rwgmobile.wales
BY REGISTERING FOR, DOWNLOADING IN PART OR IN WHOLE, OR USING ANY OF THE RWG MOBILE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
The services under these terms and conditions (the “Terms and Conditions”) are provided by RWG Mobile.
In these Terms and Conditions, “RWG Mobile“, “we“, “us“, or “our” means Iwithacircle Limited t/a RWG Mobile (“RWG Mobile”) and “you” and “your” means you; our Customer. RWG Mobile is a limited company incorporated in the UK registered under Company No. 11192839 and with registered office at Merlin House, Langstone Park, Newport NP18 2HJ.
Service Description
The RWG Mobile service will allow you to communicate with other persons including other RWG Mobile service users. Some categories of communications or services may be RWG Mobile Paid Services and require you to purchase credit in order to use them.
Key Points
The terms for Services only cover the terms on which you may use the Services. They do not cover your purchase of your Device or access to the internet via Wi-Fi or mobile data which you must provide, set up and separately pay third party suppliers for. Furthermore you acknowledge that these Third Party Suppliers Services will be subject to their Terms and Conditions which, for the avoidance of doubt will still be binding upon you in respect of your use of the RWG Mobile Service.
You expressly acknowledge that our Services do not provide you with the ability to make emergency service calls. For Emergency Calls you further acknowledge that RWG Mobile is not a replacement for your primary telephone service.
It is your responsibly to ensure you keep any device on which you use the Service secure so that it cannot be accessed by others who then use your account without your permission. RWG Mobile cannot be held responsible if you do not do this
Services will be provided within our own, our suppliers and our network provider’s network areas but it’s always possible that the quality or coverage may be affected at times.
You must not use the Services for any illegal or improper purposes. Anyone under 18 is not permitted to access Age Restricted Services
The service is not suitable for anyone under the age of 13. We encourage parents to be involved in the on line activities of their children to ensure that no information is collected from a child without parental permission
You agree that we and our network provider can process your personal data, which we collect or which you submit to us during any sales or registration process, for a number of purposes, including to open and manage an account for Services, to deliver products and services ordered by you, for credit checking and fraud prevention, and for product analysis and direct marketing (subject to your preferences) as set out in our ‘Privacy Notice’ in the Terms for Services.
TERMS FOR SERVICES
1 About your agreement
1.1 It is your responsibility to make sure any phone number is only used to access Services as permitted in this agreement.
1.2 This agreement does not cover the supply of your Device. The manufacturers of Devices are not related to us. Any terms relating to Devices will be given to you separately.
2 What we will provide for you H2
2.1 An Application – You must download and use the RWG Mobile Application onto every device on which you intend to use the RWG Mobile Service.
2.2 A Phone Number – We will open an account for you and may offer you a RWG Mobile virtual phone number (and we may agree to provide you with additional phone numbers on your request)
3 Licence
3.1 In consideration of and subject to your payment of our Charges or any other amounts you owe to us under these Terms and Conditions, RWG Mobile will give you for the duration of the Agreement between us and for the purposes of these Terms and Conditions only, a personal, limited, non-transferable, revocable, non-exclusive right and licence to use any part of the Services which we agree to provide to you.
3.2 You shall not:
3.2.1 seek to copy, data-mine, cache, reverse engineer, decompile, disassemble or otherwise extract data from the Service except as otherwise agreed in these Terms and Conditions;
3.2.2 obtain or claim any ownership in any software (or in any derivation or improvement) connected to the Services;
3.2.3 sublicense the use of the Services to any person; and/or
3.2.4 create, write or develop any derivative software or any other software based on the Services utilising the proprietary and Confidential Information of RWG Mobile or a third party licensor of RWG Mobile.
4 Services
4.1 Once you have registered and verified your account, we will provide you with access to our Services.
4.2 You will also be able to upload and send your own content using the Services. You grant us and our network provider a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on the Services.
4.3 We may:
(a) change or withdraw some, or part, of the Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content. Subject to Clause 7.1, you can end the agreement if this variation is likely to be of detriment to you as explained in Clause 20; and
(b) also determine how Services are presented and delivered to the Device or are otherwise made available to you. We can change the way they are presented, delivered or otherwise made available to you at any time.
