White Mobile – Standard Terms & Conditions
DEFINITIONS The following words and expressions shall have the following meanings:
Accessories: products approved by White Mobile which you use in conjunction with your Device. They include (without limitation) batteries, chargers, car kits, headsets and carry cases.
Age Restricted Services: any Services which are specified for use only by customers over a specific age. Bar: a block placed by us on some or all of the Services you normally use (except forcalls to emergency services). It may include us restricting the Service whereby you will automatically be redirected into White Mobile Customer Services when you attempt to make an outgoing call from your
Device Charges: all charges for Services, as published in our periodically updated White Mobile Price Guide. These include any reasonable administration charges.
Connection: the process of giving you access to a Service. “Disconnection” and “Reconnection” have a corresponding meaning.
Content: information, communications, images and sounds, software or any other material contained on or available through the Services.
Customer Communications: information made available to you by White Mobile which provides information on Services. It may be made available on your Device or provided electronically or distributed with new Devices or in mailings to some or all White Mobile Customers.
Device: a mobile telephone, device or data card (excluding Accessories) which is approved by White Mobile and used by a White Mobile Customer for connection to the Network.
Top Ups: a prepayment allowing access to the Services by topping up using one of the various means and governed by the rules regarding Top Ups.
Network: the electronic communications system by which White Mobile makes the Services available to you and to other White Mobile Customers in the United Kingdom.
Registration: our acceptance of your application for Services. For the avoidance of doubt it shall include our record of any user data you may supply to us prior to connection. “Register” has a corresponding meaning.
Roaming: an optional Service which allows you to use your SIM on other operators’ networks, usually in foreign countries.
Services: the Network and other Services, including White Mobile Additional Services, provided or procured by us for you to use.
SIM: a card or other device which shall for the avoidance of doubt include a USIM which contains your personal telephone number and which is programmed to allow you to access the Network.
Suspension: the temporary disconnection of Services, “Suspend” shall have a corresponding meaning.
User: you or another person named by you who is authorised to use your Device.
White Mobile: Those service providers, including S A Services Limited, Transfer 2, Wrappz, whose services can be accessed via a White Mobile branded SIM (and any organisation(s) that may provide services from time to time) and referred to below from time to time as “we” “us” or “our”.
White Mobile Additional Services: optional Services (including but not limited to Roaming, International Calling, Premium Rate Services, and Content provided by White Mobile) which may cost extra whether they are supplied in conjunction with Service Plans or outside Service Plans.
White Mobile Customer: a customer of White Mobile to whom we provide the Services.
White Mobile Price Guide: a list of our current Charges which is updated from time to time and is available from us upon request. To the extent that there is any conflict between the White Mobile Price Guide and any other point of sale pricing information, the White Mobile Price Guide takes precedence.
2. PROVISION OF SERVICES
2.1 Although we marketed under the White Mobile brand, certain of the services are provided by Everything Everywhere network. These terms and conditions do not cover any services that may be provided to Everything Everywhere customers, unless we tell you otherwise. Charges for calls and texts you make to Everything Everywhere customers are charged as calls and texts to customers of another mobile network, unless we tell you otherwise. Further details are shown on the White Mobile website
2.2. We will take all reasonable steps to make the Services available to you at all times. The Services are only available within the range of the base stations that make up the Network. We cannot guarantee a continuous fault free service.
Please note that:
2.2.1. the quality and availability of Services may sometimes be affected by factors outside our control – such as local physical obstructions, atmospheric conditions, other causes of radio interference, features or functionality of your Device, the number of people trying to use the Network at the same time, and faults in other telecommunication networks to which the Network is connected.
2.2.2. the quality of our Services may not be at its best inside buildings or below ground.2.3. When you move outside the White Mobile enhanced service area this may result in:
2.3.1. the call being terminated if you are on a video call;
2.3.2. the speeds at which data is downloaded being affected; and/or
2.3.3. the sound quality being affected if you are on an HD voice call.
