TRADE PRA( . FICES ACT 1974

t undortaking t o the Australian Competition and Consumer Commission given for

the purposes of section 8713

1))

EDirect Pt) Ltd

ACN 108 537 083

Persons giving this Undertaking1) This Undertaking is given to the Australian Competition and Consumer Commission (ACCC) by EDirect Pty.

Ltd (ACN 108 532 083) (EDirect). Vishal Gupta and Manan Chopra. all of 52 Pelham Street. Carlton, in thestate of Victoria under section 8713 of the Traci& Practices .1ct 1974 (the Act).

Background(2) EDirect trading as VIPtel Mobile supplied mobile telecommunications services to consumers by \\ a ) of the

Optus General Service. Mobile (GSM) network and promoted those services by direct telephone marketing toprospective consumers and on its website. \ iptel.corn.au (F,Direct's \Aiebsite).

(3) Section 52 of the Act prohibits a corporation from engaging in conduct that is misleading or deceptive or islikely to mislead and deceive.

(4) Section 58 of the Act prohibits a corporation from accepting payment for services where. at the time of theacceptance, there are reasonable grounds. of which the corporation is aware or ought reasonably to be assure. ti)rbelieving that the corporation will not be able to supply the goods or services within a reasonable time

(5) On 24 July 2007 the ACCC filed proceedings against EDirect in the Federal Court alleging contraventions ofsection 52 of the Act in relation to representations made 1-) . EDirect during telemarketing sales calls toprospective customers as to :

(i) The Optus GSM network coverage available:

(ii) he lised monthly payment payable under the service plans:

(iii) I he .:-;er ices included in the SCI" \ ice plans:

(iv) Mc costs of calls made under the service plans:

(v) The cost of early termination for particular customers: and

(vi) The future savings available to certain of its customers

(6) The ACCC further alleged that I:Direct contravened section 58 of the Act by accepting payment fromconsumers for mobile phone services in areas where there was no relevant Optus GSM network coverage.

(7) The Directors of [Direct were joined as the Second and Third Respondent in the proceedings for

(i) aiding. abetting. counselling or procuring EDirect to contravene the Act, and/or

(ii) being directly or indirectly knowingly concerned in. or party to. the contravention of the Act byEDirect

(8) EDirect and the Second and Third Respondents have consented to the orders annexed to this Undertaking and

marked -A-.

Commencement(9) This Undertaking comes into effect when:

(i) The undertaking is executed by [Direct: and

(ii) The ACCC accepts the Undertaking so executed.

(10) Upon the commencement of this t lndertaking. [Direct undertakes to assume the obligations set out inparagraphs 11. 12.13. and 11.

Undertakings(11) Within 30 days of the making of final orders in Federal Court proceedings NTD 13 of 2007 (the order). [Direct

will, together with a copy of the order. provide:

(i) to each of the customers listed in Appendix 13 to this undertaking, being customers the ACCChas identified as having a residential address recorded by [Direct in a location where themobile telecommunications services ollered by [Direct arc not available or accessible, a letter inthe lOrm of Appendix D to this undertaking

(ii) to each of the customers listed in Appendix to this undertaking. being customers to whom theCourt has declared [Direct made misleading representations. a letter in the form of Appendix kto this undertaking.

(12) Within 30 days of the date of this undertaking, [Direct will provide compensation to each of the customerslisted in Appendix 13 to this undertaking. by way of direct deposit into the hank account from which thecustomer has authorised [Direct to deduct payment for the services the amount of:

(i) the combined fixed monthly fees. not including additional call costs. paid by each customer to[Direct since the date of the customer's contract with [Direct to the date of this undertaking:and

(ii) an) late payment fees or dishonour fees paid by each customer to [Direct or any debt collectionagency acting on behalf of [Direct.

( 13) Within 30 days of the date of this undertaking. [Direct will provide compensation to each of the customerslisted in Appendix C to this undertaking, by way of direct deposit into the bank account from which thecustomer has authorised [Direct to deduct payment for the services the total amount of the amounts paid by thecustomer to [Direct including any late payment fees or dishonour fees imposed by [Direct or an) debtcollection agency acting on behal rot' [Direct.

(14) For a period of 3 months from the date of this undertaking. [Direct will upon the provision of evidence to[Direct by a customer listed in Appendices B or C to this undertaking. provide compensation to such customersan amount equal to an) bank dishonour fees or other bank fees incurred by each of the customers as a result oftheir contractual arrangement with [Direct.

(15) In the event that any of the customers listed in paragraph 11 (being customers not included in paragraph 13 ofthe orders) elect to terminate their services plans with [Direct within the 6 month period following the date ofthis undertaking. [Direct will not enforce any clause in the terms and conditions applying to those service plansthat provide for early termination charges or any other penalty howsoever described.

(16) Within 4 months from the date of this undertaking. [Direct will provide to the ACCC a report setting out theamount of money refunded to each customer listed in Appendices B and C to this undertaking. including details

of whether that amount included any late payment fees.or dishonour fees paid by that customer to [Direct orany debt collection agency acting on behalf of EDirect

(17) That Vishal Gupta and Marian Chopra will use their best endeavours to ensure [Direct complies in all respectswith its undertakings herein and will themselves pay an ∎ part (tithe sums specified in paragraphs 12 and 13 that[Direct fails to pay in accordance with its undertaking..

Acknowledgments(18) [Direct acknowledges that the ACCC will make this undertaking available for public inspection.

(19) [Direct further acknowledges that the ACCC will from time to time publicly refer to this Undertaking.

(20) [Direct further acknowledges that this l Mdertaking in no \\ ay derogates from the rights and remedies availableto any other person arising from the alleged conduct.

EXECUTED 13Y:

EDirect Pty Ltd (MN 108 532 083) pursuant to section 127(1) of the Corporations Act 2001:

Secretary/Director Director

AND

3 Vishal Gupta

Manan Chops

This ig day of k4faci 2008

ACCEPTED BY TI II' AlJSTRALIAN COMPE I I I ION AND CONSUMER

COMMISSION PURStJANT TO SEC'HON 87B or I IF TRADE

PRACTICES ACT 1971.

