These are the terms and conditions for the Truphone SIM. Please give them a quick read.

1. Multiple Country SIM service

1.1 These are the terms and conditions of the end user licence agreement (EULA) for the supply of the Truphone products and services (the Services) provided by Truphone Limited (we, us and our) and you the end user (you and your). Your purchase of these Services are subject to this EULA including any other terms and conditions associated with any ancillary services offered by Truphone as provided and updated on www.truphone.com (the Website) from time to time and which are incorporated into this EULA by reference. A copy of this EULA should be retained for future reference and it is your responsibility to periodically check the Website to ensure you are familiar with any changes or updates to this EULA.

1.2 If you do not wish to be bound by this EULA then you should not purchase or use the Truphone Service.

2. Service

2.1 We shall provide you with national and international mobile telecommunications services including voice, text and where available 3G data services based on the capabilities of a multi-IMSI SIM card. Our Services under this EULA are provided on a prepayment basis for the period the services are being used by you and up to 180 days from the last day the services are used by you.

availability

2.2 You acknowledge that mobile telephony is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such it can be interfered with by numerous external sources or by obstacles inherent in buildings, vegetation or terrain and as such we cannot guarantee a perfect or error free transmission, both in terms of quality or availability of the Service.

2.3 The Service is provided on an "as is" and "as available" basis. 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 necessary licenses or permissions, or our and/or our service provider's network capacity and connection availability. Please note that the network operator in the country of use will be responsible for network coverage, quality and availability.

2.4 We do not warrant or guarantee a fault free Service and give no warranties or guarantees as to network coverage, quality or availability. 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.

2.5 We reserve the right to choose our network operators and technology partners as we deem appropriate and to provide access to the Service in any manner we deem in the best interest of our business requirements. In this regard you hereby consent to us disclosing and using any of your personal data for the provision of the Service. Any such use of your personal data will be subject to the terms of our Privacy Policy which can be found on our Website.

2.6 Where you have insufficient credit on your account then you (i) shall not be able to make any calls but you will still be able to receive calls in your chosen home country and other TLA countries; and (ii) you will not be able to receive calls whilst roaming internationally where you are charged to receive any calls, all provided that your account has not been suspended in accordance with clause 2.16(c) below.

local numbers

2.7 You can add multiple available nominated additional country Truphone mobile numbers to your SIM account that we offer as part of our Services.

2.8 The current list of countries where we offer additional local mobile numbers and the process for adding additional country numbers can be found on our Website www.truphone.com or you can dial 707 for an up to date list and how to add an additional country number. Truphone reserves the right to amend this country list from time to time.

2.9 You are not restricted from the number of local country mobile numbers you can have on a Truphone SIM provided the chosen country is a country supported by Truphone and you have paid the relevant subscription fees for those multiple country numbers.

2.10 Your use of any numbers assigned to your SIM is subject to these terms and conditions and any breach of these terms and conditions may result in your use of one or more of the allocated numbers being withdrawn from your use.

local tariffs for designated countries

2.11 The unique feature about the Truphone Service is the ability to be charged local rates for calls in certain identified countries outside your chosen home country. You will be entitled to have access to local tariffs for your SIM in those identified Truphone supported countries and you will be able to make and receive calls on your Truphone SIM at local call rates in those Truphone supported countries.

2.12 Where Truphone does not have an arrangement with a specific country for the purchasing of local rates, then you may still use your Truphone SIM but this will be on a roaming basis. You may incur additional charges for this roaming ability including for the making and receiving of calls whilst roaming.

