TERMS OF SERVICE
1. About your Agreement
1.1 Your agreement with us for the supply of Ctrl Mobile Services comprises these Terms, your Service Plan and the documents referred to in these Terms ("Agreement").
1.2 If you Connect to and use the Ctrl Mobile Services you do so on the understanding that this Agreement governs the relationship between you and us.
1.3 Ctrl Mobile Services are provided by Ctrl Mobile Ltd. (Company Number 10716630) whose registered office is at Ctrl Mobile, Top Floor, 42a Cardiff Road, Caerphilly, CF83 1JQ.
1.4 It is your responsibility to make sure any SIM is only used to access the Ctrl Mobile Services as permitted in this Agreement.
1.5 This Agreement only covers the terms on which you may use the Ctrl Mobile Services. This Agreement does not cover the purchase or supply of your Handset. The manufacturers of Handsets are not related to us. Any terms relating to Handsets will be given to you separately.
1.6 The Charges for the Ctrl Mobile Services are set out on the Website. We may increase the Charges from time to time in accordance with Section 2.1(a)(iii) below.
2. Variations to your Agreement or Charges
2.1 We may vary any of the terms of your Agreement on the following basis:
(a) we will let you know at least one month in advance by email to the last known electronic address we have for you as shown on our records, text message to your phone number or by posting the Agreement as varied on the Website if we decide to:
(i) discontinue the Ctrl Mobile Services; or
(ii) make any variations to your Agreement which are likely to be of detriment to you; or
(iii) increase the Charges for the Ctrl Mobile Services.
(b) subject to 2.1(a) we may vary any of the terms of your Agreement at any time by email to the last known electronic address we have for you as shown on our records, text message to your phone number or by posting the Agreement as varied on the Website.
You can end the Agreement for such variations as explained in Section 10. Subject to the above, you will not be able to end the Agreement if such variation:
(i) is due to changes to the law, government regulation or licence which affect us; or
(ii) relates solely to Additional Services;
(c) if you carry on using the Ctrl Mobile Services after the variation commences, you will be deemed to have accepted the variation.
3. What we will provide for you
A phone number and SIM
3.1 If you successfully register for the Ctrl Mobile Services and are accepted by us we will open an account for you and provide you with a SIM and a phone number (and we may agree to provide you with additional SIMs and phone numbers on your request).
3.2 We own each SIM and each SIM remains our property at all times. You are being allowed to use the SIM by us on a limited licence to enable you to access the Ctrl Mobile Services, in accordance with the terms of this Agreement. We may recall the SIM(s) at any time for upgrades, modifications, if it is misused or when your Agreement ends. You can only use our SIM to obtain the Ctrl Mobile Services from us.
3.3 Each SIM may only be used in Handsets which are enabled for Ctrl Mobile Services and are authorised by us for Connection to our network. Any attempt to use the SIM in other Handsets may result in serious damage to the Handset and may prevent you from being able to use it, including the making of emergency calls. In these instances, we and our network provider are not responsible for any such damage or usage problems.
4. Ctrl Mobile Services
4.1 Once you are Connected, we will provide you with access to the Ctrl Mobile Services. The Ctrl Mobile Services may include Age Restricted Services, provided you are 18 or over and you do not show or send any content from the Age Restricted Services to anyone under 18.
4.2 You will also be able to upload and send your own content using the Ctrl Mobile Services. You grant us and our network provider a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on the Ctrl Mobile Services.
4.3 We may:
(a) change or withdraw some, or part, of the Ctrl Mobile Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content. Subject to Section 4.1, you can end the Agreement if this variation is likely to be of detriment to you as explained in Section 10; and (b) also determine how the Ctrl Mobile Services are presented and delivered to the Handset or are otherwise made available to you. We can change the way they are presented, delivered or otherwise made available to you at any time.