Graeme Julian Samuel

Chairperson

This day of 2008

4

APPENDIX A

5

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY NTD 13 OF 2007

BETWEEN: THE AUSTRALIAN COMPETITION AND CONSUMERCOMMISSIONApplicant

AND: EDIRECT PTY LTDFirst Respondent

VISHAL GUPTASecond Respondent

MANAN CHOPRAThird Respondent

JUDGE: REEVES J

DATE OF ORDER: 12 FEBRUARY 2008

WHERE MADE: DARWIN

THE COURT DECLARES THAT:

1. Between February 2006 and March 2007, by making representations to each of thecustomers listed at Appendix A to this Order that mobile telecommunications servicesoffered and provided by EDirect pursuant to various service plans were available oraccessible at and around those customers' home addresses and within their localcommunities, in circumstances where those services were not available or accessible inthose areas, EDirect engaged in conduct that was misleading or deceptive, or likely tomislead or deceive, in contravention of section 52 of the Trade Practices Act 1974(Cth)(the Act).

2. From at least November 2006 to March 2007, by making representations on its websiteat http://www.viptel.com.au (the VIPtel website) that network coverage and mobiletelecommunications services offered and provided by EDirect were available andaccessible Australia-wide, in circumstances where that coverage and those serviceswere not available Australia-wide, EDirect engaged in conduct that was misleading ordeceptive, or likely to mislead or deceive, in contravention of section 52 of the Act.

3 In the period August 2006 to April 2007, by making representations to each of thecustomers listed at Appendix B to this Order that if they purchased a mobile phoneservice plan from EDirect they would pay fixed monthly fees, in circumstances wherepursuant to the terms of service plans between EDirect and each of the customers themonthly fees payable by each of the customers to EDirect was not fixed, EDirectengaged in conduct that was misleading or deceptive, or likely to mislead or deceive, incontravention of section 52 of the Act.

4. In the period August 2006 to April 2007, by making representations to each of thecustomers listed at Appendix C to this Order that if they purchased a mobile phoneservice plan from EDirect they could use the mobile phone provided to them byEDirect pursuant to their service plan to send pictures and/or access the internet withoutincurring additional charges, in circumstances where pursuant to the terms of serviceplans between EDirect and each of the customers sending pictures and accessing theinternet incurred additional charges, EDirect engaged in conduct that was misleading ordeceptive, or likely to mislead or deceive, in contravention of section 52 of the Act.

5. In or about April 2007, by making representations to the customers identified ascustomers 33856, 33710, 33913, 33764 and 33719 that if they purchased a mobilephone service plan from EDirect they would be able to make a call to any mobile orlandline number within Australia for the cost of an untimed local call, in circumstanceswhere pursuant to the terms of service plans between EDirect and each of the customersall calls made from the mobile phone supplied by EDirect were charged at a timed rate,EDirect engaged in conduct that was misleading or deceptive, or likely to mislead ordeceive, in contravention of section 52 of the Act.

6. In or about April 2007, by making representations to the customer identified ascustomer 34065 that if she purchased a mobile phone service plan from EDirect shewould be able to terminate the plan at any time at no additional charge to her, incircumstances where pursuant to the terms of the service plan between EDirect and thatcustomer if the mobile phone service plan was terminated early there was an additionalcharge to the customer to be calculated by a formula which included the multiplicationof the number of months remaining on the service plan by the fixed monthly planamount, EDirect engaged in conduct that was misleading or deceptive, or likely tomislead or deceive, in contravention of section 52 of the Act.

7. In or about April 2007, by making representations to the customer identified ascustomer 33843 that if she purchased a mobile phone service plan from EDirect shewould be able to use the mobile phone provided to her by EDirect to access all theservices covered by that plan all across Australia, in circumstances where those serviceswere not available Australia-wide, EDirect engaged in conduct that was misleading ordeceptive, or likely to mislead or deceive, in contravention of section 52 of the Act.

8. In or about April 2007 by making representations to:

8.1. the customer identified as customer 419184 that if he purchased a mobile phoneservice plan from EDirect he would save money if he used the mobile phonesupplied by EDirect instead of his existing home telephone landline; and

8.2. the customers identified as customers 33949 and 33958 that if they purchased amobile phone service plan from EDirect they would save money if they used themobile phone supplied by EDirect instead of their existing mobile phone;

in circumstances where EDirect had no reasonable grounds for making theserepresentations, EDirect engaged in conduct that was misleading or deceptive, or likelyto mislead or deceive, in contravention of section 52 of the Act.

Section 58(b)

9. On each occasion that EDirect accepted payments from each customer as set out inAppendix A to this Order, there were reasonable grounds, of which EDirect was aware

or ought to have been reasonably aware, for believing that EDirect would not be able toprovide mobile telecommunication services to each of those customers within areasonable time because EDirect knew, or ought to have reasonably known, thatnetwork coverage was not available at the home addresses or local communities of eachof those customers, and by so doing EDirect engaged in conduct in contravention ofsection 58(b) of the Act.

Second and Third Respondents

10. The Second Respondent:

10.1. aided, abetted, counselled or procured EDirect to contravene the Act; and/or

10.2. further or alternatively, was directly or indirectly knowingly concerned in, orparty to, the contravention by EDirect described in paragraphs 1, 2 and 9 of thisorder;

in that

10.3. he was aware of the representations that were being made on behalf of EDirect;

10.4. he was aware of all the facts and circumstances constituting the grounds for therepresentations;

10.5. he was aware of all the facts and circumstances by reason of which therepresentations were misleading or deceptive; and

10.6. he refrained (otherwise than inadvertently) from taking any steps to prevent therepresentations being made on behalf of EDirect.

11. The Third Respondent:

11.1. aided, abetted, counselled or procured EDirect to contravene the Act; and/or

11.2. further or alternatively, was directly or indirectly knowingly concerned in, orparty to, the contravention by EDirect described in paragraphs 1, 2 and 9;

in that

11.3. he was aware of the representations that were being made on behalf of EDirect;

11.4. he was aware of all the facts and circumstances constituting the grounds for therepresentations;

11.5. he was aware of all the facts and circumstances by reason of which therepresentations were misleading or deceptive; and

11.6. he refrained (otherwise than inadvertently) from taking any steps to prevent therepresentations being made on behalf of EDirect.