2.13 It is your responsibility to check the billing status (i.e. whether local tariffs are applicable for subscribing to or roaming only) of the country you intend to use the Service in before you travel to that country and incur any charges by using the Services in that country. Truphone will not be liable for any charges incurred by you based on your misunderstanding of the applicable and available tariffs in a particular country.

roaming

2.14 As with any GSM mobile service, a core feature of the Service is the inclusion of roaming on foreign networks in order to provide the Services outside your chosen home country (Roaming). Roaming means that you will be using foreign networks, over which we have no control and therefore cannot provide any guarantees about the Services, particularly its availability or quality. In addition your use of the Service whilst Roaming may be subject to different laws and regulations that apply. We will not accept any liability for your failure to comply with those laws or regulations.

suspension

2.15 From time to time we may be required to upgrade, modify or maintain the Service including the migration of your account from one billing platform to a new or upgraded billing platform. 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 our Website.

2.16 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 Services conditions of usage (condition 4 below) or any of our policies notified to you on the Website.

(b) pending the outcome of an investigation following receipt of a complaint made against you.

(c) your credit balance falls below the value of any applicable usage or Network Service Fee as set out as a condition of your use of the Service or your credit balance reaches zero and you do not top-up your account within 90 days from the date your account reaches zero.

(d) 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.

(e) we are notified that the SIM card licensed to you by us is lost or stolen.

(f) we are obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organisation, or other competent administrative authority.

(g) 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.

(h) for operational reasons or in an emergency or for security reasons.

monitoring

2.17 We may at our discretion bar or disconnect your SIM if we have reasonable cause to suspect fraudulent use of a credit card/debit card, your SIM card or mobile phone using the Service.

2.18 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 Our Service may be purchased either from:

(a) our Website situated at www.truphone.com by clicking on which Service option you wish to purchase and then following the prompts that will appear on-screen. There may be specific terms and conditions that apply to on-line purchases and these are found on the Website, and include the special conditions listed in 3.3 & 3.4 below which cover your statutory rights for distance purchasing.

(b) one of our authorised resellers or distributors. Where you experience any problems with your purchase from our distributors or the SIM card is damaged please contact them in the first instance. If they cannot deal with the matter satisfactorily please contact Customer Support.

3.2 The Service shall commence following activation of the SIM card so that the Service is operationally available for your use (Activation). Activation can be done on the Website; or by dialling 808; or calling Customer Support (please see Customer Services contact details at clause 16.14).

3.3 To cancel this EULA after ordering and paying the pre-payment for the Service, you must inform us in writing, giving us your name, address and order reference along with your allocated number. You must also return the SIM card and any associated products to us within seven (7) days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them), and at your own cost and risk.

3.4 If you cancel this EULA between us within the seven-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price you paid for the Service in full less any reasonable administrative fee, any call charges incurred by you before cancellation and less any costs incurred for delivery. You will be responsible for the cost of returning the SIM card and any associated products to us. You shall only be entitled to a refund for the actual unused credit you have loaded onto the SIM and not for any free credit provided with the SIM or via any other promotion.

3.5 Cancellation after the seven-day cooling-off period may incur an admin fee for dealing with your request.

 

4. Your obligations

use

4.1 You agree that you shall use the Service lawfully and in compliance with this EULA and that you are responsible for all use of the Service, call costs and charges incurred to your account for using the Service (including such use, call costs and charges incurred by any 3rd party using your account with or without your permission). Please refer to the Website for current rates and charges and our Acceptable Use Policy.

4.2 You shall be responsible for all use of the Services including but not limited to handsets, its proper configuration and installation, compliance with any regulations and applicable instructions issued either by us or the supplier of the handset. The preparation activities for using the Service, including but not limited to preparing and inserting interface cards, setting adequate protocols, as well as all relevant activities in support of the implementation of the Service shall remain your responsibility. You must comply with our established protocols and related appropriate processes necessary for the installation and the provision of the Service These protocols and processes shall be prescribed and published on our Website.

4.3 You must:

(a) not use the Services for any improper, immoral, fraudulent or unlawful purposes nor use the Services to send any communication which is of an abusive, offensive, obscene, harassing, indecent, nuisance, inconvenience, annoyance, defamatory or of a menacing nature;

(b) not use the Service to commit or facilitate the commission of a crime, or other, unlawful or illegal 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) keep secure and confidential your PIN and PUK codes, account password or any identification we provide to you which allows access to the Service;

(i) provide us with whatever proof of identity we may reasonably request;

(j) not access any age restricted services if you are under age, nor will you allow any other person to do so.

