HMD Mobile Service Terms

These HMD Mobile Service Terms together with the Privacy Policy and all other additional terms and information that may be provided within the Service govern your use of the Service, site, content and software. By registering for or using the Service or any portion of it you unconditionally accept these terms. if you do not agree to be bound by these Terms, you may not use the Service. Any offers and promotions made available by us from time to time may be subject to supplemental terms.

The Terms constitute an agreement between you and HMD Global Oy, Bertel Jungin aukio 9, 02600 Espoo, Finland (HMD Global), defining your and HMD Global’s rights and responsibilities with respect to the Service.

1. Definitions

1.1 In these Terms:

“Account” means the HMD Mobile account registered or activated by you that HMD Global uses to provide the Services to you and that records usage information relating to the Service;

“Add-On Services” means any one time additional service available for you to buy with a separate payment;

“Charges” means the charges applicable from time to time for the use of the Services. Up-to-date pricing is available at http://www.hmdglobal.com/hmdmobile;

“Customer Service” means the department of HMD Global that you can contact for enquiries about the Services. Customer Service may be contacted via chat service on our website or through online form available from our website during off-hours;

“HMD Global” or “We” means HMD Global Oy with its registered address at Bertel Jungin aukio 9, 02600 Espoo, Finland;

“Material” means information or content that you may be able to submit to the Service;

"Mobile Device" means a cellular telephone or other device used by you to receive or use the Services;

“Network” means the telecommunications networks used by HMD to provide the Service(s) to you;

“Plan” means a certain prepaid Service allowance for use in connection with a SIM Card, as specified on our website;

“Privacy Policy” means the policy that describes how HMD Global collects and uses personal data. The current Privacy Policy is available at https://www.nokia.com/phones/en_gb/privacyportal;

“Roaming Services” means mobile telephone services that you may use travelling outside the United Kingdom;

“Services” means the mobile telephone services that HMD provides to you, including voice calling, messaging, data services and voicemail;

“SIM Card” means a SIM card which is provided by HMD Global to be used for accessing the Service;

“Terms” means these HMD Mobile Service Terms together with Privacy Policy and all other additional terms and information that may be provided within the Service;

“You” or means any individual who registers or activates an Account with HMD Global.

2. Provision of Services

2.1 HMD Global provides the Services to you by using the Networks of one or more telecommunication operators. You will be entitled to the quality of Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care. Due to maintenance, modifications, upgrades, emergencies, Network traffic or other conditions or circumstances beyond our control, the Service may be temporarily unavailable. The Service is also subject to Network coverage and is not available in all parts of the United Kingdom.

2.2 HMD Global will use commercially reasonable efforts to keep any disruptions to the Services to a minimum, however HMD Global will not be liable to you for any loss, damage or any inconvenience incurred by you as a result of any disruption to the Services for the reasons described above. However, HMD Global does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.

2.3 HMD Global reserves the right to limit access to certain elements of the Service due to age restrictions or vary the content and/or technical specification of Service from time to time.

2.4 Roaming Services are subject to the roaming agreements and service quality levels that have been agreed between other national and international telecommunications operators. HMD Global does not have control over these agreements or service quality levels.

2.5 All of our Services are subject to our Fair Usage Policy and acceptable use policy as set out in clause 3 of these Terms. HMD Global reserves the right to suspend or terminate your access to our Services in the event that you breach our Fair Usage Policy or clause 3 of these Terms. You may only use our Roaming Services in the EU/EFTA countries for periodic travel, like holidays and short breaks and according to Fair Usage Policy.

2.6 You may use the Service to contact emergency services for free by calling 999 or 112.

3. Your use of the Service

3.1 By using the Service you agree to:

1) use the Service only for private, personal and non-commercial purposes;

2) not use the Service in a way that adversely impacts the Service to other users of the Network or the Network itself. Examples of such use include bulk sending unusually high volumes of SMS messages, sending SMS messages to an unusually large number of recipients or distribution groups or sending any automated or unsolicited SMS messages, making calls or sending SMS messages in relation to the administration of or to promote or market a business, group or organization or for any non-private or non-personal purpose.

3) comply with applicable laws, these Terms and good manners

4) not submit unlawful, fraudulent, offensive, inaccurate, misleading, abusive, pornographic, harassing, libellous or otherwise inappropriate Material

5) obtain any consents, permission or licenses that may be legally required for you to submit any Material

6) not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses. You may not use the Service in connection with bulk machine-to-machine applications or application-to-person, or to persistently send automated or unsolicited text messages, continuous streaming of content (for example to replace a fixed line or video service), SIM farms, call forwarding services, concurrent calling, paging services, onward calling services or to contact numbers that pay a revenue share;

7) not to use any automated systems or means to access, acquire, copy or monitor any part of the Service; and

8) accept responsibility for the consequences related to the Material that you post.

