Consumer services agreement

 
Thanks for choosing Virgin Mobile UAE. In this agreement, you'll find important information about the services you will receive from us. The terms are set out in detail below, but you must also check our website for extra terms and conditions (including relating to pricing) that could apply to a particular service, plan, offer or promotion. You can find this agreement on our website, ask for a copy wherever you see a Virgin Mobile UAE kiosk or pop-up kiosk or ask customer care for a copy. It’s important that you read and understand the full terms before agreeing to use our services, as they contain some important information, including the following.

• How long your agreement with us will last
• Whether you will have to pay if you want to end your agreement early or before the end of the minimum term and, if so, how we will work out this amount
• How we might increase your charges
• What you can expect of us as providers of your services
• What we expect of you
• How we use your information

Your consumer services agreement in full

1. Terms which we use in this agreement

We use the following terms in this agreement. Where these terms are used, they appear in bold font.

You or your means the person listed as the customer on the application form.

We, our or us means Emirates Integrated Telecommunications Company PJSC, or ‘Virgin Mobile UAE’.

Acceptable Use of Service Policy means the Virgin Mobile UAE policy that governs your use of the service, and which is available at https://www.virginmobile.ae/acceptable-use-of-service-policy/

Agreement means this agreement which is made up of the following documents.

1. The general terms set out in clauses 1 to 20 of this agreement
2. Each service schedule
3. The application form

Application form means a form or other document, webpage, app page or digital media which you sign, accept or fill in to order our servicesthrough any of our sales channels.

Charges means any charges due under this agreement.

Code of practice means our code of practice, which you can find at: www.du.ae/terms-and-conditions.

Content means any digitally stored and transmitted material, including text, pictures, images, audio, video, games, graphics or software, or services incorporating any of these.

Customer care means one of our customer-care channels. More details are available at: https://www.virginmobile.ae/help/contact-us/

Downgrade means any reduction in the capacity, scope or level of your service.

Virgin Mobile UAE equipment means equipment we may provide you with to use in connection with your service, but which remains ourproperty.

Early cancellation fee means the fee you may pay if you cancel a service early.

Equipment means the equipment which we may give you as part of the services.

Circumstances outside our control means something we have no control over, such as a natural disaster, an uprising against an authority or the government, civil disorder, war or military operations, national or local emergency, damage to cables, terrorist acts, industrial disputes or action including lockout, partial or total strikes or other unrest within our workforce, epidemic, transport methods or supplies being blocked, earthquake, fire, storm, lightning, explosion, flood, water damage, land subsidence, severe weather, gas or electricity supplies being unavailable or restricted, action any other person (including any telecommunications operator) takes or fails to take if neither we nor you are responsible for that person, action any regulator or government agency takes or fails to take or restrictions which they set, action that is necessary to meet a legal obligation, or any other circumstance outside your or our control.

Fair Usage Policy means the Virgin Mobile UAE policy that governs your use of the service, and which is available at: https://www.du.ae/legal/broadband-fair-usage-policy

Identifier means a telephone number, a domain name, an email address or similar.

Minimum term means the minimum period (as set out in the application form) that you have agreed to stay with us for the services.

Network means the communications network run by us.

Other users mean any other users registered under your account.

Personal information means any personal information relating to you. It includes, but is not limited to, your name, address, bank account details, ID details (passport or Emirates ID), credit card details, service usage details, call records, message records, account status, payment history and credit rating, and any information we get as a result of you using the services.

Service or services means any service we provide to you as set out in the application form and described in more detail in a serviceschedule.

Service start date means the date that you can start using the services.

Service schedule means any schedule describing the specific terms of any service which we provide to you.

Rate plan means the rate plan (or plans) on our website which will tell you the prices for our services.

TRA means the Telecommunications Regulatory Authority of the United Arab Emirates.

UAE means the United Arab Emirates.

Unauthorised traffic means a flow or volume of calls for any service which we believe is not what we would reasonably expect from someone using our network in good faith or is not consistent with your previous call history (in any given month) with us.

Usage charge means a charge which applies to a service based on usage (for example, call charges or data charges).

VAT means value added tax or any similar tax set from time to time.

Our website means https://www.virginmobile.ae/

2. How long your agreement lasts

2.1Start date. This agreement starts on the date you sign, accept or fill in the application form.

2.2Term. Unless you or we end this agreement earlier, it will continue for the minimum term. Once the minimum term has ended, this agreement will continue until either you end it (you do not need to give us notice) or we end it (we will give you 30 days’ notice in writing).

3. How to order a service

• 3.1To order a service, you must fill in an application form. The details you provide in the application form must be correct.
• 3.2 We may accept or reject your application form, or ask you for more information. Your application form will be accepted when we have activated the service you have applied for.

4. The services we provide to you

• 4.1We will provide all services with reasonable skill and care but we cannot guarantee a fault-free or uninterrupted service because of the nature of the technology needed to provide the service to you, or for reasons outside our control.
• 4.2Security of your communications. We will do all we reasonably can to make sure your communications are secure. However, we cannot guarantee that your communications will be completely secure due to reasons outside our
• 4.3Your responsibilities. We will not be responsible for any delay or failure of the services if you do not keep to this agreement.
• 4.4Access to your home for home services. You must provide us with access to your home when we need it to allow us to deliver, install and provide home services to you.
• 4.5Providing information and documents.
  1. Your information. We, or any government authority, may ask you for certain information to allow us to provide the services. You must provide all information and documents (including identification and billing details) we ask you
  2. Change of personal information. You must keep your personal information up to date and tell us immediately if it changes. If you do not keep your personal information up to date (including your passport expiry date), we may have to end your service.
• 4.6Telephone numbers and unique identifiers. When we provide you with the services, we may provide you with use of an identifier. You must keep to the requirements of any regulatory body which provides these identifiers. These identifiers do not belong to you, and we may recall them if any regulatory body asks us to, or if we have a good reason to. If you ask us to remove or deregister an identifier from your account, we will be allowed to use that identifier for another customer in line with relevant laws and regulations.

5. Moving to us from another service provider

• 5.1Keeping your number or services. If your previous service provider (previous provider) allows you to:
  1. [transfer a home service;] or
  2. move your current mobile number;

  to us, you are still responsible for all outstanding charges due to the previous provider for any services they provided to you.

• 5.2Non-payment to your previous provider. If you fail to pay any outstanding charges to your previous provider, we may suspend or end the services.

6. Your use of the service and equipment

• 6.1Keeping to this agreement. You must meet the terms of this agreement, all laws and regulations that apply, and any other reasonable instructions we may tell you about when you use the service or equipment.
• 6.2Restrictions on your use of the services and equipment. You must make sure that the services or equipment are not used:
  1. in a way that is not in line with our Acceptable Use of Service Policy and Fair Usage Policy (you may have to pay a fee if you do not meet this condition);
  2. for sending or distributing illegal or offensive material;
  3. for distributing any material that contains software viruses or any other disabling or damaging programs;
  4. in any way which weakens or damages the network or our ability to provide the services;
  5. in a way which uses automated methods to make calls using the network;
  6. to make a computer permanently accessible as a server;
  7. for setting up connections where the caller receives payments from third parties, based on the call or the length of the connection (for example, connections to advertising hotlines);
  8. for automated machine-to-machine (M2M) data exchange; or
  9. fraudulently or illegally or in a way which is not in line with this agreement.
• 6.3No reselling. You must not resell, distribute or provide the services or equipment to anyone else.
• 6.4Accessing the internet. You are responsible for all charges if you use the service to access the internet, other data networks, websites, or content. We are not responsible for any content you may access while using the services or for how you use the services.
• 6.5Responsibility for other users. You are responsible if you allow other users to use equipment and services that we provide to you under this agreement (including paying for the services they use).

7. Changes to your services

• 7.1If you want to change your services. You can ask us to make a change to your service (which does not include suspending or cancelling it) at any time by giving us 30 days' written notice. If we agree, we will make that change.  If the change you ask for is a downgrade, you may have to pay an early cancellation fee. If it is not a downgrade, you may have to pay any charges which are due for making the change. We will tell you what those charges are if they apply.
• 7.2If we want to change your services. We may sometimes make changes to your services or equipment. We will always make sure that these changes do not significantly affect your use of the services or equipment.

8. Faults on our network

• 8.1We will provide services with reasonable skill and care. However, the services are not fault-free. There are a number of reasons why you may find problems with the services and these include any planned maintenance to our network, unplanned outages and so on.
• 8.2Reporting faults. To report a fault, please contact customer care which is available from 7am to midnight

9. Equipment

• 9.1Delivering equipment. If we need to provide you with equipment for a service, we will deliver that equipment to the address you provide on the application form.
• 9.2Virgin Mobile UAE equipment. We may provide you with certain other items of equipment to use in connection with your service (Virgin Mobile UAE equipment). This will remain our property and you must not resell or distribute it. Unless we tell you otherwise, you must return the Virgin Mobile UAE equipment to us when the service If you do not, we may charge you a fee.   You are responsible for any damage to, or destruction or theft of, the Virgin Mobile UAE equipment, unless this is caused by us.
• 9.3Who will own the equipment. Any equipment that we sell to you will remain our property until you have paid in full.
• 9.4You are responsible for protecting any Virgin Mobile UAE equipment or any equipment, including against damage, loss and theft.
• 9.5Using Virgin Mobile UAE equipment. Unless we agree otherwise, for Virgin Mobile UAE equipment which is in your home, you must:
  1. allow us into your home so our staff or contractors can service, change, repair or replace it;
  2. use it only as we instruct you to;
  3. not interfere with, change or tamper with it or allow anyone else to; and
  4. not do anything to damage it or affect the way it works.
• 9.6Replacing equipment or Virgin Mobile UAE equipment. If the Virgin Mobile UAE equipment needs replacing through no fault of your own and it is within the warranty period, we will not charge for a replacement. If the equipment is outside the warranty period, you may have to pay a charge.

10. Suspending or cancelling your services

• 10.1Suspending and cancelling. If any of the following applies, we may suspend or cancel your services and stop any of your equipment from using the network. If we do this, we will not give you any notice and clause 11.5 will apply.
  1. You do not keep to this agreement.
  2. We are instructed to do so by any government authority, or we must do so by law.
  3. We believe you are using the services or equipment in a way which is not allowed under this agreement.
  4. We suspect fraud or illegal activity associated with your services, SIM card, number or equipment, or we suspect unauthorised traffic.
  5. You tell us you have lost your equipment or it has been stolen.
  6. You become bankrupt or insolvent or go into liquidation.
  7. We believe you are doing something which might damage our network or the services we provide to other users.
  8. This is necessary for us to be able to maintain, make changes to and test our network, or there is a technical failure of the network.
• 10.2Ending the service. If we are permanently unable to provide any of our services to you, for any reason, we will give you 30 days' written notice before we end any affected service.
• 10.3Reasonable costs. If we suspend or cancel the services because of something you have done or failed to do, you must pay all our reasonable costs and expenses which are a result of this.
• 10.4Liability for charges. You must continue to pay any charges during any period of suspension.

11. Charges and payment

• 11.1Depending on your service, we will send you an invoice for your charges. You must pay these charges no later than the due date on the invoice.
• 11.2Failure to pay on time. If we send you an invoice for your service and you do not pay the charges by the due date on the invoice, we may do the following.
  1. Charge a late-payment fee. We may charge you a late-payment fee based on the unpaid amount until you make the payment in full.
  2. Suspend, cancel or block your services and equipment. We may suspend, cancel or block your services.
  3. Withhold any amounts we owe you. If we owe you any money (for example, a credit note, a deposit or a refund), we may keep this and use it to pay the amount you owe us. If there is any money left over after doing this, we will return it to you.
  4. Debt collection. We may instruct a debt collection agency to collect any unpaid amount.
• 11.3Price changes. We may change your charges. If we do, we will give you at least 28 days’ notice. If you do not accept the new charges, you can cancel this agreement and your services as long as you do this within 30 days of receiving our
• 11.4Early cancellation fee. If you have selected a service which has a minimum term, you agree to receive the services from us for the minimum term. If you want to end any or all of your services early, we may charge you an early cancellation fee. The amount of your early cancellation fee will depend on the services you have signed up for, and when you decide to cancel (please see your rate plan or application form for more details).
• 11.5Refunds. If you or we cancel a prepaid service in line with this agreement, you will only be entitled to a refund in line with our Code of Practice.
• 11.6VAT. The following conditions apply in relation to VAT.
  1. All amounts stated in this agreement do not include any VAT that is due.
  2. Unless we tell you otherwise, if we supply goods or services to you, the charges for those goods or services do not include VAT and you must pay the VAT on top of the charges when you pay the charges or when we supply the goods or services.
  3. If you pay or refund our costs, fees, charges or expenses, you must also cover any part of those costs, fees, charges or expenses (or a proportion of them) which represents VAT, unless we are entitled to claim back that VAT from a tax authority.
  4. If the charges for any goods or services we have supplied is adjusted (including if we apply any early cancellation charges for the service), you and we must make all appropriate adjustments to the VAT paid previously, including repaying the VAT if necessary and paying any further VAT that is due. 

12. Deposits, credit assessments and auto-payment

• 12.1Deposit and advance payment. We may ask you for a deposit or advance payment for some services. We may use this deposit or advance payment towards paying for your services (or use it as payment towards any other account you have with us) if you:
  1. fail to pay any charges by the due date on the invoice; or
  2. do not return equipment or Virgin Mobile UAE equipment after we or you cancel a service.

  You can ask us to return your deposit or advance payment when your agreement ends. You can do this using customer care or by visiting one of our stores. We will return your deposit or advance payment either in cash, by bank transfer or to your credit card. We will take any amounts you owe us from the amount we return to you, and these will be shown in your final bill.

• 12.2Credit assessment. We may carry out a credit assessment based on the information you give us when applying for services. You confirm that you agree (either on the application form or through other digital means) to us sharing this information with a credit assessment agency. Wewill use this information to:
  1. set any credit limits; and
  2. accept or reject your application for services.
• 12.3Credit limit. If you have reached your credit limit in any month, you will not be able to use your services until you make a payment which brings your balance below your credit limit. You are responsible for all charges on your account even if these are over the credit limit.
• 12.4Auto-payment. If you decide to use our
  auto-payment function at any time, you will need to register details of your form of payment with us. This could be your credit card, debit card or another organisation’s payment method (such as Apple Pay). If you agree to use the

  auto-payment function, you agree that we are authorised to deduct any charges you owe us relating to your use of the services from either your chosen form of payment, or from the balance in your Virgin Mobile UAE wallet. This may include:

  1. any charges that are due for your services;
  2. any charges you have not been paid by the due date shown on an invoice; and
  3. any charges included in a final bill if you have ended your services with us.

  We may remove from the auto-payment function any credit card or debit card that has expired, is identified as stolen, or fails. For some of our services, we may choose not to enforce any deposit or advance payment due under 12.1 if you activate auto-payment. For other services, such as our device instalment plans, you must use our auto-payment function. We may, in any case, suspend your services and charge you the deposit, administrative fee or advance payment if the auto-payment fails for any reason.

13. Liability

• 13.1We will not be legally responsible to you under this agreement unless UAE law states otherwise.
• 13.2If UAE law states that we are responsible to you for a claim, we will not pay you more than AED20,000 for any claim or more than AED40,000 for all claims within any 12-month period.
• 13.3We will not be legally responsible to you or any other user for any loss of business, revenue, profits or savings, data loss or corruption, or any other indirect loss or damage.
• 13.4Also, we will not be legally responsible to you or other users if our network or your services become temporarily unavailable, for any faults, malfunctions or delays in any way related to the performance of the network, for any products or services you use with the services which you have not bought from us, or for failure to provide a service if this is outside of our
• 13.5This clause will continue to apply to our relationship with you after this agreement

14. Ending your services

• 14.1Ending a service by notice. You can end a service any time using the Virgin Mobile UAE app. If you cancel before the end of any minimum term, your services will stop at the end of that minimum term.
• 14.2No court order. You agree that a court order will not be needed to cancel this agreement.

15. What will happen if you or we cancel this agreement

• 15.1Stop using the services or equipment. You must immediately stop using the services and equipment once the cancellation becomes effective.
• 15.2Return any Virgin Mobile UAE equipment. As soon as the cancellation becomes effective, you must return all Virgin Mobile UAE equipment.

16. Personal information and privacy

• 16.1Privacy law. We will act in line with all UAE laws which relate to privacy and protecting your personal information. If you use the services in another country outside the UAE, we will not have to process your information under any other law.
• 16.2Personal information. We will take all reasonable steps to prevent your personal information being dealt with without your Wemay share your personal information if:
  1. we are allowed to do so under any law or regulation;
  2. you give us permission to do so;
  3. we have to when carrying out a credit check;
  4. any law-enforcement agency or government body requires us to; or
  5. it is necessary to give it to any other person or organisation who is directly involved in supplying a service. If we do, we will make sure that person or organisation takes all reasonable steps to keep your personal information confidential and only use it for providing the service.
• 16.3 You must keep any password you use to access your account or services safe at all times.
• 16.4Use of personal information. If you give us your permission, we may use your personal information to keep in touch with you in the way wedescribe in our code of practice. We may also hide your personal details so you cannot be identified as an individual and combine yourinformation with other people’s information. We may then share this information with other people and organisations.
• 16.5Monitoring. We may monitor your use of the services and record your calls or digital interactions with customer care for training, financial-control, quality-control and regulatory or legal purposes.

17. Changing the terms of this agreement

• 17.1Variations required by law. We may vary this agreement at any time if any law or regulation requires us to, or if the TRA tells us We will give you written notice if this applies.
• 17.2Changes we make. Also, we may change this agreement at any time and for any other reason. If the change is a price increase, or has the same effect as a price increase, we will give you at least 28 days’ notice of the change. During this 28-day notice period, you are entitled to cancel the service without having to pay any early cancellation fee.

18. Governing law and jurisdiction

• 18.1This agreement is governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai. Unless clause 18.2 applies, any legal proceedings relating to this agreement can only be brought in the courts of Dubai.
• 18.2We may choose to start and pursue proceedings relating to any matters arising out of this agreement in the Dubai International Financial Centre (DIFC) courts.

19. Circumstances outside our control

We will not be responsible for any circumstances outside our control. You are responsible for all charges during circumstances outside our control. We will do all we can to reduce the effect of any circumstances outside our control.

20. General

• 20.1Notices. If we need to send you any notice, we will send this by email, push notification or text message. We will consider your latest postal address to be the correct address for sending notices to.
• 20.2Transferring this agreement. We may transfer this agreement to anyone at any time without your
• 20.3Subcontracting. We may subcontract any of our responsibilities under this agreement, but we will still be responsible for the services we provide to you.

Service schedule mobile services

 
This service schedule applies if you have bought any consumer mobile services (mobile services) from us.

1. Using mobile services

• 1.1Some mobile services have a minimum term and must continue for the whole minimum term. If you cancel the service before the end of the minimum term, you may have to pay an early cancellation fee.
• 1.2Any SIM card we supply to you will remain our property, and you agree to take good care of it. We may charge you to replace any SIM cards that are damaged or faulty, however the damage or fault is caused. If you lose your SIM card or it is stolen, you must immediately report this to us so we can suspend or cancel your services (either on the Virgin Mobile UAE app or through customer care). If you do not do this, youwill be liable for all charges relating to the loss or theft.
• 1.3Your ability to use certain mobile services will depend on the features of your handset and the way it works, as well as the Virgin Mobile UAE app.
• You can change your tariff plan at any time, but any change will only take effect from the beginning of the following billing cycle, and youmay have to pay an early cancellation fee if you cancel before the end of the minimum term.
• 1.4You can change your tariff plan at any time, but any change will only take effect from the beginning of the following billing cycle, and you may have to pay an early cancellation fee if you cancel before the end of the minimum term.

2. Mobile roaming (using mobile services abroad)

• 2.1Mobile roaming relies on the telecommunication systems of foreign networks. We have no control over these and so cannot guarantee the quality or availability of mobile services when you are abroad.
• 2.2If you use the mobile services outside the UAE, you are responsible for keeping to all local laws and regulations that apply.
• 2.3You are responsible for all charges which relate to using your phone while abroad, including all data charges. Sometimes there may be a delay before certain charges appear on your
• 2.4Some discounts or offers might not be available to you while using your phone abroad. You will need to visit our website for the terms that apply to your discount or offer.

3. Data line services

• 3.1Voice service may not be available under any specific data line services.

4. Other terms

• 4.1Please check our website for extra terms and conditions (including relating to pricing) that apply to a particular mobile service or plan, offer or promotion.