Post Office Mobile Customers Terms and Conditions

Transcription

1 Post Office Mobile Customers Terms and Conditions 1. ABOUT YOUR AGREEMENT WITH US 1.1 These Terms and Conditions apply to pre-paid Post Office Mobile Services. The Terms and Conditions contain important information about your legal rights so please ensure that you read these carefully. 1.2 In these Terms and Conditions we refer to Post Office Limited as Post Office, us, we or our and we refer to you as you and your. 1.3 Your agreement with us ( Agreement ) includes the following as updated from time to time: this document ( Terms and Conditions ); our Charges for the Services ( Price List ); the terms and conditions applicable to any bundles or specific proposition elements purchased (the Additional Terms ); our policy setting out how we collect and use your personal information ( Privacy Policy ); our policy which tells you the standards of conduct that you are required to meet and the usage guidelines we have set for the use of Services ( Fair Use Policy ); and additional terms and conditions that may apply to special promotions, 1.4 You can find our Price List, Privacy Policy, Additional Terms, Fair Use Policy and Code of Practice for Complaints Handling on our Website or you can obtain copies by contacting our Customer Service (see section 1.6). Terms and conditions that apply to special promotions will also be made available on our Website. 1.5 In the event of any conflict between these Terms and Conditions and any of the other documents referred to above, the Terms and Conditions shall have priority over such other documents. 1.6 If you need to contact us, or if you need any technical assistance, you can call our customer service ( Customer Service ) by calling 150 from your Mobile, or by calling from any other phone, or you can send an to mobile-enquiries@postoffice.co.uk. If you call from your Mobile, your call will be charged at the rate set out in the Price List, available at: If you call from a landline or from another provider s mobile phone, your call will be charged at your provider s rates. You can also write to us at: Post Office Mobile, PO Box 6337, Stratford-upon-Avon, CV37 1PR. Our Customer Service is open between 08:00 and 20:00 Monday to Saturday, and between 08:00 and 16:00 Sunday and Bank Holidays.

2 If you want to report a lost or stolen SIM Card, our Customer Service can be contacted 24 hours a day, 7 days a week. Please note that the calls to and from our Customer Service may be recorded for quality, training and compliance purposes. 2. EXPLANATION OF KEY TERMS Charges means the costs of using the Services; Electronic Top-up Card means the card you receive with your SIM Card which can be used to top-up your credit; Interactive Voice Response or IVR means an automated phone system allowing you to purchase Services from us using your debit or credit card; MMS means multimedia messages, through which multimedia content can be sent between mobile electronic devices; Mobile means the mobile telephone or other electronic device you use to access the Services; Mobile Top-up means pre-paid credit that you can use to pay for the Services; My Mobile Account means your individual account accessed via our Website, through which you can top-up your credit (see section 6); Network means the telecommunication system that enables the Services; Services means the mobile phone service that we provide to you, including making and receiving calls, Text Message, MMS and data access,; SIM Card means the card provided to you that is programmed to allow you access to the Services and that links to your mobile telephone number; Text Message means SMS (Short Message Service) messages of up to 160 characters in length sent between mobile electronic devices; and Website means the website at 3. LENGTH OF YOUR AGREEMENT FOR SERVICES 3.1 Our Agreement with you will begin when you first pay for or begin using the Services, whichever occurs first. 3.2 You begin using the Services when the first of the following events occurs: you make your first telephone call using your SIM Card; you send your first Text Message using your SIM Card; or you activate your first Mobile Top-Up, either via a voucher purchased in branch, or directly in branch via debit card or from one of our retail partners.