9) not to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003

10) not to use the Service other than in accordance with acceptable use policies of any connected Networks and any relevant Internet standards.

11) comply with any reasonable instructions that we may issue to you to enable you to remedy any breach of these Terms or fair usage policy and to continue to use the Service.

12) ensure that the information that you have provided to HMD Global is at all times accurate and up-to-date

3.2 Failure to comply with any of the obligations in this clause 3 will entitle HMD Global to suspend provisioning of the Service or disconnect the SIM Card from the Network. In addition, HMD Global reserves the right to impose Network protection controls, such as reducing the network speed, temporarily reducing throughput for a subset of customers who use a disproportionate amount of bandwidth or blocking access to the Network. HMD Mobile reserves the right to suspend, terminate, or restrict your data session, Plan, or Service if you use your Plan in a manner that interferes with our other customers' service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.

3.3 To use the Services, you will need to ensure that your Mobile Device is compatible and enabled.

3.4 If your SIM Card is lost or stolen, or if it is being used without your permission to access the Services, you shall immediately contact Customer Service using website or mobile App. You are responsible for all Charges associated with your Account until you inform Customer Service that your SIM Card has been lost or stolen. HMD Global does not offer refunds for stolen or lost SIM Cards.

4. Suspension of the Service

4.1 We may suspend any or all of our Service you use or terminate this agreement without a prior notice if: 1) we reasonably believe you have failed to comply with any of the provisions of these Terms, including but not limited to clause 3.1 or our Fair Usage Policy 2) you have provided us with false or misleading details about yourself

4.2 In case, the Service is suspended or terminated due to reasons provided in clause 4.1, you will not be refunded for any balance remaining in your Account.

5 Charges

5.1 Your use of the Service is subject to Charges as communicated on our website. The fees charged by HMD Global may include taxes (such as value added tax, goods and services tax, or sales tax) if applicable and in effect at the moment of the transaction under the relevant tax laws. You agree to pay HMD Global for the fees that are reflected in connection with relevant Service. We reserve the right to change and update the applicable Charges from time to time.

5.2 You can pay the Charges using Google Pay or debit or credit card that HMD Global accepts.

5.3 In the event that your payment information changes, you shall notify HMD Global of any such changes, including but not limited to the expiration date of your credit card. HMD Global may retain any payment information you provide to HMD Global and may charge any unpaid amounts to you.

5.4 You agree to pay the charges related to your order, to ensure that the instrument of payment is valid at the time of the order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits. If your payment information is not up to date, we may not be able to provide the Service to you.

5.5 HMD Global assumes no responsibility for the payment of bank or any other third party service fees or charges of your service providers.

6. SIM Card and Plans

6.1 The data allowance on each Plan is valid for 30 days, except if otherwise communicated by us. The start date of the 30 days period shall be the day on which your SIM Card is activated. The data amount included in your Plan will not roll over to your subsequent Plan and will be lost if not used within the validity period.

6.2 Plans may have different commitment periods. If your Plan has a commitment period of more than 30 days, you agree that you are not able to change or cancel your Plan within the commitment period, as communicated at the time of purchase.

6.2 The Service may offer auto-renewal subscriptions. By enabling auto-renewal for your Plan, you authorise HMD Global to place a periodical charge during the period of the subscription. This means that payment for each auto-renewing Plan will be taken two days in advance before a new Plan is activated on your Account. We will notify you that such payment has been taken by email. You can cancel your auto-renewal at any time, and you will be able to use the allowance on your then-current Plan until its expiry.

6.3 Your SIM Card will expire and be disconnected from the Service, if you haven’t purchased any Service for your SIM card for a continuous period of ninety (90) days. This also means that you will lose your mobile phone number and any remaining balance on your HMD Account at the time of such disconnection. As HMD Global recycles the phone numbers, we will not be able to reconnect you to the Service once the phone number is disconnected and recycled.

6.4 Add-on Services do not extend or otherwise affect the validity period of your Plan. Add-on Services have their own validity period which is communicated to you when offering such service.

6.5 The SIM Card remains at all times, the exclusive property of HMD Global. You may only use the SIM card provided to access our Services.

6.6 Plans include calls and texts for standard UK mobile numbers or standard UK landlines (starting 01 or 02 or 03) only. For example, making calls or sending texts to premium rate numbers are not included in any Plans.