THE COURT ORDERS THAT:

12. For a period of 4 years from the date of this Order, EDirect be restrained by itself, itsservants, agents or otherwise howsoever, in connection with the marketing, promotingor selling of mobile phone service plans, from stating, inferring or otherwiserepresenting that if a consumer purchases a mobile phone service plan from. EDirect:

12.1. they will pay fixed monthly fees, where pursuant to the terms of the proposedservice plan the monthly fees payable by the consumer to EDirect are not to befixed;

12.2. they will be able to use the mobile phone provided to them by EDirect to sendpictures and/or access the internet without incurring additional charges where,pursuant to the terms of the proposed service plan, sending pictures and/oraccessing the internet incur additional charges;

12.3. they will be able to make a call to any mobile or landline number within Australiafor the cost of an untimed local call where, pursuant to the terms of the proposedservice plan, calls made on that service plan are charged at a timed rate;

12.4. they will be able to terminate the plan at any time at no additional charge to themwhere, pursuant to the terms of the proposed service plan, if a service plan isterminated early there is an additional charge to the consumer;

12.5. they will be able to access services covered by that plan all across Australiawhere those services are not available Australia-wide; and

12.6. they will save money if they use the mobile phone supplied to them by EDirectinstead of their existing home phone or landline phone, in circumstances whereEDirect has no reasonable grounds for making that representation.

13. For a period of 6 months from the date of this Order, EDirect be restrained by itsservants, agents or otherwise howsoever, in the event that any of the customers listed inAppendix A or Appendix B exercise rights to terminate their service plans withEDirect, from enforcing any clause in the terms and conditions applying to thoseservice plans that provide for early termination charges.

14. For a period of 4 years from the date of this Order, the Second and Third Respondentsbe restrained from;

14.1. aiding, abetting, counselling or procuring; or

14.2. being in anyway directly or indirectly knowingly concerned or party to;

EDirect, or any other corporation, engaging in the conduct referred to in paragraphs 12and 13.

15. EDirect provide, within 30 days of the making of this order, a copy of these orders toeach of the customers listed in Appendix A and Appendix B.

16. EDirect;

16.1. establish a Trade Practices Compliance Program for the employees or otherpersons involved in EDirect's business in accordance with the requirements setout in Appendix D, being a program which is designed to ensure an awareness ofthe responsibilities and obligations in relation to the conduct declared by theCourt in this proceeding to be in contravention of sections 52 and 58(b) of the Act(the contravening conduct) or any similar or related conduct;

16.2. within one month of the date of this Order appoint a person with experience inAustralian trade practices law to advise EDirect as to the establishment of theTrade Practices Compliance Program;

16.3. maintain and administer the Trade Practices Compliance Program for a period ofthree years;

16.4. provide, at its own expense, a copy of any documentdocument required by the Applicant inaccordance with Appendix D;

16.5. be at liberty to apply to the Court to vary the Trade Practices ComplianceProgram by reason of changes in the law or otherwise by reason of changes incircumstances.

17. EDirect, within three months of the date of this order, at its own expense, arrange forthe broadcast of a community service announcement outlining the key elements of theApplicant's publication "The Fair Call Advertising Guide", which relate to thetelemarketing of mobile telephones, in the form set out at Appendix E to this order, orsuch other form as the Court determines as appropriate, with such community serviceannouncement to be broadcast:

17.1. on the Indigenous Broadcasting Services set out at Appendix F to this order:

17.2. in English;

17.3. between the times of 9.00am and 9.00pm;

17.4. with a frequency of twice per day for seven consecutive days; and

17.5. for a duration of at least one minute.

and that EDirect, within one month of the conclusion of the broadcasts and not laterthan four months of the date of this order, provide a written report to the Applicant onthe implementation and administration of the broadcasts.

18. The Respondents pay the Applicant's costs in the amount of $50,000.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

APPENDIX A

EDIrect Customer Numbers

APPENDIX B

242082 419751 422010 EdeeclCustNo 419184243183 419873 422016 EdirectCus1No 420827414579 419920 422051 Edkec1C441No 421015414597 419939 422391 Edrec1CustNo 421460414714 419950 422433 DCCURN 34138415263 420003 422705 MOURN 33949415290 420006 422886 DCCURN 33856416084 420040 423000 DCCURN 33958416375 420041 423531 DCCURN 33710416464 420080 424063 DCCURN 34065416535 420083 425672 DCCURN 33913417093417523

420171420176

425815426011

DCCURNDCCURN

3376433843

417634 420179 426212 DCCURN 33719417682 420289 427307417815 420290 428021417935 42C407 428182418101 420451 428523418153 420452 428626418227 420511 428926418249 420558 429195418250 420621 429352418372 420666 429364418436 420827 429408418438 420996 429419418456 421015 429441418518 421016 429500418657 421161 429648418705 421188 429796418746 421247 429894418751 421260 429988418753 421302 430022418754 421313 430577418853 421363 430595418930 421372 430673419015 421440 430733419182 421460 430770 APIMENDIXC

419184 421470 430972419281 421581 431031419308 421672 431168 EdreCtCtmtNo 419184419309 421806 431210 EdirectCustN0 420827419334 421820 431211 EdirectCustNo 421015419363 421823 431217 EdirectCustNo 421460419431 421825 431586 DCCURN 34138419432 421841 431641 DCCURN419470 421910 431723 DCCURN 33856419474 421917 431905 33958419488 421938 432066 DCCURN 33710419513 421946 432390 DCCURN 34065419534419691

421991422009

433067 DCCURN

DCCURN3391333764

APPENDIX D

TRADE PRACTICES COMPUANCE PROGRAM

1. Interpretation - In this Annexure:

1.1. -the relevant WA provisions' means sections 52, 53, 58 and 60 of the TradePractices Act 1974.

2. Appointments

2.1. Within one month of the Order of the Court, the First Respondent shall appoint aDirector or a Senior Manager to be responsible for the establishment, maintenanceand administration of the Compliance Program (the Compliance Officer).

22. The First Respondent shall ensure that the Compliance Officer reports to itsdirector(s) or governing body every six months regarding the on-going maintenanceand administration of the Compliance Program.

3. Compliance Officer Training

3.1. The First Respondent shall ensure that, within two months of the Order of the Court,the Compliance Officer attends practical trade practices training focusing on therelevant TPA provisions and be sufficient to enable the Compliance Office todischarge his responsibilities in relation to the Compliance Program.