3 3.3 Our Agreement with you will continue until you or we terminate it in accordance with these Terms and Conditions. 3.4 There is no minimum term for the Services. 4. THE SERVICES 4.1 We will provide the Services to you using the reasonable skill and care required of a service provider. 4.2 Your SIM Card is automatically activated when you take one of the steps set out in sections to No other steps are required to activate your SIM Card. However, please note: it may not be possible to activate your SIM Card when you are abroad, we therefore recommend that you activate your SIM Card before going abroad; activating Mobile Top-Up purchased online will not activate the SIM Card; if your payment for your first Mobile Top-Up (see clause 3.2.3) is refunded under clause 8.1, your SIM Card will still have been activated. If your payment for your first Mobile Top-Up fails, your SIM card will still have been activated unless the payment was attempted via a Post Office branch, other participating retailer, or Customer Service; all Services will be available within 24 hours of activation of the SIM Card; and the activation of the SIM Card constitutes an express request for the Services to commence. 4.3 The Services may not be available in all areas of the United Kingdom as Network coverage may be limited in certain areas. Please see where you can insert your postcode to obtain information on the coverage available in your area. However, please note that the results of the coverage checker are a guide only and not a guarantee of service availability in a particular location. As with all radio-based systems, service may be affected by a number of local factors, such as building materials, tree cover and weather conditions. 4.4 When you are abroad, we will endeavour to provide you with access to accessible international mobile networks should you wish to use such services. This is called international roaming. Access to the international networks will be dependent on the coverage provided by our partners and coverage may be limited depending on your location. For further information on roaming charges see section We will do everything we reasonably can to provide the Services to you without any interruptions. However: subject to clause 16, we may occasionally change or update the Services; you may experience occasional disruptions to the Services because of, for example, technology faults or maintenance. We will try to restore the Services as soon as possible

4 and limit any disruption to you, but we are not responsible for delays in restoring the Service which are beyond our reasonable control as described in section 18; you may not always have uninterrupted mobile data services; access, download speeds and upload speeds of your mobile data services may not always be available at the maximum speeds we advertise, as these will be affected by the number of people using the services and your location; and the Network provider may apply traffic management controls to manage compliance with data caps, download limits and to optimise network utilisation. Traffic management is the term used to describe a range of technical practices undertaken to manage traffic across networks. 4.6 Text Messages longer than 160 characters will be sent as two or more messages and will be charged accordingly. 4.7 Certain elements of the Services may only be available for compatible handsets. Please contact our Customer Service to check whether the handset you wish to use is suitable for use with the Services as some devices have additional functionality and services that may not be supported by the Services we offer. 4.8 When you use our Services you will have access to: a directory enquiry facility (except when you are abroad); operator assistance services (except when you are abroad) and caller line identification facilities, provided that the caller chooses not to withhold their number. For each of these facilities except caller line identification you will be required to pay a fee. For details on the applicable charges please see our Price List, available at: We will not provide a directory on request and we will not provide the non-itemisation of calls which are free of charge made using your SIM Card. 5. YOUR OBLIGATIONS 5.1 You promise us that all information you have supplied to us is correct. You promise that you will tell us if any of that information changes by contacting our Customer Service or logging in and amending such information through your My Mobile Account. If we ask, you must provide evidence of any changes in writing to an address specified by us. If you fail to keep your information up-to-date you may not receive notifications from us about important changes to the Services. 5.2 You promise to pay us the Charges for the Services as set out in the Price List. For further information on the Charges, see section The SIM Card provided to you under this Agreement remains our property (or the property of our partners). You must take reasonable steps to prevent damage to, unauthorised use or theft of the SIM Card. If your SIM Card or Mobile is lost, stolen or damaged, you will be liable for the costs of any calls made, Text Messages or MMS messages sent or data used prior to you notifying us of the loss/theft of the SIM Card or Mobile. You may be charged for the cost of the replacement SIM

5 Card. We recommend that you take out insurance to cover your Mobile from loss, damage and theft. 5.4 You agree that we may use other suppliers to provide the Services or parts of it and that we may share your personal information with them for that purpose. You can find further information about how your personal data is collected and used in section 17 and in our Privacy Policy, available at: You promise not to use the Services (or allow the Services to be used): in any way which breaks the law; to make any call and/or send, knowingly receive, upload, download, use or re-use any material: (a) (b) (c) which is illegal, criminal, defamatory, abusive, offensive, indecent, obscene, menacing, anti-social, racist, distressing, harmful or threatening; which is in breach of confidence, copyright, privacy or any other rights; which damages or may damage our name and/or reputation or which may bring our name into disrepute; and (d) which does not comply with our Fair Use Policy, available at: to send or provide advertising or promotional material which the recipient has not asked for, or knowingly to receive responses to any such advertising or promotional material; to make spam telephone calls or send spam Text Messages or MMS messages; in any way that does not comply with any of our instructions (or the instructions of our suppliers) which may be necessary at any time for health and safety reasons or to prevent any disruption to the Services; and for commercial purposes. 5.6 You are solely responsible for evaluating the accuracy and completeness of any content that you download or access using the Services. In addition you are solely responsible for assessing the value and integrity of goods and services offered online by third parties that are made available to you by virtue of the Services we offer. 5.7 You agree that you will not behave in an obscene, threatening, abusive or hateful manner to our Customer Service. 6. TOPPING-UP YOUR MOBILE 6.1 You must pre-pay for the Services provided under this Agreement by purchasing credit, called Mobile Top-up. Mobile Top-up can only be bought in set amounts, details of which are set out

