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General Terms & Conditions for Customers

valid until 20 August 2018

1. OUR AGREEMENT

  1. 1.1 When our Agreement starts
  2. Our Agreement starts on the date we accept your request to use Tesco Mobile, which is the earlier of
    1. 1.1.1 when you place Credit on your Account or
    2. 1.1.2 when you first use your Mobile Phone or SIM Card on the Network.
  3. 1.2 Changes to our Agreement
    1. We can change our Agreement by placing amended versions of the documents which make up our agreement on the Website and giving you 30 days notice at a minimum of this. If you do not agree to the changes, you should stop using Tesco Mobile. If you continue to use Tesco Mobile after the date on which the changes come into effect, you will be taken to agree to them.
  4. 1.3 Ending our Agreement
    1. 1.3.1 During the Cooling-Off Period
      • 1.3.1.1 You may return and get a full refund (less the costs of return for online or phone sales) on your Mobile Phone within 14 days of buying it (“the Cooling-Off Period”) if:
      • 1.3.1.2 the Mobile Phone is undamaged and the original packaging and contents are intact; and
      • 1.3.1.3 you return or reimburse us for any free or discounted products, services, vouchers or coupons you received as the result of the purchase.
      • 1.3.1.4 If you have bought a Mobile Phone from us in a telecoms store, you can return it to that store within 14 days. If you have bought a Mobile Phone from us through our Website or over the phone, you can arrange to return it by calling Customer Care. You will be liable for the costs of return for online or phone sales.
      • 1.3.1.5 If you return your Mobile Phone within the Cooling-Off Period any Clubcard Points you received will be removed from your Clubcard account.
    1. 1.3.2 After the Cooling-Off Period
      • 1.3.2.1 If you have committed to remaining a customer of Tesco Mobile for a minimum period, and you cancel after the Cooling-Off Period but before the end of that minimum period, you will incur a cancellation charge. We will tell you what the cancellation charge will be when you contact us to cancel.
      • 1.3.2.2 Outside any minimum term you can end our Agreement by giving 30 days written or phone notice and no cancellation fees will apply.
    1. 1.3.2 How we can end our Agreement
      • 1.3.2.1 We may end our Agreement at any time by emailing you and giving you 30 days’ notice in writing.
      • 1.3.2.2 We may also end our Agreement immediately if:
      • 1.3.2.3 You breach an important term of our Agreement;
      • 1.3.2.4 You breach any other term of our Agreement and do not put it right within 7 days of our asking you to;
      • 1.3.2.5 You fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your Account;
      • 1.3.2.6 You give us information about yourself which we reasonably believe to be false or misleading;
      • 1.3.2.7 You are the subject of bankruptcy or other insolvency proceedings, or you do not make a payment under a judgment of a Court or fine, or you make an arrangement with your creditors;
      • 1.3.2.8 We are no longer able to provide the Services to you despite making all reasonable efforts to do so.
    1. 1.3.3 Rights continue after our Agreement ends
      The ending of our Agreement shall not affect any rights of action or liabilities that may already have come into existence before it ends. In particular, you will be charged for all Charges incurred made prior to your termination.
    1. 1.3.4 How we can suspend or limit the Services
      We may suspend or restrict your use of the Services immediately if:
      • 1.3.4.1 You do any of the things listed above which would allow us to end our Agreement;
      • 1.3.4.2 You breach our Agreement (for example, you fail to pay us any Charges when due);
      • 1.3.4.3 You breach any legal requirements which may apply to your use of the Services;
      • 1.3.4.4 You tell us that your Mobile Phone or SIM Card has been lost or stolen;
      • 1.3.4.5 We need to carry out repairs, maintenance or improvements to the Services (and we will try to restore the Services as soon as we can);
      • 1.3.4.6 We are told to by the Government, the emergency services or any other competent or lawful authority;
      • 1.3.4.7 You are abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents; or
      • 1.3.4.8 You do anything or permit anyone else to do anything which we reasonably think adversely impacts Tesco Mobile; or
      • 1.3.4.9 It appears to us that there is an unusual use of the Tesco Mobile Service (for example, the volume or destination of calls increases significantly).
      • 1.3.4.10 Where more than one user is set up under an Account, we may suspend use by any or all of those users.