2.4. Any coverage maps are our best estimate but not a guarantee of service coverage which may vary from place to place.
2.5. The Network and the Services may from time to time require upgrading, modification, maintenance or other works. These may result in some or all of the Services becoming temporarily unavailable. In such cases, we’ll do everything we can to keep the period of non-availability to a minimum. However, some interruption is inevitable.
2.6. For the purposes of good management and security and to make sure we follow your instructions correctly and to improve our service to you through training of our staff, or to monitor instances of unsolicited messages, we may monitor or record communications. Where we have good reason to believe such communication is unsolicited you agree we may but are not obliged to block such communication.
2.7. We may Suspend the Services in whole or part at any time without notice if we have good reason to believe you haven’t complied with one or more of these terms and conditions or if any money owed by you to us whether in relation to Services or not remains unpaid.
2.8. We shall investigate all complaints made whether by or against you and reserve the right to Suspend the Services if a complaint has been made against you pending the results of investigation of the complaint.
2.9. Roaming relies upon the telecommunications systems of foreign networks over which we have no control. We cannot therefore offer any guarantee about Roaming services.
2.10. If you use Services from a country outside the UK your use of the Services may be subject to different laws and regulations that apply in that other country. White Mobile is not liable for your failure to comply with those laws or regulations.
Storage and transmission of information on the Network
2.11. We may establish limits concerning the use of the Services for example the maximum size of an email message that may be sent or received or the maximum capacity allocated to you for storage of Content on the Network which you access via the Services.
2.12. You agree that White Mobile has no responsibility for the deletion, corruption or failure to store any Content maintained or transmitted by the Network.
2.13. Whilst White Mobile has no responsibility to monitor the use of the Services, if you exceed the use limits we reserve the right to refuse to store or send Content on your behalf.
Access to the Services and Content
2.14. Under no circumstances will White Mobile or any of the other parties involved in the provision of Content, be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in Content or the provision of Content. If you do notice a fault or error in the Content, please notify the fault to White Mobile.
2.15. White Mobile accepts no liability for the loss, late receipt or non-readability of any download, transmission, or other communications. The Content, which is obtained from a large range of sources, is supplied to you on an “as is” basis and White Mobile does not warrant that the Content is of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or is free from error.
Access to the third party services and the internet
2.16. We have no control over the value or quality of goods, services or Content offered by third parties on or through the Services. As a result we cannot be responsible or liable in any way for and do not endorse, any of these goods, services or Content.
2.17. The Services may be used by you to access websites and networks worldwide. White Mobile accepts no responsibility for the Content or services in respect of these and you agree to conform with the instructions issued by those websites and networks relating to your use of those services.
2.18. If you use your Device to access the internet or third party services, as it may not be a secure environment, unwanted programs or material or viruses may be downloaded to your Device without your knowledge which may give unauthorised access to, or damage your Device and the information stored on it. White Mobile is not liable or responsible in any way for such unauthorised access, damage to or loss of information on your Device whether transmitted via the Services or otherwise. You will remain responsible for all charges deducted from your account for the use of any Services activated by such viruses.
Age Restricted Services
2.19. You are not permitted to access Age Restricted Services (if any) if you are below the age specified to access the Services. If you are allowed to access the Age Restricted Services by virtue of the fact that you are the specified age or older you must not show or send Content from the Age Restricted Services to anyone below the specified age. If you let anyone under the specified age use your Device you must ensure you deactivate access to any Age Restricted Services.
3. TOP UPS
3.1. Any free airtime given to the customer on initial registration of their new pay as you go SIM (if any) shall be valid for the periods set out in the White Mobile Price Guide, website and/or any other Customer Communications current as at the date of Registration.
3.2. In the event that the cash value of airtime forming part of free airtime given to a White Mobile Customer in accordance with Condition 3.1 above is not used within the relevant validity period stated in Condition 3.1 such unused airtime will be forfeited.