3.2. The First Respondent shall ensure that the training is administered by a suitablyqualified compliance professional or legal practitioner with expertise in Australiantrade practices law.

3.3. The First Respondent, within 14 days of completion of training, shall provide theApplicant with a written statement from the compliance professional or legalpractitioner confirming the completion of the training conducted in accordance with3.1 and 3.2 above.

4. Training

4.1. The First Respondent shall cause

4.1.1, each of its Directors; and;

4.1.2. any employee, servant or agent, including without limitation any person, nomatter where located, engaged to undertake telemarketing to members of theAustralian public on behalf of the First Respondent; and

4.1.3. any employee, servant or agent whose duties include the preparation oftelemarketing sales scripts, information, Instructions or guidelines for use bytelemarketers; and

4.1.4. any employee, servant or agent whose duties include training, managing orsupervising telemarketers, or monitoring, auditing or quality-controllingtelemarketing activities;

to receive regular (at least once a year) practical training administered by theCompliance Officer (once trained) or a qualified, compliance professional or legalpractitioner with expertise in Australian trade practices law. The training mustensure that ail recipients are made aware of:

4.1.5. the responsibilities and obligations in relation to the requirements of therelevant WA provisions;

4.1.6. the potential consequences of contravening the requirements of the relevantTPA provisions; and

4.1.7. the elements of the Compliance Program.

5, Complaints handling — The First Respondent shall, within two months of the Order ofthe Court:

5.1. develop procedures for recording, storing and responding to trade practicecomplaints; and

5.2. provide the Commission with an outline of the complaint handling system.

6. Review — The First Respondent shall, at its own expense, cause an annual review of theCompliance Program elements (the Review) to be carried out in accordance with each ofthe following requirements:

6.1. Scope of the Review — The First Respondent shall ensure that the Review is broadand rigorous enough to:

6.1.1. verity that the First Respondent has in place a Compliance Program thatcomplies with the Order of the Court; and

6.1.2. provide the Review Report and opinions detailed at paragraph 7 below.

62. Independence of Reviewer — The First Respondent shall ensure that the Review iscarried out by a suitably qualified, independent compliance professional withexpertise in trade practices law (the Reviewer). The Reviewer wit qualify asindependent on the basis that he or she:

6.2.1. has not assisted in establishing or implementing the Compliance Program;

6.22. is not a present or past staff member or director;

6,2.3. has not acted and does not act for the First Respondent in any trade practicesrelated matters;

62.4. has not and does not act for or consult to the First Respondent or provideother services on trade practices related matters other than ComplianceProgram reviewing; and

6.2.5. has no significant shareholding or other interests in the First Respondent.

6.3. Evidence - The First Respondent shall use its best endeavors to ensure that theReview is able to be conducted on the basis that the Reviewer has access to allrelevant sources of information in its possession or control. including withoutlimitation:

6.3.1. enquiries of any employees, representatives, agents and stakeholders:

6.3.2. documents created by the First Respondent's consultants, legal practitionersand accountants for use in its Compliance Program.

6.4. The First Respondent shall ensure that the first Review is completed within one yearand one month of the Order of the Court and that each subsequent Review iscompleted within one year thereafter.

7. Reporting

7.1. The First Respondent shall use its best endeavours to ensure that the Reviewer setsout the findings of the Review in a Trade Practices Compliance Program ReviewReport, which will provide particular and specific information regarding the scope ofthe Review and the effectiveness of the Trade Practices Compliance Programincluding:

7.1.1. details of the evidence gathered and examined during the Review,

7,1.2. the name and relevant experience of the person appointed as the ComplianceOfficer,

7.1.3. the Reviewer's opinion on whether the First Respondent has in place aCompliance Programs that complies with the Order of the Court; and

7.1.4. recommendations for action that the Reviewer considers are reasonably toensure the First Respondent maintains and continues to administer theCompliance Program in accordance with the Order of the Court

7.2. The First Respondent shall ensure that each Trade Practices Compliance ProgramReview Report is completed and provided to it within one month of completion of theReview.

7.3. The First Respondent shall cause the Trade Practices Compliance Program ReviewReport to be provided to the Applicant within 14 days of its receipt from theReviewer.

7.4. The First Respondent shall implement promptly and with due diligence anyrecommendations made by the Reviewer or required by the Commission that arereasonably necessary to ensure that it maintains and continues to administer theCompliance Program in accordance with the Order of the Court.

8. Supply of Compliance Program Documents to the Applicant

if requested by the Applicant, the First Respondent shall, at its own expense, provide copiesof documents and Information in respect of matters which are the subject of the ComplianceProgram.

APPENDIX ECommunity Service Announcement Script

Speaker 1 Hey, you want a new mobile phone? Here's some stuff

you need to know.

Speaker 2 You know my Auntie got a free phone, but the company

charged her more money for every call which pays for the

phone, so it wasn't really free.

My cousin gets charged more money just for sending a

photo from his mobile phone. He didn't know about that.

Speaker 1 So you need to ask the right questions.

Speaker 2 Like, are there any costs they haven't told you about?

Speaker 1 How long is the contract for? Do you have to stay in it?

Does it cost more to quit early?

Speaker 2 You should ask what the full cost is and if they say

'conditions apply' you've got to find out all about that.

Speaker 1 Is the right mobile phone service available in your area?

Some mobile phones don't work in all places, so make

sure they tell you.

Speaker 2

Speaker 1

Speaker 2

Speaker 1

Speaker 2

If they sell you a new mobile over the phone, the law says

you can change your mind within 5 days.

For a free book on buying mobile phones, call the 'A triple

C on 1300 303143.

Who?

The Australian Competition and Consumer Commission or

you can call your local Consumer Affairs.

Make sure you tell your friends and family about this stuff

too.

