Kogan Mobile updates 'fair use policy'

Kogan Mobile has updated the terms and conditions surrounding its fair use policy

Kogan Mobile has updated the terms and conditions surrounding its fair use policy, following reports of customers being kicked off the network.

SMH reported this week that Kogan Mobile has disconnected a small portion of its customers for breaching the networks 'fair use policy'.

Following these reports, Kogan Mobile today sent an email to all of its current customers, under the heading: "Change to Kogan Mobile Terms & Conditions". The email reads as follows:

Thank you for using Kogan Mobile.

We are writing to let you know that, effective 6 April 2013, there will be some changes to the Kogan Mobile Terms and Conditions. More than 99% of users are unlikely to be impacted by these changes.

The revised terms and conditions are available here:

Kogan Mobile Terms and Conditions
Kogan Mobile Policies

These changes will not impact the current Access Plan you have purchased. If you have elected to auto-extend your Access Plan, please be mindful that the revised terms and conditions will take effect as and from the date of your auto-extension. You can elect to stop the auto-extension at any time by logging into the Kogan Mobile members area.

We look forward to continuing to provide the best value mobile access in Australia. Our mission is to make the latest and greatest technology more affordable.

Kind regards,

Kogan Mobile

A look into the new acceptable use policy states that Kogan reserves the right to change or amend this policy at any time, specifically as follows:

Kogan reserves the right to change, amend or alter this Acceptable Use Policy or any of the terms of this Policy at any time and notify you by posting an updated version of the Policy on our website. To the extent permitted by Law, any amended Policy will apply between us whether or not we have given you specific notice of any change.

A screenshot of the email Kogan Mobile sent to its customers today regarding changes to the 'fair use policy'.A screenshot of the email Kogan Mobile sent to its customers today regarding changes to the 'fair use policy'.

Under the heading "inappropriate use of resources", Kogan also stipulates a number of conditions that its customers must adhere to, as follows:

5.1. The Service is provided for personal use for the benefit of residential users and is not for commercial use or for use as a permanent connection. You must not:

a) use software (such as automated agents) to maintain a connection or to reconnect when you are not personally using such connection;
b) download software or other material for sale, distribution or other non-personal use;
c) attempt to make more than one simultaneous connection to the Service;
d) stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period);
e) run a telemarketing business or call centre; or
f) re-supply, resell or commercially exploit the service or re-route call traffic in order to disguise the originating party or for the purposes of resale;
g) use the Service in a way that is excessive or unreasonable (as reasonably determined by us, having regard to the limits that we consider reasonable for an individual that is using the Service for residential purposes only);
h) download or upload more than 400MB of data on a single day on three or more occasions in a 30 day period;
i) download or upload more than 1GB of data on a single day;
j) recharge your prepaid mobile Service Data plan more than 2 times per 30 day period; or
k) recharge your prepaid mobile Service Access plan more than once per 30 day period.

5.2. We consider your use of a Service to be unreasonable if a Service remains connected continuously for an unreasonable amount of time, or download or uploads an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users.

5.3. We consider your use of a service to be unreasonable if you make or receive calls on our network other than for your own personal use.

The terms and conditions go on to state that any customer who doesn't comply with these conditions may have access to Kogan Mobile suspended, either indefinitely or for a specific period, have a time or download limit on your use of the service, or flat out refuse to renew your service at all.

We recommend anyone considering Kogan Mobile go over these terms and conditions in thorough detail.

What do you think of Kogan Mobile's terms and conditions? Let us know your throughts in the comments below!

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Ross Catanzariti

Ross Catanzariti

PC World
Topics: mobile networks, Kogan Mobile, kogan, MVNO, telstra wholesale, pre-paid mobile

Comments

DW

1

Transferred to KOGAN two months ago, service seemed OK until problem encountered, then found out their customer service is non-existent. Reside in NT and have been unable to call their 1300 number for over 1 week, email requests refer you to 1300 number!!! Tweet to Ruslan KOGAN achieved nothing. Now find that if you use more than 400mb per day for 3 days or more they can disconnect you. What happened to unlimited to 6gb?.. Still trying to contact them to cancel 2 mobiles, waste of time.....DO NOT CHANGE to the

Michael

2

How can a fair use policy impose a condition on a user that the user cannot reasonably be in a position to know? I refer to the 99% of other users’ obligation. Surely the consumer protection laws would step in here. Somehow this absurdity needs to be dealt with at a regulators level.