3.3. Notwithstanding that you use all of a Top Up (or that the free airtime given to a White Mobile Customer in accordance with Condition 3.1 above expires) your SIM will continue to be capable of receiving incoming calls for the periods set out in the Price Guide and/or any other Customer Communications current as at the date of expiry.
3.4. We will disconnect your SIM if during the previous 60 days you have not Registered a new Top Up or you have not made chargeable calls from your SIM. For the avoidance of doubt calls shall include but not be limited to voice calls, data calls and text messaging. On disconnection your mobile telephone number will be reassigned. On Reconnection you will be assigned a new mobile telephone number.
3.5. No credits will be given for unused Top Ups.
4. OUR RIGHTS TO TERMINATE YOUR SERVICES
4.1. We may Disconnect your SIM and refuse to Reconnect it at any time in whole or in part immediately by notice in writing to you if:
4.1.1. you fail to comply with Conditions 2.6, 2.7, 5 and 6 of these terms and conditions provided that where such failure is capable of remedy you have not taken such remedial steps as we shall have required within 7 days of our giving you notice of such failure; or
4.1.2. for whatever reason we are unable to provide the Services.
5. YOUR RESPONSIBILITIES
5.1. Recognising that good management and security of the Services is important to all White Mobile Customers you agree that you will:
5.1.1. not use the Services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature;
5.1.2. not cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to us or to any of our customers which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;
5.1.3. not act in any way, whether knowingly or otherwise, such that the operation of the Network or any part of the Network will be jeopardised or impaired;
5.1.4. only use a Device and Accessories approved for use with the Network and comply with all relevant legislation or regulation relating to its use;
5.1.5. comply with any reasonable instructions issued by us which concern your use of the Services and cooperate with use in our reasonable security and other checks (which may include us making phone calls to you);
5.1.6. not send or upload anything that is copyright protected (unless you have permission) or which in any way breaches the intellectual property rights of any third party;
5.1.7. not copy, modify, store, forward, publish or distribute the Services or their Content without our express permission;
5.1.8. only use Content for your own personal use and not for any commercial purposes or distribute it commercially;
5.1.9. not to resell, resupply or otherwise distribute the Services without the prior written agreement of White Mobile;
5.1.10. not to circumvent the Age Restricted Service mechanisms.
6. INFORMATION SUPPLIED BY YOU
6.1. If at the time of Registration you provide to us your name, address and other factual information, you represent to us that these are correct.
6.2. You acknowledge that if we suspect on reasonable grounds that information has been supplied to us without the knowledge of the person named or that an application is unauthorised or contains false particulars, for the protection of our White Mobile Customers and the Network, we may delay Connection or Disconnect Services to your SIM while we investigate further. If our suspicions prove groundless we will Connect or Reconnect Services immediately. You acknowledge that you will have no claim against us in respect of any delay or Disconnection caused as a result of the operation of this Condition 6.2.
7. SIM CARD
7.1. it is your responsibility to keep your SIM card safe. SIM cards are easily damaged and should be handled with care. We will replace any SIM card found to be defective by reason of faulty workmanship or design free of charge but may charge for replacing or renewing a SIM card in any other circumstances. We reserve the right to recall any SIM card from you at any time to enhance or maintain the quality of the Services.
7.2. You must inform us immediately in the event that a SIM card is damaged. We will send you a replacement SIM card as soon as reasonably practicable but we reserve the right to charge you for doing so.
7.3. The software in the SIM is either owned by or licensed to ourselves and we hereby grant you a nonexclusive license to use it for accessing the Services and not otherwise.
7.4. The SIM card supplied to you enables the Device to access Roaming services. We will change this at your request, subject to our current policy relating to the same and provided you pay the current administration charge.
8. DIRECTORY AND CALLER ID
8.1. We will arrange for your White Mobile number to be entered into White Mobile and third party directories, and the Network will allow the display of your White Mobile number on receiving Devices. Your mobile phone number and the approximate location of your Device will always be sent if calling the emergency services.
