when:

• your service has been restored;
• we have notified you that your service has been restored; and
• at least 3 business days have passed since we notified you (unless you confirm earlier that your service is working).

For urgent network outage complaints, we will not close your complaint until we have fully restored your service.

If you believe your service has not been properly restored after we notify you, please contact us. We will take steps to restore your service as soon as possible. For urgent network outage complaints, we will work to restore your service within 2 business days after you tell us.

If you are not satisfied with the restoration of your service (the default resolution), you can make a complaint under our general complaints handling process (see sections 3 and 4). This may include seeking additional remedies such as compensation or account credits.

In some cases, after careful consideration and escalation to senior staff, we may reasonably conclude that:

• we have done everything we can to resolve your complaint or assist you; and
• your behaviour or complaint is unreasonable (for example, complaints made repeatedly about the same issue that has already been resolved, or complaints made in bad faith).

If we reach this conclusion, we may decide not to deal with your complaint any further and will tell you within 5 business days the reasons for our decision and your right to refer your complaint to the TIO (see section 9).

After we tell you of this decision, we are not required to accept any further complaints from you on the same or similar issues, except as part of an external dispute resolution process with the TIO.

If we cannot contact you to discuss your complaint or tell you about a proposed solution, we will make at least 5 attempts to reach you on separate days over up to 10 calendar days.

If we are still unable to reach you, we will write to you:

• telling you we were unable to contact you;
• providing details of our attempts to contact you; and
• inviting you to contact us to discuss your complaint within at least 10 business days.

We will maintain records of all complaints received, including the nature of the complaint, the date of receipt, actions taken, and the outcome. Records will be retained for a minimum of 2 years from the date of resolution.

If you are not satisfied with how we have handled your complaint, you have a right to take your complaint to the TIO, which is a free and independent service. Your service cannot be cancelled solely because you were unable to resolve the complaint directly with us and you pursued options with the TIO.

The TIO can be contacted as follows:

If you have concerns about telecommunications matters that fall outside the TIO's scope, you may wish to contact the Australian Communications and Media Authority (ACMA). For issues relating to consumer rights, trade practices or fair trading, the Australian Competition and Consumer Commission (ACCC) or your State or Territory consumer protection agency (such as NSW Fair Trading or Consumer Affairs Victoria) may be able to assist.

We are committed to ensuring our complaints process is accessible to everyone. If you need additional support or this policy in a different format (such as large print), please contact us and we will do our best to help.

We will handle all personal information collected in connection with a complaint in accordance with the Privacy Act 1988 (Cth) and our privacy policy, available at https://aus.kddi.com/en/privacypolicy/

Information you provide may be shared with third parties to resolve your complaint and meet our regulatory obligations, including to the TIO, ACMA or the ACCC.

This policy will be reviewed periodically to ensure ongoing compliance with applicable laws and regulations.