5. Limitation of Ctrl Mobile Services
We will always try to make the Ctrl Mobile Services available to you. However, the Ctrl Mobile Services are only available within our coverage area (which comprises a video service area and a voice & picture area within the UK). Within this, there may be areas where you do not have access to all the Ctrl Mobile Services or where coverage is otherwise limited or unavailable. For more information about coverage, visit our Website. You should never rely solely on your Handset for emergency calls, including to 999.
We shall have the right to deny access to the Ctrl Mobile Services:
If in our or our network provider's reasonable opinion, access will or may adversely affect the operation of the network or any Third Party Operator's network or provision of the Ctrl Mobile Services or provision of service to any other person; or if we or our network provider suspect fraudulent, criminal or illegal activities are being carried out, or are likely to be carried out, by you or via your Handset.
6. Disruption to Ctrl Mobile Services
There may be situations when the Ctrl Mobile Services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service.
(a) when we or our network provider need to perform upgrading, maintenance or other work on the network or the Ctrl Mobile Services;
(b) when you move outside our video service area whilst you are on a call (in this case calls may not be maintained);
(c) when you are in areas not covered by our network. In these cases the Ctrl Mobile Services rely on other operators' networks where we have no control; and
(d) because of other factors outside our control, such as the features or functionality of your Handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.
7. What you will do in return;
Secure your PIN, Passwords and SIM
7.1 As we or our network provider own the SIM and it remains our or their property at all times, you must ensure that you keep the SIM safe and secure whilst it is in your possession and you must ensure that you are able to return it to us, if required to do so by us at any time, as set out in these Terms. There may be a charge for any replacement SIM, unless, it is defective through faulty design or workmanship. If your SIM is lost or stolen, you are responsible for charges incurred until you notify us of the loss or theft. Upon receiving notice that your SIM is lost or stolen, we will suspend that SIM.
7.2 You must keep all PINs and passwords secure and confidential. You are also responsible for the security of your Handset and must ensure that you keep it secure (refer to the Handset manufacturer's user guide for details of how to keep your Handset secure).
7.3 You should immediately change your PIN or password if you become aware that someone is accessing the Ctrl Mobile Services on your account without your permission.
Responsible use of the Ctrl Mobile Services
7.4 You may only use the Ctrl Mobile Services:
(a) as laid out in this Agreement; and
(b) for your own personal use. This means you must not resell or commercially exploit any of the Ctrl Mobile Services or content.
7.5 You must not use the Ctrl Mobile Services, the SIM or phone number or allow anyone else to use the Ctrl Mobile Services, the SIM or phone number for illegal or improper uses. For example:
(a) for fraudulent, criminal or other illegal activity;
(b) in any way which breaches another person's rights, including copyright or other intellectual property rights;
(c) to copy, store, modify, publish or distribute the Ctrl Mobile Services or content (including ringtones), except where we give you permission;
(d) to download, send or upload content of an excessive size, quantity or frequency. We will contact you if your use is excessive;
(e) in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or the Ctrl Mobile Services;
(f) to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; and
(g) to use or provide to others any directory or details about customers.
7.6 You agree to:
(a) comply with all Regulatory Requirements and applicable laws (including the Data Protection Legislation) in relation to the use of the Ctrl Mobile Services;
(b) not use the Ctrl Mobile Services or allow any third party to use the Ctrl Mobile Services for any immoral, obscene, defamatory, harmful, offensive, SMS spamming or unlawful purpose;
(c) not make any disparaging remarks about us, the Ctrl Mobile Services, our network provider's network, our network provider or any of its Affiliates.
7.7 You will fully indemnify and hold harmless Ctrl Mobile and its directors, officers, employees and agents ("Indemnified Parties") from and against any liabilities, losses, damages, costs (including reasonable legal fees) and expenses suffered or incurred by the Indemnified Parties or awarded by a court of competent jurisdiction against the Indemnified Parties as a result of or in connection with any claim or action arising out of or in connection with:
(a) any claim that voice, text, data, video, music, audio/video, games, television programmes or any other data, content or information disseminated through our network by you infringes the intellectual property rights of a third party or any laws; or
(b) any fraud by you.