9.1. Your Device and Accessories are acquired by you outside the operation of these terms and conditions and, as between you and White Mobile, are your property.
9.2. You must inform us immediately in the event that the SIM card is lost or stolen.
9.3. We may at your request Suspend Services for a maximum period of 30 days whilst you make arrangements to obtain an alternative phone.9.4. In the event that you fail to make a request as permitted by Condition 9.3 then any current Top Up will lapse when you report the loss or theft of your SIM or if you do so make a request on the expiry of the 30 day period if you do not during that period request the reinstatement of the Top Up.
10.1. Please refer to the Rate section of this website for the latest rates. We reserve the right to vary these terms and conditions and the Charges from time to time upon giving reasonable notice.
11. CUSTOMER COMMUNICATIONS
11.1. We update our Customer Communications from time to time. Information on various topics is mailed to Customers and is available on request from us. You are asked to read your Customer Communications and to keep those which are mailed to you until they are superseded. We regard you as having been given any information if it is either:
11.1.1. included in a mailing addressed to you;
11.1.2. by voicemail, email text or other form of electronic message sent by us to your Device; or
11.1.3. communicated directly by any means.
12. ASSIGNMENT AND CHANGE OF OWNERSHIP OF PHONE
12.1. For your security, we will not knowingly Reconnect a SIM owned by you to the Network at the request of someone other than you unless the person requesting Reconnection is able to correctly identify your account password.
12.2. We may assign our rights and obligations under these terms and conditions at our discretion.
13.1. Except as provided in this Condition 13, neither party shall be liable to the other, whether in contract or tort or otherwise, for any loss or damage which is:
13.1.1. not the fault of the other party;13.1.2. indirect and/or not reasonably foreseeable;
13.1.2. loss of business, profits, savings, revenue, use or goodwill whether caused to the other party through any breach of these terms and conditions or any matters arising under them.
13.2. Neither party excludes liability for negligent acts or omissions causing death or personal injury to any person.
13.3. Subject to Condition 13.1, we limit our legal liability up to a maximum of the amount of the Top Up remaining on your SIM (which in any event shall not be greater than a maximum of one hundred pounds per claim or a series of related claims for any loss or damage).
13.4. We will not be liable to you if we are unable to perform an obligation or provide the Services to you because of any factor outside our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.
14.1. You agree to the disclosure to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:
14.1.1. any details of how you have performed in meeting your obligations under these terms and conditions;
14.1.2. any disclosure as may be within our Data Protection Act registration;
14.1.3. any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.
14.2. We may use any information which you provide to us together with other information for administration, marketing, customer services, tracking your Device and web use preferences, and profiling your purchasing preferences. We may disclose such information to our service providers and agents to help us with these purposes. We will keep your information for a reasonable period after your contract with us has finished in case you decide to use our Services again and may contact you about our Services during this time.
14.3. By registering your SIM on the Network you consent to us sharing your information with other companies who are our business partners. They or we may contact you by mail, telephone, electronic messaging services, fax or email to let you know about any goods, services or promotions which may be of interest to you. Please call customer services if you do not wish to receive such information from us, or if you do not wish to receive information from our business partners, but remember that this will preclude you from receiving any of our special offers or promotions or those of our business partners.
14.4. By registering your SIM on the Network you consent to our transferring your information to countries which do not provide the same level of data protection as the UK if necessary for providing you services you require.
14.5. We have the rights to transfer any or all of your information to a third party in the event of a sale or transfer of the assets or business of White Mobile to a third party.
14.6. You have a right to ask for a copy of your information (for which we charge a small fee) and to correct any inaccuracies.
14.7. When you give us information about another person you confirm that they have appointed you to act for them, to consent to the processing of their personal data, and to the transfer of their information abroad and to receive on their behalf any data protection notices.