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 any and all general information related to the provision by us of the Service by any means, including via the Website.

SIM card

4.5 You must activate your SIM card within 14 days of receipt or within 30 days of dispatch from us to you or from our distribution partner, whichever is the later otherwise we will block activation of that SIM card and quarantine the SIM card for reallocation to another customer. Any purchased and bonus credit provided with the sale of the SIM card to you may be forfeit.

4.6 You must inform us immediately if your SIM card is lost or stolen and you will remain liable for all call costs and charges incurred until you do so. If your phone or SIM card is lost or stolen please call us immediately on 707 or contact Customer Services (please see clause 16.14 for contact details) or e-mail us at help@truphone.com. We will take all reasonable action to cancel any stolen or lost SIM cards within 72 hours of notification and subject to verification of account and payment of a reasonable administration charge. The current administration charge can be found on our Website www.truphone.com and is subject to change from time to time . We will apply any outstanding balances to a replacement SIM card which has been purchased by you as a replacement. We are not responsible for any service fees, call costs or other charges incurred due to a lost or stolen SIM card.

handset

4.7 You shall be responsible for ensuring that your mobile telephone handset is compatible with the Services that you purchase from us. This may include ensuring that your handset is 'unlocked' and is compatible with the network in the country where you wish to use it.

The quality of the Service is also dependent on the quality of the mobile handset model you use and we have no control or influence over the mobile handset quality. The choice of mobile handset is solely yours.

content

4.8 You are solely responsible for any and 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.

regulatory compliance

4.9 Certain countries have additional regulatory requirements that need to be fulfilled prior to Truphone being permitted to provide certain elements of the Services to customers. These include the obtaining, verification and retention of end user personal data. If you intend to travel to a country where Truphone is required to satisfy these additional regulatory requirements, and you wish to use specific Truphone Services, then it is a condition of Truphone providing the Service to you that you co-operate and provide the required information and/or documentation prior to obtaining the Services. Where you fail to provide the necessary required information to satisfy such regulatory requirements we will suspend the Services to you in that country.

4.10 Truphone shall have no liability to you for any costs or charges incurred by you for failing to comply and satisfy any regulatory requirement of a country prior to using the Services in that country.

4.11 A list of countries requiring additional regulatory compliance can be found on our Website.

 

5. SIM Card

5.1 On purchasing the Services we shall provide you with a SIM card for implementing the Service.

5.2 The SIM card and all technology, intellectual property and documentation relating to it and the Service shall remain our property or the property of any licensor. On purchasing the Services we grant you a revocable, conditional, non-exclusive, non-assignable, non-sub-licensable license to use the SIM card and Services and reserve our rights to recall any SIM card from you.

 

6. Telephone Number

6.1 We reserve all rights attached to the telephone number(s) attributed to you and attached to the Service provided by us and we may change, withdraw or otherwise alter such telephone number or any other address-element at our discretion, without damages payable to you, should any technical or commercial reason or any applicable regulations so require.

6.2 A number porting facility may be available if you wish to port your existing mobile number to the Truphone Services or if you wish to port your designated Truphone Services number to another approved mobile operator in your home country.

 

7. Charges

7.1 You agree to pay all applicable charges for using the Services in accordance with the applicable rates in force at the time of using the Service as set out on the Website.

7.2 The rates and charges associated with the Service are displayed on marketing material and on our Website www.truphone.com. We reserve our rights to increase and/or make any other change to the applicable charges, tariffs, bundles or promotional offers at any time by publishing any changes on our Website or otherwise giving you notice.

local rate option

7.3 When travelling to any country where Truphone offers access to local calling rates, you can choose to receive the benefit of local calling rates for calls made by you within those countries supported by Truphone when you use the SIM within that country. Where Truphone does not support local calling rates you may still be able to use your phone but any calls made or received on your SIM will be charged at the standard roaming rates which will still apply to your account for any usage abroad in that country.

local numbers

7.4 You can add multiple available additional mobile numbers to your account for mobile numbers in those countries where Truphone offers this option as part of our Services, for a monthly prepayment subscription rental fee (see tariffs on the Website for current price).

