NOTICE: To apply from 18 November 2019
These terms and conditions are between you, a registered customer of the Amazon Web Services (“AWS”) online marketplace (“Customer” or “you”), and TRUPHONE LIMITED, on behalf of itself and its affiliates (“TRUPHONE”). These terms and conditions are effective when an order is completed by Customer on the AWS online marketplace (“Effective Date”) for Services provided by TRUPHONE. These terms and conditions.
1. Purpose of these terms
1.1. These are the terms and conditions for the supply of the Truphone data services (“Services”) provided by Truphone Limited (we, us and our) to you the end user (you and your). Your purchase and use of these Services is subject to these terms and conditions (“Agreement”).
1.2. If the Services are being provided to you in a country which is not the United Kingdom and there is a Truphone affiliate authorised or licensed to provide the Services in the country, the Services are taken to be provided by that Truphone affiliate on behalf of Truphone Limited.
1.3. A copy of these terms and conditions should be retained for future reference and it is your responsibility to periodically check www.truphone.com to ensure you are familiar with any changes or updates to these terms and conditions.
1.4. If you do not wish to be bound by these terms and conditions then you should not purchase or use the Truphone Service.
2.1. We shall provide you with data services based on the capabilities of the network in the country in which you are using the Services.
2.2. The volume of data available for the operation of the Services will be made clear to you during the process of purchasing or topping up the Services. The Services will be available to you for the period specified and in the countries and territories described at the time of purchase. When that period expires, any remaining Services will be lost and no refund will be payable for those unused Services. Our Services under this Agreement are provided on a pre-purchase basis only.
2.3. The Services are provided on an "as is" and "as available" basis. We do not warrant or guarantee a fault free Service and give no warranties or guarantees as to network coverage, quality or availability. We shall take all reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider's ability to maintain network capacity and connection availability.
2.4. In the event of a fault, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we shall use reasonable efforts to promptly correct the fault.
2.6. Your use of the Service whilst Roaming may be subject to different laws and regulations. We will not accept any liability for your failure to comply with those laws or regulations. In addition, using the Service whilst Roaming may incur higher charges in the country where you are Roaming which could decrement your data bundle at a quicker rate.
2.7. From time to time we may be required to upgrade, modify or maintain the Service. On such occasions the Service may be temporarily unavailable, however, we will endeavour to keep such disruption to a minimum and notify you in advance when possible, including by posting a message on www.truphone.com.
2.8. We reserve the right to suspend the Service without giving you notice where:
a) we have reason to believe you are in breach of the conditions of usage (clause 4 below) or any of our policies notified to you on www.truphone.com.
b) pending the outcome of an investigation following receipt of a complaint made against you.
c) you fail to provide us with the necessary information as required for satisfying a regulatory requirement (such as know your customer identification verification) in any jurisdiction you wish to travel to and use the Service.
d) we have reasonable cause to suspect that you have obtained access to the Services fraudulently or unlawfully.
e) we are obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organisation, or other competent administrative authority.
f) in order to prevent damage or degradation of our or our contracting party's network integrity which may be caused by you or anyone using your access.
g) for operational reasons or in an emergency or for security reasons.
2.9. We may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate and administer the Service, or to protect us or our other customers.
3. Purchasing the Service
3.1. On purchasing the Services the Services will be activated.
3.2. The Service shall commence immediately following activation and will be available for use (“Activation”).
4. Your obligations
4.1. You agree that you shall use the Service in compliance with this Agreement and that you are responsible for all use of the Service. Please refer to www.truphone.com for our current Acceptable Use Policy and Fair Use Policy.
4.2. You shall be responsible for configuration of your device so that it may properly make use of the Services in compliance with any regulations and applicable instructions issued either by us or the supplier of the device.