14.8. All notices under these terms and conditions will be sent to either your mobile number or to the address given by you on Registration unless you notify us of a change to this address. Any notice from us to you will be deemed served 48 hours after transmitting/posting or an earlier proof of delivery.
14.9. All notices to be served in accordance with these terms and conditions must be served by text message, electronic mail or by post or facsimile.
14.10. Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it was given. It does not affect our rights under these terms and conditions in any other way.
14.11. You may request that disputes between you and us are referred to arbitration (CISAS) under our Code of Practice for Complaints (www.WhiteMobile.co.uk/contact-us). We will supply a copy of our Code of Practice for Complaints to you on request.
14.12. The operation of these terms and conditions shall be interpreted in accordance with the Laws of Jersey and you submit to the exclusive jurisdiction of the Jersey Courts in relation to any dispute arising out of these terms and conditions or the Services.
14.13. As well as these terms and conditions, you should also refer to the terms and conditions of purchase of your airtime voucher which can be found at www.whitemobile.com, which you also agree to by virtue of your access to or use of the Services.
GLOBECOM SERVICES LIMITED – STANDARD TERMS AND CONDITIONS RELATING TO PRE-PAID CREDIT VOUCHERS for White Mobile services
1.1 These terms and conditions apply to the supply to you, (the “Customer”), of Credit Vouchers distributed by Globecom Services Limited and the subsequent provision of services available in exchange for part or all of the credit available on such Credit Vouchers, such services being provided by SA Services Limited or Crazy Covers or Transfer2, or any other service provider from time to time (the “Service Providers”).
2. Our agreement
2.1 This agreement begins, and these Standard Terms and Conditions are effective and deemed accepted when you purchase a Credit Voucher and your request for services is accepted and you enter, via a telephone or on-line keypad, the unique PIN found on each Credit Voucher distributed by ourselves.
2.2 There will be a separate account, and the commencement of a separate contract, for each Credit Voucher you purchase. Charges (being the charges for services that you use) will be applied to your account until such time as all credit available on that account has been used or expired.
3. Providing services
3.1 We and the Service Providers will try to ensure the services are made available to you, but sometimes they may be affected by things we cannot control, for example, the weather, interruptions to services from suppliers and faults in other telephone networks. Certain services may be suspended but we will endeavour to give as much notice of this as practical.
3.2 The services are made available provided:
3.2.1. they are not used for anything illegal, immoral or improper;
3.2.2. if they are for telecommunications services they are not used to make offensive or nuisance calls or to
make or receive reverse charge calls;
3.2.3. 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;
3.2.4. you provide information reasonably asked for and you do not give any false information;
3.2.5. all reasonable instructions given to you are followed;
3.2.6. all amounts relating to the Credit Voucher have been received by us.
4. Telephony Services
4.1 Please refer to the websites of the relevant Service Provider for up to date charging terms and conditions.
4.2 Rates and billing conditions are subject to change without any prior notice; this may be due to circumstances outside the control of voucher provider such as changes to wholesale prices that it are charged by third party suppliers.
4.3 Charges may vary from some public and mobile phones; Globecom Services Limited recommends that customers check the relevant charges with their mobile provider before using this product.
4.4 Different rates may apply for calls made to some premium numbers, non-geographical numbers and mobile numbers.
4.5 Your Service Provider may charge you for using certain access numbers, such as 0871, 0845, 020, 07755 and 0800; we recommend that you check with your supplier before using these numbers.
4.6 All SIM cards that we provide to you remain either our property or the property of our Network Operator(s). Your purchase of a Credit Voucher entitles you to a non-exclusive licence to use the SIM card under the provisions of these terms and conditions. We may replace your SIM card at any time and may also require you to return your SIM card to us.
4.7 You must advise us if your SIM card is lost, stolen or damaged. We will replace any SIM card free of charge if it is defective however we reserve the right to charge you for a replacement where a SIM card appears to have been damaged by deliberate misuse or carelessness.