7.5 This monthly prepayment subscription rental fee for local numbers shall, where you have elected to do so, be automatically charged to your nominated debit/credit card on the anniversary date of the purchase of the additional number unless you notify us in writing (by means of post, fax or e-mail) that you do not want to continue with the number rental. We will notify you prior to the anniversary date of the annual prepayment subscription rental fee due date so that you can choose to continue with the local number rental or not. If you decide not to continue with the rental then the number assigned to you will be disconnected and you will not be able to make or receive calls on this number when travelling.

general

7.6 All charges (including Service fees, call charges, SMS charges) shall be quoted in the currency of your nominated home account and shall be inclusive of value-added tax and any other similar sales taxes, duties or levies imposed by any authority, government or governmental agency.

7.7 If your account is suspended for any reason and within the agreed time period you request the account and services to be re-activated then you may be liable to pay a reconnection fee of £5.

Inactive accounts, refunds and related termination of services.

7.8 Where your account is inactive (i.e .where you have not made or received calls or maintained a credit balance paid for by you on your account) for 30 days you will be charged an inactivity fee for each 30 day period the services remain inactive. The fee is to enable us to keep your chosen number open to you for your use and reflects our costs in doing so.

7.9 The current inactivity fee can be found on our Website www.truphone.com and is subject to change from time to time.

7.10 If your account remains inactive for 180 days you will be taken by us to have terminated your account and no longer wish to receive services from us. Your number will be re-used and you will not receive any return of unused credit. The SIM card will be switched off automatically and you will receive no notice of this.

7.11 At any time before the services are terminated you may request a refund for unused credit by sending an e-mail to help@truphone.com. Refunds will only be available for credit purchased directly by you and not through any special offers, promotions, vouchers, pre-paid cards or similar mechanisms. Refunds shall not be made for balances under £5. Any breach of these refund terms shall lead to termination of this EULA.

Emergency calls

7.16 If you are in an area where your Truphone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Truphone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

8. Payment and Refund Policy

8.1 This Service operates on a pre-pay basis and you will be required to pay these rates in advance. We have no obligation to refund any payments made in advance except as set out elsewhere in these terms and conditions. Where we provide you with free calls or other special offer services no cash alternative will be given. No credits are provided for dropped calls.

8.2 Each time you use the Services you will incur charges and the credits that are registered on your account will be reduced according to the duration of the call/message and the type of call/message by reference to the charges shown in the price list. Airtime minutes are not deducted for 911 calls.

8.3 It is your responsibility to top-up your account to ensure that you have sufficient funds in your account so that you may use the Services. There is a minimum top-up value of £10. If there are insufficient funds available in your account you will be unable to use the Service. We will not issue invoices for the pre-pay option. Your online account on the Website will contain a summary of your usage and the costs associated with your usage of the Service.

 

9. Termination of the Service

By us

9.1 We reserve the right to terminate your EULA and cease supplying the Services in the event that you materially breach any of this EULA's terms and conditions. We shall be entitled to retain any credit on your account at the time of termination.

By you

9.2 You may terminate your EULA with us in the following circumstances:

(a) if we vary these terms and conditions which result in an excessive increase in charges or alter your rights to your detriment, unless such variations are imposed on us as a direct result of new legislation, statutory instrument, government regulation or licence;

(b) at any time on thirty (30) days written notice;

(c) we are no longer able to provide the Services;

9.3 To cancel this EULA, you must inform us in writing, giving us your name, address and telephone number. You must also return the SIM card and any associated products to us within 7 days of notifying us of the cancellation at your own cost and risk.

