Mogul Wave LLC
The parties to this Agreement are: Mogul Wave LLC, a company registered in the United States of America, whose registered office is at 575 Madison Avenue, Suite 1006, New York, NY 10022, and its affiliates ("Mogul Wave"), who supply the Products and Services to the Customer.
In this Agreement, "we", "us" and "our" shall refer to Mogul Wave.
You are the person who orders and uses the Products and/or Services for private and personal use from the activation of your Mogul-SIM™ Roaming SIM and the creation of an Account with us (the "Customer"). A Customer includes any person who we reasonably assume is acting with your authority. In this Agreement, "you" and "your" shall refer to you as our Customer.
1. These General Terms and Conditions and the Price List apply to all of the Products and Services offered by Mogul Wave whether for a specified fee or incorporated into other Charges. The current valid and binding version of the Agreement at any given time shall apply unless terminated under the terms of this Agreement and shall be published by us on the Internet at www.mogul-wave.com
2. This version of the Agreement takes effect from 1ST OF April 2015 and shall remain valid and active until amended or terminated in accordance with the relevant provisions of the Agreement.
4. By creating an Account and using our Pre-pay Mogul-SIM™ Roaming SIM to access the Services, you will be deemed to have accepted this Agreement and will be referred to as our Customer. Any Mogul-SIM™ Roaming SIM we provide to you is provided under license and remains our property. We may change your Mogul-SIM™ Roaming SIM or require you to return it at the end of this Agreement.
5. Only Mogul Wave Pre-pay vouchers may be used to add credit to your account.
The definitions and interpretations set out in this clause shall apply in this agreement:
“Account": means our records of any information which you have supplied to us. This includes your personal information; details of the amount of credit you have for our Services; and details of your use of the Services. An Account is created in the following ways:
- by activating the sim card onto the Mogul Wave Network
- by activating the sim card onto the Mogul Wave Network
- by registering your Mogul Wave sim card on our website
For avoidance of doubt, your account will also record details of all call charges incurred by you and credit added by you.
“Administration Fee" means any charge which we may levy under this Agreement, in special circumstances for the cost of additional and/or non-standard services to you;
“Agreement" means these General Terms and Conditions and, where applicable, Price List, Charges and the Content Terms and Conditions; for supply of our services to you.
“AIT" or "Artificially Inflated Traffic" means where the flow of calls or messages to or from a particular telecommunications number or service is a result of direct or indirect activity by or on behalf of the operator of said number or service which causes a disproportionate flow of calls than we would otherwise expect from normal commercial practice and your usage of the Network in good faith.
“Calls" means calls made locally or whilst roaming on networks with which we have a roaming agreement for mobile service to all destinations;
“Charges" means all sums payable to us for the purchase of Mogul Wave Products and Services which we make available to you, as described in the Price List, as updated from time to time. Copies of up to date price list is available from our website www.Mogul Wave.com.
“Certificate" means a card on which is printed the service information relating to your subscription.
“Credit Card" and/or " Debit Card" means 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;
“Credits" means the monetary amount we credit to your account either by you buying a "Top-up Voucher" and registering it with us as described on the voucher or in the User Guide, or by contacting us and crediting your account with a debit card/credit card as described in the User Guide. Alternatively, it also applies to the credit you create from your purchase of a "Prepaid" card from an authorized agent;
“Customer Service" means the staff and employees of Mogul Wave allocated and dedicated to respond and assist customers with any queries and complaints. We are contactable via telephone, email, or mail from 00:00:00 to 23:59:59 hours Monday to Sunday including holidays except Christmas day, New Year’s Eve and New Year’s Day.
“Day" means a period from 00:00:00 to 23:59:59
“Equipment" or "Handset" or "Mobile Phone" means either any mobile phone, or other equipment, and a SIM card (where the context requires), which is approved for connection to the network which is used by us to give you access to the global GSM services;
“ Mogul-SIM™ SIM card service," "GSM services" or "GPRS service" means the ability to make calls, or send, or receive, data over the network using Prepaid, or post pay, credit and includes any other GSM services which we provide as part of our service.
