Security of our Gator watch is a top priority.
Our watches have never been maliciously hacked according to our knowledge or the knowledge of any of our business partners and or associates. We have a professional London based cyber security team who do testing on our systems regularly but they do it only with the intention of protecting us and our customers.
Our app data is end to end encrypted. Our data is stored on Amazon using Amazon Web Services which is used by many major corporations.
If you have any questions about the security of our product, please email us at firstname.lastname@example.org. You will receive a response within 24 hours.
Yes. There is a 1 year warranty against any manufacturer’s defects. The warranty does not cover damage caused by improper use, damage to the display screen or if the watch has been tampered with. Please also check with the retailer where you bought your Gator watch as some may offer a longer warranty period.
We currently have blue, pink and black. We hope to have more colours in the future.
Used under normal operating conditions, the watch will work for 4 days. We suggest you turn off your watch at night when you are not using it.
Please review the detailed User Manual attached to the email sent to you with the Gator watch phone number.
If you have any further questions, please email email@example.com with your issue and contact details, and we will get back to you within 24 hours.
We do not collect historical or real time data on steps taken. The Gator pedometer only tracks steps taken during one full day starting at midnight.
When the watch is in motion, the watch will track the steps taken but this is not reported to the app immediately. This was done in order to conserve the watch battery life. When the watch is not in motion, this will then report the steps collected to the app.
The pedometer was added as a feature to see that a child was being active or not rather than like a fitness tracker where it is able to do a lot of data analysis and real time tracking.
We recommend that 5 is the youngest age, however, it depends on your child’s ability to understand how to use the watch and the phone functions.
The highest measured SAR (Specific Absorption Rate) 10g is 1.43W/kg.
Our Gator watch is in complicance with SAR for general population/uncontrolled exposure. Our device falls into the limbs limit (as it is worn on the wrist) of 4.0W/kg.
No. Gator watches sold in the UK and EU do not have this feature.
Please review the detailed User Manual attached to the email sent to you with the Gator watch phone number.
If you have any further questions, please email firstname.lastname@example.org with your issue and contact details, and we will get back to you within 24 hours.
The Gator watch uses GPS, WIFI and Location Based Services (LBS) to track the location of your child.
GPS: This is the most accurate form of tracking as it uses trilateration or 3 satellites. The data point from the satellites is tracked every 90 seconds when your child is outdoors and moving around. GPS on the Gator watch is accurate up to 10-15m.
WIFI: Similar to GPS, trilateration also applies, which means you need 3 WIFI hotspots in your area to be able to pick up the most accurate location.
Location Based Services (LBS): This uses cell towers in your area to detect the location of the watch. This is used only when the GPS signal cannot be picked up or when less than 3 WIFI signals are detected. Use of cell towers to track the watch is the most inaccurate as they can often be very far away from one another and from the watch itself. This is especially true if you live in a rural area.
There may be instances when you check your app and see that your child is in a location that he or she will have never have been to, or the app will show they are somewhere else and not in school as they should be. This is because they are indoors (no GPS), in an area with less than 3 WIFI hotspots (likely in schools) and so cell tower signals are used to approximate the location.
Another way to check your child’s location is to use location history on your app to check the route your child has taken. As GPS is the most accurate tracker, it will always capture the last outdoor location so most of the time this will be just outside the school or a friend’s house.
Please note that if your watch is not in motion, the location updates will not be sent to the app (until it is in motion again). This helps to extend the battery life. The accuracy of the current location information is indicated by a light blue circle around the location marker in the app indicating the area that the exact watch location lies within.
The display we use is made of Corning glass and it is a toughened glass made to withstand normal every day use. Similar to iPhone screens, it is durable, but if there is forceful impact on the display, it will crack or break. Unfortunately, this is the nature of display screens as ones at present in the market which will not break are far too costly to produce. We hope this will change going forward but until then, we use a toughened glass display. We have tested this screen on hundreds of children and it is usually with force and direct contact against a hard surface, that the screen will crack.
