My Mobile WiFi Ltd’s Terms and Conditions
By purchasing or ordering the Goods and/or Services and/or Installation Services, you agree to be bound by the terms and Conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website at www.mymobilewifi.co.uk or by calling us on 02382250125.
Definitions used herein
"Conditions" means these terms and conditions;
"Goods" means any goods you purchase under these Conditions;
"Installation Services" means work we undertake to install Goods at your Location.
"Location" means any premises, boat, vehicle or other place or thing where you instruct us to install Goods or perform a service in respect of the Goods.
"My Mobile Wifi Ltd” means that company together with any subsidiary or holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time;
"Non-subscription Services" mean any Services other than Subscription Services;
"Personal Information" means the details provided by you to us;
"Services" means any services you order or otherwise purchase under these Conditions, including Installation Services;
"Service Provider" means the provider or operator of a mobile telephone and/or data network for use with the Goods, including, but not limited to the following brands: Vodafone; THREE; O2; EE, Plusnet and BT.
"Subscription Services" means Services we provide which you subscribe to on an ongoing basis, for example technical support or maintenance Services;
"Us/our/we" means My Mobile Wifi Ltd, a company registered in England and Wales under the number 233058334 with its registered office at Deacons Boat Yard, Bursledon Bridge, Bridge Road, Southampton, SO3 8AZ.
"Website" means either the website at www.mymobilewifi.co.uk or any other URL which may replace it; and
"You/your" means the person or corporation ordering or otherwise purchasing the Goods or Services or Installation Services.
1. Rights and Obligations
1.1. You undertake:
1.1.1. to pay any amounts due to us with 7 days of receiving an invoice from us for Goods, Services or Installation Services;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Goods or Service:
1.4.1. to make these conform with any applicable safety or other statutory requirements; or
1.4.2. to make these reflect changes in a manufacturer's specification, but we will endeavor to ensure that such changes do not reduce the quality or performance of such Goods and/or Service. Where you have placed an order for the affected Goods and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Non-subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
1.5.3. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
1.5.4. We are under a legal duty to supply Goods that are in conformity with these Conditions.
1.6. Subscription Services only:
1.6.1. If you subscribe to Subscription Services, we will give you prior notice of any withdrawal of or changes to the Subscription Services or these Condition: (i) where these changes are to your substantial detriment (which shall include but not be limited to an increase in the price of your Subscription Services of more than 10%), you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change. (ii)Your right to cancel under Clause 1.6.1 (i) above does not apply where: (a) any price increase in relation to the Subscription Services does not exceed the Retail Price Index figure, the Consumer Price Index figure or similar in any twelve months’ period; or (b) the increase is as a result of any increase in VAT or other taxes or the introduction of a similar or new tax on the Subscription Service.
1.7. Estimated time frames for delivery of Goods or completion of Services or Installation Services are estimates only and delays may arise due to matters outside of our reasonable control for which we shall not be liable.
1.8. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-uses (including uses related to the development, production, use, or maintenance of "Weapons of Mass Destruction", including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
2. Orders and Installation
2.1. Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the UK. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as confirmation that you intend to purchase from us the Goods and/or Services and/or Installation Services to which your order relates.
2.4. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
2.5. You warrant that any Location where you ask us to install Goods is safe for our personnel to enter, remain, work and leave and is generally suitable for the installation of the Goods and that Installation there of the Goods is permitted.
2.6. We guarantee the successful operation and use of Goods we install only at a Location which we pre-approve as being within a known applicable mobile communication service area with coverage which is adequate and reliable for the operation and use of the Goods. If coverage in that area is subsequently reduced or adversely affected by factors unknown at the time of installation, we do not continue to guarantee the operation and use of the Goods at that Location.
3. Price and Payment
3.1. The price of the Goods or Services or Installation Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
3.2. In our discretion we may require you to pay us a non-refundable deposit, or stage payments, as part payment(s) towards the costs of the Goods, Services or Installation Services, in which case, we shall not be obliged to provide such Good or Services, or undertake the Installation Services until such deposit or stage payment has been paid to us in full.
3.3. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we may:
3.3.1. where you subscribe to Subscription Services, suspend the Services until payment is received and, if you continue to fail to make payment, cancel this agreement; and/or
3.3.2. where you have ordered Goods or Non-subscription Services, cancel this agreement; and/or
3.3.3. in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 5% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.4. You confirm that any payment method you use is yours.
3.5. Payment methods might be subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.6. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.7. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these Conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.8. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us on demand.
4. Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days' written notice.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind, in our absolute discretion.
4.3. Subscription Services only:
4.3.1. Subject to Clauses 4.3.2 and 4.3.3 and without prejudice to Clause 4.1 above or to any other rights we have under the terms of these Conditions, either party can terminate this agreement at any time by giving the other party no less than 30 days’ written notice.
4.3.2. If Subscription Services come with a minimum term contract, without prejudice to our rights in Clauses 1 and 4.1 above, we will not terminate the Subscription Services during such a minimum term.
4.3.3. You can terminate the Subscription Services within such a minimum term but if you do so other than in exercising your rights under Clauses 1.6.1 and 4.1, we may charge you a cancellation fee for the unexpired minimum term.
4.4. Goods and/or Services ordered online or over the phone only
4.4.1. Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
4.4.2. You may cancel any order for Services any time within 14 calendar days from the commencement of the contract for such Services. However, you may not cancel once we have started providing any part of such Services to you with your agreement.
4.4.3. You may cancel any order for Goods software at any time within 14 calendar days from the day after receiving such Goods, without liability to us.
4.4.5. You may cancel your order by calling us on 02382250125. Any cancellation notice must be given before the end of the 14 calendar days’ period referred to above.
4.4.7. If you cancel an order for Goods, they must be returned to us within 14 days of you informing us of your wish to cancel, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
4.4.8. Unless collection of the Goods has been arranged, you must return the Goods by sending them to: My Mobile Wifi Ltd, Deacons Boat Yard, Bursledon Bridge, Bridge Road, Southampton, SO3 8AZ.
It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery where appropriate.
4.4.9. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
4.4.10. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.4.11. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. Use would include, but not be limited to using the Goods to make or receive a call, sending or receiving SMS/MMS, connecting to and/or accessing the internet, downloading, or using any functions of the Goods for example amending settings, saving data, adding a contact or appointment, taking a photograph or using an application. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
4.4.12. If you cancel your order in accordance with the provisions of this Clause 4.4, subject to the provisions of Clauses 4.4.7 and 4.4.11 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 4.4.7) within 14 days of such cancellation, only where the Goods have been returned or evidence of the Goods being returned (in accordance with Clause 4.4.7) is provided to us.
5. Your Personal Information
5.1. We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.2. You agree that we may use, update, share and process your Personal Information in accordance with our privacy policy. Our privacy policy is available upon request by calling us on: 02382250125 or online at: www.mymobilewifi.co.uk.
5.3. If you would like us to tell you what information we hold about you please write to us at: My Mobile Wifi Ltd, Deacons Boat Yard, Bursledon Bridge, Bridge Road, Southampton, SO3 8AZ.
We may charge a £10.00 administration fee - Please include your full name, address and a copy ID with each request.
6. Limitation of Liability
6.1. We will not be liable for any direct or indirect loss or damage caused by us in circumstances where:
6.1.1. there is no breach of a legal duty of care owed to you by us; and/or
6.1.2. such loss or damage is not reasonably foreseeable.
6.2. We shall not be liable for any loss or damage caused wholly or mainly by your breach of these Conditions or materially contributed to by you.
6.3 We shall not be liable whatsoever for any temporary or permanent failure, reduction, withdrawal or interruption of or with, or changes to, the mobile communication, data or internet service provided by your Service Provider in any circumstances whatsoever, whether such provider is or is not recommended by ourselves.
6.4. We shall not be liable for any Installation Services we undertake which are subsequently interfered with or modified or repaired in any way other than by ourselves, or which are adversely affected by third party equipment or machinery.
6.5. Our liability shall not in any event include direct or indirect losses related to any business of a customer including but not limited to lost data, lost profits, lost opportunity or business interruption.
6.6. Nothing in these Conditions shall:
6.6.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
6.6.2. Limit your rights as a consumer under applicable UK law.
6.7. All Goods, Services and Installation Services are provided on a commercially reasonable basis. Although we will provide the Goods, Services and Installation Services with reasonable skill and care, we make no guarantee or warranty that the Goods, Services or Installation Services will meet your exact requirements or that they will always be available, unless we expressly agree that with you beforehand.
6.8. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
6.9. Each provision of this Clause 6 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
7. General
7.1. Events Beyond the Parties' reasonable control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
7.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
7.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
7.4. Governing Law: These Conditions are subject to English Law and if you are not happy with how we deal with any disagreement and want to bring court proceedings, you must do so in England.
7.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.