“GPRS" is the General Packet Radio Service for the transmission and receipt of data.
“GSM Gateway" means a device for wireless telephony designed for, or adapted to be capable of use while connected to the Network or that of another Network operator and used solely for the purpose of sending and or receiving messages transported by means of the Network or the cellular telecommunications system of another network operator.
“Holder" means the case in which the SIM card and associated documents were delivered to you.
“Intellectual Property" or "IP" means any intellectual property rights anywhere in the world whether registerable or not, including, without limitation, patents, trademarks, service marks, designs, copyrights and related rights, database rights, know-how, moral rights and domain names, as well as applications for registration of such rights and the right to apply for registrations, and all equivalent or similar forms of protection notwithstanding the manner in which they arise or in which media.
“International roaming" or "Roaming" means the service supplied to you by our reasonable efforts to enable you to obtain access to our roaming partner networks when you travel to other countries. This includes the ability to make or receive national and international voice calls, access data services and to send or receive SMS.
“Mobile Phone" or "Handset" means a mobile device capable of being connected to our Service via the Network for Services when used in combination with a Mogul-SIM™ Roaming SIM.
“Month" means a calendar month from the date of any event under this Agreement.
“MRC" means "Monthly Recurring Charge.”
“Network" means the cellular telecommunication system supporting our Services.
“PIN" means the Personal Identity Number. This number is used to provide extra security for Mogul-SIM™ Roaming SIM.
“Pre-Pay" means Mogul Wave’s range of consumer services available to you by adding credit to your Account and charged solely through usage.
“Premium Rate" means those Services offered by or via Mogul Wave’s network which are charged at rates in excess of the standard rate for voice calls or message services. Prices for Premium Rate voice and SMS services are as advertised by the content provider;
“Product" means Mogul-SIM™ Roaming SIM supplied to you by us. Please note any Mogul-SIM™ Roaming SIM is provided to you under license and it remains our property. We may change your SIM Card or require you to return it at the end of this Agreement.
“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 pre-pay services.
“Price Plan" means any applicable conditions relating to the prices and Charges for the provision of your Services.
“Register" and "Registration" means our acceptance of your application to register your personal details with us for the Service once you purchase call time from us.
“Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content.
“Services" means any of the telecommunication services available for use by you via your Mogul-SIM™ Roaming SIM card, once you have activated the Mogul-SIM™ Roaming SIM card, including airtime minutes, enabling you to make or receive domestic and international calls and to send and receive SMS, MMS and data by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet, as well as any other services we agree to provide to you including voicemail and International Roaming;
“ Mogul-SIM™ Roaming SIM card" means the card or other device provided to you bearing a unique mobile telephone number programmed to allow a Mobile Phone to access the Service.
“Top Up" means adding call credit to your Mogul Wave Account, through a Pre-Pay Voucher, Electronic Top Up Service, Credit card, Debit Card, or other means.
“User Guide(s)" means any guides or documentation supplied with your Mobile Phone/SIM Card either by us or by the manufacturer of your Mobile Phone that explain to you how the Service works, how to purchase call time and/or how to use your Mobile Phone.
“Using the Service" means the use of the Services via the Mogul-SIM™ Roaming SIM card after your Account is first activated.
“Voicemail Service" means voice message service and includes, where the context requires or admits, any service or facility comprised in such service.
“Voucher" means a call time voucher of a specific cash amount and having a given value as specified in the Mogul Wave Pre-Pay Price List when applied to Services on the Mogul Wave network.
“Mogul Wave's office" means the registered office address as provided on the Contact Us page of our website www.Mogul Wave.com
8. The headings in this Agreement do not affect its interpretation. A "person" can refer to an individual, a body corporate, association or partnership and includes a reference to that person’s legal personal representatives and/or successors to whom this Agreement is lawfully assigned. Unless the context otherwise requires, a clause is a reference to a clause of the Agreement. In the event of a conflict between any documents of the Agreement, the following descending order of precedence shall apply: the General Terms and Conditions/ Pay Monthly/Content Terms and Conditions; any order form or welcome letter; the Price List, the Price Plan, any other advertising materials.