Our manufacturer’s warranty does NOT cover cracked screens and this is the case with most consumer electronics products with a display screens.
If your screen is cracked, please contact us at email@example.com
There may be instances when you check your app and see that your child is in a location that he or she will have never have been to, or the app will show they are somewhere else and not in school as they should be.
This is because they are indoors (no GPS), in an area with less than 3 WIFI hotspots (likely in schools) and so cell tower signals are used to approximate the location which is likely inaccurate. The Gator watch will attempt to use SMART tracking which collects data from GPS and WIFI collected during the day to approximate a location and the accuracy of this data varies.
Another way to check your child’s location in such a situation is to use location history on your app to check the route your child has taken. As GPS is the most accurate tracker, it will always capture the last outdoor location so most of the time this will be just outside the school or a friend’s house.
Please go to your app, settings, go to edit profile and in the field Watch Phone Number, please check that a 0 is added in front of the number (eg 07*********).
If you long press on the + or – button, and the screen displays ’empty’ this means the numbers you have entered into the Gator app have not been communicated to the watch. This is often due to poor signal. Please take your watch to another location with better signal strength. When you press the + or – and the picture appears, this means the watch has received the phone numbers.
Ensure that on all smartphones allowed to call the watch, that call display or caller ID is turned on. The watch needs to recognize all incoming calls in order to answer it.
Please enter as 447****** or 4420****. The reason to add the 44 country code is so that when you travel outside of the UK, the Gator watch will work automatically.
Tracking will stop when the watch is not in motion. So when your child is at school, you will not see tracking updates. If your child is in motion but the tracking doesn’t work, please email us immediately on firstname.lastname@example.org and we can fix this within a few hours.
If you don’t see the photo of your child on the map, please refresh the app by deleting it and reinstalling it.
Yes. When the second app user downloads the Gator app, they will be asked for a verification code from the primary app user. This verification code can be found in the Gator app under Settings/Go to Edit Profile. When adding the verification code, please ensure that the second app user does not move away from the app page asking for this code. Once you move away from the app page, a new code is generated.
When you turn your Gator watch off and attach the magnetic charger, press the on/off button once and ‘charger connected’ will appear on the screen. This tells you the Gator watch is being charged.
If you still have issues with charging or the ‘charger connected’ does not appear, please email us at email@example.com
Yes. Calls made from the Gator watch to Switzerland, Isle of Man, Jersey, Guernsey, Andorra, Monaco, Gibraltar, Faroe and any country outside of the EU will be charged at minimum £1.50/minute (charge differs for each country).
If you wish to make calls to any country listed above or outside the EU, you will need to email us at firstname.lastname@example.org. Any attempt to make such calls without informing us will result in suspension of your service which means the Gator watch will not be able to track or make phone calls.
If you have chosen the monthly rolling plan (£11/month), you can cancel at any time with a one month notice period by email at email@example.com
You cannot cancel an annual service plan (£9/month) until one month prior to the end of the service contract.
Please note that the watch will NOT work without an active service plan.
The SIM and service plan are registered to you upon activation, and are non-transferable. Please contact us at firstname.lastname@example.org if you wish to transfer the watch and service plan to a new owner.
No. All Gator watches come with a pre-installed SIM card and designated phone number.
Yes. The Gator watch has a SIM card and works just like any other mobile phone. The monthly charge includes:
– unlimited data
– 60 minutes of outgoing voice calls
– multi-network coverage (Vodafone, O2 and EE)
– free roaming in most of the EU EXCEPT Switzerland, Isle of Man, Jersey, Guernsey, Andorra, Monaco, Gibraltar and Faroe
Yes. Your Gator watch will work with no extra cost for data and 60 mins of outgoing voice calls in any country in the EU EXCEPT FOR Switzerland, Isle of Man, Jersey, Guernsey, Andorra, Monaco, Gibraltar and Faroe. Please make sure to add +44 to all of the phone numbers (i.e. the watch phone number itself and all of the emergency and whitelisted contact numbers) in the Gator App when the watch leaves the UK. For travel to countries listed above and outside the EU, please contact email@example.com to activate global roaming. You can review the global roaming charges in our Roaming Details document.