6 in the Price List. The Charges you incur for the Services will be deducted from the credit on your account, as set out in the Price List, Additional Terms (if applicable), and section 7 of these Terms and Conditions. If you have insufficient credit on your account, you may not be able to use the Services. 6.2 There are a number of ways to purchase Mobile Top-up: by purchasing a Mobile Top-up voucher in store at any Post Office branch or at any participating independent retailer displaying the epay sign; by purchasing Mobile Top-up using your Electronic Top-up Card from any Post Office branch or from our retail partners (see for further information on our retail partners and how the Electronic Top-up Cards work); online via our Website; through your My Mobile Account ( by Text Message (if your payment card details have been registered, see for further information); by IVR; or by calling our Customer Service. 6.3 Payment for Mobile Top-up purchased in Post Office branches can be made by debit card or cash. We accept payment with most standard debit cards. Please contact our Customer Service for further information on the debit cards we accept. Payment for Mobile Top-up purchased at other retail outlets will be subject to the payment options prescribed by that retailer. 6.4 Payment for Mobile Top-up purchased online, by telephone, Text Message or IVR can be made by credit or debit card. You will be asked to provide your payment card details to make the purchase. We accept payment with most standard credit and debit cards. However, please note we do not accept payment by internationally registered credit or debit cards and we do not accept payment by American Express. For further details on the payment cards we accept, please call our Customer Service. 6.5 Please note that Mobile Top-up vouchers must be activated within 12 months of the date of purchase. 6.6 Our partner, Mi-Pay Limited ( Mi-Pay ), provides the online and telephone Mobile Top-up service, on behalf of Post Office. The payment processing services are provided in a safe environment compliant with the Payment Card Industry Data Security Standards ( PCI DSS ). Mi-Pay also provides the Mobile Top-up service by Text Message and by IVR. Mi-Pay is the merchant of record for the purchase of Mobile Top-up. Please note: Mi-Pay is responsible for collecting payments from you;

7 6.6.2 you will be required to read and agree to the Mi-Pay Payment User Terms and Conditions before using their services. You can access the Mi-Pay Payment User Terms and Conditions here: and the Mi-Pay Privacy Policy here: you will be able to choose to either make a one-off purchase of Mobile Top-up as an unregistered user via IVR. You can also register with Mi-Pay so that your card details are stored to facilitate future purchases of Mobile Top-up. If you select the online topup option in your My Mobile Account, your registered details will automatically be passed on to Mi-Pay to create a Mi-Pay account for these purposes. Please see the Mi- Pay Payment User Terms and Conditions for further details. If your payment details change, you can amend these through your My Mobile Account; the payment will appear on your statement or bank account as MIP Post Office ; and you must not knowingly order Mobile Top-up when you have insufficient funds in your bank account or available on your credit/debit card. 6.7 Your Mobile Top-up will be available very shortly after payment is made, and at least within four hours of such purchase. When you have topped-up your credit, you will receive a Text Message to your Mobile confirming whether the Mobile Top-up was successful and your new balance. If your chosen method of payment fails no credit can be added to your balance. You should contact our Customer Service for further assistance. 6.8 You can check your credit balance in various ways, including: through your My Mobile Account; by calling our Customer Service; or by sending a Text Message with the word BAL to You can also arrange for your credit to be automatically topped-up a set number of times per month if your balance falls below a set sum; this is called Low Balance Mobile Top-up. You can set-up the Low Balance Mobile Top-up via your My Mobile Account. The payment will be taken using the credit or debit card details registered on your My Mobile Account You can also arrange for your credit to be automatically topped-up by a specific sum each week, month or every 30 days; this is called Automatic Mobile Top-up. You can set-up the Automatic Mobile Top-up via your My Mobile Account. The payment will be taken using the credit or debit card details registered on your My Mobile Account. 7. CHARGES FOR SERVICES 7.1 You can find the call Charges in the current version of our Price List, available at: Please note these prices may change from time to time. Charges include VAT.