7.8 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Ctrl Mobile Services and your account. You must only use Handsets authorised by us for Connection to our network provider's network as set out on our Website and which comply with all relevant legislation relating to their use.
7.9 You must not use Ctrl Mobile products in excess as this may affect the operation of our network. We are obliged to investigate your account if we suspect fraudulent, criminal or illegal activity is being carried. We have the right to suspend your service whilst we investigation suspected excess use, abuse, commercial use, fraud or any illegal activity.
Responsible use of Text Service and Data Service
7.10 While using the Text Service, you must not send or upload:
(a) anything that is copyright protected, unless you have permission;
(b) unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses; or
(c) anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.
7.11 We may put limits on the use of certain Ctrl Mobile Services, such as the Unlimited Text Service or the Data Service. For example, we may limit the size of messages or storage space. Text messages are limited to 160 characters per message. Premium text messages are not included under the Text Service.
7.12 While we have no obligation to monitor the Text Service or the Data Service, if you exceed our use limits set out on our Website, or we are made aware of any issues with your use of them, (for example, if we are made aware that you are using them in any of the ways prohibited in Section 7.10 above) we reserve the right to remove or refuse to send or store content on your behalf.
Responsible use of Age Restricted Services
7.13 If you are under 18, you are not permitted to access our Age Restricted Services (if any). If you are 18 or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Handset.
Responsible use of Ctrl Mobile Services outside the UK
7.14 If you use the Ctrl Mobile Services from a country outside the UK, your use of the Ctrl Mobile Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.
Acceptable use of Ctrl Mobile 'Unlimited' or 'All You Need' plans
7.15 Ctrl Mobile plans are provided for domestic purposes only and must not be used for any business or commercial purpose.
8. Our Rights - Intellectual Property
8.1 All rights, including copyright in the Website, the Ctrl Mobile Services and their content, belong to us, our network provider, or our licensed source, such as a content provider. We and they reserve all our and their rights. 8.2 The "Ctrl Mobile" trade mark and other related images, logos and names on the Website and the Ctrl Mobile Services are proprietary marks of Ctrl Mobile or its licensors. We and they reserve all our and their rights
8.3 You agree not to use, modify, obstruct or alter in any way any of our, or our licensors' Marks without our or our licensors' prior written consent, or act in any way or make any omission which would bring us or them or our or their business into disrepute in any manner or otherwise damage our brand or reputation or the brand or reputation of our licensors.
9. Suspension of Ctrl Mobile Services
9.1 We may Suspend any or all of the Ctrl Mobile Services you use without notice if:
(a) we reasonably believe you have provided us with false or misleading details about yourself as set out in Section 13;
(b) we advise you that your excessive use of the Ctrl Mobile Services (as may be defined in accordance with Section 7.9 and/or 7.15 above) is causing problems for other users, and you are continuing to use the Ctrl Mobile Services excessively;
(c) we believe your Handset or SIM has been lost or stolen;
(d) we reasonably believe that you have used the Ctrl Mobile Services, the SIM(s) or a phone number for illegal or improper purposes in contravention of our responsible use requirements in Section 7 above;
(e) we receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you are using the Ctrl Mobile Services in any of the ways prohibited in Sections 7.5, 7.10, and 7.13). If this happens, we will deal with the complaint in the manner set out in Section 7;
(f) we are required to suspend your Ctrl Mobile Services by the emergency services or other government authorities or by our network provider; or
(g) we reasonably believe you have permitted your Handset to be unlocked via any unauthorised manner and/or have not paid any relevant Charges due.
9.2 We may turn off your Text Service if it is inactive for an extended period of time - we will let you know before this happens. If we do turn off your Text Service we will have no obligation to maintain any of the content in your Text Service, or to forward any unopened or unsent messages to you, or anyone else.