You need to provide one month’s notice to stop the service with the networks. Please email firstname.lastname@example.org if you wish to stop or reactivate the service. Reactivation will take up to 48 hours and may result in a change to the phone number assigned to your Gator watch.
No. Every watch comes with unlimited data and 60 minutes of inclusive outbound voice calls. As your child can only call you or another parent/guardian, as long as you hang up the call, the watch will also hang up the call. When the 60 minute allowance has been used, you will be notified by email. We have very rare instances when a child exceeds the 60 minutes.
Our advice is IF your child calls you and it is not an urgent issue, consider calling them back. This will save the 60 minutes for use when an urgent issue does arise.
If your credit card is cancelled or replaced, and we are unable to take your monthly payment, we will notify you by email that you need to update your details.
You will need to login to your account at www.techsixtyfour.com and go to My Account then Payment Settings to update your credit/debit card details.
Please note that failure to pay the monthly service plan fee within 7 days will result in the deactivation of the plan which means the Gator watch will no longer be able to make/receive phone calls or track. Reactivation will be subject to a £20 fee. Please email us at email@example.com if you have any issues with your card payments.
In the UK, we use all 3 networks – Vodafone, O2 and EE. The watch will automatically use the network with the strongest signal at any given location which ensures the best possible coverage and minimizes the number of ‘dead zones’.
Your Gator watch will work with no extra cost for data or 60 minutes of outgoing voice calls in any country in the EU EXCEPT Switzerland, Isle of Man, Jersey, Guernsey, Andorra, Monaco, Gibraltar and Faroe.
Please make sure to add +44 to all of the phone numbers (i.e. the watch phone number itself and all of the emergency and whitelisted contact numbers) in the Gator App when the watch leaves the UK. For travel to countries listed above or outside the EU, please contact firstname.lastname@example.org.
No. You get a full 60 minutes every month so a call lasting 20 seconds will only incur 20 seconds from the 60 minutes.
No. We only send call logs when the 60 minutes per month has been exceeded.
Talk time in excess of 60 minutes per month is charged at 25p per minute.
We strongly suggest that if your child wants to have a long conversation, call them back. Calls TO the watch do not count towards the 60 minutes.
No. Sorry but this feature has not been added on the app. There are very few instances when a child exceeds the 60 minutes of voice per month.
We strongly encourage you to call your child back if the conversation is not an emergency as calls TO the watch do not count towards the 60 minutes.
Billing starts the day your watch is activated and you will be charged every month automatically thereafter. This applies to both the £9/month annual contract and the £11/month with no contract.
Yes they are
We run our platform on Volusion and have done so because they host our website in their secure data centres and payment servers that fully comply with (and exceed) these strict Payment Card Industry rules. Please see this link https://www.volusion.com/
Yes, however, long distance calls made outside of the EU and to Switzerland, Isle of Man, Jersey, Guernsey, Andorra, Monaco, Gibraltar, Faroe incur additional charges.
Any attempts to make long distance calls will deactivate your service and your Gator watch will no longer make calls or track.
We strongly advise that you do not enter numbers under emergency contacts or the whitelist that are outside the EU or in Switzerland, Isle of Man, Jersey, Guernsey, Andorra, Monaco, Gibraltar or Faroe as these will result in extremely high charges which you will be liable for.
- Go to www.techsixtyfour.com to purchase your Gator watch service plan (Techsixtyfour owns MyGatorWatch.com).
- At the top right of the website, click REGISTER.
- Fill in your details and click Submit Registration.
All credit card information go through our store encrypted with the SHA-256 grade signature algorithm, the highest standard currently available in the e-commerce industry.
Go to www.techsixtyfour.com then MY ACCOUNT at the top right of our website. Under the login box, you will see a link “Forgot your password? Click here”. This link will send an email to you with your password.
