Customer Services, Terms & Conditions

Terms & Conditions for the use of Megamobile Mobile chip and TOP-UP Vouchers

General Terms and Conditions:

These general terms and conditions state all the rights and obligations of Damaflas Costa del Sol S>L and its customers in connection with the provision of the Megamobile Services.

1. Definitions

1.1 Acceptable Use Policy: the policy notified to Customer by Damaflas Costa del Sol S.L.(whether that policy is required by Damaflas or any underlying Network operator enabling

the Services) governing the acceptable use of the Services, which policy may be amended from time to time and which is available at www.megamobilegroupww.megamobilegroup.com

1.2 Agreement: the agreement by Damaflas to provide the Services to the Customer which is entered into when the Customer purchases and registers with Damaflas

These general terms and conditions are an integral part of that Agreement.

1.3 Customer: a natural person who, or a legal entity that enters into an Agreement with Damaflas.

1.4 Megamobile Customer Service: the customer services department, which the Customer may contact for all questions regarding the Megamobile Service can be reached by calling 952 922 360

1.5 Damaflas Costa del Sol S.L.: with registered office at Camino de las Canadas. Edif Martin Buendia, 29640 Fuengirola, Malaga. C.I.F B93038685

1.6 Megamobile Service(s) or Service(s): the service through which the Customer uses the Network for direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.

1.7 Megamobile chip : a prepaid, activated CHIP containing a Megamobile mobile microprocessor enabling access to the Services.

1.8 Megamobile Top-up Voucher: a voucher (whether in physical or electronic form) containing an 10 digit code enabling the Customer to redeem the face value of such voucher for use of the Services.

1.9 Network: the network for wireless telecommunication.

1.10 Products: Megamobile Chip and Megamobile Top-up Vouchers or any other product offered by Flashdy.

1.11 Roaming Services: these are mobile telephony services enabling the continued access to the Services by a Customer when travelling outside Spain are which are provided over telecommunications systems of foreign Networks outside of the United Kingdom and over which Megamobile has no control.

2 Services and Obligations

2.1 Damaflas is obliged only to supply the means necessary to provide the proper operations of the Megamobile Service. In this regard Damaflas will provide the technical means necessary to access to this Service under optimal conditions. The customer may turn off the Damaflas Service on his mobile phone at any time, therefore, using the underlying provider to make international calls.

2.2 Mobile telephony is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such, it can be interfered with by numerous external sources or by obstacles inherent in buildings, vegetation or terrain and as such Damaflas cannot guarantee a perfect error free transmission (in terms of actual availability or quality of Service) in all locations at all times.

2.3 The quality of the Megamobile Service also depends on the quality of the mobile telephone handset used by the Customer as well as the underlying Mobile service provider. Megamobile has no control or influence over the mobile telephone handset quality or of the quality of service by the underlying Mobile service provider.

2.4 The Services are provided on an "as is" basis and Damaflas provides no warranty in relation to the Services and in particular does not warrant that the Services are of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or error free.

2.5 Occasionally the Network and the Services may become unavailable due to requirements for upgrading, modification, maintenance or other necessary works relating to the Network or Services. At these times the Services may be temporarily unavailable and Damaflas shall endeavour to keep any period of non-availability to a minimum. Damaflas shall have no liability for any such periods of unavailability.

2.6 Associated with the Megamobile is your unique Password Code and User Name. Instructions relating to their use may change to reflect new technology and will be explained in the “Starter Pack”. Customers shall take every necessary precaution to preserve the secrecy of their Password Code and User Name. Customers are liable for any malicious or improper use resulting from intentional, fortuitous or accidental communications of these codes or transferring his/her Card.

2.7 The Customer acknowledges that whilst every effort is made to secure an uninterrupted error free service, Damaflas will not be held liable for any loss or inconvenience caused to the Customer by any actions of a distributor including fraud and deception and/or non-payment. In such cases, the Customer should contact the distributor and/or retailer from whom they purchased the CHIP and/or Top-up Voucher and request a refund.