9.3 If we Suspend any or all of your Ctrl Mobile Services, you will still be able to make emergency calls (unless they have been Suspended at the request of the emergency services and subject to sufficient coverage).
9.4 If your Ctrl Mobile Services are Suspended, we may agree to re-Connect you if you ask us to do so and there may be a re-Connection Charge for this.
10. Ending this Agreement and Disconnection of Ctrl Mobile Services
10.1 You may end this Agreement in the following ways:
(a) You can end the Agreement during your Minimum Term (if you have one) by giving notice at least 30 days before the date you want to end the Agreement. However, you must pay us all the Charges you owe, plus any Cancellation Fee.
(b) On 30 days' notice, outside the Minimum Term. You can end the Agreement if your Agreement does not contain a Minimum Term, or if you want to end the Agreement at the end of your Minimum Term or any time after your Minimum Term has expired, provided you give notice to Customer Services at least 30 days before the date you want to end the Agreement.
(c) Within one month of a detrimental variation to your Agreement. You can end the Agreement within one month of us notifying you about a variation to your Agreement which is likely to be of detriment to you. You must give written notice within that month and your Agreement will finish at the end of that month once we receive your notice.
We may end this Agreement in the following ways:
(a) On 30 days' notice, outside the Minimum Term.
If your Agreement does not have a Minimum Term, or the Minimum Term has expired, we can end this Agreement by giving at least 30 days' notice of ending the Agreement.
(b) Because of your conduct. In the following cases, we may end your Agreement immediately and you have to pay all the Charges you owe up until we Disconnect you:
(i) if we have the right to Suspend your Ctrl Mobile Services on any of the grounds in Section 9 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;
(ii) if we believe that your use of the Ctrl Mobile Services, is jeopardising the operation of our or our network provider's network, or are of an unacceptable nature; or
(iii) in the event of your bankruptcy, insolvency or death.
(c) No network access or Services. We may end your Agreement if we no longer have access to our network provider's network or Third Party Operators' networks which we need to provide the Ctrl Mobile Services, or if we are no longer able to provide the Ctrl Mobile Services due to factors beyond our control or because we cease business.
10.2 Once you are Connected, you can only end this Agreement in the ways set out in this Section 10. However, if you are a consumer, any statutory rights which you may have, which cannot be excluded or limited, will not be affected by this section. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
11. Effect of this Agreement ending
11.1 If this Agreement ends, we will close your account and Disconnect you and you will not be able to use the Ctrl Mobile Services or make emergency calls.
11.2 You must immediately pay all Charges you owe up to the date the Agreement ends. If we end the Agreement due to your conduct or if you end your Agreement within the Minimum Term, the Charges will include a Cancellation Fee.
Limits on our liability
12.1 All of our obligations to you relating to the Ctrl Mobile Services are set out in your Agreement. If you wish to make any variations to this Agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.
12.2 Except as set out in 12.3:
(a) all other terms, conditions and warranties relating to the Ctrl Mobile Services are excluded;
(b) our and our network provider's entire liability to you for something we do or don't do will be limited to £3,000 for one claim or a series of related claims; and
(c) we and our network provider are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of the Ctrl Mobile Services. We and our network provider are not liable for any loss or damage that was not reasonably foreseeable when you entered into the Agreement.
12.3 Nothing in this Agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can't be limited or excluded by applicable law. If you are a consumer, the terms of this Agreement will not affect any of your statutory rights which you have, which cannot be excluded by this Agreement. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
Ctrl Mobile Services Area where we have no responsibility
12.4 We will try to ensure the accuracy, quality and timely delivery of the Ctrl Mobile Services. However:
(a) we and our network provider accept no responsibility for any use of, or reliance on, the Ctrl Mobile Services or their content, or for any disruptions to, or any failures or delays in, the Ctrl Mobile Services. This includes, without limitation, any alert Services or virus detection Services; and
(b) subject to Section 12.3 we and our network provider do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Ctrl Mobile Services or their content. They are provided to you on an "as is" basis; and
(c) we and our network provider are not providing you with advice of any kind (including without limitation investment or medical advice). Where the Ctrl Mobile Services contain investment information, we do not make invitations or offer inducements to enter into any investment agreements.