Product and Services
9. This Agreement between you and us begins at the time that you activate and /or register your Mogul Wave Sim card on our website.
10. We provide the Services using a combination of Mogul Wave’s infrastructure and the Network of our partners in Singapore and abroad. You acknowledge that Services provided under the Agreement are subject to arrangements that are in the control of other networks and their operators, including the Network, that are outside of the control of Mogul Wave.
11. The use of your SIM card and associated mobile number and account whilst roaming is possible on Networks of operators with which we have a roaming agreement for GSM and/or GPRS services.
12. The following Calls you cannot normally make from your SIM card:
a. Operator assisted calls;
b. All Charge card calls;
c. Reverse charge calls;
d. Certain premium number calls;
e. Calls to emergency numbers;
13. The Mogul-SIM™ Roaming SIM service is a radio based GSM service and there are natural limitations to quality and coverage. Whilst every effort is made to minimize these limitations and to ensure that the GSM services are available to you at all times, we are not liable for any failure, delay, interruption, suspension, or restriction of the GSM services or for a call being cut off for any reason whatsoever. You will only be able to make and receive calls when you are in an area covered by the relevant network signal and that you have sufficient call credit available to make a call.
14. Your pre-payments for Top Ups are not repayable by us, nor is any interest payable on any credit you may have with us. Every time a chargeable Service is used by you, the value you have added to the Account via Top Ups is reduced with reference to the relevant Charges and Price Lists. Please note that uses of Internet or electronic Top Ups are not guaranteed as secure by us so be careful when using it. For the avoidance of doubt any physical Voucher shall expire by the date stated on the Voucher.
15. Mogul Wave neither represents nor warrants that the Products themselves nor the operation of the Services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet your specific requirements, even if those requirements have been notified to Mogul Wave in advance.
16. The quality and availability of the Services or Products are subject to certain limitations and circumstances beyond our reasonable control including, but not limited to, physical, geographic and atmospheric conditions and the functional capability of services and products as supplied to Mogul Wave.
17. The availability and maintenance of the Network varies depending on location. The quality and coverage of the Services depends in whole or in part on your Mobile Phone, the Products, the Network, and the other telecommunications networks or Services to which you are connected to via the Network. The Services might be adversely affected if too many people try to use the Network at the same time; by physical features (such as buildings etc.); and by atmospheric conditions or other causes of interference. In particular, Mogul Wave does not warrant that calls will not be dropped; GPRS connections will not be lost; that the transmission of data calls will occur at any particular speed or time; that all traffic (including certain bandwidth capacities) can or will be transmitted by the Network; or that there will be absolute protection of its Network against unauthorized access or interception.
18. Subject to this Agreement, Mogul Wave shall exercise such reasonable skill and care in the provision of the Products and/or Services as may be expected of a reasonable mobile communications provider, and Mogul Wave further warrants that the Products will be of satisfactory quality, will conform in all material respects with their description and will be free from material defects in design, materials and workmanship.
19. We may modify or suspend the Services, wholly or partially, without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorized authority. All reasonable efforts shall be made to minimise such Service disruptions, however, some interruption may be inevitable. We will notify you if and as soon as it is practicable to do so.
20. We may, from time to time and without notice, change the Services and Products in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services and Products or the Charges.