We hope you are completely happy with your Gator Watch but if you are not, no need to worry. Please email email@example.com and let us know how we can help. Our retail partners all accept returns.
Returns should be in its original state, unused and in the original package. Please send all watches using a secure method of tracking for your protection.
The Gator Watch comes with a one year warranty against any manufacturer’s defects. Some of our retail partners may offer longer warranty periods. The warranty does not cover damage caused by improper use, damage to the display screen or if the watch has been tampered with. If your watch is defective or damaged, please email us at firstname.lastname@example.org. We will advise you on your next steps depending on what is wrong with the watch.
Please see our Terms & Conditions for complete details regarding our return policy.
We accept the following debit and credit cards: Visa, MasterCard and American Express. We also accept Paypal.
Activation of your service plan can take up to 48 hours. We will email your new watch phone number to you. Please check your spam accounts if you have not received an activation email after 48 hours.
Please see our Terms & Conditions for complete details regarding our return policy (summarised below).
We hope you are completely happy with your watch but if you are not, no need to worry. We will be pleased to exchange or have a product returned to us at our discretion. Our retail partners also have refund and exchange polices in place.
- If what you have bought is faulty, misdescribed, the wrong order or you have simply changed your mind you may have a legal right to end the contract. To end the contract with us, please let us know by emailing our customer service team on email@example.com.
- The Product must be returned in its original condition.
- In all circumstances where you are returning the Product where you are exercising your right to change your mind, you must pay the costs of return.
- Please note that we are not responsible for any delays in the Product being returned to us.
- If you have just changed your mind about the Product you may be able to get a refund if you contact us within 28 days of placement of your order.
- We reserve the right on a case by case basis to refuse return and refund of the goods at our discretion. You do not have the right to change your mind, exchange or return Products where they have been used or damaged and each returned Product will be inspected on an individual basis. Returns should be in the original state, unused and in the original packaging.
- We will refund you the price you paid for the Product by the method you used for payment. However, we may make deductions from the price. Deductions from refunds will be made on the price you paid for the Product to reflect any reduction in the value of the Product if this has been caused by your handling of the Product or the value of the Product has been reduced.
- We may end the contract for a Product at any time by contacting you if:
- (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product;
- (c) you do not, within a reasonable time, allow us to deliver the Product to you or collect them from us;
- We reserve the right to withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided and or suggest replacements.
What information do we collect?
- We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as email, or participate in another site feature.
- When ordering or registering, we may ask you for your name, email address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
- We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
- Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
- If you have opted-in to receive our email newsletter, we may send you periodic emails. If you would no longer like to receive promotional email from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive email newsletters, you will not receive these emails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our email list and receive email communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use “cookies”?
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include TechSixtyFour Limited. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?
To modify your email subscriptions, please let us know by modifying your preferences in the “MY ACCOUNT” section at www.techsixtyfour.com. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the “MY ACCOUNT” section of our site at www.techsixtyfour.com and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
Terms and Conditions
Please also visit our Terms & Conditions section regarding the use, disclaimers, and limitations of liability governing the use of our website.
This website is for information only and no data is requested or stored. Watch purchases are redirected to our parent site www.techsixtyfour.com and that is protected with SSL (secure socket layer) encryption, the highest standard in Internet security. We also use Paypal which have the highest standards in Internet security.
TECHSIXTYFOUR SIM SUBSCRIPTION TERMS AND CONDITIONS
1.1. The Parties
This Agreement relates to Subscription Services provided to you by Techsixtyfour. We are Techsixtyfour Ltd, a company registered in England & Wales, company number 09766176, whose registered office is Kemp House 152 – 160 City Road, London, EC1V 2NX (“Techsixtyfour”).
In this Agreement, references to “we”, “us” and “our” are references to Techsixtyfour and references to “Customer” and “you/your” are references to you.
1.2. This Agreement
(a) This “Agreement” is comprised of:
- these General Terms and Conditions;
- the Price List;
1.3. Contact us
You may contact us via the following:
- by email at firstname.lastname@example.org;
- by calling 02036330415 from other mobiles or landlines.