4.8 For all calls lasting more than 5 minutes, the final minute will be billed as 120 seconds.
4.9 Data usage is rounded up to the next full-kilobyte increment at the end of each data session. There are 1,024 kilobytes in one megabyte. Data is billed in 100kb increments.
5. Expiry of the Credit Voucher
5.1 Each credit voucher will expire either:
5.1.1. In accordance with the expiry date as set out on the credit voucher;
5.1.2. If no such expiry date is set out on the credit voucher, not less than 90 days after first supplied; or
5.1.3. When the actual cash received for credit on the credit voucher has been used up.
5.2 No refund will be made in respect of any unused credit left on the Credit Voucher at the time it is expired.
6. Monitoring of calls
6.1 Calls received may be monitored and recorded. This may be done to improve the service which is provided and to ensure compliance with practices and procedures.
7. Disclosure of Personal Information
7.1 Where we have told you in advance, certain information may be disclosed to third parties such as the network service provider for purposes solely connected with the provision of service via their networks. Where required or permitted by law, information may be provided to others, such as the Police or other Government Departments.
7.2 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 other measures in order to ensure compliance with all applicable legal requirements.
8.1 We are only liable to you as set out in this agreement. We have no other duty or liability to you. Our entire liability to you for something we or anyone who works for us does or does not do will be limited to a maximum of the purchase price of the Credit Voucher, or the amount of credit remaining, as applicable.
8.2 We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement. We are not liable to you in respect of the products or services you order from other companies using your Credit Voucher.
8.3 If you have a mobile phone which gives you access to the Internet, you may be able to access web sites and material which we do not control. Therefore we have no responsibility for these sites or their content, or for any services which you obtain through the Internet. Also you, and not us, are responsible for all information that you upload, email or transmit via the Internet. You must tell us about any claim as soon as reasonably possible.
8.4 We will not be liable to you if services cannot be provided because of something beyond our control.
8.5 Nothing in this agreement shall exclude or restrict Globecom Services Limited’s liability for death or personal injury resulting from the negligence of Globecom Services Limited or its employees.
8.6 This section will apply even after this agreement has ended.
9. When we may suspend or disconnect the services
9.1 Any of the services may be suspended or made unavailable without warning if
9.1.1 the network breaks down or needs maintenance;
9.1.2 you do not, or someone who uses your Credit Voucher does not, keep to the conditions of this agreement, or any other agreement with us;
9.1.3 you or anyone who uses your Credit Voucher damages the network or puts it at risk, or abuses or threatens our staff;
9.1.4 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; or
9.1.5 you choose not to make use of the Credit Voucher for 90 days or more.
9.2 We can charge you the reasonable costs incurred by us for reconnecting you to the services.
10. Cancellation of this agreement
10.1 We can cancel this agreement immediately if any of the following happens:
10.1.1. you break an important condition of this agreement or a number of less important conditions;
10.1.2. you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
10.1.3. the service providers no longer makes the service available;
10.1.4. your service has been suspended or disconnected under 9.1; or
10.1.5. any of the provisos for use of the services set out in 3.2 are not complied with.
10.2 You can cancel this agreement at any time for any reason.
10.3 If this agreement is cancelled your Credit Voucher will be disconnected and you will not be able to use the services at all.
10.4 If you decide to cancel this agreement because charges are increased, services are withdrawn or there is any other change to this agreement, and your account is in credit, we will refund the amount of such unused credit. In order to claim your refund you must contact Customer Services within 30 days of the date of the change. A service charge of £5 will be made for refunding credit.
11.1 The customer may not assign or delegate or otherwise deal with any of their rights or obligations under this Agreement without the express consent of Globecom Services Limited, such consent not to be unreasonably withheld. Globecom Services Limited shall have the right to assign or otherwise delegate all or any of its rights and obligations under this Agreement go any other person.11.2 This agreement is governed by the laws of Jersey and is subject to the jurisdiction of the Jersey Courts.