SIM AGREEMENT
AGREEMENT COVERING THE BUILT-IN SIM CARD, ALLOWING USERS TO UTILISE THE CONNECTIVITY
SERVICES OF THE MOOCHIES PHONE WATCH
1. Kids Tech Company Limited, trading as
“Moochies” supplies a Moochies Phone Watch (“the Device”) which requires a SIM card
to operate to the User.
2. Moochies has agreed to supply the User with a SIM card that is built-in the
Device, which will allow the Device to access the relevant Network for the supply of
data and voice calls only, with an included data limit of either 500MB or 1GB per
month subject to the terms and conditions set out in this Agreement.
3. The User will pay to Moochies a monthly fee (“the Charges”), depending on the
plan chosen by them, for the use of the SIM card. The same shall be payable on each
Payment Date, as specified in the invoice sent by Moochies to the User on a monthly
basis.
4. Where the User exceeds their monthly data limit, the User’s plan shall be charged
for an additional data limit, depending on their plan. Any such fees for additional
data limit shall form part of the Charges payable by the User. For example, if a
User has chosen a 1GB SIM plan and exceeds this amount of data, the User will be
charged for an additional 1GB of data, in accordance with the terms of the said
plan.
5. Each plan lasts for 28 days, unless the allowance thereunder is used up earlier.
In such case, the additional charge imposed under Point 4 above will restart the
said 28-day period.
6. The commencement date of this Agreement is the date of purchase of the Moochies
Phone Watch by the User.
7. The term of this Agreement (“the Term”) shall continue until terminated pursuant
to the terms and conditions of this Agreement.
8. The parties agree that the SIM card is supplied to the User and the User accepts
the SIM card on the terms and conditions of the Agreement. The User hereby also
undertakes not to attempt to remove the SIM card from the Moochies Phone Watch or to
take any action aimed at tampering with the data recorded on the SIM card.
TERMS AND CONDITIONS SUPPLEMENTING THE SIM AGREEMENT
1. INTERPRETATION
1.1. The terms defined in clause 1.2 have the same meaning throughout this
Agreement. References to the singular include the plural and vice versa.
1.2. In this agreement, unless the context indicates otherwise:
1.2.1. “Agreement” means this Agreement, including the Terms and Conditions
supplementing it;
1.2.2. “Bar” means the suspension of the use of the SIM card by the User to access
the Services by Moochies or the relevant Telecommunications Supplier;
1.2.3. “Business Days” means any day other than a Saturday or Sunday when trading
banks are open for business in the relevant jurisdiction;
1.2.4. “Network” means the Transatel network in the UK; the Telstra network in
Australia; the Zipit network in the United States; or the TIM network in
Brazil.
1.2.5. “Services” means the telecommunication services that the relevant
Telecommunications Supplier provides from time to time via the Network which may be
accessed using the SIM card for the supply of data and voice calling only;
1.2.6. “SIM card” means the subscriber identity module issued by Moochies and
through which the Device is connected to the Network for the supply of data and
voice calling only;
1.2.7. “Telecommunications Information” means information about an identifiable
individual which is subscriber information, traffic information or the content of a
telecommunication;
1.2.8. “Term” has the meaning set out in Clause 7 at the front of this
Agreement;
1.2.9. “Telecommunications Supplier” means either Transatel, Telstra, Zipit or
TIM.
1.2.10. “User” means the person who purchased the Moochies Phone Watch, on which the
Services will be Used.
2. TERM
This agreement shall run for the Term.
3. MOOCHIES’S RESPONSIBILITIES
3.1. Moochies agrees to supply to the User for use in the Device, a SIM card issued
by the Telecommunications Supplier through which the Device can be connected to the
Network and access the Services.
3.2. Moochies will not be responsible for factors which adversely affect the
Services or the Network such as interference, adverse weather, geographic factors,
congestion and maintenance and outages. This means the User may not always be able
to receive or use the Services and the Network.
4. THE USER’S RESPONSIBILITIES
4.1. The User agrees:
(a) to follow Moochies’s reasonable instructions about the use of the SIM card and
the Services;
(b) not to use the SIM card for text communications;
(c) not to use the Services or allow the Services to be used, to spam or abuse
others, to cause a nuisance to others or for any offensive, malicious, unlawful or
fraudulent purpose;
(d) not to use the Services in any way which would interfere with or damage the
Network or any other telecommunication provider’s network, or any other User’s
enjoyment of the Services;
(e) to advise Moochies as soon as possible if the SIM card is stolen, lost or
damaged. The User will pay for any charges incurred up to the time Moochies is
advised of the loss or theft;
(f) to pay Moochies’s Charges on the Payment Date; and
(g) advise Moochies if the User changes its address or contact details.
5. CHARGES
5.1. The Charges for the supply of the SIM card depend on the SIM plan chosen by the
User. Moochies reserves the right to vary the charges.
