Article 1.
Definitions and framework
1.
The Wonet Data SIM card (“Wonet Data SIM”) is a mobile prepaid SIM Card,
which can be incorporated into a compatible equipment (i.e. a mobile phone,
a tablet, or a 3G dongle), in order to use mobile data services (the “Services”).
The Services are based on Wonet mobile roaming services and are limited to the
countries where Wonet has a mobile roaming agreement, and subject to the
conditions of such mobile roaming agreements.
2.
Wonet is a Swiss corporation organized and existing under the laws of Switzerland
with a Management Board and a Supervisory Board, having its office at Piazza Della
Riscossa N16,6906, Lugano, Switzerland.
3.
The Wonet Data SIM is described on the website: www.wonet.com
4.
No mobile number is given to the customer (“Customer”) and the Customer
cannot make regular dialed-up phone calls (even emergency calls) or send SMS with
Wonet Data SIM.
5.
The countries where the Customer can use the Wonet Data SIM are detailed on
the website: www.wonet.com
6.
The Wonet Data SIM is sold directly by Wonet on the App or website and by its
representatives, and it includes the Wonet Terms and Conditions
(excluding the tariffs).
7.
The Wonet Data SIM pricing is detailed on the website: www.wonet.com.
8.
A Self-care is provided for the Customer to subscribe and/or top up the Services.
Article 2.
Agreement
1.
This agreement (“Agreement”) will commence and a binding contract will exist
between Wonet and the Customer when the Customer subscribes to the Services.
It will continue until terminated as set out here.
2.
All Services, including any related offers and promotions may be subject to
specific additional terms and conditions advertised in our marketing literature
and/or on our website. Please check our website regularly as these terms and
conditions are updated from time to time.
3.
You will remain responsible to us under this Agreement for the actions of any
other person you allow to use the Services where we have not consented to a
transfer of this Agreement.
Article 3.
Our Obligations
1.
Wonet will provide the Services in accordance with the Agreement, and as
described in the current price plan, from the date of activation of the SIM card.
2.
We try to make sure that the Services are available to you wherever possible;
however both availability and quality of the services may be affected by things we
cannot control such as physical obstructions, atmospheric conditions and outages
on the Network where such outages and their remedies are not within our control.
We or our Network Operator may from time to time need to carry out upgrades or
maintenance work on the quality of the Services. We will endeavor to keep such
disruption to a minimum but this may not always be within our control.
3.
We shall provide the Services with reasonable skill and care and we shall use
reasonable efforts to make the services available to you. If you experience
problems with our services or suspect a fault, please contact us.
4.
We may from time to time and without prior notice, change the services in order
to comply with safety, regulatory, statutory and other requirements. We will try to
ensure that this does not materially affect the scope of the services.
5.
If the Service is interrupted more than three (3) days, or if the lead-time for
delivery of the SIM card is more than four (4) weeks after the date you have
entered into this Agreement, you are entitled, provided this interruption or this
delay is attributable to a breach by Wonet (and not to a breach by the carrier for
example), to request a refund from Wonet, corresponding to the proportion of the
bundle which you paid whilst not having access to the Service.
6.
Your personal information is covered by the French legislation protecting it.
Wonet undertakes all necessary steps to ensure the protection and confidentiality
of your personal information and may not use it for purposes other than
management of the clientele, market research, prevention of fraud and/or offences.
You are entitled to consult this information at any time and to send a request for
rectification or removal should it be incorrect, incomplete or irrelevant. You must
make this request by sending a written, dated and signed request to Wonet
(Customer service department), together with a photocopy of both sides of your
identity card.
Article 4.
Your Obligations
1.
You must use the services in accordance with this Agreement, and any other
reasonable instructions we give you from time to time.
2.
The Wonet Data SIM does not have a PIN code by default.
You can configure one PIN code by yourself from your device if you want to.
You must tell us immediately if your card has been stolen.
3.
You are responsible for all charges incurred on your Account whether or not
they are incurred by you personally, except those incurred after you have notified
us of the loss or theft of your SIM card and we have acknowledged it.
4.
You agree that you will always comply with this Agreement and that we and our
Network Operator have the rights set out there. You will be responsible to us for
any losses, expenses or other costs incurred by us without limit as a result of your
breach of this clause.
5.
You must provide us with a copy of your ID or passport before you first begin to
use the services. If not, we reserve the right to immediately suspend the services.