2.8 Premium rated SMS and Premium rated calls are expressly excluded from the SERVICES.

2.9 Calling rates using the Services are displayed on marketing posters, amended from time to time and/or on the website www.megamobilegroup.com

2.10 Damaflas reserves the right to monitor and record communications using the Services. This may be done to improve the Services, to ensure compliance with Megamobile policies, governmental, regulatory or enforcement agency requests, and to detect prevent criminal activity.

2.11 As a matter of policy Damaflas will not intentionally disconnect any calls provided that there is credit available for the calls, however it may be possible that calls could get disconnected due to matters beyond Damaflas control, e.g. force majeure, carrier fault, technology fault or human error.

2.12 Customers are hereby informed of the inherent risk in the use of the mobile telephone while driving a motorised vehicle. Megamobile cannot be held liable for damage resulting from an accident caused by the use of the mobile telephone while a motorised vehicle is being driven.

2.13 Customers are hereby informed of possible interference that a mobile telephone may cause in certain sensitive types of equipment such as medical appliances, aircraft etc.

It is therefore essential that the instructions given by the persons with responsibility for such equipment be strictly complied with. Damaflas cannot be held liable for any damage resulting from a failure to comply with such instructions.

3 The Megamobile chip

3.1 Please follow the instructions and diagrams as set out in the Starter Pack provided when you purchased the Megamobile chip. The Megamobile chip is used by removing your existing SIM card and attaching the Megamobile chip provided in the Starter Pack. Line up the Megamobile chip onto your existing SIM using the template and press into place. After this you simply replace the chip and the SIM back into your mobile phone handset. Prior to making any international calls, you must activate the Megamobile chip by calling 976 361 152 and entering a Password Code (found by scratching a place on the card provided in the Starter Pack) and User Name (you provide this).

3.2 The Megamobile chip remains the exclusive property of Damaflas. Customer must keep the Megamobile chip safe and not misuse the Megamobile chip in any way. Damaflas will only replace a Megamobile chip where it is found to be defective by reason of faulty workmanship or design. Damaflas may in its sole discretion charge for replacing a Megamobile chip where Damaflas reasonably believes that the Customer has been responsible or has contributed in any way for the misuse, damage or loss of the original Megamobile chip. Furthermore, Damaflas reserves the right to recall Megamobile chip at any time. It is Customer’s responsibility to inform Damaflas of any damage to the Megamobile chip purchased by Customer.

3.3 If the Megamobile chip is not used to make international calls for three (12) months (the “validity period”), the SIM Card will be frozen preventing any further use by the Customer.

3.4 The Customer will then have one (1) month to top up their Megamobile chip. If the Customer tops up within 1 month and uses the Service the old credit previously frozen under clause 3.3 will be reinstated and the Customer will be able to make and receive calls as normal.

3.5 If the Customer does not top-up within one (1) month from the “validity period” the customer will lose:

a) all unused credit;
b) his/her Megamobile will be blocked permanently from any further use by Customer.

4 Top-up Voucher

4.1 Customers pay for the use of the Services by topping-up their Megamobile chip account. Customers do this by loading credit onto the Chip account by purchasing Megamobile Top-up Vouchers from retail stores, or using the Megamobile web site or calling 902883676.

4.2 Customers can top-up their Megamobile chip using a Megamobile Top-up Voucher at any time after registration including during any validity period.

4.3 If the top-up takes place before the end of a validity period or within one (1) month following the validity period, the credit unused at the time of the top-up will be added to the credit contained on the Speakeasy Mobile Top-up Voucher.

4.4 Each time the Customer top ups his/her Megamobile during the validity period, the validity period shall be extended for a further three (12) months under the above conditions.

4.5 Where the Customer has used a Megamobile Top-up Voucher to top-up his/her credit for the use of a SIM Card, that credit can only be used for use with the Services and Customer shall not be entitled to receive any cash refund for any outstanding credit remaining on the Customer’s account at any time, including where the Customer fails to use the Services during a validity period and the Agreement is terminated.

4.6 Customer’s pre-payments via Megamobile Top-up Vouchers are not repayable by Megamobile nor is interest payable on any credit on a Customer account. Each time the Services are used by Customer (or someone else using a Customer’s mobile telephone handset) the top-ups purchased will be reduced according to the tariff charges relating to that particular communication.

4.7 Damaflas reserves the right to offer the Megamobile Top-up Voucher as a multi function credit voucher that can be redeemed for multiple services (if any).

5. Modification

Where required by operating conditions or the organisation of the Service, Damaflas may modify the technical characteristics of its Services. Customers will not be entitled to compensation for any replacement or modification of mobile telephone handsets made necessary by a change in the Network affecting the Services.

6. Disconnection

Damaflas may disconnect the Customer fully or partially from the Service, without notice of default being required, if the Customer fails to comply with his/her obligations under the Agreement or fails to observe the requirements that can be set for reasonable use, including any Acceptable Use Policy, or where Damaflas is unable to provide the Services due to reasons beyond its control.

Disconnections shall take place without the Customer being entitled to any compensation. The disconnection will be lifted when Damaflas determines that the Customer has fulfilled his/her obligations. The Customer shall meet the disconnection costs and those for reconnection. Disconnection of the Service does not release the Customer from any of his/her obligations under the Agreement.

7 Customer Responsibilities

7.1 Customer shall not use the Services for the following activities:

a) any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature;

b) causing, nor knowingly allow others to cause, any nuisance annoyance or inconvenience whether to Damaflas or to any of Megamobile Mobile’s Customers or other persons, which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;

c) for the purpose of causing harm, damage or impairing the operation of the Network over which the Services are provided; and

d) the storing or dissemination of information which does not belong to the Customer and which can be held to infringe the rights of a third party including another person’s copyright or other intellectual property rights (unless with the prior consent of such third party).

7.2 Upon purchasing a Megamobile chip the Customer may be required to register with Megamobile chip and this may include the Customer providing his/her personal information including their name, address, date of birth, etc. The Customer acknowledges that providing false information is a fraudulent act and if Speakeasy Mobile determines such personal information to be false, Damaflas shall be entitled to terminate this Agreement without any liability to the Customer.

7.3 It is the Customers responsibility to notify Damaflas of any changes to their personal details and for keeping their details retained by Damaflas up to date.

9 Liability of Megamobile chip

9.1 Damaflas has no liability whatsoever as concerns the Megamobile chip, Megamobile Top-up Voucher or the provision of the Services. For the avoidance of doubt Damaflas shall not be liable to the customer for any actions, claims, demands, costs, expenses, damages, losses or liabilities of any kind incurred by the Customer as a result of purchasing and using the Megamobile chip, Megamobile Top-up Voucher or the provision of the Services.

9.2 Damaflas shall not be liable for any damage or losses resulting from the content of calls sent or received by Customer.

9.3 Damaflas may not be held liable for any damage or loss resulting from intervention by a third party, including any governmental, regulatory or administrative body.

9.4 Under no circumstances shall Damaflas be held liable for indirect or intangible damage or losses of any kind whatsoever including but not limited to ,additional costs, loss of income on profits, loss of customers or custom, loss or damage of data and loss of contracts.

9.5 Damaflas shall have no liability or responsibility in the event of loss, theft, fraudulent or wrongful use of the Megamobile chip or Top Up Vouchers by Damaflas Customers. Moreover, Damaflas shall not be liable to reimburse credit used by Damaflas Customers or any other person where a Customer is not in control of the Megamobile chip and has failed to notify Damaflas that he/she has lost his/her control over the Megamobile chip, and shall furthermore not be held responsible for any consequences resulting from use of services linked to a Megamobile chip.

9.6 If the Customer suffers damage due to malfunctioning of the Network or due to shortcomings in the execution of the Service, Damaflas may only be liable in the event of direct damage suffered and caused by:

a) death or personal injury; or
b) gross negligence.

9.7 Damaflas liability to a Customer in such circumstance shall be limited to total maximum aggregate amount of one thousand Euros (1,000) per claim or series of related claims.

9.8 Where a Customer suffers any damage or loss the Customer shall notify Damaflas in writing of the damage as soon as possible and in any event within four (4) weeks after the discovery that damage has occurred. Damage that not has been reported to Damaflas within this period shall not be compensated. This period shall not apply to a Customer (a natural person not acting in the capacity of a professional or enterprise) if the Customer makes a reasonable case for the fact that he or she could not have been reasonably expected to notify Damaflas within this period.

9.9 Damaflas will not be liable to perform any obligations or provide the Services because of any event of force majeure, i.e. any factor outside its control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.

10. Liability of the Customer

Customers shall be liable for damage of any kind caused to Damaflas or to third parties by their use or misuse of Megamobile chip or Megamobile Top-Up Voucher by any persons whomsoever or on any mobile telephone handset whatsoever, even in the event of loss or theft and Customers shall compensate Damaflas for any actions, claims, demands costs, charges, expenses, losses, liabilities or damages they cause, including minor faults.

In the event of loss or theft of the Megamobile chip, it is the responsibility of the Customer to notify Damaflas as soon as possible about this loss or theft and to prevent any use by another person of the Damaflas. The Customer shall be solely responsible for the Damaflas chip and may not claim any reimbursement from Damaflas for loss or theft of the Megamobile chip. The Customer is responsible for complying in full with all of the terms and conditions of it SIM card provider.

11. Changes

Damaflas reserves the right to change these terms and conditions at any time without prior notice. Furthermore Damaflas confirms it has endeavored to ensure the accuracy of the information contained herein, on the Megamobile web site and on any marketing or promotional materials but does not accept any liability for errors, omissions and misunderstandings arising.

Rates and billing conditions relating to the Services are subject to change without any prior notice; this may be due to circumstances outside the control of Damaflas, such as changes to wholesale prices that it is charged by third party suppliers or charges incurred for using the underlying SIM card by third party Mobile operators. Changes, which Damaflas is aware of, will be posted on the Megamobile website following such changes. It is the Customers responsibility to regularly check this Megamobile website for any changes affecting the Services and their use as well as checking with the Mobile operator it uses for any changes or charges for using the underlying SIM Card. Advertised rates and charges for international destinations/calls assume the fee for the local access portion of the call is paid for/covered by a Customer’s “free” minutes with the underlying provider.

By continuing to use the Services after Megamobile makes any changes in relation to the clauses above, the Customer agrees to these changes. If a Customer is not happy with any of these changes then Customer does not have to continue to top-up their account for using the Megamobile chip.

Damaflas shall be entitled to assign any and all of its rights and obligations under these terms and conditions to any other third party.

12. Complaints, Disputes and Governing Law

Any complaints or disputes between the Customer as a natural person not acting in the capacity of a professional enterprise and Damaflas regarding the provision of the Service must first be raised with Damaflas Customer Services using the contact details provided above.

Failure by either Damaflas or Customer to enforce rights under this Agreement shall not prevent Damaflas or Customer (as the case may be) from taking further action.

The Agreement is governed by Spanish Law and shall be governed by the exclusive jurisdiction of the Spanish Courts.

Las llamadas a móviles y/o números geográficos, no indicados en la tabla de tarifas, podrán tener costes diferentes a las tarifas publicadas.

Las tarifas están minuciosamente ajustadas. El número de acceso queda sujeto a las tarifas aplicables por cada operador móvil.

Por favor, compruebe los costes de su proveedor de móvil para las llamadas al número de acceso 976361151. Las tarifas son aplicable a partir del 04/08/2010 y estas, se podrán modificar sin notificación previa, si se debe a E&IMPR (error de imprenta)

Calls to international mobiles and NON geographic numbers other than those indicated may be charged at a different rate to that of the country. Rates are fully inclusive and rounded to the nearest cent.

The local access number maybe subject to a charge and connection fee by your mobile service provider.

Please check with your network the cost on to the access number 976361151. Rates are effective from 04/08/2010 and are subject to change without notice E&OE

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