10. Liability

10.1 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 EULA

(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 EULA.

10.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the EULA.

10.3 Nothing in this EULA 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.

10.4 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 EULA, including the provision of the SIM, shall be strictly limited to the annual charges (commencing on the date of your agreement with us) paid by you for the relevant Services.

10.5 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.

10.6 We, our vendors, suppliers or licensors are not liable for any damages arising out of or in connection with content or information accessed while using our services, such as through the internet or interruption or failure in accessing or attempting to access emergency services from your phone, including through 911, E911 or otherwise.

10.7 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.

10.8 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 you shall forfeit any credit remaining on your account.

10.9 We make no representations or warranties, express or implied, including, to the extent allowed by applicable law, any implies warranty of merchantability or fitness for a particular purpose concerning the services. Each service is provided on an "as is" basis. We do not promise uninterrupted or error-free Services and do not authorize anyone to make any warranties on our behalf. This does not deprive you of any warranty rights you may have against anyone else.

10.10 Your liability:

(a) 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 our SIM card or Services, or by any other persons whomsoever or on any cell phone handset 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.

(b) In the event of loss or theft of your SIM card it is your responsibility to inform us immediately so that we can prevent any further use of the Services by another unauthorised person. We provide no guarantees or warranties in relation to the prevention of the use of the Services on a lost or stolen SIM card and accept no liability for any unauthorised use of your account. You will be solely responsible for the SIM card and its use to obtain the Services and will not be entitled to obtain any compensation from us for its loss or theft or any use after its loss or theft.

(c) You agree to indemnify us for any claims by third parties against us arising out of the use of our products or services. If another wireless carrier is involved in any problem (for example, while you roam), you also agree to any limitations of liability in its favor that it imposes.

 

11. Changes to these terms and conditions and the Services

11.1 We reserve the right to change the terms and conditions of this EULA from time to time and make changes to the Service or any promotion or charges relating to the Services at any time.

11.2 We shall give you notice of any such changes and you agree that an appropriate publication on the Website is an acceptable notice.

11.3 Where we make mandatory changes to these terms and conditions to your detriment you shall have the right to terminate this EULA prior to the entry into force of such changes in accordance with condition 9.3. If you do not give such notice within one month of our giving you notice of the change(s), you will be taken to have accepted such change(s).

 

12. Governing Law and Legal Compliance

12.1 This EULA, and all matters relating to this Agreement, shall be governed by federal law and by the laws of Delaware, without regard to choice-of-law principles. This EULA does not permit class arbitrations.

12.2 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 States.

12.3 Subject to the terms of our Privacy Policy we may be required to collect further personal information from you in order to satisfy our compliance with any legal or regulatory compliance requirement. If we request such information from you and indicate that this is for legal or regulatory compliance then you agree that you shall provide us with the requested information and not provide us with false or misleading information.

 

13. Dispute Resolution and Arbitration

13.1 WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT, AS A COURT WOULD. IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR CAN AWARD THEM, TOO. WE ALSO EACH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR QUALIFYING SMALL CLAIMS COURT CASES, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR WIRELESS SERVICE WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETTLED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES AND THEY CAN, IF THE LAW ALLOWS, SEEK RELIEF AGAINST US ON YOUR BEHALF.

13.2 FOR CLAIMS OVER $10,000, THE AAA'S WIRELESS INDUSTRY ARBITRATION ("WIA") RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE COMPLAINING PARTY CAN CHOOSE EITHER THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER–RELATED DISPUTES, AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, OR THE BBB'S RULES FOR BINDING ARBITRATION. EACH OF US MAY BE REQUIRED TO EXCHANGE RELEVANT EVIDENCE IN ADVANCE. IN LARGE/COMPLEX CASES UNDER THE WIA RULES, THE ARBITRATORS MUST APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSER MAY HAVE THE AWARD REVIEWED BY A PANEL OF 3 NEW ARBITRATORS.