12.5 We and our network provider will not be liable:
(a) for any loss you may incur as a result of someone using your PINs or passwords, with, or without, your knowledge; or
(b) if we or they cannot carry out our duties, or provide the Ctrl Mobile Services, because of something beyond our control.
Others' content and services - Areas where we have no responsibility.
12.6 You may be able to use the Ctrl Mobile Services:
(a) to upload, email or transmit content using the Ctrl Mobile Services; and
(b) to access content which is branded or provided by others and to acquire goods and services from others. Where we provide you with such access, all we do is transmit the content to you and we do not prepare or exercise control over the content, goods or services. We and our network provider are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.
12.7 We are not liable for any charges for products or services provided by third parties through and for use on Handsets and the network, including for certain applications ("Apps") and services provided by Apps you download to your Handsets. You must contact the third party directly for any unauthorized or disputed charges. Not all Apps will work on all Handsets, and some Apps may not be available in all areas. Use of certain Apps may require the disclosure of personal information subject to the policies of the companies that offer such Apps.
12.8 Some content you attempt to access on your Handset may not be stored or processed because of memory limitations. You agree that we are not liable for the deletion of or failure to store content and that you should store photographs and other information permanently by using other means. Downloaded or created content on your Handset may expire or be deleted unless you otherwise arrange for its retention and/or preservation. You are responsible for the content you access on your Handset. Some content available on the Internet may be unsuitable for minors, and you should take care when sharing your Handset with minors.
12.9 This Section 12 will apply even after this Agreement has ended.
13. Privacy Notice and Your Information
13.1 We may pass and share your personal information to our network provider, other communications service providers and network operators for the detection and prevention of theft and fraud, and to carry out any activities or disclosures to comply with any regulatory, government or legal requirement. We do not store credit card details nor do we share customer details with any other 3rd parties.
13.3 If you use the Ctrl Mobile Services from a country outside the UK it may be necessary to transfer your information to that country. If that country is outside of the EEA, the treatment of your personal information may be subject to laws and regulations applying in that country and which may not protect your information to the same standards applying in the UK and the EEA.
13.4 You must keep any passwords and PIN numbers relating to your account and the Ctrl Mobile Services safe and secure. You must not share them with anyone else. If you find or suspect that anyone else knows your passwords or PIN numbers, or can guess them, you must contact us immediately and ask us to change them. This is your responsibility.
14. Other terms
14.1 This Agreement is governed by English law unless you live in Scotland in which case, it will be governed by Scots Law. Each of us agrees to only bring legal actions about this Agreement in a UK court.
14.2 If you, or we or our network provider, delay, or do not take action to enforce our respective rights under this Agreement, this does not stop you, or us or them, from taking action later.
14.3 If any of the terms in this Agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any item that is not legally effective with a similar term that is.
14.4 We may assign or transfer our rights and obligations under your Agreement to a party who agrees to continue complying with our obligations under this Agreement, provided that your rights under the Agreement or any guarantees given by us to you are not affected. No other person (other than our assignee, if any) may benefit from this Agreement.
14.5 In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your phone number for the Ctrl Mobile Services.
14.6 You confirm that you have full contractual capacity to agree to the Agreement.
14.7 You may use our Website to manage your account, make payments, view our content and learn more about our services. Use of our Website is subject to this Agreement.
14.8 If you have any questions about these Terms contact us at firstname.lastname@example.org.
14.9 You may notify us by electronic means via the Website. Notices will be considered effective after we receive them.
14.10 Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via text message to your number.
15. Third Party Rights
15.1 This Agreement is entered into by us for the benefit of us and our network provider.
15.2 For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that our network provider will have the right to enforce any rights conferred on it under this Agreement and to that extent our network provider will have the same rights against you as would be available if they were a party to this Agreement.