6.7 If you do not activate your SIM Card within fourteen (14) days of receiving it, HMD Global will automatically activate the SIM Card and the validity period of your Plan starts running from that date.

6.8 You agree to that you are unable to cancel the Services or claim any refund in respect of a Plan once it has been activated on your Account.

7. Cancellation and refunds

7.1 You may cancel your acceptance of these Terms at any time within 14 days of placing your order for the Services (“Cooling Off Period”), provided that the SIM Card has not been activated and you cancel in accordance with the instructions provided to you.

7.2 To the maximum extent permitted by law, you agree that HMD Global may begin the provision of the Services immediately and you acknowledge and agree that you lose your right to such Cooling Off Period by requesting immediate performance of the Service.

7.3 Otherwise, no refunds are available for Services. If you encounter any of the above issues, please contact HMD Global Customer Service.

7.4 Please note that HMD Global Customer Service may not be able to process your customer support request if you are unable to provide your transaction ID or not able to prove your identity, which is provided to you by HMD Global following your Order from the Service.

8. Complaints

8.1 If you are unhappy with any part of the Service and want to make a complaint, please check our complaints code of practice available on our website, which provides you information on how to contact us and the way we work to solve customer complaints and the options available to you to take it further.

9. Feedback to HMD Global

By submitting any ideas, feedback and/or proposals ("Feedback") to HMD Global through the Service or other means, you acknowledge and agree that: (1) HMD Global may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) HMD Global is not under any obligation of confidentiality with respect to the Feedback; (4) HMD Global may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from HMD Global.

10. Personal Data

The Privacy Policy and any additional privacy information made available to you govern the use of your personal data. HMD Global may take action to prevent information security violations and to eliminate disturbances affecting information security. Such actions may include temporary interruption of the use of a Service or closing a subscription, or other necessary actions. HMD Global takes actions that are proportionate to the seriousness of the issue, and it will stop such actions as soon as such actions are not required.

11. Limitation of Liability

The Service is provided on an “as is” and “as available” basis. HMD Global does not warrant that the service will be uninterrupted, error or virus-free or meet your requirements. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or Content of the Service. You expressly acknowledge and agree that because some of the Services may be provided over mobile and internet Networks outside of HMD Global’s control, they are subject to outages, disruptions, and interception, and that HMD Global has no liability for any such outages, disruptions or interceptions. HMD Global cannot make any representations or guarantees with regard to availability, quality, operation or support for Services on Network or any third party networks. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources which HMD Global is not responsible for. In addition, under no circumstances will HMD Global be liable for damages arising out of or related in any way to your inability to access, or your difficulty in accessing the Service.

Except where prohibited by law, HMD Global will not be liable for damages that exceed the amount of HMD Global’s charges to you for your actual use of the Services during the prior one month period. To the maximum extent permitted by law, except for liability for death or personal injury caused by its gross negligence or intentional misconduct, in no case will HMD Global be liable for any indirect, incidental, punitive or consequential damages resulting from your use of or inability to use the Service.

12. Indemnification

You agree, at your cost and expense, to defend and indemnify HMD Global and its affiliates from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse; or (iv) your use of the Services and HMD Account.

13. Notices

HMD Global may post notices within the Service. HMD Global may also send you notices about products and services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from HMD Global sending or posting those. Your continued use of the Service constitutes your receipt of all notices regardless of delivery method.

14. Miscellaneous

14.1 Choice of Law These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.

14.2 Validity These Terms neither exclude nor limit any of your mandatory rights that cannot by law be waived. If a provision of these Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision bill be replaced with a valid provision that comes closest to the result and the purpose of these Terms.

14.3 Changes in Terms HMD Global may modify the Terms from time to time. We will notify you of any changes to these terms by posting them on our website. If the Terms are changed in a material, adverse way to your disadvantage, HMD Global will provide you a separate notice advising of the change 30 days in advance.

You are responsible for regularly reviewing the Terms. Your continued use of your HMD Account and/or the Service following any changes or modifications to these Terms constitutes your unconditional consent to any changes or modifications.

14.4 Assignment These Terms neither exclude nor limit any of your mandatory rights that cannot by law be waived. If a provision of these Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision bill be replaced with a valid provision that comes closest to the result and the purpose of these Terms.

14.5 Force Majeure HMD Global is not liable to you for any delay, failure to perform, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, war, national emergency, terrorism, acts or omissions of carriers or suppliers, systems failure, cyberattacks and acts of regulatory or governmental agencies.