APPENDIX F

• Aboriginal Resource Development Services (ARDS)

(http://www.ards.com.auidefault.html)

• National Indigenous Radio Service (LAIRS)

(http://www.rurs.org.au/)

• Indigenous Remote Communication Association (IRCA)

(hapi/www.waru.orgiorganisationsiirce4

APPENDIX B

6

APPENDIX B • NO COVERAGE CUSTOMERS

LineNo Gust No First Name

PlanAmount

PlanPeriod Sale Date Address Suburb State

PostCode

EDirect firstrecorded date of

transaction1 242082 Mark $ 39.00 60 2/3/2006 16:51 Nalya Avenue Patonga Beach NSW 2256 3/14/20062 416375 Debbie $ 39.00 60 6/3/2006 17:52 Cross Street Dundurrabin NSW 2257 7/3/20063 416464 Monica $ 39.00 60 6/5/2006 17:07 Mcintyre Street Wilcannia NSW 2258 7/3/20064 417523 Kristi $ 69.00 230 7/4/2006 18:56 Muli Muli Crescent Woodenbong NSW 2259 8/3/20065 419534 Wanda $ 39.00 60 8/29/2006 4:11 Bruxner Highway Piora NSW 2260 10/7/20066 421188 Bernadette $ 149.00 1,000 10/17/2006 18:58 Coaldale Road Coaldale NSW 2460 12/3/20067 421470 Colin $ 39.00 60 10/25/2006 13:37 Grassy Creek Road Rugby NSW 2583 12/3/20068 421820 Shane $ 39.00 60 10/31/2006 16:00 Arlistone Road Burraga NSW 2795 1/3/20079 421806 Daniel $ 39.00 60 11/1/2006 12:00 Buchanan Street Kandos NSW 2848 12/3/200610 421841 Alan $ 29.00 60 11/1/2006 17:01 Waratah Street Brewarrina NSW 2839 12/3/200611 421938 Esther $ 99.00 500 11/2/2006 20:17 Colin Street Carinda NSW 2831 1/3/200712 422016 Casey $ 69.00 230 11/3/2006 22:00 Maitland Street Collarenebri NSW 2833 12/3/200613 422886 Julie $ 99.00 500 11/27/2006 22:48 Doyle Street Goodooga NSW 2831 2/1/200714 428626 Carol $ 39.00 60 2/1/2007 12:44 Wood Street Gilgai NSW 2360 4/2/200715 429408 Patricia $ 39.00 60 2/9/2007 16:36 Darling Street Brewarrina NSW 2839 3/4/200716 429419 Marina $ 39.00 60 2/9/2007 17:17 Darling Street Brewarrina NSW 2839 4/2/200717 432066 Joyce $ 39.00 60 3/7/2007 13:36 Third Avenue Enngonia NSW 2840 4/2/200718 243183 Josphine $ 39.00 60 3/20/2006 20:30 New House Area Main Street Santa Teresa NT 0872 4/15/200619 414714 Phillip $ 39.00 60 5/3/2006 21:58 Soob Road Manton NT 0837 7/3/200620 417634 Lia $ 99.00 500 7/6/2006 22:32 Barunga Community Street Katherine NT 0852 8/3/200621 417682 Joanne $ 69.00 230 7/7/2006 21:51 Barunga Community Katherine NT 0852 8/3/200622 417815 Robert $ 99.00 500 7/11/2006 22:20 Barunga Community Katherine NT 0852 9/3/200623 417935 Anne $ 69.00 230 7/13/2006 21:49 Main Road Pegion Hole Community Katherine NT 0850 8/3/200624 418101 Christine $ 69.00 230 7/15/2006 20:21 Jilkminggan Community Via Mataranka NT 0852 9/3/200625 418250 Maryanne $ 69.00 230 7/17/2006 21:55 Garrawa 1 Camp Barroloola NT 0854 9/3/200626 418249 Judith $ 69.00 230 7/17/2006 22:18 Campbell Spring Station,via Brroloola Borroloola NT 0854 9/3/200627 418153 Desley $ 25.00 40 7/19/2006 22:19 Ngukurr Street Via Katherine NT 0852 9/3/200628 418227 Eddie $ 39.00 60 7/20/2006 21:37 Barunga Community Katherine NT 0852 9/3/200629 418518 Casey $ 99.00 500 7/21/2006 22:14 Jilkiminggan Community Via Mataranka NT 0852 10/7/200630 418372 Suerina $ 69.00 230 7/24/2006 22:05 Numbulwar Community Via Katherine NT 0852 10/7/200631 418438 Jodi $ 99.00 500 7/25/2006 20:13 Robinson Street Borroloola NT 0854 9/3/200632 418456 Levi $ 69.00 230 7/25/2006 21:49 Beswick Community Katherine NT 0852 9/3/200633 418657 Teresa $ 39.00 60 7/29/2006 20:27 Jilkiminggan Community Katherine NT 0852 10/7/200634 418746 Violet $ 39.00 60 8/1/2006 21:27 Ngukurr Community Via Katherine NT 0852 11/2/200635 418751 Anthea $ 39.00 60 8/1/2006 22:00 Main Street Alyangua NT 0885 10/7/200636 418753 Anderson $ 39.00 60 8/1/2006 22:19 Beswick Community Katherine NT 0852 9/3/200637 418754 Emeriah $ 39.00 60 8/1/2006 22:19 Beswick Community Katherine NT 0852 9/3/200638 418853 Scotty $ 39.00 60 8/3/2006 22:09 Newsub Road Beswick Community Katherine NT 0852 9/3/200639 419015 Cheryl $ 39.00 60 8/8/2006 16:22 Carew Road Mataranka NT 0852 10/7/200640 419182 Theisa $ 69.00 230 8/15/2006 22:05 Baniyala Community,• Laynhapuy Homelands NT 0881 9/3/200641 419184 Peter $ 39.00 60 8/15/2006 22:09 Lake Evella Community Via Nhulunbuy NT 0881 9/3/200642 419261 Loreena $ 69.00 230 8/18/2006 20:12 Beswick Community Katherine NT 0852 10/7/200643 419308 Ricky $ 39.00 60 8/21/2006 19:04 Jilkminggan Community Via Katherine NT 0852 10/7/200644 419309 Wandette $ 39.00 60 8/21/2006 19:12 Jilkminggan Community Via Katherine NT 0852 10/7/200645 419363 Jean $ 39.00 60 8/22/2006 22:40 Barunga Community Via Katherine NT 0852 10/7/200646 419431 Francis $ 39.00 60 8/24/2006 22:22 Bulman Community Via Katherine NT 0852 10/7/200647 419432 Charmaile $ 39.00 60 8/24/2006 22:23 Bulman Community Via Katherine NT 0852 10/7/2006