In this Agreement, capitalised terms shall have the meanings set out below:
“Account” means our records of any information which you have supplied to us. This includes your personal information, your payment details, and details of your use of the Services. An Account is created when you order the Gator watch.
“Administration Fee” means any charge which we may levy under this Agreement, in specified circumstances for the cost of additional and/or non-standard services to you;
“Annual Contract” means an annual Service Plan that runs for a period of twelve (12) months.
“Charges” means charges for access to, and use of, the Services as set out in the Service Plan and the Price List. These charges may cover (but are not limited to) fixed periodic charges, including your Monthly Charge, usage charges (for example, charges for outside of your Service Plan), account Administration and any costs incurred in collecting outstanding payments from you;
“Content” means any text, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services for use on the Product or otherwise;
“Credit Card” and/or “UK Debit Card” mean a card issued by a bank in your name from which we are able to take payments under this Agreement directly or via our partners;
“Customer Services” means our staff and call handlers allocated to respond and assist customers with any queries and complaints regarding this Agreement and the Services. Customer Services are contactable as set out in section 1.3;
“International Roaming” or ‘’Roaming’’ means the Service supplied to you to enable you to obtain access to other mobile communications networks. This Service includes the ability to make and receive domestic and international voice calls.
“Mobile Device” means a wearable mobile device or tracker capable of being connected to our Service via the Network Provider for Services when used in combination with a SIM Card;
“Monthly Charge” means the monthly fixed charge payable by you for your Service Plan including any price increases.
“Monthly Contract” means a Service Plan that is for the duration o f one (1) calendar month.
“Price List” means the list of prices and Charges and any applicable conditions relating to the prices and Charges for the provision of the
Service to customers which may be periodically updated by us for our Services;
“Recurring Payment Method” means a means of, automated payment, preauthorised by you, such as a recurring credit or debit card payment .
“Roaming Sim Card” means a Sim Card which uses 3 network providers (Vodafone, O2 and EE) to continually ensure that the Mobile Device has the strongest available signal.
“Service” means any Mobile Services Plans services made available for use by you via the SIM Card installed in the Mobile Device, once you have activated the SIM Card, including airtime minutes, enabling you to make or receive domestic and international calls from the Mobile Device, and data by means of the Network, including voicemail and International Roaming where applicable;
“Service Plan” means the multi network voice and data plan selected by you for your Mobile Device;
“SIM Card” means the card pre-installed in your Mobile Device purchased by you from our website bearing a unique mobile telephone number programmed to allow the Product to access the service;
“Term” means an Annual Contract or Monthly Contract;
“User Guide(s)” means any guides or documentation supplied with your Mobile Device/SIM Card either by us or by the Network Provider that explain to you how the Service works, how to purchase call time and/or how to use your Mobile Device; and
This Agreement will start, and you are deemed to accept the terms and conditions of this Agreement, when you register the SIM card to your account for either an Annual Contract or Monthly Contract and will continue for the Term, unless and until terminated in accordance with this Agreement. .
At the end of each Monthly Contract period, this Agreement shall automatically be extended by a further month, and continue to do so at the end of each further month until such time as you terminate this Agreement by providing thirty (30) days notice.
At the end of each Annual Contract, this Agreement shall automatically be extended by a further year, and continue to do so at the end of each further year until such time as you terminate this Agreement by providing thirty (30) days notice before the end of the current Annual Contract period.
- OUR SERVICES
3.1. SIM Cards
(a) Any SIM Card we provide to you to use the Services remains the property of Techsixtyfour. The Network Provider may change your SIM Card.
(b) You must notify us immediately if your SIM Card/Product is lost, stolen, damaged or destroyed, or used without your authority You must co- operate with us in our reasonable security and other checks to protect you, your information, other customers, us, the Network Provider and Services.
(c) You must buy the service plan on our website that matches the SIM card you selected when you ordered the Mobile device from our website. Failure to purchase the correct Service Plan that matches the SIM Card will result in the mobile Device not being able to make or receive calls or data.