2. CHARGES

  1. 2.1 Charges
    • 2.1.1 You agree to pay the Charges shown on the Website for the Services. The Charges may be changed under Part A of these Terms and Conditions.
    • 2.1.2 Calls are charged at an initial connection charge or minimum charge for one minute, and then in one second increments, rounded up to the nearest second and then rounded up to the nearest cent.
    • 2.1.3 Each time you use your Mobile Phone and you incur Charges, the Credits associated with your Account will be reduced by the Charges incurred. It is up to you to decide how much Credit to load onto your Account. If your Account has no Credits you will still be able to receive incoming Calls, but you will not be able to make outgoing Calls or access any Content
    • 2.1.4 Charges will include VAT where applicable.
    • 2.1.5 All charges are rounded up to the nearest second, then up to the nearest cent.
    • 2.1.6 A text message is billed for every 160 characters used, when you go over 160 characters it is billed as another message. Texts exclude premium rate texts
    • 2.1.7 The automatic tariff on all Tesco Mobile Phones and SIMs is our Flat Rate 'Anyone Anytime' price plan.
      • 2.1.7.1 Anyone refers to calls (including calls to voicemails) made to any person on any Republic of Ireland network (mobile and landline and including Tesco Mobile) in the Republic of Ireland.
      • 2.1.7.2 Anytime means that the charge is the same regardless of the time of day, or day of week. The cost is the same for daytime, evening and weekends.
      • 2.1.7.3 Flat Rate means that the same price is charged all the time and is the same to everyone you call or text (as included in the price plan).
      • 2.1.7.4 The Anyone Anytime tariff excludes all other call charges including premium, lo-call, and other special numbers.
    • 2.1.8 If you order a Mobile Phone or Services from us through our Website, we will reserve funds from your account to ensure that payment can be successfully taken when we accept your order. This is known as a "shadow" and may show on your statement as if the funds have been debited because they are unavailable for you to use, but no funds have been withdrawn at this time. If your order is not accepted, this shadow may, depending on your bank, remain on your account for up to 12 working days, though the usual period is 5 working days. If you wish to request immediate removal of the shadow, you may contact us to obtain an authorisation code which you can then pass on to your bank.
    • 2.1.9 Tesco Mobile Ireland may need to take legal or other collection action against you for non-payment of Charges

