Community Alumni (Retired)

Re: Home bundle Add $10 combo reward to mob account

Disclaimer - I'm not a lawyer, just reading various parts of Our Customer Terms


Steph, I would respectfully have to disagree with your assessment of Telstra Mobile Offer when referring to 10.34 of Part B – Our current consumer pricing plans in the Telstra Mobile Section of Our Customer Terms.


Combo Rewards are listed in Part D – Special Offers in the Home Bundles section of Our Customer Terms. Section 1.1 of Part D implies that the offers listed in Part D are Home Bundle Special Offers (as Part D is part of the Home Bundle Terms), and not Telstra Mobile Offers (which are listed in Part C – Special Promotions of the Telstra Mobile Section of Our Customer Terms). I note that Telstra Mobile Offers is not specifically defined in Our Customer Terms.


Based on the above interpretation, and the fact that I haven't found a generic clause that can be used I would conclue that the customer is entitled to Combo Rewards.




That being said...... As far as I'm aware, all customers on those Bundles would be Casual Customers for the purpose of Our Customer Terms - General Terms for Consumer CustomersThat is, that they are not a Fixed Length Contract Customer


This calls into play the right for Telstra to change Our Customer TermsIf Telstra were to effect a minor detrimental change (within the meaning of Our Customer Terms - General Terms for Consumer Customersthey would not need to advise the customer, and therefore could avoid this loophole very simply.


However, if the customer was advised and agreed to the Mobile Contract on the basis that the Combo Rewards were available, the customer then has a statuatory right under the Australian Consumer Law which cannot be excluded under Our Customer Terms.


In summary -  I believe you are entitled to have Combo Rewards under the Terms and Conditions of your Bundle, however Telstra are perfectly within their rights to close the loophole or discontinue supply of the Combo Rewards at any time if you are not a Fixed Term Customer for your Bundle. If you were explicitly advised that you would get this as part of your Mobile Service, and you agreed to the contract for your mobile on this basis, you would be entitled to question the validity of the claims made at point of sale, and if the service was fit for purpose under the Australian Consumer Law.




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