13.3 THIS AGREEMENT DOESN'T PERMIT CLASS ARBITRATIONS.

13.4 ANY ARBITRATION AWARD MADE AFTER COMPLETION OF ARBITRATION IS FINAL AND BINDING AND MAY BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

13.5 IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) ABOVE IS DEEMED UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. FURTHER, IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY TRIAL BY JURY.

14. Complaints

14.1 If you have any complaints or feedback about the Service you should send them in the first instance to help@truphone.com.

15. Marketing

15.1 In order for Truphone to provide the Service as a low cost service we may rely on advertising and marketing supplied through the Service and other mechanisms to subsidise the Service. We intend that any such marketing services shall be discreet and of targeted interest to you. By agreeing to this EULA you agree to receive such advertising and marketing information. If you do not want to receive such services you should notify us in writing at help@truphone.com. Truphone reserves the right to charge you a higher fee for the Service should you choose not to take these marketing services. This higher fee, if applicable, will be posted on the Truphone website.

15.2 We may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.

15.3 We may from time to time send you information about our other products and services. If you do not want to receive information about our other products and services you should contact us in writing at help@truphone.com.

16. Privacy

16.1 We take our customers' privacy seriously. Please read our Privacy Policy for full details and which can be found at www.truphone.com. Whilst we respect the privacy of our customers, the Service may be subject to interception by law enforcement agencies and bodies. In addition we may be compelled to disclose your personal details where we are required to do so by a valid order of an authorised governmental representative or court order.

16.2 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.

16.3 We will always use and process your personal data in compliance with the Data Protection Act 1988, as amended from time to time.

16.4 We will provide you with a copy of the personal data of yours that we hold where you request access to such information in writing and provided you pay us a nominal administration fee.

17. Miscellaneous

17.1 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.

17.2 You may not transfer or assign any or all of your rights or obligations under these terms and conditions.

17.3 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.

17.4 Failure to enforce any of our rights under these terms and conditions does not result in a waiver of that right.

17.5 We reserve the right to assign rights and duties contained in these terms and conditions to a third party.

17.6 You acknowledge and agree that any Licensed Application Third Party Provider are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such Licensed Application Third Party Provider(s) will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

17.7 If any provision of these terms and conditions are found to be unenforceable, all other conditions shall remain unaffected.

17.8 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.

17.9 All correspondence or notice from you must be addressed to The Customer Service Director, Software Cellular Network (North America) Ltd d/b/a Truphone, 12 Williams Road, Chatham, NJ 07928.

17.10 Truphone is a registered trademark of Truphone Limited, 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 and comply with the regulatory obligations of the FCC in the USA. Our VAT registration number is GB 851 5278 19. Software Cellular Network (North America) Ltd d/b/a Truphone is a wholly owned subsidiary of Truphone Limited.

17.11 By purchasing and using the Services you acknowledge that you have read this EULA and understand it and agree to be bound by its terms and conditions.

17.12 Section headings are for descriptive non-interpretive purposes.

17.13 These terms and conditions are subject to change from time to time at Truphone's sole discretion and the most up to date version is published at www.truphone.com. Where there is a conflict between any terms and conditions published in printed media and the Website terms and conditions, the Website terms and conditions will prevail. Please periodically check the Website for the most up to date terms and conditions that may apply to you.

These terms and conditions apply to pre-pay Services and if you want to change to post-pay Services (if provided by Truphone in your area) or you are taking the Services as part of your employment where your Employer has an account with Truphone, please see the post-pay terms and conditions published at www.truphone.com.

17.14 Customer Service Contact Numbers:

UK:

• Short Code Activation: 808
• Short Code Customer Service: 707
• General Enquiries: +44 203 318 0742

USA:

• Short Code Activation: 808
• Short Code Customer Service: 707
• General Enquiries: +1 646 360 1689

Australia:

• Short Code Activation: 808
• Short Code Customer Service: 707
• General Enquiries: +61 2 8999 4200