Glossary for Terms of Services
Additional Services: additional or supplemental services for which a charge is made in addition to the fixed periodic charges for the Ctrl Mobile Services (if applicable).
Affiliate: in relation to us or our network provider (i) any person which is Controlled directly or indirectly by us or our network provider (as applicable); (ii) any company in which we or our network provider (as applicable) holds directly or indirectly 25% or more of the shares or voting power; or (iii) our network provider.
Age Restricted Services: any Services for use only by customers 18 or over.
Agreement: the agreement between you and Ctrl Mobile for the provision of the Ctrl Mobile Services comprising these Terms and the documents referred to in these Terms and the Service Plan;
Cancellation Fee: means, a fee charged if we end the Agreement due to your conduct or if you end your Agreement within the Minimum Term. This fee may cover (without limitation) your fixed periodic Charges for the Minimum Term, our administrative costs, costs incurred by us in Connecting and Disconnecting the Ctrl Mobile Services and our payments to operators, network providers, stores or agents.
Charges: charges for access to, and use of, the Ctrl Mobile Services. These charges may cover (without limitation) fixed periodic charges, usage charges, account administration fees, fees for Connection and re-Connection, a Cancellation Fee (where applicable) and any costs incurred in collecting outstanding payments from you.
Connection: the procedure by which we give you access to the Ctrl Mobile Services. "Connected", "Connecting", and "re-Connection" have corresponding meanings.
Control or Controlled: in relation to a company, that a company shall be treated as "controlled" by another if that other company (whether directly or indirectly and whether by ownership of share capital, possession of voting power, contract or otherwise) appoints (or is able to appoint) and/or removes (or is able to remove) the majority of the members of the governing body of that company or otherwise controls or has the power to control the affairs and policies of that company;
Damage: any accidental, sudden and unforeseen damage to the Handset caused by external means which affects the operational functioning of the Handset.
Disconnection: the procedure by which we stop your access to the Ctrl Mobile Services. "Disconnected" and "Disconnecting" have corresponding meanings.
Handset: the device or mobile handset that is authorised by us for Connection to the network as set out on our Website which is used to access the Ctrl Mobile Services.
Marks: the trade marks, service marks, logos and trading names used by us from time to time.
Minimum Term: the minimum fixed term for the supply of the Ctrl Mobile Services.
Premium Services: any Services which are charged at premium rates. You can only access these Services - such as international calling and international roaming - with our approval.
Regulatory Requirement: any regulation, law, decree, action, direction, code of practice, condition or order of a competent regulatory authority including, without limitation, Ofcom.
Ctrl Mobile, we, us and our: Ctrl Mobile Ltd. (Company Number 10716630) whose registered office is at Ctrl Mobile Limited, Top Floor, 42A Cardiff Road, Caerphilly, CF83 1JQ.
Ctrl Mobile Services: the services offered by us, including Voice Service, Text Service, Data Service, Age Restricted Services and Premium Services, which we agree to provide for you.
Service Plan: your service plan for the Ctrl Mobile Services as set out on the Website and chosen by you. This is sometimes referred to as ‘PowerPack’
SIM: a card which contains your phone number and enables you to access the Ctrl Mobile Services.
SIM Only Basis: applies to you if you have only purchased a SIM from us, for use in any Handset.
Data Service: any of the Ctrl Mobile Services which offer you storage capacity on the network for storage of content which you access from us.
Suspension: the procedure by which we temporarily Disconnect your access to the Ctrl Mobile Services. "Suspend" has a corresponding meaning.
Text Service: Ctrl Mobile's short messaging service which lets you communicate with others.
Third Party Operator: means the operator of a mobile telecommunications network other than our network provider.
Website: means our website at ctrlmobile.co.uk
You, your: means an individual who uses the Ctrl Mobile Services or our Website.