Service Specific Terms & Conditions- Mobile Service
These Service Specific Terms and Conditions together with the General Terms and Conditions and the Terms and Conditions for Sale and Rental of Equipment apply when We provide the Service and/or sell Equipment to You. You are deemed to have accepted these Service Specific Terms and Conditions, the General Terms and Conditions and the Terms and Conditions for Sale and Rental of Equipment when You sign the Service Application Form.
- In these Service Specific Terms and Conditions:
“Airtime” means use of Our mobile network in consideration of payment of usage charges.
“Call Credits” means the value of the Airtime credits remaining on Your account, which is available for use by You.
“Mobile Data” means any mobile data transfer technology that We may introduce from time to time.
“Service” means the mobile services We provide to You.
“Service Fees” means the amount charged to Your account for the selected plan or the amount by which We decrement Your account as payment for the value added services We provide to You.
“SIM Card” means the Subscriber Identity Module used with GSM compatible mobile devices to access the Service.
- In these Service Specific Terms and Conditions:
- The terms “roam” or “roaming" refer to coverage on another carrier’s network (including any other Flow network in the Caribbean) that We may make available to You based on Our agreements with other carriers. These agreements may change from time to time and roaming coverage is subject to change without notice.
- Reference should be made to the General Terms and Conditions for any definitions which are not specifically included in these Service Specific Terms and Conditions.
- Where We sell or rent You any equipment for use with the Service, the provisions of the service schedule titled ‘Terms and Conditions of Sale and Rental of Equipment’ shall apply.
- When You subscribe to the Service but use a mobile device not provided by Us that mobile device must comply with standards to be determined by Us. We can change these compliance standards at any time during Our agreement by providing You with thirty (30) days notice in writing before any changes take effect.
- If You use a mobile device that We did not provide You are required to ensure that this device will work with Our mobile network. We cannot guarantee provision of the Service to You when You use a mobile device not supplied by Us.
- You agree to take adequate precautions to prevent damage to, or unauthorised use or theft of, Your mobile device and the SIM Card.
- If Your mobile device and/or SIM Card is lost, stolen or damaged, You must call Our Customer Service Department immediately and We will bar the mobile device from making or receiving any calls. You must confirm Your report in writing within fourteen (14) days. If the mobile device /SIM Card is subsequently recovered You must request in writing that We lift the bar on Your service. Where We provide You pre-paid Service We will require Your completed registration form or Service Application Form and proof of identity to effect these changes. In any event, You are responsible for paying all charges resulting from use of the mobile device and/or SIM Card until You notify Us in writing of its loss, theft or damage.
- Wireless systems use radio channels to transmit voice and data communications over a complex radio network. Your mobile device may contain sensitive or personal information. We will make all reasonable efforts to ensure privacy while using a mobile device, however mobile telephone calls may be intercepted and so, while complete privacy is likely, it cannot be guaranteed; and We will not be liable to You for any lack of privacy which You may experience while using the Service.
- We are not responsible for any information on Your device, including sensitive or personal information. If possible, You should remove or otherwise safeguard any sensitive or personal information when Your device is out of Your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling Your device. By submitting Your device to Us, You agree that Our employees, contractors or vendors may access all of the information on Your device.
- We will provide the Service to You as long as You agree not to use the Service or allow anyone else to use the Service:
- for sending any communication (text and/or voice, still and or video photographs or images) which is of an offensive, abusive, indecent, obscene or threatening nature or let anyone else use the Service for any of these purposes; or
- to make calls, send text messages and/or send still and or video photographs or images, or allow others to use the Service to make calls, send text messages, and/or send still and or video photographs or images that cause any nuisance, annoyance, or inconvenience to anyone; or
- to attach any device to the mobile device, or use any procedure to avoid, evade or reduce payment of Our charges or let anyone else do so; or
- to attach to a mobile device or Our property any electrical or mechanical device without Our written consent.
- Your ability to receive roaming coverage depends on the radio transmissions Your mobile device can pick up and the availability of roaming coverage. We make no guarantee that roaming coverage will be available. Roaming coverage may exist both within and outside Our network coverage areas. Your device will generally indicate when You are roaming. Depending on Your Services, separate charges or limits on the amount of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (including data services, voicemail, call waiting, etc.).