4.3. You must:
(a) not use the Services for any fraudulent or unlawful purposes nor use the Services to send any communication which is of an abusive, obscene, harassing or menacing nature;
(b) not use the Service to commit or facilitate the commission of a crime, or other unlawful act;
(c) not act in any way, which may affect or impair the operation of any network used or operated by us;
(d) not send or upload anything that infringes 3rd party intellectual property rights (unless you have permission);
(e) only use the Service for your own personal use and must not sell, resell, lease, sub-lease or otherwise deal commercially with the Services;
(f) only use the Service for the purposes and in the manner expressly permitted by this Agreement;
(g) only use the Services in accordance with all applicable laws and regulations of your home nation, the country in which you reside, or the country in which you are present whilst using the Service;
(h) provide us with whatever proof of identity we may reasonably request.
4.4. You must comply with all reasonable security procedures and standards with respect to the Service. We may communicate security issues to you from time to time when abuse or misuse is observed or reported by others along with general information related to the provision by us of the Service by any means, including via www.truphone.com.
lost or stolen device
4.5. You must inform us immediately if the device on which the Services are activated is lost or stolen and you will remain responsible for usage of the Services on the device until you do so. If your device is lost or stolen please call us immediately on +34 668141830 or e-mail us at email@example.com. We will take all reasonable action to cancel the provision of the Services on any stolen or lost device within 72 hours of notification and subject to verification of account.
4.6. You are solely responsible for all content, information and communications transmitted using the Service and agree that we have no responsibility for the deletion, corruption or failure to store any content transmitted using the Service.
5. Intellectual Property in the Services
5.1. All technology, intellectual property and documentation relating to the Services shall remain our property. On purchasing the Services we grant you a revocable, conditional, non-exclusive, non-assignable, non-sub-licensable license to use the Services.
6.1. The charges associated with the data bundle(s) purchased for the Service are available to you before you purchase the Service and by purchasing the Service you agree to the application of those charges. We reserve our right to increase or make any other change to the charges for the Services which you have purchased at any time by publishing any changes on www.truphone.com or otherwise giving you notice.
6.2. The charge to be paid for the purchase of the Services are inclusive of value-added tax and any other similar sales taxes, duties or levies imposed by any authority, government or governmental agency.
7. Payment and Refund Policy
7.1. This Service operates on a pre-purchase basis. You are required to pay for the Services before we make them available to you. We have no obligation to refund any payments made in advance except as set out elsewhere in these terms and conditions. Where we offer to provide you with free Services or other special offer Services no cash alternative will be given.
7.2. As you use the Services the balance of remaining purchased data bundle available to you will be decremented according to your usage of the Service. Each session of data usage which you undertake will be rounded up to the nearest kilobyte and that number of kilobytes will be decremented from your remaining data bundle for the Service.
8. Termination of the Service
8.1. We reserve the right to terminate this Agreement and cease supplying the Services in the event that you materially breach any of this Agreement’s terms and conditions. We shall not be required to refund you any amount for your unused data bundle relating to the Services at the time of termination.
8.2. You may terminate this Agreement with us at any time by notifying us in accordance with clause 8.4.
8.3. If you send us notification of termination:
(a) within 14 days of the date of entering the Agreement; or
(b) at any time because we are no longer able to provide the Services to you and the inability to provide the Services is unrelated to any action by you,
you may request that we provide to you a refund of the proportionate value of the unused Services, otherwise termination of the Services will not entitle you to a payment of any amount.
8.4. To terminate this Agreement, phone Truphone Customer Services on +34 668141830 or you may email firstname.lastname@example.org from the email address which have provided at the time of entering the Agreement and giving us your name, address and telephone number.
8.5. Where you have fully utilised the data bundle which you have purchased you will no longer be able to use the Services unless and until you make a further purchase of Services.
9.1. This clause sets out the entire financial liability of us to you (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) in respect of:
(a) the provision of the Services;
(b) any breach of the Agreement;
(c) any use made by you of the Services;
(d) any representation, statement, or tortious act or omission (including negligence) arising under or in connection with the Agreement.