RefundEnter No. Amountof Months Calculated

APPENDIX B - NO COVERAGE CUSTOMERS

LineNo Cust No First Name

PlanAmount

PlanPeriod Sale Date Address Suburb State

PostCode

EDirect firstrecorded date of

transaction48 419470 Micheal $ 69.00 230 8/25/2006 20:57 Wilson Street Timber Creek, NT 0852 10/7/200649 419474 Jeanita $ 39.00 60 8/25/2006 21:48 Bulman Community Via Katherine NT 0850 10/7/200650 419488 Hazel $ 69.00 230 8/26/2006 19:55 Wilson Street Timber Creek NT 0852 10/7/200651 419691 Reggie $ 69.00 230 9/2/2006 20:34 Wilson Street Timber Creek NT 0852 10/7/200652 419873 Rhonda $ 69.00 230 9/11/2006 20:25 Kapalga Outstation Jabiru NT 0886 10/7/200653 419950 Fanera $ 39.00 60 9/13/2006 22:00 Bulman Community Via Katherine NT 0850 11/2/200654 420006 Rosina $ 39.00 60 9/15/2006 20:12 Barunga Community Via Katherine NT 0852 11/2/200655 420040 Joseph $ 39.00 60 9/16/2006 19:24 Beswick Community Via Katherine NT 0852 10/7/200656 420041 Selina $ 39.00 60 9/16/2006 19:26 Acacia Larrakia Community Acacia Hill NT 0852 11/2/200657 420080 Garry $ 69.00 230 9/18/2006 21:52 Winston Street Timber Creek NT 0852 12/3/200658 420083 Margaret $ 39.00 60 9/18/2006 22:11 Beswick Community Via Katherine NT 0852 11/2/200659 420179 Lee $ 69.00 230 9/21/2006 22:00 Barunga Community Katherine NT 0852 11/2/200660 420289 Lisa $ 69.00 230 9/25/2006 21:15 Bulman Terrace Via Katherine NT 0852 11/2/200661 420290 Sheila $ 39.00 60 9/25/2006 21:25 Barunga Community Via Katherine NT 0852 11/2/200662 420407 Venicia $ 39.00 60 9/27/2006 19:44 Bulman Community Via Katherine NT 0852 11/2/200663 420451 Finicole $ 39.00 60 9/28/2006 19:53 Barunga Community Via Katherine NT 0852 11/2/200664 420452 Peter $ 39.00 60 9/28/2006 19:54 Barunga Community Via Katherine NT 0851 1/3/200765 420511 Iris $ 69.00 230 9/29/2006 21:19 Beswick Community Katherine NT 0852 11/2/200666 420558 Liza $ 39.00 60 9/30/2006 19:41 Beswick Community Via Katherine NT 0852 11/2/200667 420621 Eunice $ 39.00 60 10/2/2006 23:15 Bulman Community Pmb-23 Via Katherine NT 0852 11/2/200668 420686 Iris $ 69.00 230 10/3/2006 15:37 Bulman Community Via Katherine NT 0851 11/2/200669 420827 Joanne $ 29.00 29 10/6/2006 20:44 Galiwinku Community Via Darwin NT 0821 11/2/200670 420996 Brenda $ 39.00 60 10/12/2006 15:00 Gukuda Street Via Darwin NT 0822 12/3/200671 421015 Lloyd $ 39.00 60 10/12/2006 19:45 Galiwinku Community Via Darwin NT 0822 12/3/200672 421016 Kathy $ 69.00 230 10/12/2006 19:59 Weemol Community Katherine NT 0851 12/3/200673 421161 Helen $ 39.00 60 10/17/2006 16:10 Gapuwiyak Lake Evella Community Gapuwiyak NT 0880 12/3/200674 421247 Dianne $ 39.00 60 10/18/2006 18:58 Galiwinku Community Via Darwin NT 0822 12/3/200675 421260 Camilla $ 39.00 60 10/18/2006 19:51 Winston Street Timber Creek NT 0852 4/2/200776 421302 Coralie $ 69.00 230 10/19/2006 18:51 Barunga Community Katherine NT 0852 12/3/200677 421313 Pancy $ 69.00 230 10/19/2006 21:26 Dagurguv Community Katherine NT 0851 1/3/200778 421363 Priscilla $ 69.00 230 10/20/2006 19:50 Daguragu Community Katherine NT 0852 12/3/200679 421372 Queenie $ 69.00 230 10/20/2006 20:35 Daguragu Community Katherine NT 0852 12/3/200680 421440 Stella $ 39.00 60 10/24/2006 16:25 Burmala Street Via Darwin NT 0822 12/3/200681 421460 Jacko $ 39.00 60 10/24/2006 20:47 Burmala Street Via Darwin NT 0822 12/3/200682 421581 Deanne $ 29.00 29 10/27/2006 17:39 Birrkpirrknura Street Galiwinku NT 0822 12/3/200683 421917 Jeanette $ 69.00 230 11/2/2006 16:42 Oenpelli Community Via Winnellie NT 0822 1/3/200784 422009 Michael $ 39.00 60 11/3/2006 19:35 Finke Road Finke -via- Alice Springs NT 0872 12/3/200685 422391 Terry $ 39.00 60 11/10/2006 18:05 Daguragu Street Via Katherine NT 0852 1/3/200786 422433 Tanya $ 39.00 60 11/10/2006 18:05 Daguragu Street Via Katherine NT 0852 1/3/200787 429796 Robert $ 99.00 500 1/30/2007 19:35 Robinson River Via Katherine NT 0851 4/2/200788 414579 Thomas $ 39.00 60 5/1/2006 19:25 Olden Court Hideaway Bay QLD 4742 7/3/200689 416084 Marilyn $ 69.00 230 5/29/2006 21:13 Summerfeild Road Quilpie OLD 4480 7/3/200690 417093 Boris $ 39.00 60 6/19/2006 21:19 Munkan Street Coen OLD 4871 8/3/200691 418436 David $ 39.00 60 7/24/2006 10:06 Brigooda Road Proston QLD 4613 9/3/200692 418705 Selina $ 39.00 60 7/31/2006 14:48 Batnabya Road Palm Island QLD 4816 10/7/200693 419513 Elfie $ 69.00 230 8/29/2006 22:09 New Village Mabuiag Island QLD 4875 10/7/200694 419751 Walter $ 39.00 60 9/6/2006 16:57 Stockyard Street Doomadgee QLD 4830 10/7/2006