5 RWG Mobile Numbers
5.1 Once you have an account we may offer you RWG Mobile numbers for one or more countries.
5.2 You may rent up to four RWG Mobile numbers for use on your RWG Mobile account.
5.3 For a limited period of time from 1st December 2015, RWG Mobile may allocate you a RWG Mobile number free of a rental charge with a new RWG Mobile account which you can choose to take up at any time during the free RWG Mobile number offer period. However, should you refuse this number, at any time cancel it, convert it to a number which you choose to pay rental for, or should it expire, you will not be eligible for another free RWG Mobile number. You will however be able to rent additional RWG Mobile numbers.
5.4 RWG Mobile will charge a rental for all other RWG Mobile numbers. The rates for these are available in the RWG Mobile app.
5.5 Calls received by any RWG Mobile US or Canada number will be charged for. The rates for these are available from the RWG Mobile app. If you do not have credit in your account you will not receive any calls or voicemails to your US/Canada number. It is free to receive SMS to your RWG Mobile US or Canada number
5.6 No charge for calls and SMS received by any other RWG Mobile number. It is free to receive calls and SMS to any RWG Mobile number that is not for the US or Canada.
5.7 Calls and SMS sent from any RWG Mobile number will be charged for. These charges can be found on the RWG Mobile website or in the RWG Mobile app.
5.8 Managing a free RWG Mobile number. Your free RWG Mobile number will expire after 30 days unless at least one “event” takes place in that period. An event is when you make or receive at least one answered call, you receive one voicemail, or you send or receive at least one SMS on your free RWG Mobile number.
5.8.1 After every event on a free RWG Mobile number, you have a further 30 days free rental period for that RWG Mobile number. Free rental periods are not cumulative
5.8.2 At any time you can choose to convert your free RWG Mobile number to a rented RWG Mobile number, providing that number is still live on your account. Once the number has been converted you will pay a rental fee for it from then on, and for as long as you keep that number.
5.9 Other RWG Mobile Numbers
5.9.1 Rental for RWG Mobile numbers must be paid in advance. In order to pay for a new rental period, you must have sufficient funds in your account to cover the amount of the rental and, whilst logged into your account you must follow the link to confirm that you wish to purchase a new rental period. It is your responsibility to ensure that you do this on time, otherwise the number may expire and be removed from your account.
5.9.2 For any RWG Mobile number where at least one month’s rental has been paid, there will be a grace period of up to 14 days after the paid rental period ends, during which your virtual number will not be removed from your account and the number will continue to work normally. When you renew the rental for this number however, the rental will be backdated to the date on which the previous rental period expired.
5.10 Porting RWG Mobile Numbers in and out of the Service.
5.10.1 You can port your RWG Mobile number out of our service.
We may charge you a fee when porting a number out of our service. If we do we make this clear on the relevant instruction pages on our website.
5.10.2 You can port an existing mobile phone number which you own into the RWG Mobile service.
We may charge you a fee when porting a number into our service. If we do we make this clear on the relevant instruction pages on our website.
6 RWG Mobile Peer to Peer Services
6.1 Over the Internet, you can make and receive free peer to peer calls, and send and receive free messages and/or files (including pictures.) To do this you and the person to whom you are sending have live RWG Mobile accounts and both be connected to the Internet via Wifi or mobile data. You do not need a credit balance on your RWG Mobile account to use the peer to peer service.
6.2 The peer to peer service will operate from your main SIM number only, the profile created with your SIM number. This number must also be your User Name. You cannot use peer to peer services with RWG Mobile numbers.
6.3 You agree that RWG Mobile may impose limits on the use of the Peer to Peer service in order to ensure “fair use” and to protect the RWG Mobile Service and networks, in particular if it appears to RWG Mobile that the RWG Mobile Service or networks are being resold or otherwise misused, including through their use or access using any software of system not distributed or authorised by RWG Mobile.
7 Disruption to Services
7.1 There may be situations when Services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:
(a) when we or our network provider need to perform upgrading, maintenance or other work on the network or Services; and
(b) because of other factors outside our control, such as poor internet connectivity causing jitter packet loss and poor voice quality, the features or functionality of your Device, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.