8 7.2 All Text Messages and MMS messages are charged on a per message basis. You can find the Charges for Text Messages/MMS messages in the current version of our Price List. The Charges include VAT. Please note these prices may change from time to time. A standard Text Message contains up to 160 characters. Please note that if your Mobile is able to join together multiple Text Messages, Text Messages that are longer than 160 characters may be displayed as one continuous Text Message, when in fact more than one Text Message will be sent and charged for. 7.3 You can find the Charges for data in the current version of our Price List. The Charges include VAT. Please note these prices may change from time to time. 7.4 If you have bought any bundles or are eligible for any bonus credit or other offer, additional terms and conditions apply, as set out in the Additional Terms. The Additional Terms can be found on The cost of calls, Text Messages, MMS and data when travelling abroad will vary. Whilst abroad, access to the international networks will be dependent on the coverage provided by our partners and coverage may be limited depending on your location. For details on the countries where you can use your mobile and for information on roaming charges, please check If you intend to use data or MMS whilst abroad, then you must ensure that you have roaming data enabled, by purchasing a roaming data bundle. If you have not purchased a roaming data bundle, you will not be able to use data or MMS abroad. 7.6 If the VAT rate changes then we may change the Charges accordingly. VAT is charged at the rate that is applicable on the date on which the Services are used. We will try and make sure that any changes we make to the Charges reflect the changes to the VAT rate, but they may not match exactly as we may need to round Charges up or down. 8. YOUR RIGHTS TO CANCEL THE SERVICES 8.1 If you ordered your SIM Card online or over the telephone, you may cancel this Agreement without reason within 14 days from the day on which the Agreement commenced (see section 3.1) without incurring any cost, provided that you have not started using the Services. If you have already started using the Services in this 14 day period, you may still cancel this Agreement, but the Charges you have incurred (which will have been deducted from the credit on your account) will not be refunded. Any unused paid-for credit remaining on your account will be refunded to you. Any free or promotional credit remaining on your account will not be refunded to you. If you are due a refund following your request to cancel, we will pay the relevant sum to you, within 14 days of receipt of your notification to us of your decision to cancel. You will be reimbursed using the same means of payment as used to purchase the Services. To cancel this Agreement you must notify us of your decision using the Cancellation Form, available at: or by contacting our Customer Service. 8.2 You may cancel the Services by giving us at least 30 days notice without reason. You will not be given a refund for any unused credit save as set out in the circumstances in section 8.1 above.

9 8.3 You may cancel the Services by giving us written notice if we breach a material term of the Agreement that is incapable of remedy, or which we have been unable to remedy within 14 days after being notified to do so. 8.4 You may cancel the Services in accordance with section You can notify us that you would like to cancel the Services by contacting our Customer Service. If you want to change mobile communications service providers, and would like to keep your same mobile number please also contact our Customer Service. You will be given a Porting Authorisation Code ( PAC Code ) over the phone or as soon as possible thereafter. There will be no charge for this. Our Customer Service will be able to provide you with further information. 8.6 If you wish to cancel the Services, we recommend that you access any records that you may need from your My Mobile Account prior to cancellation. We will close your My Mobile Account following your cancellation of the Services. 9. OUR RIGHTS TO CANCEL THE SERVICES 9.1 We may cancel the Services immediately if: you breach a material term of this Agreement; we find you have given us false information or acted fraudulently; we have suspended the Services for 30 days or more (see clause 10); and/or bankruptcy proceedings are brought against you, you do not make payment of a court judgment on time, you make an arrangement with your creditors, or any of your assets are the subject of any form of seizure. 9.2 We may cancel the Services if you have not used the Services for a continuous period of 180 days. For the purposes of this clause 9.2, use of the Services includes sending a Text Message/MMS, making an outgoing telephone call, using data, purchasing and activating Mobile Top-Up and receiving a telephone call when roaming only. For the avoidance of doubt, receiving a Text Message, MMS or telephone call in other circumstances will not constitute use of the Services. 9.3 We will not refund any of your unused credit if we cancel the contract under the conditions set out in section 9.1 and 9.2 above. 10. OUR RIGHTS TO SUSPEND THE SERVICES 10.1 We may suspend the Services (or any part of it), immediately if: we need to, or any of our partners, such as the Network operator, needs to, carry out repairs, maintenance or introduce new aspects to the Services; we need to in reaction to security or integrity incidents or threats or vulnerabilities affecting the Services or the Network;