21. For our International Roaming services, the roaming partner networks on which we rely to support the service while you are abroad may be limited in quality and coverage which we have no direct control over. Access to these partner networks will depend upon the arrangements and or agreements between the Network and the foreign operators. We therefore cannot guarantee 100% access to International Roaming or other Services while abroad. The use of services outside your home country may be subject to laws and regulations of the country you are roaming in. Mogul Wave is not liable for your failure to comply with those laws and regulations. You may also be charged for receiving calls on weekends and where you are roaming outside the free incoming zones. Data charges are likely to be higher, and you are advised to consider temporarily turning off any functionality that may be using data services while roaming. Mogul Wave will not be responsible for any data charges incurred whilst roaming for failure to turn off any functionality that may be using data services that is not required for use by you.
22. Without prejudice to any other provisions of the Agreement, we reserve the right to:
i. issue such reasonable instructions concerning the use of the Services as may be necessary in the interests of safety, quality of Services, other customers or telecommunications services as a whole, or for any other reason we deem sufficient; and/or
ii. block certain numbers from the Services, International Roaming; and/or disconnect the Services and Products on a temporary or permanent basis where there are reasonable grounds to suspect fraudulent, AIT or GSM Gateway activity, or where we would suffer direct loss as a result of any use of the Services.
23. Use of Products and 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 of the usage being in excess of 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.
24. Certain types of calls are not offered as part of the Services. Please refer to our website www.mogul-wave.com for details. Special rate services are not available unless requested through Customer Services.
25. We reserve the right where deemed necessary by us to alter the mobile telephone number designated to your Mogul-SIM™ Roaming SIM, or any other name, code or number associated with the Services, subject to reasonable notice to you in the circumstances.
26. All incoming voice calls which are not answered or which are received when the Product or Services are busy, switched off or out of coverage will be automatically diverted to the voicemail Services where you have activated them. This functionality cannot be altered. In the interest of other users, we limit the number and duration of the messages that can be left on your voicemail service. Please note that the confidentiality of messages cannot be guaranteed and you should take reasonable steps to secure or delete your messages. You must not record any abusive, obscene or hoax messages likely to cause offence to other people, including any Mogul Wave employees, nor may you allow others to do so.
27. We display or disclose the Customer’s telephone number where we are obliged to do so by law.
28. The maximum consecutive call duration available on the Service at any one time is normally 60 minutes, after which the call will disconnect and then you will need to redial to continue your conversation.
29. For SMS services, a standard text message is 160 characters long. Some Handsets permit you to send a SMS that is longer than the standard size. Where this is the case, the message will be divided up by us into the required number of texts required to convey your full SMS message. Each one of these SMS will be charged at the standard rate. Premium Rate Services, SMS sent and received whilst roaming, reverse charged SMS, text messages sent to a non-local based phone, and/or long text messages, are not included in the standard rates and therefore additional Charges may apply. The cost for sending a text message is deducted from your Account shortly after it is sent. Delivery of any given SMS cannot always be guaranteed.
30. Charges for our services are calculated and billable in US Dollars. Alternative currencies may be offered in the future.
31. If the Mogul-SIM™ Roaming SIM card is damaged (through no fault of Mogul Wave), you will be required to pay for any replacement, exchange or repair of such Mogul-SIM™ Roaming SIM Card. If you require a replacement SIM Card, you may log in online and submit an enquiry form to our Customer Service Team. Alternatively, you may write to the Mogul Wave office - quoting your name, address, contact telephone number, mobile number, PUK code (as printed on your SIM Card Holder & Certificate), day of activation of Mogul-SIM™ Roaming SIM card service and/or proof of purchase, and any other relevant information that may be required by Mogul Wave. A card replacement will cost and postage and any sales tax or VAT will be charged and must be paid for in advance.
32. To prevent unauthorized use of your mobile phone, your Mogul-SIM™ Roaming SIM card will become blocked if an incorrect PIN code is entered 3 times. If the Mogul-SIM™ Roaming SIM card is blocked, you will be unable to use your phone in any way. In order to unblock the SIM card in the phone, you must enter your PUK code (Personal Unblocking Key). This PUK code is printed on your Mogul Wave SIM Card Holder & Certificate. 33. In the event you have blocked your phone and you have lost your SIM Card Certificate, you must notify us. You may log in online and submit an enquiry form to our Customer Service Team. Alternatively, you may write to the Mogul Wave office - quoting your name, address, contact telephone number, global SIM card mobile telephone number, place and date of purchase of the SIM pack, date of activation of GSM service and date of last Top-up (and any other relevant information that may be required).