RefundEnter No. Amountof Months Calculated

APPENDIX B - NO COVERAGE CUSTOMERS

LineNo Cust No First Name

PlanAmount

PlanPeriod Sale Date Address Suburb State

PostCode

EDirect firstrecorded date of

transaction95 419920 Maisie $ 39.00 60 9/12/2006 22:32 Ned Street Doomadgee QLD 4830 10/7/200696 419939 Beverley $ 39.00 60 9/13/2006 20:40 Buffalo Street Doomadgee OLD 4830 11/2/200697 420003 Kyanne $ 39.00 60 9/15/2006 20:10 Stockyard Street Doomadgee QLD 4830 11/2/200698 420171 Glenn $ 39.00 60 9/21/2006 20:53 Robert Street Doomadgee QLD 4830 11/2/200699 420176 Kina $ 69.00 230 9/21/2006 21:24 Sailor Crescent Thursday Island QLD 4875 11/2/2006100 421672 Rodney $ 39.00 60 10/30/2006 14:51 Sailor Crescent Thursday Island QLD 4875 1/3/2007101 421823 Sam $ 29.00 29 11/1/2006 14:58 Brown Street Via Bamaga QLD 4876 12/3/2006102 421825 Robert $ 29.00 29 11/1/2006 15:20 Fletcher Street New Mapoon OLD 4876 12/3/2006103 421910 Alice $ 29.00 29 11/2/2006 16:11 Williams Crescent Bamaga QLD 4876 12/3/2006104 421946 Gregory $ 29.00 29 11/2/2006 18:38 Bond Street New Mapoon OLD 4876 12/3/2006105 421991 Bick $ 29.00 29 11/3/2006 18:14 Darnley Island Wynd Thurday Island QLD 4875 12/3/2006106 422010 Adwina $ 169.00 1,000 11/3/2006 19:49 Cullent Point Old Mapoon Via Weipa QLD 4874 1/3/2007107 422051 Roberta $ 39.00 60 11/6/2006 19:56 Nimrod Street Wiepa QLD 4874 12/3/2006108 422705 Jacqueline $ 39.00 60 11/20/2006 18:58 Landsborough Street Normanton QLD 4890 1/3/2007109 423000 Sabrina $ 69.00 230 11/28/2006 13:52 Herloin Street Bloomfield QLD 4871 1/3/2007110 423531 Jason $ 39.00 60 11/29/2006 18:00 Agnes Street Kowanyama QLD 4871 2/1/2007111 424063 James $ 69.00 230 12/6/2006 16:50 Inaruwer Street Kowanyama OLD 4871 2/1/2007112 425672 Sherree $ 39.00 60 12/30/2006 18:09 Beresford Street Proston OLD 4613 2/1/2007113 425815 Masella $ 69.00 230 1/4/2007 12:15 Chapman Street Badu Island QLD 4875 3/4/2007114 426011 Jessica $ 39.00 60 1/5/2007 16:02 Yalu Street Pormpuraaw OLD 4871 3/4/2007115 426212 Carol $ 39.00 60 1/8/2007 15:29 Norman Street Normanton QLD 4890 3/4/2007116 427307 Samelia $ 39.00 60 1/18/2007 18:11 Pormpuraaw Street Pormpuraaw QLD 4871 3/4/2007117 428021 Luka $ 39.00 60 1/25/2007 15:16 Wachee Street Lockhart QLD 4871 4/2/2007118 428182 Patrick $ 39.00 60 1/27/2007 13:31 Kuramba Road Kuramba QLD 4891 4/2/2007119 428523 Sandra $ 39.00 60 1/31/2007 15:37 Thompson Street Normanton QLD 4890 3/4/2007120 428926 Karabero $ 39.00 60 2/5/2007 18:20 Regent Street Coen QLD 4871 4/2/2007121 429195 Robert $ 99.00 500 2/7/2007 17:19 Bond Street New Mapoon QLD 4876 4/2/2007122 429352 Gwenette $ 39.00 60 2/9/2007 11:36 Reid Street Doomadgee QLD 4830 4/2/2007123 429364 Patricia $ 39.00 60 2/9/2007 12:36 Worona Street Camooweal QLD 4828 4/2/2007124 429441 Janine $ 39.00 60 2/9/2007 18:50 Wuungkam Street Aurukun QLD 4871 4/2/2007125 429500 Lateesha $ 69.00 230 2/12/2007 13:25 Balonne Street Normanton QLD 4890 4/2/2007126 429648 Elliott $ 39.00 60 2/13/2007 11:31 Ned Street Doomadgee QLD 4830 3/4/2007127 429894 Baughn $ 39.00 60 2/15/2007 12:34 Park Road Palm Island OLD 4816 4/2/2007128 429988 Katrina $ 39.00 60 2/15/2007 18:51 Flied Street Hope Vale OLD 4871 4/2/2007129 430022 Atlanta $ 39.00 60 2/16/2007 13:34 Robert Street Doomadgee QLD 4830 4/2/2007130 430577 Jequeline $ 39.00 60 2/22/2007 13:04 Kuyumu Street Lockhart River OLD 4871 4/2/2007131 430595 Noby $ 69.00 230 2/22/2007 14:50 Dee Street Palm Island OLD 4816 4/2/2007132 430673 Lisa $ 39.00 60 2/22/2007 19:11 School Lane Palm Island QLD 4816 4/2/2007133 430733 Stacey $ 39.00 60 2/23/2007 11:44 Bufflow Street Doomadgee QLD 4830 4/2/2007134 430770 Quentin $ 39.00 60 2/23/2007 14:23 Poland Street Hope Vale OLD 4895 4/2/2007135 430972 Lorna $ 39.00 60 2/26/2007 15:26 Wurbikun Street Gununa QLD 4871 4/2/2007136 431031 Melbena $ 39.00 60 2/26/2007 18:51 Med Street Doomadgee QLD 4830 4/2/2007137 431210 Dalmai $ 39.00 60 2/28/2007 13:37 Read Street Doomadgee QLD 4830 4/2/2007138 431211 Dalmai $ 39.00 60 2/28/2007 13:38 Read Street Doomadgee OLD 4830 4/2/2007139 431586 Henry $ 39.00 60 3/2/2007 13:17 Airport Road Horn Island OLD 4875 4/2/2007140 431641 Nebille $ 39.00 60 3/2/2007 16:34 Sundowners Ridge Palm Island QLD 4816 4/2/2007141 431723 Roberta $ 99.00 500 3/2/2007 19:34 Soloman Crescent Palm Island QLD 4816 4/2/2007