10 we are told to do so by the Government, the emergency services or any other lawful authority; you breach a material term of this Agreement; you fail to pay any sum due or you exceed your credit limit; or we have a right to do so elsewhere in this Agreement Unless we suspend the Services (or any part of it) because of something you do (or fail to do), we will try to restore the Services as soon as possible. 11. WHAT HAPPENS IF THE SERVICE IS SUSPENDED OR CANCELLED? 11.1 If we suspend or cancel any part of the Services, we may refund any Charges you have paid in advance for the part(s) of the Services you are unable to receive because of that suspension or cancellation. However, if we suspended or cancelled the Service (or any part of it) because of something you did (or failed to do), we may charge a reconnection fee if we restore the Services, which will be based on the costs we incur in doing so, see the Price List for further details If we and/or you cancel all parts of the Service, your Agreement will automatically terminate. 12. RESTRICTION OF SERVICES 12.1 We reserve the right to bar your use of the Services if: the number of calls from your SIM Card or the destination of calls changes significantly; you breach the terms of this Agreement; or we reasonably think it is necessary, for example, where there is high usage on your Mobile We will try to tell you before we bar your use of the Services, but this may not always be possible. If we cannot tell you beforehand, we will tell you as soon as we reasonably can We may also bar you from making premium rate calls when you first start to receive the Services. Please note, you will be unable to send Text Messages or MMS to premium rate numbers or access adult rated data content at any time, as these services are currently unavailable If your use of the Services is affected by our barring of the Services, you may ask us to change this by contacting our Customer Service. We will decide whether or not to remove any Service barring. If we do decide to remove Service barring, we will need to take your credit card details and you may be required to make a payment. 13. EMERGENCY CALLS 13.1 The Services allows calls to be made to the 999 and 112 emergency services numbers, free of charge, and provides information concerning the location from which a call to the emergency organisations has been made.

11 13.2 You will still be able to make calls to emergency services if we have barred your calls You will not be able to make calls to emergency services if the Network is unavailable (for example because the mobile network is interrupted by a flood, storm or similar event). 14. WHAT RIGHTS AND REMEDIES WILL YOU HAVE AGAINST US? 14.1 We do not exclude or limit our liability for fraud or for death or personal injury resulting from our negligence. Your statutory rights (which include, for example, that we will provide the Services to a reasonable standard and within a reasonable time) are not affected by anything in this Agreement. For more information about your statutory rights, contact your local Citizens Advice Bureau or Trading Standards Office. Except for the preceding three sentences, we limit our liability to you under this Agreement to a maximum of 250 for any one incident or series of related incidents Except as set out in the preceding paragraph, we will not be liable under this Agreement for any loss that could not have been reasonably expected by you and us at the time of entering into this Agreement, any financial loss (including any loss of income, business or profits, but excluding the Charges), any information which is lost or corrupted, or any damage or loss suffered or incurred by you as a result of: any use of the Services in breach of this Agreement (including any use of the Services for commercial or business purposes); any alterations made to the Services or any equipment by anyone other than us; any fault in (or failure of) any equipment used in connection with the Services (whether or not provided by us) or any antivirus software or other security features, except where any such damage or loss is a direct result of our negligence; any use of the Services with any equipment which does not carry the European Consumer Equipment Standards CE mark, which is not compatible with the Services or which is not connected to the Services and used in accordance with any published instructions and/or applicable safety and security procedures; and/or our cancellation or suspension of the Services in accordance with these Terms and Conditions except as set out in section TECHNICAL SUPPORT SERVICES 15.1 If there are any problems with the Services, you must tell us by contacting our Customer Service as soon as reasonably possible Our Customer Service will try to solve any problems for you. When you report your fault, we may ask you to perform a few simple checks to help us establish the cause of the problem. If the fault is with our suppliers, we will work with their fault repair agencies on your behalf You agree to give our Customer Service any help they reasonably ask for to help them solve the problem.