34. For our Pre-Pay Service, you shall pay for such Services by purchasing Top ups as described in the User Guide(s) or by any other method approved by us from time to time.
35. You shall give Mogul Wave your correct and current personal details, including your name and current address. You shall also notify Mogul Wave of any changes to your personal details without delay via our website, our Customer Services number, or by post.
36. You shall treat as confidential, and store in a safe place, all of your security information including your PIN or PUK codes and any other codes and passwords used to access the Services or to communicate with us. You shall not give access to your security information to anyone else. Mogul Wave shall not be liable for any loss arising from your failure to keep such information secure.
37. You also agree that where your Mogul-SIM™ Roaming SIM card is lost, stolen, damaged or destroyed, or used without your authority, we shall have no obligation to make a refund to you of the credits left on your Account until we have been notified of such circumstances. You shall co-operate with Mogul Wave in our reasonable security and other checks to protect you, your information, other customers, us, our network and Services. Please be advised that the mobile phone numbers we provide are not normally transferrable to another of our SIM cards. Therefore if you have either lost, damaged, or destroyed your SIM or if your SIM was stolen, the number will normally be lost.
38. You are responsible for the acts and omissions of any and all persons using the Services and Products through your Mogul Wave SIM Card. Without prejudice to any provision of the Agreement, you as our Customer agree that you:
i. are wholly responsible for the content of the use of the Service, and we are not responsible or liable for any call content, message or other communication sent or received by you or any other person using your Account or Mogul-SIM™ Roaming SIM card (including content which contains a virus or other harmful or unlawful material);
ii. will not reverse the charges on any telephone call or accept a reverse charged call. This applies even where you loan/give your Mobile Phone with the Mogul-SIM™ Roaming SIM card to someone else;
iii. have no representation or warranty from us as to the quality, accuracy, correctness, completeness or suitability of any call content;
iv. will not attempt to, actually gain, permit or actively or inactively allow any third party to attempt to gain unauthorized access to the Services and/or Network;
v. rely on, or use, any and all content at your sole risk;
vi. will not use or permit the use of the Services or the Products for any improper, indecent, immoral, obscene, unlawful, harassing, harmful, unauthorized, defamatory, offensive and/or fraudulent purpose, or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person;
vii. will not use or permit any use of the Services or Products, so as to cause the operation of the Network or the quality of Services to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system, nor to misuse and/or abuse the Services and/or the Network;
viii. will comply with the Agreement and any User Guide(s) governing your use of the Products and/or Services, and will remain solely responsible for the manner in which these are used;
ix. will comply with the terms of any legislation or any license applicable to you as the Customer or us, including all relevant codes of practice as may be issued from time to time by the Government, a regulator or other competent authority;
x. will not incite, encourage or induce members of the public to make calls to a particular number simultaneously.
39. You will not exploit the Services commercially or to the detriment of Mogul Wave or its affiliates. For the avoidance of any doubt this includes use of the Products and/or Services for the purposes of fraud, AIT or the operation of a GSM Gateway.
40. You will co-operate with all reasonable requests made by us relating to the provision of the Services to you.
41. Number Portability/Transfer of a Mogul Wave number to another network provider Mogul Wave offers a specialised international roaming service that works on a call back system using special numbers. These numbers are not part of the mobile number portability scheme. Due to this reason, mobile numbers cannot be ported to or from Mogul Wave from another network provider and we are unable to provide you with a PAC code.
42. The current and binding Charges including Price Lists and Price Plans for Products and Services are published on our website at www.Mogul Wave.com. Charges may be amended by Mogul Wave from time to time without any notice.
43. Call Services and the related Charges are quoted and charged by the minute. Therefore the minimum call charge shall be for one minute at prevailing rates.