RefundEnter No. Amountof Months Calculated

APPENDIX B - NO COVERAGE CUSTOMERS

LineNo Cust No First Name

PlanAmount

PlanPeriod Sale Date Address Suburb State

PostCode

EDirect firstrecorded date of

transaction142 432390 Sheila $ 69.00 230 3/8/2007 11:25 Burke Street Dirranbandi QLD 4486 4/2/2007143 414597 Mark $ 69.00 230 5/2/2006 14:49 Strickland Road Strickland TAS 7140 6/2/2006144 415263 Cindy $ 39.00 60 5/16/2006 13:18 Donoghue Street Cygnet TAS 7112 7/3/2006145 416535 Gary $ 39.00 60 6/6/2006 21:42 George Street Scotts Dale TAS 7260 7/3/2006146 415290 Natalie $ 39.00 60 5/16/2006 13:54 do Illawara store via Newman WA 0812 7/3/2006147 418930 Pauline $ 99.00 500 7/14/2006 21:21 Ringer Soak Community Halls Creek WA 6770 9/3/2006148 419334 Janet $ 39.00 60 8/22/2006 14:37 Sandstone Road Menzies WA 6436 10/7/2006149 431168 Dorothy $ 69.00 230 2/27/2007 19:38 Waluna Road Meekatharra WA 6642 4/2/2007150 431217 Valdera $ 39.00 60 2/28/2007 14:01 Dariot Street Meekatharra WA 6642 4/2/2007151 431905 Angela $ 69.00 230 3/6/2007 13:38 Crawford Way Roebourne WA 6713 4/2/2007152 433067 Donella $ 69.00 230 3/14/2007 19:40 Beagle Bay Road Dampier Peninsula WA 6725 4/2/2007153 434476 Brett $ 39.00 60 3/27/2007 0:00 Oxford Street Mitchell QLD 4465 4/23/2007154 434406 Andrea $ 39.00 60 3/27/2007 0:00 Puttabarra Lane Palm Island QLD 4816 5/25/2007155 465241 Lolina $ 69.00 230 4/5/2007 0:00 Ring Road Palm Island QLD 4816 4/23/2007156 435845 Christina $ 39.00 60 4/14/2007 0:00 Wente Street Hope Vale QLD 4895 5/25/2007157 437085 Katrina $ 39.00 60 5/1/2007 0:00 Laurie Circle Mount Magnet WA 6638 5/25/2007158 434303 Tanya $ 39.00 60 3/26/2007 0:00 Wiluna Road Meekatharra 'WA 6642 4/23/2007159 434305 Barry $ 39.00 60 3/26/2007 0:00 VViluna Road Meekatharra WA 6642 4/23/2007160 437898 Georgina $ 69.00 230 5/14/2007 0:00 Nuytsia Way Derby WA 6728 5/25/2007161 434405 Carmel $ 39.00 60 3/27/2007 0:00 Delamere Street Wyndham WA 6740 4/23/2007162 434598 Maxwell $ 39.00 60 3/28/2007 Belmor Street Enngonia NSW 2840 5/25/2007

RefundEnter No. Amountof Months Calculated

APPENDIX C

Edirect Cust No 419184Edirect Cust No 420827Edirect Cust No 421015Edirect Cust No 421460DCCURN 34138DCCURN 33949DCCURN 33856DCCURN 33958DCCURN 33710DCCURN 34065DCCURN 33913DCCURN 33764DCCURN 33843DCCURN 33719

7

APPENDIX D

[EDirect logo and address]

Dear customer

This letter is to let you know that the Federal Court of Australia has declared that EDirectengaged in misleading and deceptive conduct in breach of the Trade Practices Act 1974 byrepresenting to you that there was mobile phone coverage in your area when there was not.

This was as a result of action taken by the Australian Competition and ConsumerCommission (ACCC) against us.

The Court has ordered that we provide a copy of its orders to you. These orders areattached.

We have also provided an undertaking to the ACCC that we will:

• refund to you the fixed monthly fees you have paid to us (excluding anyadditional call costs) since you entered into your agreement with EDirect; and

• let you end your agreement with us without penalty.

If you want to end your agreement with us you must sign the form enclosed andreturn it to us by fax or post by 28 March 2008.

If you want to continue your agreement with us you do not need to do anything. Yourmonthly fees will continue to be deducted from your account from 29 March 2008.

Your refund will be deposited into your bank account shortly.

Regards,

8

[insert EDirect postal address and fax number]

Dear EDirect

Please cancel my mobile phone agreement with you.

Signature:

Name:

Date:

9

APPENDIX E

[EDirect logo and address]

Dear customer

This letter is to let you know that the Federal Court of Australia has declared that EDirectengaged in misleading and deceptive conduct in breach of the Trade Practices Act 1974 byrepresenting to you that there was mobile phone coverage in your area when there was not.

This was as a result of action taken by the Australian Competition and ConsumerCommission (ACCC) against us.

The Court has ordered that we provide a copy of its orders to you. These orders areattached.

We have also provided an undertaking to the ACCC that we will:

• refund to you the amounts you have paid to us since you entered into youragreement with EDirect; and

• let you end your agreement with us without penalty.

If you want to end your agreement with us you must sign the form enclosed andreturn it to us by fax or post by 28 March 2008.

If you want to continue your agreement with us you do not need to do anything. Yourmonthly fees will continue to be deducted from your account from 29 March 2008.

Your refund will be deposited into your bank account shortly.

Regards,

10

[insert EDirect postal address and fax number]

Dear EDirect

Please cancel my mobile phone agreement with you.

Signature:

Name:

Date:

11