3.2. Changes to Services
We, or our Network Providers, may, from time to time, change the Services in order to comply with any regulatory or statutory requirements. Details of any changes we make will be made available on our website.
3.3. Availability and provision of the Services
(a) Our Services are provided using Network Providers in the United Kingdom. You acknowledge that some of the services provided under the Agreement are subject to arrangements that are outside our control.
(b) The availability and quality of the Services may be affected by factors outside our control, such as your Mobile Device, physical, geographic and atmospheric conditions, and the functional capability of the Network or any other networks used to provide the Services to you.
(c) We may also need to suspend your Services, wholly or partially, from time to time without notice where you fail to pay your instalments in accordance with this agreement or we or the Network Provider suspect fraud.
(d) For the reasons set out above and due to the nature of mobile telecommunications services, our Network Providers do not warrant that the Services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that they will meet your specific requirements.
3.4. International Roaming
(a) The Mobile Device will work when roaming outside the UK or EU if our Network provider has an arrangement in place with a foreign operator.
(b) Overseas networks on which we rely to support the Service while you are Roaming abroad may be limited in quality and coverage which we have no control over.
(c) Your use of the Services when Roaming may be subject to different laws and regulations applying in that country and you are solely responsible for compliance with those laws and regulations.
(d) The Charges for Roaming are set out in the Service Plan. Please be aware that you also have to pay for receiving calls outside the UK & EU, including for the International components of such calls, when you are Roaming..
The mobile device does not use SMS.
3.6. Other terms regarding the Services
(a) We or our Network Providers may from time to time:
- issue reasonable instructions and guidelines concerning the use of the Services; and/or
- block certain numbers from the Services or International Roaming.
3.7. Fair Use
Use of the Services is limited to fair and reasonable use as may be defined by us from time to time. Our Services and Charges assume fair and reasonable use of the Service by you. In the event your usage is not in line with the terms of the agreement, we reserve the right to review the Charges applied to your Account or to suspend or terminate the Services offered to you in accordance with section 7 – we will notify you before we do this.
- YOUR USE OF THE SERVICES
(a) The Services are made available to you provided that you:
- comply with the terms of this Agreement, any User Guide(s) and any reasonable instructions or guidelines issued by us or our Network Provider governing your use of the services. You remain solely responsible for the manner in which the Services are used;
- give us all information we reasonably ask for, such as correct and current name and address or any other information we may require
- only use the Services with the Mobile Device;
- are responsible for the acts and omissions of any and all persons using the Services through your SIM Card. This applies even where you allow someone else to use your Mobile Device with the SIM Card;
- are wholly responsible for the content of the use of the Service, including all call content, messages or other communications sent or received by you or any other person using your SIM Card;
- do not attempt to gain or actually gain or permit any third party to attempt to gain unauthorised access to the Services and/or Network;
- do not use or permit the use of the Services for any improper, immoral, fraudulent or unlawful purpose, or to cause any injury,
offence or annoyance to any person or to send unsolicited commercial messages to any person;
- Do not use the device to call Premium rate telephone numbers or numbers outside of the EU and in Switzerland, IoM, Jersey, Guernsey, Andorra, Monaco, Gibraltar, Faroe (b) You may not resell the Services or otherwise exploit the Services commercially or to Our detriment. For the avoidance of any doubt this includes use of the Services for the purposes of fraud.
(c) You must co-operate with all reasonable requests made by us relating to the provision of the Services to you.
- PAYING YOUR BILLS
(a) You must pay us all Charges in connection with all Services which are accessed using the SIM Card. You must pay the Monthly Charge, whether or not your allowance of voice units, and/or data units are consumed by you or by another person, with or without your permission. If your SIM Card and/or Mobile Device is lost or stolen you remain responsible for all the Charges to your account until you tell us what happened and arrange for your SIM Card and/or Device to be deactivated.
(b) We’ll send you a bill only if calls exceed the 60 minutes allocated to your service plan.