8 What you will do in return
Set up and verify your account.
8.1 To set up a RWG Mobile account you must follow the verification procideure. If you fail to do so we will not open an account for you.
Secure your Password and Devices.
8.2 You must keep your RWG Mobile portal password secure and confidential. You are also responsible for the security of your Device and must ensure that you keep it secure (please refer to the Device manufacturer’s user guide for details of how to keep your Device secure).
8.3 You should immediately change your password if you become aware that someone is accessing Services on your account without your permission.
8.4 You can log into RWG Mobile via your Facebook account and are reminded you should also keep these details secure as, if you accept this option you can be logged into RWG Mobile whenever you are logged into Facebook.
8.5 To the maximum extent permitted by applicable law, you are fully responsible for all activities that occur in relation to the use of the Services, including but not limited to the use of your RWG Mobile Account.
Responsible use of Services
8.6 In respect of your use of the Service, you shall:
8.6.1 ensure that you or your representatives, provide true, accurate, current and complete information about yourself as prompted by the customer registration form;
8.6.2 maintain and update this information to keep it true, accurate, current and complete. Information about a user shall be referred to as “User Data“. If any information provided by you is untrue, inaccurate, not current or incomplete, RWG Mobile has the right to suspend or terminate your account immediately and refuse to provide you with any and all current or future use of any RWG Mobile Service
8.7 You may only use Services:
(a) If you are over 13 years of age. This service is not suitable for anyone younger than this.
(b) as laid out in this agreement; and
(c) for your own personal use. This means you must not resell or commercially exploit any of the Services or content and you must not impersonate or create a false identity of any person, including but not limited to a RWG Mobile Official, forum leader, guide or host.
8.8 You must not use Services or phone number or allow anyone else to use Services or phone number for illegal or improper uses. For example:
(a) for fraudulent, criminal or other illegal activity;
(b) in any way which breaches another person’s rights, including copyright or other intellectual property rights;
(c) to copy, store, modify, publish or distribute Services or content (including ringtones), except where we give you permission;
(d) to download, send or upload content of an excessive size, quantity or frequency. We will contact you if your use is excessive;
(e) in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or Services;
(f) to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; and
(g) to use or provide to others any directory or details about customers.
8.9 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and your account and inform support@rwgmobile.wales immediately if you believe that the security of your account has been breached. You must only use Devices authorised by us for Connection to our network and also comply with all relevant legislation relating to their use.
Responsible use of Messaging and Storage Services
8.10 While using the Messaging Services, you must not send or upload:
(a) anything that is copyright protected, unless you have permission;
(b) unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses; or
(c) anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.
8.11 We may put limits on the use of certain Services, such as Messaging Services or Storage Services. For example, we may limit the size of messages or storage space.
Responsible use of Age Restricted Services
8.12 If you are 18 or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Device. Those under 18 are reminded that they should not access any Age Restricted Services.
Responsible use of Services outside the UK
8.13 If you use Services from a country outside the UK, your use of the Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.
9 Emergency Service Calls
9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EMERGENCY CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY RWG MOBILE SOFTWARE OR SERVICES AND CANNOT BE GUARANTEED AND THAT NEITHER RWG MOBILE NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE SUCH CALLS. ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE THAT RWG MOBILE SOFTWARE AND/OR SERVICES WILL CEASE TO FUNCTION DURING A POWER FAILURE AND/OR DISRUPTION TO YOUR INTERNET CONNECTION AND YOU WILL NOT BE ABLE TO USE RWG MOBILE SOFTWARE NOR SERVICES TO DIAL ANY PHONE NUMBER INCLUDING EMERGENCY SERVICES.
9.2 IT IS YOUR RESPONSIBILITY TO MAINTAIN A CONVENTIONAL FIXED LINE TELEPHONY SUBSCRIPTION TO ASSURE THAT YOU HAVE CONTINUAL ACCESS TO EMERGENCY SERVICES.
10 Our rights – Intellectual Property
All rights, including copyright in Services and their content, belong to us, our network provider, or our licensed source, such as a content provider. We and they reserve all our and their rights.