9.2. All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement.
9.3. Nothing in this Agreement shall limit or exclude our liability to you:
(a) for death or personal injury caused by our negligence;
(b) for fraudulent misrepresentation;
(c) for any other liability that may not, under English law, be limited or excluded;
Subject to this, in no event shall we be liable to you for any indirect or consequential losses incurred by you, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
9.4. Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement, including the provision of the Services, shall be strictly limited to the aggregate value of the payments which you have made to us during the preceding 12 months for the Services.
9.5. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or provision of the Services (i) where such delay or performance failure is due to any of your acts or omissions, where you have provided incorrect data or information; or (ii) network failure, network outage, network congestion, power failures; or (iii) that is caused by events outside our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party) Act of God, war, terrorist activity, malicious damage, compliance with any law or governmental order or default of suppliers or subcontractors.
9.6. Truphone shall have no liability to you for any costs, or charges or penalties incurred by you for failing to comply and satisfy any regulatory requirement of a country prior to using the Services in that country.
9.7. You acknowledge that in the event of any third party claim that any sub-licensed application of a Licensed Application Third Party Provider in your possession when used as part of the Services infringes a third party's intellectual property rights, we will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim provided you have notified us immediately on receipt by you of such an infringement notice if you have been notified that you are infringing a third party's intellectual property by using the Service.
9.8. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If it is established that you are in breach of this warranty then we shall have the right to immediately terminate the Services and no amount will be payable to you in respect of any unused Services.
9.9. Your liability:
You shall be liable for any damages of any kind caused to us, our networks or systems, or any third parties by your use or misuse of the Services, or by any other persons whomsoever or on any device whatsoever, even in the event of loss or theft and you will be responsible to compensate us for any damage you or they cause, including minor faults.
10. Changes to these terms and conditions and the Services
10.1. We reserve the right to change the terms and conditions of this Agreement from time to time and make changes to the Service or any promotion or charges relating to the Services at any time.
10.2. We shall give you notice of any such changes and you agree that an appropriate publication on the Website is an acceptable notice.
11. Governing Law and Legal Compliance
11.1. This Agreement shall be governed by English law and shall be subject to the jurisdiction of the English Courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
11.2. Despite the governing law provided above, you may be subject to various rules, regulations and laws which may also apply to you in the country in which you use the Services, in particular where you choose your home country to be a country other than the United Kingdom.
12.1. If you have any complaints or feedback about the Service you should send that to email@example.com.
13.2. By registering for the Services you consent to us transferring your personal data to countries which do not provide the same level of data protection as the United Kingdom if we deem it necessary for the provision of the Services.
14.1. All licenses not expressly granted in this agreement are reserved and no other licenses, immunity or rights, express or implied are granted by us, by implication, estoppel, or otherwise. This agreement does not grant you any rights to use any trademarks, logos or service marks belonging to us whatsoever.
14.2. All notices given by you to us must be in writing (fax, email, letter or text) to the addresses set out in these terms and conditions.
14.3. Failure to enforce any of our rights under these terms and conditions does not result in a waiver of that right.
14.4. We reserve the right to assign rights and duties contained in these terms and conditions to a third party
14.5. You acknowledge and agree that any Licensed Application Third Party Provider are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, such Licensed Application Third Party Provider(s) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
14.6. If any provision of these terms and conditions are found to be unenforceable, all other conditions shall remain unaffected.
14.7. These terms and conditions and any documents expressly referred to in them or provided to you at the time of taking out or accepting the Services, represent the entire agreement between us and you in relation to the subject matter of any contract entered into for the Services. We are required to advise you that contracts may be concluded in English only and that no public filing requirements apply.
14.8. Truphone Limited is a company incorporated in England & Wales with company number 04187081 whose registered address is c/o Edwin Coe LLP, Lincoln's Inn, 2 Stone Buildings, London WC2A 3TH, United Kingdom. We are regulated by Ofcom. Our VAT registration number is GB 851 5278 19
14.9. By purchasing and using the Services you acknowledge that you have read these terms and conditions and understand them and agree to be bound by them.