44. If you continue to use the Services after an amendment to the Charges comes into effect, this shall be deemed to be your acceptance of the new Charges.
THIS SECTION CONTAINS KEY INFORMATION - PLEASE READ THIS VERY CAREFULLY
Customer Care is very important to us which is why we would like to ensure that as a valued customer of Mogul Wave you are made fully aware of how to get the very best from your Mogul Wave Products and Services. It is highly important that you register your Mogul-SIM™ Roaming SIM with us online at https://www.mogul-wave.com/customer/login.aspx as Mogul Wave can only provide you with Customer Service and Technical support if your sim is registered.
Once your Mogul-SIM™ Roaming SIM is registered, by visiting ‘My Account’ online, you will be able to access your account and billing information, top up online or set up an auto top up so that you never run out of credit whilst travelling. Please be advised that if your balance falls below US$1.00 then your Mogul-SIM™ Roaming SIM is likely to stop working until you top up/recharge your Mogul-SIM™ Roaming SIM. You will gain access to the support tab, and most importantly to the My Account website section which contains all the information that you need to know to enable you to operate your Mogul-SIM™ Roaming SIM effectively; such as how to apply the right settings to make or receive calls, send or receive SMS, and how to enable or disable data. You can contact Customer Service directly from My Account.
The Mogul-SIM™ Roaming SIM card does not operate in the traditional way where you simply insert the SIM card and begin dialling. To enable SIM services and to benefit from our lowest rates, you will need to select the correct ‘Profile’ and also select a Roaming Partner Network (RPN) and ‘Recommended’ RPN where available for the country that you intend to roam in. If you know that you will not have access to the internet whilst travelling, we recommend that you keep a note of the correct Profile and RPN information with you for all of the countries that you intend to roam in before you begin your journey. Further details can be found online, please visit our Roaming Partner Network (RPN) page online at https://www.mogul-wave.com/support/roamingpartners.aspx.
SIM settings vary from handset to handset i.e. standard handsets, iPhone, and Android handsets have different Profile Selection methods. The same applies when it comes to setting up data. The My Account section will provide you with the correct guidance to correctly enable all services. Receiving incoming calls is normally chargeable. Our website has a Tariffs and Coverage section that provides information on incoming call charges, outgoing call charges, SMS, and data charges. Applying the correct settings will help to alleviate any potential billing issues and at the same will allow you to benefit from our lowest rates.
Mogul Wave recommends that you use a Recommended RPN (where available). If the country that you intend to roam in does not have a Recommended RPN, then Mogul Wave recommends that you select one of the available RPNs as listed in our RPN webpage only. This will ensure that you continue to benefit from our lowest rates for the country that you intend to roam in.
On the odd occasion, if your Handset is unable to connect to a specific RPN and you urgently need service by any means, you may voluntarily choose to select another Profile or Non-Recommended RPN or a non-RPN, however we do not advise you to do this. Rather, caution is advised as this can be expensive and Mogul Wave is not responsible if you voluntarily choose to do this. You will benefit from our lowest rates only if you select the correct Profile, and Recommended RPN or RPN as displayed on our RPN web page.
To make huge savings, before you travel, and for the countries that you intend to roam in, always remember to log into ‘My Account’ https://www.mogul-wave.com/customer/login.aspx and visit My Account to find out how to:
- Select the correct profile
- Select the correct roaming partner network (and recommended network where available)
- Set up Data so you can go global but stay local! Keep in touch with friends and family via social media, surf the net, check your emails, and much more.
- Set up Auto Top up so that you are never left without credit especially during an emergency.
From time to time it is necessary for us to update the information contained in our Roaming Partner Network (RPN) list to ensure that you continue to benefit from our very lowest rates. Prior to travelling, always check https://www.mogul-wave.com/support/roamingpartners.aspx to obtain the latest Profile and RPN guidance.