3. SERVICES

  1. 3.1 Your use of Tesco Mobile
    1. 3.1.1 You must use the Services in accordance with the law, our Agreement and any other reasonable instructions we give you. In particular, you may not, nor may you allow anyone else to, use Tesco Mobile (whether to make a Call, send or receive a Message, upload or download Content, or whether connected to a computer)
      • 3.1.1.1 for any unlawful purpose;
      • 3.1.1.2 in any way which is, or is intended to be, malicious, fraudulent or a hoax (including to the emergency services);
      • 3.1.1.3 to breach our rights or the rights of any third party (for example, copyright);or
      • 3.1.1.4 in any way which may damage or affect the operation or quality of Tesco Mobile, the Internet or any other telecommunications system.
      • 3.1.1.5 If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, and damages, losses and costs (including legal costs) which we may suffer as a result.
      • 3.1.1.6 You must keep confidential all passwords you have nominated in connection with your Agreement. We cannot disclose information about your account to anyone until we are satisfied as to their identity, and they have correctly quoted any passwords to us.
    2. 3.1.2 You agree:
      • 3.1.2.1 to provide us with such information as we reasonably request in connection with this Service Agreement and that all factual information you provide to us is correct:
      • 3.1.2.2 You agree that you are procuring the SIM card, mobile handset and the Tesco Mobile Bill Pay Service solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card, mobile handset or the Tesco Mobile Bill Pay Service.
      • 3.1.2.3 You must use the Service in accordance with your Agreement and any other reasonable instructions we give you. Whilst we provide the Service to you, you authorise us to act on your behalf in all dealings with any provider (as applicable) with whom we consider it necessary or useful to deal with in connection with the Service.
      • 3.1.2.4 If the SIM card or your mobile handset is lost, stolen, damaged or destroyed you will be responsible for any charges incurred until you have informed us.
      • 3.1.2.5 If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we suffer as a result.
      • 3.1.2.6 You must tell us immediately if anyone makes or threatens to make any claim against you because of your use of Tesco Mobile.
      • 3.1.2.7 Tesco Mobile is a consumer service. If you use Tesco Mobile for business or commercial purposes you will indemnify us for all claims in respect of liabilities, damages, losses and costs (including legal costs) made by any other third party against us, arising from your use of Tesco Mobile for business or commercial purposes.
  2. 3.2 Our duty to you
    • 3.2.1 We will at all times use the reasonable skill and care of a competent service provider in providing the Services to you in accordance with and subject to our Agreement, but we shall not be responsible for any delay or failure to provide Tesco Mobile for reasons beyond our reasonable control.
    • 3.2.2 Services may not be available in certain areas of the Republic of Ireland due to Network availability.
    • 3.2.3 Some Services (e.g. media messaging) may only work with other compatible handsets and networks.
  3. 3.3 Clubcard Points
    • 3.3.1 Tesco Clubcard points may be awarded for the purchase of the Services subject to Clubcard’s terms and conditions that can be found at www.tesco.ie.
    • 3.3.2 To collect Clubcard points when you use your Mobile Phone, you need to: (a) have a Tesco Clubcard, and (b) register your Mobile Phone number to a Clubcard account. You can register more than one Mobile Phone against a Clubcard account, but both the Clubcard account holder and owner of the Mobile Phone number must have consented to the registration and collection of Clubcard points and live at the same address. If we are informed, or suspect, that registrations have taken place without consent or are being used fraudulently we may cancel the registration and applicable Clubcard Points. It may take up to three weeks after you have bought or loaded Credit for your Clubcard points to reach your Clubcard account. Note that Clubcard points can only be added once to an account.
  4. 3.4 If your Mobile Phone or SIM Card is misused or stolen
    • 3.4.1 Tesco Mobile will have no liability to you or any other person for the loss, theft, accidental damage or unauthorised use of your Mobile Phone or SIM Card.
    • 3.4.2 Every Tesco Mobile SIM Card remains our property. You must take adequate precautions to prevent damage to, unauthorised use or theft of your SIM Card.
    • 3.4.3 You must inform Customer Care immediately by telephone if your Mobile Phone is lost, stolen, damaged, destroyed or likely to be used in an unauthorised manner so that we can cancel your Mobile Phone or SIM Card and prevent further unauthorised use. We may charge you for a replacement SIM Card.
    • 3.4.4 If your Mobile Phone or SIM Card is stolen you will, until you notify us, be liable for any Credit on your Account that is used. If you have registered your credit card with your Account for text Top Up you will be liable for any Top Up purchases charged to your credit card when stolen.
  5. 3.5 Roaming Services
    • 3.5.1 Some Services may be available outside the Republic of Ireland only if we have a roaming agreement with the foreign network and these Services may be subject to different Chargesdependent on whether you are roaming within the EU or outside the EU). tescomobile.ie/roaming-and-international for a full list of where we have roaming agreements in place and the applicable pricing. Our roaming section on the website will have the most up to date information on roaming and see tescomobile.ie/eu-roaming-regulation specifically for information on roaming in the EU.