(c) Your bill will normally include your Monthly Charge for your Service Plan for the next billing period and any administration fees along with Charges for your use of the Services in the UK in the last period and outside the UK in prior periods (if not within your allowance).
(d) Charges on your bill are shown inclusive of VAT (where appropriate), unless you’re a business customer, in which case, VAT will be added to your bill where appropriate.
(e) You must make your payment by the due date and by one of the payment methods stated on your bill. Your bill will state the amount of the Charges due from you and the due date by which you must make payment. If you fail to pay your account on time, you will be breaking your agreement and we may suspend or disconnect you. In this case, you will have to pay any outstanding Charges.
(f) We may need to take legal or other collection action against you for non-payment of Charges. This could mean you have to pay our reasonable costs and expenses, or the reasonable costs and expenses of our assignees, including legal and administration costs. Interest may be added on a daily basis to any unpaid Charges and costs, at 2% per annum above the base rate of Barclays Bank plc, from the date payment is due until it is received.
(g) We require you pay your Charges by a Recurring Payment Method, as a condition of signing up to Services, if at any time we are unable to take payment from your Recurring Payment Method we will contact you to advise you that this is the case and if you fail to pay with the amount shown on your last bill in full within 5 days, you will be breaking your agreement and we may suspend or disconnect your Account.
(a) We exclude all liability to you arising in any way for any:
- loss where we are not at fault;
- loss of income, business or profits;
- loss or corruption of data;
- loss of use of the Services; and
- any loss or damages which were not reasonably foreseeable at the time we entered into this Agreement.
(b) Nothing in these terms shall act to exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited by law.
(c) Nothing in this Agreement affects your statutory rights as a consumer (if applicable).
(d) We are only liable to you as set out in this Agreement. Except as set out in sections 6(b) and (c), our entire liability to you shall be limited to the amount you have paid for the service.
(f) Except as otherwise provided in this Agreement all conditions, warranties or other terms (whether express or implied by operation of law or otherwise) are hereby excluded to the extent permitted by law.
(g) We will not be liable to you for any failure by us to carry out our duties or to provide the Services because of an event, act or omission that is beyond our control.
(h) This section 6 will continue to apply after this Agreement has ended.
- YOUR RIGHT TO CANCEL YOUR ORDER FOR SERVICES
1(a) You may cancel your order for Services by returning your Mobile Device to us within 14 days of the date of creation of your Account. Please note that in order to obtain a refund the SIM Card must still be fitted within the Mobile Device and no attempt must have been made to remove the SIM from the Mobile Device. If you have used the Service or if we do not receive the Mobile Device containing the SIM Card by the required date, or if the SIM Card has been used, broken or if it has been returned incomplete, then you may not receive a refund.
(b) You are responsible for the Mobile Device until it is received by us.
(c) You can return your Mobile Device by posting it to us at your own expense. Please contact Customer Services for the address to which your returns should be sent. Please note that proof of sending does not mean proof of receipt by us and you may wish to send such items by recorded delivery for confirmation of receipt by us.
(d) We will not make any refund until the returned Mobile Device and SIM Card has been inspected by us and found to be in a satisfactory condition. Refunds (where applicable) may take up to 30 days to process. If you made the original purchase using a Credit Card or UK Debit Card any refund will be credited to that Credit Card or UK Debit Card.
(e) These terms operate in addition to any other statutory rights you may have as a consumer.
- SUSPENSION AND TERMINATION
8.1. When we can suspend
(a) We (or our Network providers) may suspend the Services (in other words bar your access to the Services) or disconnect any SIM Card from the Network without notice:
- as provided for in the section 3.4;
- if you or anyone who uses your SIM Card does not keep to the terms of this Agreement;
- if we believe your SIM Card or Mobile Device is being used in a way which is not allowed under this Agreement;
- if you notify us that your Mobile Device and/or SIM Card has been lost or stolen;
- if you have provided us with information we reasonably believe to be false or misleading;
- if we reasonably believe there has been fraudulent activity on your Account;
- if we have reasonable grounds to suspect fraudulent use of the Services or your SIM Card, or where we would suffer direct loss as a result of any use of the Services; or
- if you or anyone who uses your SIM Card contravenes any acceptable use policy we have notified you about and you continue to use the Services in breach of that acceptable use policy after we have notified you of the breach.