12 16. CHANGES TO THIS AGREEMENT 16.1 We may change the Services, the Charges or this Agreement at any time. We will publish any changes on our Website If any changes are likely to be of material detriment to you, we will notify you of that change at least one month before it takes effect. We may do this by publishing the change on our Website and by giving you written notice by Text Message. If we cannot notify you of the change at least one month before it takes effect (for example because the change is necessary for the security of the network, because of regulatory change at short notice, because one of our suppliers makes changes to its service at short notice, or because any telephone network provider increases its call charges at short notice), we will notify you as soon as we reasonably can. If our proposed change is not acceptable to you (save for any change required by law or regulation), you may cancel the Services without penalty, so long as you notify us that you wish to cancel within 30 days of the date of our notice. 17. YOUR PERSONAL DATA 17.1 We are registered under the Data Protection Act We take your privacy very seriously and the personal data which you provide to us will be used in accordance with our Privacy Policy, available at: We will use the information you provide to us to provide the Services to you. Our Privacy Policy explains in more detail how we will use the personal data you provide to us You agree that we may share your personal data with the Post Office group of companies. We also work with third party suppliers and partners to provide the Services to you. We may share the personal data you provide to us with such partners for the purpose of providing the Services to you We may use the information you provide to us to send you marketing communications about our related products and services. You can let us know if you do not want to receive these messages by logging in to your My Mobile Account or by contacting Customer Service. 18. EVENTS BEYOND OUR REASONABLE CONTROL 18.1 We are not responsible for events beyond our reasonable control. Such events might include network failures, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction We may suspend or cancel the Services (or any part of it) if, despite trying to do so, we are not able to provide it to you as a result of events beyond our reasonable control. However, if we suspend or cancel all or any part of the Services because of one of these events, we may refund any Charges which you paid for any part of the Services you could not receive, see section 11.

13 19. COMPLAINTS AND DISPUTE RESOLUTION 19.1 We aim to provide you with the highest quality of service. If you are unhappy with any aspect of the Services then please contact our Customer Service on , by to or by post to Post Office Mobile, PO Box 6337, Stratford-upon-Avon, CV37 1PR. You can find details of our complaints and dispute handling procedures in our Code of Practice for Complaints Handling which can be accessed using the following link: We are a registered member of the Ombudsman Service, which deals with complaints relating to the Services. If you are still unsatisfied eight weeks after raising your complaint, or if we have sent you a deadlock letter telling you that we are no longer dealing with your complaint, you can complain about us to the Communication Ombudsman Service. You can find out more information about the Ombudsman Service through their website at or by calling them on OTHER MATTERS 20.1 Post Office Limited is a company registered in England and Wales, company number Our registered office is Finsbury Dials, 20 Finsbury Street, London, EC2Y 9AQ. VAT registration number: GB Post Office Limited can be contacted on , and by to mobileenquiries@postoffice.co.uk We may wish to transfer our rights or obligations under this Agreement to someone else. You agree that: we may do so provided that the transfer does not affect your rights or otherwise significantly disadvantage you; and after we notify you of the date of the transfer, your only rights under or in connection with this Agreement will be against that other person and not us You must contact our Customer Service if you want to terminate the Services and transfer your mobile number to another provider If any court or other competent authority finds any of the terms of this Agreement to be invalid or unenforceable, the other terms of this Agreement will not be affected This Agreement is governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). Any dispute arising in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the courts of your home in Scotland or Northern Ireland. Last updated: June 2015