    • 3.5.2 Domestic charging will apply to EU roaming usage– referred to as Roam Like At Home (‘RLAH’) and it may be subject to a Fair Use Policy (‘FUP’) dependent on the Service / Plan chosen. Tesco Mobile reserves the right to request proof of residency in order to enable you to RLAH i.e. use your Plan / Service while roaming periodically in the EU. Proof of residency may be established through registration with the mytesco portal or Tesco Clubcard (if relying on Clubcard registration, please note the clubcard must have been active or by providing a valid document confirming your place of residence (see tescomobile.ie/eu-roaming for a complete list of acceptable proofs). Where one Clubcard has been used for more than one registration, both the Clubcard account holder and owner of the Mobile Phone number must have consented to the registration and live at the same address. If Tesco Mobile suspects that registrations are being used fraudulently, including enabling the abuse of RLAH Tesco Mobile reserves the right to request proof of address at any time and or remove the ability to RLAH.
    • 3.5.3 Fair Use Policy: the Data FUP allowance will be calculated in accordance with the Commission’s Implementing Regulation (EU) 2016/2286 . Once connected to the Tesco Mobile service you will receive a ‘Welcome’ message which will detail important information including providing you with a direct link to where comprehensive information is published on our website regarding roaming services. Also once you commence roaming in the EU, you will receive an alert message which will advise you of the applicable FUP. If roaming outisde of the EU, you will receive an alert to advise you of the applicable roaming rates. Tesco Mobile will monitor usage of the Plan while roaming in the EU and will alert customers when they are nearing the FUP. In line with domestic use and charging including charging intervals, standard out of bundle rates will apply to usage beyond the FUP – see the ‘Other Charges’ section on our website for all applicable rates. The Roaming Data cap of €61.50 including VAT outside of your monthly spend remains applicable to all roaming usage i.e. EU and non EU countries. See tescomobile.ie/roaming-and-international for further information on the Roaming Data cap.
    • 3.5.4 Tesco Mobile’s RLAH service is designed for casual and normal periodic roaming usage and as such, a Fair Usage Policy (‘FUP’) applies to prevent permanent roaming and or where the customer uses roaming for an excessive amount of days or usage. In order to prevent abusive or anomalous use of Voice and Text bundle allowances while roaming in the EU, Tesco Mobile may implement additional control measures in respect of same. The Plan cannot be used exclusively while roaming. If Tesco Mobile observes excessive roaming usage and presence each month and this usage prevails over a 4 month period (observed culmulatively), Tesco Mobile may contact you to request that you to alter your usage pattern. However, should you fail to alter your usage within the timeframe specified in the alert message, Tesco Mobile reserves the right to charge you for the excessive element of your usage at your Plan's standard out of bundle rate or to modify or suspend your use of the Plan or to withdraw your access to the service entirely in certain circumstances including but not limited to circumstances which amount to persistent abuse of the service. Tesco Mobile’s complaint handling process as detailed in section 3.18 shall be utilised for any complaints made regarding the application of the FUP. See tescomobile.ie/eu-roaming-regulation for further detailed information about Tesco Mobiles RLAH service and the FUP.
  6. 3.6 Directory Services
    • Upon request by you, we will include your name and Mobile Phone number in the National Directory Database. You may, when you request us to include your name and Mobile Phone number on the National Directory Database, also request that we indicate your preference on the National Directory Database to receive third party marketing calls on your Mobile Phone.
  7. 3.7 Calling Line Identification
    • The Network will display your Mobile Phone number on the receiving handset (calls, texts etc). If you wish to change this, refer to your Mobile Phone’s user guide.
  8. 3.8 Account Validity and Mobile Number Reclaim
    • 3.8.1 Your Tesco Mobile phone number and SIM Card is valid and will remain active for as long as you are using your Mobile Phone regularly.
    • 3.8.2 If you do not make a Credit Top Up to your Account, or use your SIM Card for 6 months, your Account and any outstanding Credit on your Account will be suspended. If this happens you may reactivate your Account by calling Customer Care. We will reactivate your Account, and any previously unused credit you had on your Account will be available to you again.
    • 3.8.3 After your Account has been suspended, you have a further 6 months during which you can have it reactivated by calling Customer Care. If you do not ask us to reactivate your Account we will assume that you no longer need it (as you will not have used it for 12 months) and it will be fully deactivated. This means your SIM Card will no longer work, you will lose any unused Credit you may have had, and your Mobile Phone number can be claimed back by Tesco Mobile and given to another customer.
  9. 3.9 Number Porting
    • We will transfer your existing number for you within 2 hours of starting the process, at a time to be agreed with you. To initiate a number transfer you will need to complete a Move My Number Customer Authorisation Form found on the Website.
  10. 3.10 Mobile Phone Locking
    • 3.10.1 Your Mobile Phone may be locked to the Tesco Mobile Network. You must not insert another operator’s SIM card into the mobile without an unlocking code (which is not your PIN code). We will on request provide an unlocking code after a qualifying period and/or for a fee. Failure to enter the correct unlocking code may result in your Mobile Phone becoming permanently blocked. We accept no responsibility for Mobile Phones blocked in this way. Contact customer care for further information on the qualifying period, applicable conditions and charges, or check our Website.
    • 3.10.2 This clause does not apply if you have purchased a SIM Card only and, at the time of purchase of the SIM Card, you are connected to a network other than the Tesco Mobile Network.
  11. 3.11 Delivery
    • 3.11.1 We will endeavour to deliver any products you order from the Website on the next working day within the island of Ireland (for orders placed by 1pm), where this is practical.
  12. 3.12 Mobile Phone Repairs
    • 3.12.1If your Mobile Phone develops a fault then you should contact the manufacturer in the first instance. The contact details for the manufacturer can be found on the Mobile Phone user guide or from Customer Care from any other phone.
  13. 3.13 Returns and Exchanges
    • 3.13.1 If your Mobile Phone becomes faulty within the first 14 days of purchase, then you are entitled to a fully boxed replacement phone, or a refund, as you prefer.
    • 3.13.2 If you bought your phone online, please call Customer Care.
    • 3.13.3 If you bought your phone in a Tesco store, then you should return it at the Customer Service Desk in store. Please have your receipt with you as proof of purchase and ensure that all elements of the phone are included with the packaging i.e. charger, SIM card, battery, Welcome Guide and phone handbook.
    • 3.13.4 You can contact FonFix which is a company based in Sandyford who offer a Mobile Phone repair service, please click on their website www.fonfix.ie to review the services they have to offer.
  14. 3.14 Internet Service
    • 3.14.1 Our Internet service enables you to access Content either by Downloading or by Streaming to a Mobile Phone, personal computer, personal digital assistant or other access device. This service is automatically available on all Tesco Mobile phones, unless you ask us to suspend it.
    • 3.14.2 Downloading is where a copy of the Content is installed onto your Mobile Phone for future use by you in accordance with the applicable terms and conditions.
    • 3.14.3 Streaming is a live feed of data from an external source to your Mobile Phone where no copy of the Content is installed onto your Mobile Phone (other than temporarily to display the Content).
    • 3.14.4 Where Content is delivered by way of downloading, you may save the Content on your Mobile Phone but (unless expressly permitted) you are not allowed to save the Content elsewhere; and each separate request by you to download that Content (i.e. each copy sent to you) will be charged separately.
    • 3.14.5 Where Content is delivered by way of streaming: you are not allowed to save the Content and each request for that Content (i.e. each viewing) will be separately charged.
    • 3.14.6 Prior to your requesting our Internet service, you should ensure that: (a) your Mobile Phone is compatible and appropriately enabled to receive the selected Content. (b) (Where the Content is to be downloaded) you have sufficient memory capacity available to receive and save the Content once Downloaded; (c) your Mobile Phone remains switched on and connected to the Network for the duration of the Download/Streaming.
    • 3.14.7 Access to secure financial transactions may be dependent on the make and model of your Mobile Phone and the third party supplier of Content.
  15. 3.15 Accessing Content
    • 3.15.1 You will comply with the terms and conditions and/or acceptable use policies of any third party Content providers.
    • 3.15.2 Your dealings with third parties using the Services unless explicitly stated by us, are solely between you and the person with whom you are dealing. We are not responsible for any losses or damages that may arise from any such dealings.
    • 3.15.3 We do not accept responsibility for third party websites nor are we liable for their Content. You are responsible for all information that you upload, email or otherwise transmit via your Mobile Phone and/or the Internet.
    • 3.15.4 Content may be protected by copyright, trade mark registration or other intellectual property rights, so you are prohibited from editing or modifying Content, copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it, without the consent of the owner of such copyright, trade mark or other intellectual property rights.
  16. 3.16 Malicious Calls
    • If you receive malicious or nuisance calls, please call Customer Care.
  17. 3.17 Adult Content and Premium Rate Services
    • 3.17.1 Adult Content and premium rate Services are not automatically blocked on our Network. Access to the mobile internet service can be disabled by calling Customer Care; the mobile internet service cannot be partially disabled. Access to Premium Calls and SMS services can be restricted by calling Customer Care.
    • 3.17.2 If you are under 18 you are not allowed access Adult Content. If you are aged 18 or over and wish to access Adult Content, you must meet the requirements of the Tesco Mobile age verification process.
  18. 3.18 Complaints
    • 3.18.1 If you have an issue with any aspect of the Services, please call Customer Care from any other phone and we will do our best to resolve it.
    • 3.18.2 Should your complaint not be resolved to your satisfaction following this procedure, you may ask for the complaint to be escalated within Tesco Mobile.
    • 3.18.3 If at the end of this procedure you feel your complaint has not been addressed properly, you can contact ComReg, the Communications Regulator.

4. PRIVACY AND SECURITY

  1. 4.1 Privacy and use of personal data
    • 4.1.1 We will use the personal data we hold about you including your name, address, your Mobile Phone number and spending (“your information”) to manage our relationship with you, conduct research on your use of the Services, help us make informed business decisions and inform you of Tesco Mobile offers and services. We will send you relevant offers and news about our products and services in a number of ways including by mobile call, email, SMS, post or online advertising. If you would prefer us not to inform you of offers and services, please let us know by contacting customer care or by updating your preferences on the website or app. If you change any of your details please let us know. This Section 4 is in addition to our Privacy and Cookie Policy.
    • 4.1.2 If you use a credit or debit card for any Tesco Mobile service, we may request additional information regarding your credit or debit card details for security purposes.
    • 4.1.3 If you register your Tesco Clubcard number to your Mobile Phone number to allow you to collect Tesco Clubcard points you agree to the sharing of your Tesco Clubcard information with us for the allocation of points and marketing purposes including direct marketing via post, email, telemarketing and SMS. Please note that this use of your personal data is additional to and does not affect the use by Tesco Clubcard of personal data collected by Tesco Clubcard in accordance with the Tesco Clubcard terms and conditions.
    • 4.1.5 We may monitor and record calls or other engagements made to or by customer care for training purposes and to improve the services we offer you.
    • 4.1.6 We will pass your personal data to any successors in title to our business and suppliers that process data on our behalf. We may also use and disclose information in aggregate (so that no individual customer is identified) for marketing and development purposes. We will not pass your information to anyone else.
    • 4.1.7 We will comply at all times with data protection legislation and any other legislation relating to the protection of personal information.
    • 4.1.8 You have a number of rights in regards to the personal data we hold about you including;
      1. the right to access the personal data we hold about you.
      2. the right to rectify incorrect or inaccurate personal data
      3. the right to erase personal data where;
        • We no longer need to keep your personal data
        • You have successfully made a general objection as outlined below
        • You have withdrawn your consent to us using your personal data (and we do not have any other grounds to use it)
        • We have unlawfully processed your personal data.
      4. the right to object to processing;
        • General objection - We will consider your objection to our use of your personal data. If on balance, your rights outweigh our interests in using your personal data, then we will at your request either restrict our use of it or delete it
        • Objection in relation to direct marketing – If you make such an objection, we will stop using your personal data for direct marketing purposes.
      5. the right to restrict to the processing, including;
        • You have successfully made a general objection as outlined above
        • You challenge the accuracy of the personal data we hold
        • We have used your personal data unlawfully, but you do not want us to delete it
      6. the right of portability whereby the personal data we hold about you, (that was provided by you, is processed by automated means and is processed on the basis of consent / contract) will be provided to you in a commonly used machine readable format.
      7. The right to complain where you are unsatisfied with our processing of your personal data to the Office of the Data Protection Commissioner Ireland.
    • 4.1.8 To discuss you’re the above rights or execute them please write to us at; Data Protection Officer, Tesco Mobile Ireland Limited, Gresham House, Marine Road, Dun Laoghaire, Co. Dublin. Alternatively you may email privacy@tescomobile.ie. To action any of your rights we may require proof of identity or further information from you to help complete your request. We will aim to provide you with the outcome of your request in a timely fashion however in instances where the request is complex we may require addition time to compete however will communicate any delay and expected timelines to you as soon as possible.
    • 4.1.9 If you are under 18 years of age, your parent or guardian may register with Tesco Mobile as an authorised person on your Account. We may provide certain limited personal information about your Account, including your usage, to the authorised person and will allow the authorised person to make certain changes to the Account or Service. When you are over 18 years of age, you may instruct us to cancel the authorised person’s access to your Account.

5. USE OF OUR WEBSITE

  1. 5.1 Website Use
    • 5.1.1 You agree to abide by all applicable national and international laws and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the Website.
    • 5.1.2 All information, designs, drawings and other specifications provided on the Website are the exclusive property of Tesco Mobile Ireland Limited. Any copying, transmission or re-transmission requires the prior written approval of Tesco Mobile Ireland Limited.
    • 5.1.3 We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot inadvertently place an order through an unsecured connection.
  2. 5.2 Disclaimer of Warranties
    • The information contained on the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained there, the information available through the Website is provided without warranties of any kind either express or implied.
  3. 5.3 Cookies
    • 5.3.1 Session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site. This information is not stored after you have left the site.
    • 5.3.2 Persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie but this may be indefinitely or until deleted).
    • 5.3.3 Web beacons, which are electronic images (also called "clear gifs" or "web bugs") that allow us to count the number of users who have visited these web pages.
    • 5.3.4 Cookies cannot be used by themselves to identify you. However, if you are an existing customer and you have logged onto our Website and identified yourself as a customer, we may be able to connect your personal information with your cookie information.
  4. 5.4 Other websites
    • Our Website may contain links to other websites which are outside our control. If you access other websites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy.

6. GENERAL

  1. 6.1 You must let us know if you change your name, address, telephone number or payment details or there are any changes to your bank account or payment card arrangements
  2. 6.2 If we break this Agreement, we will be liable for foreseeable and direct losses suffered by you up to a maximum of €250. We are not responsible for indirect losses which happen as a side effect of the main loss or which are not foreseeable (such as loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting customer care.
  3. 6.3 We do not exclude or restrict our liability for (a) death or personal injury caused by our negligence, (b) fraud, or (c) any of our liabilities that cannot by law be restricted.
  4. 6.4 If at any time we do not require you to comply with any part of your Agreement with us, this does not prevent us from asking you to at a later time.
  5. 6.5 If any part of our Agreement is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of the Agreement, which shall remain in force.
  6. 6.6 Any notices or communications that you send to us must be sent to customer care at Tesco Mobile Customer Care, PO Box 11027 Freepost F4409, Dublin 3. Any notices or communications that we send to you will be sent by text message to your
  7. 6.7 Mobile Phone Number. All notices or other communications will be deemed to have been received 24 hours after sending.
  8. 6.8 Our Agreement is governed by Irish law and any disputes about our Agreement will be decided exclusively in the Irish courts.
  9. 6.9 Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
  10. 6.10 The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

Definitions: In these Terms and Conditions the following terms have the following meanings:

  1. Account: a Tesco Mobile account applicable to one Mobile Phone number for which you have chosen to receive Services;
  2. Agreement: the agreement between you and us made up of (1) these Terms and Conditions, (2) any other terms and conditions for specific Services shown on our Website, (3) the Charges, (4) the description of the Services;
  3. Charge: the charges that you agree to pay for the Services as shown on our Website;
  4. Content: textual, visual or other information, software, photos, video, graphics, music, sound and other material created by, appearing on or available on or through Tesco Mobile (or third party Content providers);
  5. Credit: credit paid to your Account, either by voucher, Electronic Top Up, credit or debit card, or other means approved by us;
  6. Customer Care: our customer care service which can be contacted for free on 1749 from a Tesco Mobile number or 089 420 0000 from any other number;
  7. Mobile Phone: the mobile phone to which our Agreement relates;
  8. Network: the telecommunications system used by Tesco Mobile;
  9. Network Operator: any person(s) authorised or permitted to run a telecommunications system over which we provide Tesco Mobile;
  10. Prepay: means you pay Charges in advance by placing Credits on your Account;
  11. Services: means any service made available by Tesco Mobile on the Network;
  12. SIM Card: the card used with a Mobile Phone to access the Services;
  13. These Terms and Conditions: these terms and conditions, as updated from time to time;
  14. Top Up: means pre-purchased credit you buy and place on your Account;
  15. We or us: Tesco Mobile Ireland Limited (or our agent), whose registered office is at Gresham House, Marine Road, Dun Laoghaire, Co Dublin;
  16. You: you, the customer with whom we make this Agreement, including any person we reasonably believe is acting with your authority or knowledge;
  17. Website: means www.tescomobile.ie or www.tesco.ie (and click on Tesco Mobile) or any other website that replaces them.

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