8.2. When you can terminate
(a) Monthly Contract Service Plan: You are entitled to terminate this Monthly Contract Service Plan by giving 30 days notice.
(b) Annual Contract Service Plan: You are entitled to terminate your annual plan by giving 30 days notice before the end of the annual contract service plan.
8.3. When we can terminate
We are entitled to terminate this Agreement immediately:
(a) if the Services are suspend under section 8.1, or if we have the right to suspend the services under section 8.1, and we reasonably believe that the grounds are serious and have not been, or are unlikely to be, rectified;
(b) if you are in breach of your obligations under this Agreement in any material way and have not rectified that breach within 7 days of us asking you to;
(c) if we suspect you of involvement in fraudulent activities
8.4. Effects of termination
(a) Upon termination of this Agreement:
- your right to use the SIM Card and any number(s) associated with it also terminates;
- you will not be able to use the Services at all; and
- you will lose your mobile phone number (unless you port to another network).
The Mobile Device will not work without an active voice plan
(b) You will be billed until the end of your 30 day notice period.
- CHANGES TO THE AGREEMENT
(a) We may change any and all terms and conditions of this Agreement (including the Price List) at any time without notice to you, where such changes favour you as a Customer. The current Agreement is always available on our website.
(b) We may make incidental changes to this Agreement (including the Service Plan) where required to do so to comply with legal, regulatory or tax changes, for circumstances otherwise outside of our control, or for minor changes incidental to the operation of this Agreement.
These changes can be made by us immediately and without any notice to you other than by publication on our website.
(c) We may make material changes to any and all terms and conditions of this Agreement (including the Price List) by giving you 30 days’ notice by publication of the change on our website.
(d) If you do not accept any changes notified to you, you may terminate this Agreement or stop using our Services prior to the implementation of any such change.
(e) If you are not fully satisfied with any part of the Services or this Agreement after it is amended, you can terminate this Agreement or discontinue use of the services.
- YOUR PERSONAL INFORMATION
(d) The periods for which we keep your information depend on the purpose for which your information was collected and the use to which it is put. We will not keep your personal information for longer than necessary for our business purposes or for legal requirements.
(e) We may use third parties to process your personal information in accordance with our instructions and the law.
- COMPLAINTS AND DISPUTE RESOLUTION
We will do our best to resolve your complaint as quickly as possible.
(a) We can transfer our rights and obligations under this Agreement at any time without notice to you.
(b) You may not transfer any of your rights and obligations under this Agreement without our prior written consent, which may be given at our absolute discretion.
(c) This Agreement is between you and us. The parties do not intend that that any term of this agreement should be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise by any person who is not a party to this Agreement. (d) The headings in this Agreement do not affect its interpretation.
(e) No failure or delay by us in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy unless we agree in writing, nor shall any single or partial exercise of any right or remedy prevent us from any other or further exercise of that, or any other, right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
(f) Each part of this Agreement is severable from the balance of this Agreement and, if any part of this Agreement is illegal, void, invalid or unenforceable, then that will not affect the legality, effectiveness, validity or enforceability of the balance of this Agreement.
- GOVERNING LAW
This Agreement, and any contractual or non-contractual dispute arising in relation to this Agreement, is governed by and construed in accordance with the laws of England & Wales. The courts of England & Wales have exclusive jurisdiction in respect of any dispute arising out of the Agreement, unless we require a court order or injunction against you in another jurisdiction.
We can only send out call logs if calls made exceed the 60 minutes included in the monthly service plans.
Your credit card will be charged within 24 hours after your watch activation email has been sent to you.
If a refund for the service plan has been issued, it will take 5-10 working days to show on the card used to pay for the service. If the payment is made using Paypal, a refund will be made using Paypal.