- You must only use mobile devices, SIM Cards and accessories that have been approved by Us for use with the network, and must follow relevant laws, regulations and rules that apply to use of the Service and the network.
- GSM compatible mobile devices only work with a SIM Card. This card contains a microchip that identifies You to Our network. It stores information about Your phone number, service and registration and provides the memory for Your phone book and stored messages. For Your security You should add a personal security code to Your SIM Card to prevent unauthorised use of Your phone. The Service will not work without the SIM Card so You must keep it with You at all times.
- You shall use the SIM Card provided to You only to access Our network and Our services. You acknowledge that We have configured the SIM Card such that it is barred from use with any other provider’s network or service. The SIM Card is locked to Our network. You shall not unlock the SIM Card or allow any third party to unlock the SIM Card without Our prior written consent. If You attempt to use Your SIM Card with any third party network or services, or in any way not expressly authorised by Us, this may result in Your service being permanently blocked. We accept no responsibility for Your service being blocked in this way.
- Once the SIM Card is delivered to You, any loss of or damage to the SIM Card is Your responsibility and, in the event of loss or damage, You will need to pay for a replacement SIM Card. A replacement fee will not be charged in the event that a SIM Card is faulty or defective and returned to Us within the applicable warranty period.
- You agree not to interfere with the SIM Card for any reason.
- You pre-pay for the Service by topping-up Your Account with Us. You do this by purchasing additional Cards or via electronic or self “TopUp” systems. Your pre-payments are not repayable by Us nor is interest payable on any credit You have with Us. Each time the Service is used by You (or by someone else using the Equipment), the Call Credits You have purchased are reduced in accordance with the usage charges. You agree that Our records determine how much Your account is topped-up and the rate of use of the Service.
- In the event that usage charges or Service Fees are not applied in real time and We subsequently become aware of such use of the Service We shall subtract the usage charges from Your Account at such later time.
- You agree to pay Our rental charges if You rent Equipment from Us.
- You agree to pay Our reactivation charge, as set out in Our current Tariff Sheet, if You reactivate the Service in accordance with Clause 6.3 above.
- If We provide You a pre-paid Service, We may terminate the Service without prior notice if the Account does not show a chargeable transaction beyond the end of the grace period prescribed for the credit activated on the Account.
- Where the Service is suspended or disconnected We are not obliged to refund any additional pre-paid Call Credits held on Your Account.
- The Mobile Data roaming service is available to all customers who subscribe to the Mobile Data roaming service.
- We will provide You with the Mobile Data roaming service in keeping with Our standard published rates for the service, subject to the terms and conditions set out herein.
- To be eligible to subscribe to one of the Mobile Data roaming service plans (the “Plan”), You must have a data capable handset. You agree to subscribe to the Plan for the minimum term prescribed for.
- You acknowledge, understand and agree to all of the following rules and limitations regarding the Mobile Data roaming service: Roaming rates will differ depending on what territory You are roaming in and the roaming carrier network selected, Mobile Data roaming bundles are not available on all carrier networks; and overage charges are payable per MB for every 1kbps of data You use beyond Your Plan limit. You agree to pay for any excess data usage beyond that included in the Mobile Data roaming service plan You have selected. You agree that We will monitor the volume of Your data usage and will apply such charges as are applicable outside of the selected Mobile Data roaming service plan, for any excess in usage. You are solely responsible for ensuring that You have manually selected the correct carrier network as prescribed by the relevant Mobile Data roaming bundle(s). If You do not make the proper selection and Your device automatically switches to another network, You agree to pay all applicable charges as applied by Us. If We determine, in Our sole discretion, that Your bill is too high then We can suspend Your Service until payment is made.
- You agree to pay a Change Administration Fee, as set out for the Service, during any current term, should You (1) terminate Your Mobile Data roaming service plan, or (2) re-apply for the Mobile Data roaming service plan having earlier terminated it or switched price plans. This fee does not apply on first-time initial signup.
- You are responsible for all calls and mobile data activity from Your mobile device, whether You or someone else initiated that call or activity.
- You are responsible for any and all charges incurred as a result of any applications on Your mobile device accessing a mobile data network, whether You knowingly initiated the application or the application accessed the network without Your knowledge.
- You must comply with the terms of the Acceptable Use Policy (as amended from time to time) which is posted on Our website at www.discoverflow.com, which is incorporated herein by reference and by which You agree to be bound.