11 Your RWG Mobile Account
11.1 We will charge you our fees for using some of our Services (the “Charges”). These Charges are specified in our price lists on the RWG Mobile website or in the RWG Mobile app or otherwise notified to you, when you use our Services (the “Price Lists”).
11.2 You undertake to be solely responsible for:
11.2.1 any and all charges incurred due to your use of any access number, local or otherwise;
11.2.2 any and all charges incurred by your use of any device in connection with the RWG Mobile Services or otherwise including, but not limited to, a cellular or mobile phone or tablet and
11.2.3 all billing transactions. Billing transactions include sign-up transactions (purchases at the time of sign-up) and purchase transactions (purchases which are made after sign-up). You may pay for all such transactions via a credit card and/or debit card and other payment methods as on the purchasing pages of our Website. You can also purchase credit from the iTunes website.
11.3 All purchases made in a currency other than US Dollars will be converted to US Dollars at an exchange rate to be determined by RWG Mobile. RWG Mobile accounts are held in US Dollars, regardless of purchase currency and any display of your RWG Mobile credit in a currency other than US Dollars is an approximation only. An accurate accounting of your RWG Mobile credit may be obtained at any time by choosing US Dollars when selecting the currency to display on your RWG Mobile dashboard.
11.4 SMS billing will be deducted from your RWG Mobile credit at the nominated rate per SMS. SMS are charged based on the size of your message. Message size is determined by the signalling protocol in use, which may vary depending on the input language. More information on message size can be found by contacting support@rwgmobile.wales.
11.5 You will be charged in 60 second blocks for any connected calls made using a RWG Mobile Service, unless we state otherwise in writing. Charges per call or SMS are rounded up to two decimal points of one US Dollar.
11.6 You are solely responsible for any roaming charges incurred as a result of using any services, including, but not limited to RWG Mobile Services, which you will be responsible to pay separately to your third party suppliers. This is particularly relevant to some of our Services such as the RWG Mobile Callback service. If you are, without limitation, downloading or updating a RWG Mobile Application or accessing RWG Mobile Services, you may be charged your standard mobile operator’s internet rates for the time you are connected to the internet through your mobile device. Please be aware that internet charges could be high particularly while you are roaming. You will be solely responsible for any mobile operator charges (e.g. internet charges incurred while roaming) or any other additional charges.
11.7 The credit in your RWG Mobile account will expire after a 12-month period unless you:
(a) top up your account with Service credit or
(b) you have an active RWG Mobile number which has made or received a call or voicemail or sent or received an SMS or
(c) you have made chargeable calls or sent chargeable SMS from your RWG Mobile SMS number.
This means that the actual expiration date will always be 12 months from the date of the most recent successful recharge or use of the RWG Mobile service as described above.
11.8 You acknowledge and agree that:
11.8.1 ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, CALLING RATES OR PLANS, CAN BE CHANGED OR OTHERWISE MODIFIED BY RWG MOBILE AT ANY TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS;
11.8.2 ALL SALES ARE FINAL. Unless otherwise stated in these Terms and Conditions, RWG Mobile will not issue a refund of any purchase except where required by law or in the event of an extended system wide outage of Service encompassing failure of all of the following: our network operator, local access, toll-free access, domestic termination, and international termination, or other system failures as determined by RWG Mobile at its sole discretion;
11.9 When using any available non geographic numbers including “Freephone” numbers (if any), you will be charged in accordance with our Price List on our website. You acknowledge and agree that the rates applicable to these numbers may be higher than the rates applicable to geographic numbers.
11.10 Payments may be subjected to extra levels of verification before they can be captured by RWG Mobile. The aim is to protect customer accounts and security. This means that your payment can be slightly delayed before being processed by our payment moderation team. A notification will be sent to you once your payment has been processed and the funds added to your account.
12 Transfer credit to a friend
12.1 Subject to these Terms and Conditions and to RWG Mobile instructions, a RWG Mobile customer (the “Sender RWG Mobile Customer“) shall be entitled to transfer credit to another RWG Mobile customer (the “Recipient RWG Mobile Customer“) provided that: