Mobilise Technology Limited – STANDARD TERMS AND CONDITIONS RELATING TO Mobilise Hotspots SERVICES
Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of key rights
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the service will start within this time, you may be charged for what you've used.
The Consumer Rights Act 2015 says:
• you can ask us to repeat or fix the service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
• if a price hasn't been agreed upfront, what you're asked to pay must be reasonable; and
• if a time hasn't been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
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What these terms cover
- These terms and conditions (“Terms”) apply to:
- the supply to you, the purchaser, of any single-purpose credit vouchers issued by Mobilise Technology Limited (“Vouchers”);
- your purchase of Mobilise Hotspots services (the “Services” (with such defined term including, where relevant, the supply of Vouchers to you)) from Mobilise Technology Limited either:
- in exchange for some or all the credit remaining on Vouchers; or
- directly from the Mobilise Hotspots website (located here: https://enbd.mobilisehotspots.com/) (the “Website”) using a credit/debit card,
(with each of(a) andb(i) and b(ii) above a “Purchase” and together the “Purchases”) and the subsequent supply of the Services to you by Mobilise Technology Limited. Throughout these Terms, ‘you’ includes any person implicitly or explicitly authorised to make a Purchase.
Who we are
- In these Terms “we”, “us” and “our” refer to Mobilise Technology Limited, a company registered in England and Wales with registered number 10232580 and registered office address at 63 St Mary Axe, London EC3A 8AA.
How to contact us
- You can contact us by telephoning our customer service team at +442039100330 or by writing to us at email@example.com.
How we may contact you
- If we have to contact you, we will do so by telephone or by writing to you at the email address or phone number you provided to us in your order. In these Terms, when we use “writing” or “written” this includes emails.
- This agreement begins, and these Terms are effective and deemed accepted, when you make a Purchase. You are deemed to have agreed to pay for the Services when you:
- purchase a Voucher;
- purchase the Services directly through the Website (via a credit/debit card payment); or
- enter the unique PIN found ona Voucher purchased elsewhere onto the voucher details page of the Website (with the voucher details page found here:[https://enbd.mobilisehotspots.com/gotavoucher]). If you do not wish to be bound by these Terms, do not make any Purchases.
- There will be a separate charge, and the commencement of a separate contract, for each Purchase that you make.
Providing the Services
- The Services consist of a wireless connectivity service which provides users with Internet connectivity for smartphones, tablets, and laptops to the Mobilise global commercial Wi-Fi network ("Mobilise Wi-Fi Network").
- Subject to these Terms, we agree to provide the Services to you using reasonable care and skill.
- You acknowledge that the Services may not be available, in whole or in part, in certain regions, countries or jurisdictions.
- We do not guarantee that the Services will always be available or uninterrupted. Sometimes the Services may be affected by things outside our control, for example the weather, interruptions to services from suppliers and faults in other IT networks, and we will try to give you reasonable notice of any such suspension.
- We reserve the right to make changes to the Services:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not result in any major disruption of your use of the Services.
- The Services are only available within the coverage area of the Mobilise global commercial Wi-Fi network ("Mobilise Wi-Fi Network"), which is subject to change.
Using the Services
- You agree that in order to access and use the Services you need to register with us on the Website and create an account (an “Account”). You acknowledge and agree that you are solely responsible for keeping your password and other Account details confidential and secure.
- The Services are made available provided:
- they are not used (or attempted to be used) for anything illegal, immoral or improper;
- they are only used with equipment approved for use with the network (and which have not been lost or stolen) and all relevant laws and rules are followed;
- you provide information reasonably asked for from time to time and do not give any false information;
- all reasonable instructions given to you are followed; and
- all payments relating to the Voucher have been received by us.
- You agree that you will not access, use or attempt to use the Services:
- unless you are at least 18 years old, or have the consent of your parent or legal guardian to use the Services; or
- in any way which violates our acceptable use policy, located here: [https://enbd.mobilisehotspots.com/acceptable-use-policy] (the “Acceptable Use Policy”). You agree to be bound by our Acceptable Use Policy.
- You must not use the Services:
- in any way that does not comply with the terms of any legislation, statute, ordinance, regulation or any licence applicable to you;
- in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses (including for example trojan horses, worms, time bombs, cancelbots, chain letters or other similar harmful or deleterious programming routines) or harmful data, into the Services or any operating system;
- to transmit any material that is defamatory, offensive, pornographic, obscene or otherwise objectionable;
- in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- in any way that infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- in any way that violates any applicable law, statute, ordinance or regulation (including but not limited to those regarding export control);
- in any way that would result in the unauthorized entry to any other machine accessible via the network;
- You are responsible for making sure any equipment you use to access the Services is:
- suitable for use with the Services;
- adequately protected against external threats (including but not limited to viruses, worms, trojans); and
- meets any instructions for its use.
- You accept that we do not have any control over information you transmit over the Services and that we do not examine the use to which you put the Services or the nature of the information you send or receive. We have no obligation to compensate you for losses you may incur from such information and such use, and you acknowledge that we are not responsible for any of your activities when using the Services.
- When you register with us, you agree that you will provide us with true, accurate, current and complete personal information.
- You understand and acknowledge that you are responsible for all use of the Services that occurs under or in connection with your Account, and for any breach of these Terms which occurs as a result of such use whether an unacceptable use occurs or is attempted, whether you knew or show have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to it or acted with others or allowed any unacceptable use to occur by omission.
- You acknowledge that we do not exercise any control over the information transmitted through our systems. You acknowledge that access to the internet as part of the Services is provided on as “as-is” basis. Using the internet is at your own risk.
Charges for the Services
- Please refer to the Website for the latest charge rates for the Services, which can be found here: [https://enbd.mobilisehotspots.com/buypass]. The price for Vouchers is displayed on the face of those Vouchers.
- Charges must be paid in advance prior to you accessing the Services (either via credit/debit card purchase through the Website, or by entering a Voucher PIN through the Website). Charges are calculatedon the basis of time purchased and include applicable VAT or similar, as set out on the Website here: [https://enbd.mobilisehotspots.com/buypass]. Additional charges may apply from time to time as notified to you via the Website.
- We may make certain products available on a subscription basis (e.g. on a monthly or yearly basis). Such products are charged on a monthly basis in advance as described in more detail on the Website here: [https://enbd.mobilisehotspots.com/buypass]. At the point of purchase, you will be informed on the Websiteof the monthly charge for any such subscription-based products, and also:
- whether or not the subscription in question renews automatically; and
- how to opt-out of any such automatic renewal should you wish to do so.
- In the case of subscription-based products which renew automatically, we will charge you (using the payment details you provided to us at the original point of purchase) every 30 days for the following 30 days’ use of the Services.
- You can opt out of a product’s automatic renewal by logging into your account on the Website here: https://enbd.mobilisehotspots.com/login and then going to the Settings page. On this page, an auto-renew switch will be visible and the automatic renewal can be halted by moving the switch to off or by getting in touch with us at: firstname.lastname@example.org.
- Rates and billing conditions are subject to change without any prior notice; this may be due to circumstances outside our control, such as changes to wholesale prices that we are charged by third party suppliers. We will try to give you reasonable notice of any such changes. If you wish to cancel your contract with us as a result of any changes we make to rates and billing, just get in touch at: email@example.com.
- Your mobile services provider may charge you for accessing certain aspects of our product (such as the hotspot locator) if you are not connected to one of our hotspots and are using mobile data; we recommend that you check with your supplier before using this product.
- As a matter of policy, we will not intentionally disconnect the Services provided that there is credit available for the Services, however it may be possible that calls get disconnected due to matters beyond our control.
- We accept payment with Sage Pay (the “Payment Provider”). All payments are processed securely by the Payment Provider.
Your right to cancel
- If you are acting as a consumer in the United Kingdom, you have the right to cancel a distance contract (which includes a contract concluded online i.e. a Purchase using a debit/credit card via the Website) without giving any reason within 14 days of the date of purchase (the “Cancellation Period”).
- The Cancellation Period will expire after 14 days from the conclusion of the contract i.e. from the date on which you make your Purchase.
- To exercise the right to cancel you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) within the Cancellation Period. You can use the model cancellation form set out in the box below, but it is not obligatory.
To Mobilise Technology Limited, a company registered in England and Wales with registered number 10232580 and registered office address at 63 St Mary Axe, London EC3A 8AA, at firstname.lastname@example.org:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.
- In the case of Purchases made through the Website via debit/credit cards, if you are acting as a consumer and exercise the right to cancel during the Cancellation Period, we will deduct from any refund an amount for the supply of the Services for the period for which they were supplied (including costs incurred by us in setting up in providing you with access to the Services for the first time), ending with the time when you told us you wished to cancel. The amount (i) will be in proportion to what has been supplied, in comparison with the full coverage of the contract (i.e. the full amount that you have paid); and (ii) will include a set-up fee of $3.50 which we incur when setting up your account for the first time.
- In the case of Purchases of Vouchers and/or using Voucher credit, the automatic right to cancel does not apply and your right to returns/refunds will be governed by the standard terms and conditions of the relevant Voucher re-seller.Please get in touch with the relevant Voucher re-seller for more information.
- Even if the Cancellation Period has expired and we are not at fault, you can request that we end yourcontract before it is completed, and we may, at our absolute discretion, agree to cancel your contract.Ifwe agree to end your contract in these circumstances, your contract will not end until 1 calendar month after the day on which you contact us. In the case of cancellation of the Services:
- purchased via a credit/debit card payment through the Website, we will refund any advance payment you have made for Services which will not be provided to you. For example, if you tell us you want to end the contract on 4 July we will continue to supply the product until 3 August. We will only charge you for supplying the product up to 3 Augustand will refund any sums you have paid in advance for the supply of the product after 3 August; and
- purchased with Voucher credit, your right to returns/refunds will be governed by the standard terms and conditions of the relevant Voucher re-seller. Please get in touch with the relevant Voucher re-seller for more information.
- We will make any refunds due to you as soon as possible, and in any event within 30 days of you telling us you wish to cancel. In the case of Services purchased directly via a debit/credit card payment on the Website, we will refund you via the method you used for payment.
- If you are acting otherwise than as a consumer, you will not be entitled to any refund and any charges you have paid will be non-refundable.
- You may terminate this agreement immediately by notifying us at email@example.com if:
- we break an important condition of this agreement or a number of less important conditions; or
- we break a less important condition of this agreement and do not put it right within 7 days of you asking us to do so.
Expiry of Vouchers
- Each Voucher will expire in accordance with the expiry date as set out on that Voucher.
- No refund will be made in respect of any unused credit left on any Voucher once it has expired.
Monitoring of calls
- Calls received by us may be monitored and recorded. This may be done to improve the service which is provided, to ensure compliance with practices and procedures and where, for example, a contract is entered into by such call and the recording will provide evidence of the transaction.
How we may use your personal information
- We will use the personal information you provide to us to supply the Services to you. We will only give your personal information to third parties (such as network service providers, the police or government authorities) where the law either requires or allows us to do so.
Protection of your personal information
- We use strict security measures in order to protect personal information. From time to time, this may include checking your identity when you telephone us, encrypting data on our websites and such other measures as necessary in order to ensure compliance with all applicable legal requirements.
Intellectual Property Rights
- All intellectual property rights in the Services (and content therein) throughout the world belong to us, our affiliates, or third parties. All right, title and interest in and to the Services shall remain our property and/or the property of such other affiliates and third parties.
- You have no intellectual property rights in the Services other than the right to use them in accordance with these Terms.
- We do not warrant, nor do we assume responsibility for, any losses suffered by any person as a result of you accessing the internet including, without limitation, those suffered as a result of accessing internet information and content such as, by way of example only, the possibility of contracting computer viruses or accessing information with offensive, inaccurate or inappropriate content.
- We do not warrant that the Services will be uninterrupted, error free, or free from service degradation, or that any information, software, or other material accessible on the Services are free from viruses, worms, trojan horses, or other code that manifests contaminating, interfering, or destructive properties. We cannot and do not guarantee the security or integrity of data transmission or storage, or that viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties will be detected or remediated by the Services.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Services.
- Except in the case of paragraph52, our maximum liability to you for something we or anyone who works for us does or does not do will be limited to £1,000 for one incident, or £2,000 for a number of incidents within any 12 month period.
- We are not liable for business losses. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not, in any event, accept responsibility for:
- any failure to perform the Services as a result of circumstances or events which could reasonably be considered as unforeseen and/or outside our control or as a result of our obligations under any applicable laws, rules or regulations; or
- any losses or delays in transmission of messages arising out of or in connection with the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control.
- This section will apply even after this agreement has ended.
When we may suspend or withdraw the Services
- We reserve the right to suspend or withdraw the Services (or any part of them) for any reason, including:
- to deal with technical problems or make minor technical changes;
- for business or operational reasons;
- if our systems break down or need maintenance;
- if you breach these Terms, or the terms of any other agreement with us;
- if you damage the network or put it at risk, or abuse or threaten our staff;
- if we are required to comply with an order, instruction or request of any government body, any emergency service organisation, or any other person or organisation with the appropriate authority; and
- to update the Services to reflect changes in relevant laws and regulatory requirements,
and we will try to give you reasonable notice of any such suspension or withdrawal.
- We reserve the right to charge you for reasonable costs incurred by us for reconnecting you to the Services.
Cancelling the agreement
- We can cancel this agreement immediately if any of the following happens:
- you break an important condition of this agreement or a number of less important conditions;
- you break a less important condition of this agreement and do not put it right within 7 days of us asking you to do so;
- the service provider(s) no longer make the service(s) available;
- your service has been suspended or disconnected under paragraph 57(iv), (v), (vi), or (vii);
- any of the provisions for use of the services set out in paragraphs 14 and/or 15 and/or 16 are not complied with;
- youbreach or attempt to breach the security of the Website or the Services, including but not limited to: modifying or attempting to modify any information; unauthorised log-ins; unauthorised data access or deletion; interference with the Services, systems, host or network; reverse engineering of any kind of the Website or the Services; hacking; falsifying data; introducing viruses of any kind (including for example trojan horses, worms, time bombs, cancelbots, chain letters or other similar harmful or deleterious programming routines) or harmful data; or
- you are, in our reasonable opinion, using or attempting to use the Services for or in connection with any fraudulent, illegal or unethical activity, or are permitting a third party to do so.
- If these Terms are cancelled for whatever reason, we will (if relevant) ask the re-seller of your Voucher to suspend it and you will not be able to use the Voucher thereafter to acquire the Services from us.
- You may not assign or delegate or otherwise deal with any of your rights or obligations under this agreement without our express written consent, such consent not to be unreasonably withheld. We shall have the right to assign or otherwise delegate all or any of its rights and obligations under this agreement to any other person
- This agreement is governed by the laws of England & Wales and is subject to the jurisdiction of the English Courts.
- If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Nobody else has any rights under this agreement. This agreement is between you and us. No other person shall have any rights to enforce any of these Terms.