46. Where your Mogul-SIM™ Roaming SIM contains an initial credit and/or promotional credit, this will only be credited to your Account in accordance with the terms and conditions applicable to that offer.
47. In the event that you owe us any money and this is not paid when due, or a credit is made in error to your account, we reserve the right to recover this from any credit balance on your Account as held by us, or via subsequent credit added to it. We may charge you a late payment fee on the unpaid amount at the rate of 1 1/2 % per month of the unpaid balance.
48. All Pre-Pay prices are inclusive of VAT where applicable unless otherwise stated. No separate VAT invoices or receipts shall be issued by us.
Intellectual Property Rights
49. Any and all names, trademarks, copyright, brands and logos of Mogul Wave belong or are licensed to us as Intellectual Property ("IP") and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy, reproduce or amend any of the Mogul Wave’s names, trademark, pictures, brands and logos, without prior written consent of Mogul Wave or copy any of Mogul Wave’s manuals or documentation.
50. Mogul Wave permits you as a Customer a revocable, non-transferable and non-exclusive right to use the IP related to the Products and Services provided by Mogul Wave strictly for the proper use of the Services or Products, in accordance with, and for the duration of, the Agreement. Mogul Wave retains all the rights to all such IP. If you infringe the IP rights of Mogul Wave which cause financial, reputational or any other damage or harm or results in the company being is held liable for infringement of any third parties IP, you shall hold harmless and indemnify Mogul Wave in full against any such claims.
Exclusions, Liabilities and Remedy
51. 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. You also recognize that the Service may, from time to time, be adversely affected by events outside our control, including, without limitation, congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection.
52. We are not liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to any losses in relation to:
i. the deletion, with or without notice or cause, of any of your data or information stored on the Products and/or Services;
ii. your use of, reliance upon or inability to use, our Products, Services and/or Content;
iii. any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or failure, suspension or withdrawal of all or part of the Products and/or Services at any time; or
iv. the removal from the Products and/or Services of any material sent or posted by you on or via the Services and/or the blocking or suspension of your access to the Services or any part thereof in accordance with the Agreement.
53. Mogul Wave’s liability to you under this agreement shall in no circumstances exceed US$50.
54. Nothing in these terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these terms affects the statutory rights of you as a consumer (if applicable).
55. If you are not fully satisfied with any part of the Services, Products and/or this Agreement after it is amended, your sole and exclusive remedy is to discontinue Using the Services, or where you have paid us for any element of the Services and/or Products, to seek a pro-rata refund as outlined in the Agreement for the cost of that element which has caused dissatisfaction. You are not entitled to a refund where we have suspended or terminated your access to the Services or Products as a result of breach of the Agreement by you.
Term and Termination
56. If you do not use the Mogul-SIM™ Roaming SIM card to make at least one chargeable call within a period of 3 months this agreement may terminate automatically and shall be deemed to be terminated by you.
57. For Pre-Pay Services, you are entitled to terminate this Agreement at any time by informing Mogul Wave’s Customer Services in writing.
58. In the event of termination of the agreement between you and us, your right to use any Mogul Wave Sim card and any number associated with it also terminates. For avoidance of doubt the Mogul-SIM™ Roaming SIM and the related Mogul Wave number always remains the property of Mogul Wave.
59. Mogul Wave shall be entitled to terminate this agreement immediately if:
i. You use the SIM Card for illegal, immoral, fraudulent or improper use; or
ii. any of the information You have provided to us is found to be false.
60. We shall be entitled to terminate the Services by giving You not less than 14 days' notice, for reasons including but not limited to any breach of your obligations under this agreement (which if capable of remedy are not remedied within 7 days of Mogul Wave informing you of the breach); or by us being unable to provide the Services.
61. If we terminate this Agreement, no payment will be made in respect of any unused call credit available on the date of termination.
62. On termination, we shall disconnect your Mogul Wave card. We reserve the right to refuse any request for information where we are unable to verify that the caller is the subscriber of the account.