Keith

3

This seems even more illegal. If you buy 6GB of data, you should be able to use it how you want- not micro-managed by some company.

gav

4

bought a Kogan sim but haven't activated it yet...anyone know if Aldi will let me use the data I have actually PAID for whenever I like..? I want it as a backup for when my home internet goes down...otherwise I hardly use mobile data...but I do want to be able to use it when I need it..

Chris Bowyer

5

Kogan is trying to fool people into thinking they didn't read the fine print now. Check this archived page from 8 February 2013 out: http://web.archive.org/web/20130208175850/http://www.kogan.com/au/mobile

HT

7

I would have thought that 6GB per month is just that.... instead, it's 6GB per month capped at 400MB per day. What about using my phone as a WIFI hotspot?

pat

8

Have a kogan service and it works great! For personal use and we already have broadband so no issue with it whatsoever. Well done kogan for providing a cheap no frills service.

DanijelJ

9

So I get 6gb, that I can't use any more than 400mb/day over 3 consecutive days. Ergo, average month is 30 days. And at 400mb/day x 3 = 1.2GB of my 6gb. Then I have to wait a whole day. So now up to day 4. Another 1.2gb/3days, wait a day, another 1.2gb/3days, wait a day. So far, only 3.6gb of usage, and it's already been 12 days of the month. But lets not forget that in the middle of all this, I also have a life, seen friends for 2 days in between all this, gone to a birthday, gone to a movie, so there's another 4 days wasted. It's now 16 days of the month passed. Only 14 days left to use the rest of my internet data.

Pfft! Waste of time.

Kogan is run by a fat prick who's never got anything nice to say.

Aldi User

10

Aldi does not dictate how you use your data. They're much better! So far so good!

Nairn

11

Tried to join up, SIM card wouldn't work. Rang and emailed many times eventually spoke to someone that didn't know what to do? Told me to ring Apple, must have been a problem with my phone. ??? He then Hung up one me so threw the SIM card away and gave up. No phone for 5 days. Wouldn't recommend to anyone.

Devendra

12

i will never use any thing from Kogan even they are for free i had a very bad experience, His Every deal look too good to be true .

Dave Clarke

13

Back to the days of the good ole "dodgey brothers"
Cheap and nasty
If its too good to be true ,it usually is
How can you complain about service when there isn't any
Any more cliché I've missed

Wall E

14

Got bitten by this blokes promises too. All talk, also noted their customer service line doesn't work. Pretty handy when running shonky product. Apparently uses wholesaler ispONE, who use Telstra. Old adage "you get what you pay for" applies, still kicking myself.

John Lamerand

15

I was on an unlimited plan with another provider. By switching to Kogan I am saving a lot of money. Where I live (South-West WA) the network is patchy. I look forward to that network coverage improving. The deregulation of the telecommunications industry is something that we were told we had to have. We now have a deregulated industry. That means we have choice. We can put pressure on the big telcos to change their pricing if we choose to go with the less expensive providers.

Luke

16

Considered using Kogan but after some online research (and now this article), goes to show they're a pile of crap. And most of the other posts here reflect such a bad experience. This is a company hanging off Telstra NextG as a wholesale customer, ofcourse you're going to get reduced service, it's just one massive con. Pay a few dollars extra and get a decent service. Most people want to download more than half an email each day.

Floorpie14

17

You're all a bunch of sooks. I've been with kogan since the first month it came out and i couldnt be happier. The guy offers you stupidly cheap rates and you all complain. Of coarse customer service will be shit. You get what pay for. No frills is no frills. Use it reasonably and it's great. If you need to be baby sat... Then switch to telstra, fly Qantas and pay your gas bill at the post office. Otherwise step into this century and deal with it. It's cheap for a reason, self management. Step up.

The Mechanic

18

" The guy ( inference , according to the above posted article , Rus Kogan ) offers you stupidly cheap rates and you all complain. Of coarse customer service will be shit. " Quote from an long term ( and how may weeks was that ? ) " experience Kogan user " , Floorpie14 . Or was that from someone a brick short of a total load ? Or does he work for the Company ? If so , his insider whistle blowing knowledge should be commended . And what wrong with one paying ones bill at Australia Post ? At least their staff have a far better average IQ of above 5 . Australia Post and their employees are just amazing in their total professionalism in a very tough market . A lot off Companies could well learn a lesson or two from the AP business model . And , no , I do not work for AP . I just regularly use their service . They deliver . Something that the above mentioned " telco " apparently doesn't , and maybe as a company could learn a thing or two from AP . A raise in ones IQ would probably help . But I know Customer Service will still be something rather foreign to such " organizations " .

Michael09

19

Better to use Lebara mobile. you will get 3GB data with $29.90 plan included Unlimited calls, land line & mobile. It is 3G network. also cheap calls to international...

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