5.2. If the User does not pay Moochies the Charges on the due date for payment, the
User will be liable for any costs incurred by Moochies in collecting the money the
User owes and the User shall pay penalty interest at a rate of 2% per month from the
date payment is due until payment is made.
6. SIM CARDS
Any SIM card Moochies supplies to the User remains the property of Moochies and must
(if Moochies requests) be returned to Moochies where reasonably practicable on the
termination of this Agreement.
7. LIABILITY – EXCLUSION AND LIMITATION
7.1. To the maximum extent permitted by law, all conditions or warranties of any
nature whatever in respect of the goods and services supplied by Moochies pursuant
to this Agreement are expressly excluded under this Agreement.
7.2. In no circumstances will Moochies, its employees, contractors and agents be
liable to the User for any loss of profit, revenue, anticipated savings or goodwill
or for any indirect or consequential loss, regardless of whether such losses were
contemplated.
7.3. In any event that Moochies becomes liable to the User for loss or damage of any
nature whatsoever (whether in contract, tort or otherwise) Moochies’s maximum
liability for any claim made or loss suffered by the User for any reason whatsoever
is limited to a sum equivalent to two years of total Charges payable pursuant to
this Agreement.
8. INFORMATION AND CONFIDENTIALITY
8.1. The User consents to the Telecommunication Supplier’s collection and use of
their Telecommunications Information for purposes connected with the
Telecommunication Supplier’s business operations in accordance with its privacy
policy of the relevant Telecommunication Supplier. The key provisions are summarised
below.
8.2. The Telecommunication Supplier may use and hold this Telecommunications
Information for purposes connected with its business operations. The
Telecommunication Supplier may share this Telecommunications Information with any
Telecommunication Supplier Group Company, the Telecommunication Supplier’s
employees, agents,
subcontractors and other network operators. The information will only be shared to
the extent necessary to enable the Telecommunication Supplier to perform its
business obligations and improve its operations.
8.3. Users may view any Telecommunications Information the Telecommunication
Supplier holds about them. The Telecommunication Supplier will correct any errors in
the information if the User demonstrates it to be incorrect.
8.4. The Telecommunication Supplier may monitor and record calls made to the User or
by the Telecommunication Supplier to the User.
8.5. This Agreement and any information that has been provided under this Agreement
by the User or by Moochies that is not publicly available, is confidential. That
information will not be disclosed by Moochies or the User, except:
(a) as required by law;
(b) as is necessary to satisfy the requirements of any regulatory agency;
(c) where the other party otherwise agrees in writing;
(d) as is necessary or provided for under this Agreement;
(e) to your or our professional advisors and consultants.
8.6. The User acknowledges that neither The Telecommunication Supplier nor Moochies
are able to exercise control over, and make no representations or warranties
concerning, the security or content of data or information passing over the Network,
any systems operated by third parties and the internet.
9. SUSPENSION, RESTRICTION AND DISCONNECTION OF SERVICES
9.1. Moochies may suspend, Bar or restrict a User’s use of any or all of the
Services if a User breaches (or Moochies has reasonable grounds to suspect that a
User has breached) any of its obligations under this Agreement. All applicable
charges will continue to be payable by the User during the Term.
9.2. If Moochies chooses to disconnect the SIM card, Moochies will give a User four
(4) business days notice. If Moochies suspends, Bars or restricts a User’s use of
the Services, Moochies reserves the right to do so immediately. Moochies will advise
the User if this is carried out.
10. TERMINATION
10.1. If Moochies’s agreement with the Telecommunication Supplier for the supply of
the SIM cards is terminated, Moochies may need to terminate this Agreement
immediately. If this happens, Moochies will give the User written notice.
10.2. Moochies or the User may terminate this Agreement by giving 28 days written
notice.
10.3. A User may, upon informing Moochies of their desire to do so, have a payment
holiday (i.e. not pay the Charges) for a period of six (6) months. It must be noted
that for any period during which the customer is not paying the Charges, the
Services will remain
Barred. Unless the User starts paying the Charges to the company after this period,
the SIM card will be permanently disconnected and the customer’s access to the
Services will be suspended. Should a custoemr wish to reconnect the Services,
Moochies may install a new SIM card, with a new number, in the Device against a
one-time fee.
10.4. If either party is in breach of this Agreement, the other may give written
notice to remedy the breach. If the breach is not remedied within 10 Business Days
of the notice, then the party not in breach may give written notice immediately
terminating this agreement.
10.5. If either party ceases trading or becomes insolvent or there are reasonable
grounds to suspect that this will occur, the other party may give written notice
immediately terminating this Agreement.
10.6. Terminating this Agreement does not affect any rights or responsibilities
which are intended to continue or to come into existence following termination of
the Agreement and liability for the Charges will continue to the date of
termination.
11. ROAMING
The SIM card shall not be used for roaming and shall only be used in respective
country, where the Telecommunication Supplier is providing the Services.