63. We reserve the right to change any and all terms and conditions of the Agreement at any time without notice if such changes are in favour of you as a Customer. Where changes are not in favour of you as a Customer (This does not apply to tariff changes or price plan changes) we will provide 30 day notice on our website www.mogul-wave.com. You may wish to terminate the agreement prior to commencement of the changes, however your continued use of our service after the changes are in force will be deemed that you have accepted the changes. The current terms and conditions are always available on our website www.mogul-wave.com.
64. Furthermore, we also reserve the right to make incidental changes to this Agreement where required to do so to comply with legal, regulatory or tax changes, for circumstances otherwise outside of Mogul Wave’s control, or for minor changes incidental to the operation of the Agreement. Such changes can be made by us immediately and without any notice other than by publication on our website.
65. Mogul Wave undertakes to comply with all applicable laws in performing and delivering the Products and Services but shall be held harmless for unintentional violation of any governmental procurement regulation to which we or you may be subject. This Agreement shall be governed exclusively and construed in accordance with the “UNIDROIT” Principles of International Commercial Contracts of 2010, except where the laws of another jurisdiction are specifically provided for in another part of this Agreement. Any dispute not amicably resolved by the Parties arising out of, or in relation to, this Agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with the following rules:
i. The number of arbitrators shall be one and shall be selected by the Chamber of Commerce and Industry of Ticino;
ii. The seat of the arbitration shall be Lugano, Switzerland;
iii. The arbitral proceedings shall be conducted in English.
66. We are entitled to transfer this Agreement to another Group Company, Joint Venture Partner or any other person capable of providing equivalent Services to you at any time without notice to you.
67. You may not transfer the rights and obligations arising out of this agreement to any third parties without our prior written consent. In case of Pre-pay Services the third party to whom you transfer the rights and obligations under this agreement will need to be registered on our website and will be deemed to have accepted our terms and conditions in force at the time of assignment and any subsequent changes.
Third Party Rights
68. No term of this Agreement is enforceable by any third party who is not a party to this Agreement. Returns and Replacements
69. Y you may cancel the Agreement and return your Mogul-SIM™ Roaming SIM card, in its unopened packaging, within 14 days of receipt. Please see clause 70 for further details
70. Where you are returning a product within 14 days on the basis of it malfunctioning or having a defect, Mogul Wave reserves the right to reject returns if any content is missing, the product is damaged, marked or is considered to be in poor condition. Mogul Wave accepts no responsibility for customer details, contacts or content remaining on the product.
71. You may cancel this Agreement within 14 days of receipt of your Products. You must return your unused Mogul-SIM™ Roaming Pre-Pay SIM card within 14 days. Please note the Mogul-SIM™ Roaming SIM card must still be attached to the original SIM Card holder. If we do not receive the Products by the required date, if they have been used, broken or if the Products returned are incomplete, then we reserve the right not to offer a refund.
72. You are responsible for both the Mogul-SIM™ Roaming SIM card and any other Products until they are received by us and subject to satisfactory inspection by us.
73. Any and all returns of Mogul Wave Products should be addressed and sent at your own expense to us. Please contact Customer Service 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.
74. Refunds (where applicable) will be credited to the Credit Card or UK Debit Card used for the original purchase after receipt of the returned Products.
75. Where applicable, refunds for any Products are made by cheque to you or credited to the Debit or Credit Card originally used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow up to 30 days for the processing of any such refund.
76. This policy operates in addition to any other statutory rights you may have as a consumer.
77. No failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege unless it is agreed in writing and signed by both parties.
78. Should any provision or provisions of the Agreement be found to be or become invalid, illegal or unenforceable this shall not affect or impair the validity, legality or enforceability of any other provision of the Agreement provided that this does not materially prejudice Mogul Wave’s respective rights and obligations under the Agreement and such provision(s) should be construed in a manner that renders it valid, legal and enforceable that is consistent with both the function of such original provision(s) and applicable law or regulation.