6.
You acknowledge that Wonet may immediately suspend certain services in case
they do not comply with the applicable laws.
7.
You are responsible for the way you use the services and we will not be held
responsible for any content sent or received by you.
8.
You are responsible for updating us as soon as reasonably possible of any
changes to your contact details.
Article 5.
SIM Cards
1.
All SIM cards that we provide to you remain either our property or the property
of Wonet. We may replace your SIM card at any time during this Agreement and
may also require you to return your SIM card to us.
2.
You must advise us if your SIM card is lost, stolen or damaged. We will replace
any SIM card, free of charge if it is defective. However, we reserve the right to
charge you for a replacement where a SIM card appears to have been damaged by
deliberate misuse or carelessness.
Article 6.
Credit and charges
1.
In order to use the services you must have sufficient credit and/or bundle
recorded in your account. When you are using the services and your credit and/or
bundles run out, we may cease providing you with those services until you record
further credits or bundles in your account.
2.
Your use of the Services is charged in accordance with the current rates
applicable to your chosen price plan. Charges, and in respect of allowances,
consumption will be deducted from the top-up (credit and/or bundle) associated
with your account. In the event that charges are incurred simultaneously, they will
be deducted simultaneously. All available price plans are published on the website
and will be regularly updated with price changes and special offers.
We can change the charges applicable to you at any time by posting the changes
on the website. You can contact Customer services and request details of our
prices or any price change at any time.
3.
Top up credit and bundle allowances may only be used for our services and you
will not be entitled to receive any cash refund for any remaining credit or allowance
unless expressly stated otherwise in this agreement. Credit and allowances are also
not transferable and no interest will be applied or payable to credit balances or
allowances.
4.
Your account may automatically be closed and your SIM card deactivated
twelve (12) months after not using the Services and paying for the use.
Article 7.
When you may suspend or disconnect
1.
We may, without liability to you, suspend or disconnect you fully or partially from
the Services without notice, under the below circumstances:
a.
If we are entitled to terminate this Agreement due to your failure to comply
with its rules, but we elect to provide you with an opportunity to remedy
such failure whenever reasonably practicable.
b.
If we are required to do so by the Government and emergency service
organization or any other competent body or lawful authority.
c.
For repairs or maintenance, or for operational or security reasons.
d.
In circumstances where we observe fraudulent or unusual use of your
Account or one or more service (e.g. abnormal high usage patterns).
e.
If we have a good reason to suspect a breach by you of this Agreement.
f.
If you advise us that your SIM card has been stolen/lost/damaged or
destroyed.
g.
If your SIM card or device is interfering with the normal operation of the
network or if your account is in arrears.
h.
If you do not use the service in compliance with the applicable laws and
regulations, and other conditions included in the mobile roaming agreements
of Wonet.
Article 8.
Changing the agreement
1.
This section applies to all changes to the Agreement except changes to our
charges, which are already described above.
2.
We can change or update the Agreement at any time. We will only do this if we
have a valid reason, for example to reflect changing arrangements with our
roaming partners, or changing legal, regulatory or business requirements.
3.
Where we make a significant change to this Agreement, we will notify you about
this change and also place details on the Website. If you do not agree with a
significant change to this Agreement, you may stop using the Services and
terminate the Agreement.
Article 9.
Internet Access
1.
We do not make any warranty as to the accuracy, completeness, reliability or
continuous supply of the content or information contained on any third party sites
or resources accessed via the Services.
2.
We will not be responsible for any harm you suffer from any virus that gains
access to your equipment, whether transmitted via the Services or otherwise. It is
your responsibility to protect your equipment with a suitable anti-virus software.
Article 10.
Online Payment
1.
Wonet can ensure its customers that the online payment process is totally
secured.
2.
Wonet keeps the right to refuse and block any top up or suspend the line for any
fraudulent usage of yours.
Article 11.
Devices
1.
The customer has to follow the indications given by Wonet in terms of technical
norms imposed by competent authorities.
Article 12.
Contact
1.
For any information or request vis-à-vis Wonet, kindly contact the customer
service department, the contact details of which are as follows:
2.
Wonet - Customer service email: cc@wonet.com
3.
Address: Please refer to our website.
Article 13.
Applicable law
1.
If you are a retailer, any dispute may be referred to the Courts within
the jurisdiction of the Lugano Court of Appeal in Switzerland.
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