Ymobile - Terms and Conditions of Use
Please read these terms and conditions carefully before using the Website and/or Mobile App, as they set out the basis on which you are allowed to use the Website and/or Mobile App. Where these Website and/or Mobile App T&Cs refer to "you" or "your" we mean you, our customer who uses the Website and/or Mobile App.
You must be aged 18 or over to use the Website and/or Mobile App.
By either: (a) using the Website; or (b) by accepting these Website and Mobile App T&Cs in the Mobile App when creating your account, you confirm that you accept these Website and Mobile App T&Cs and agree to comply with them.
If you do not agree to these Website and Mobile App T&Cs: (a) in respect of the Website, you may not use the Website; or (b) in respect of the Mobile App, you should not accept these Website and Mobile App T&Cs in the Mobile App and you should uninstall the Mobile App from your device(s).
1. Who we are and these Terms and Conditions
1.1 These terms and conditions only tell you the rules for your use of:
- our website at www.ymobile.co.uk (the "Website"); and
- our mobile application software and any updates or supplements to it
PlayStore | App Store (the "Mobile App"). (together the "Website and Mobile App T&Cs").
1.2 The Website and the Mobile App are operated by Ymobile, the first prototype MVNO of Y Corporation Limited (Ycorp) ("we", "us", "our").
1.3 We are a company registered in England and Wales (company number: 14232896), with our registered address at 1st Floor, Unit 27 Tileyard Road, London, N7 9AH.
1.4 Our registered VAT number is GB438158086 .
1.5 These Website and Mobile App T&Cs are directed to people residing in the UK. We do not represent that the content available on or through the Website and/or Mobile App is appropriate for use or available in other locations.
1.6 We recommend that you print a copy of these Terms and Conditions for future reference.
1.7 Our communications with you in respect of the Website and Mobile App will be in English language.
1.8 Our Website and Mobile App are made available to you free of charge.
2. There are other terms that may apply to you
2.1 These Website and Mobile App T&Cs refer to the following additional terms which may also apply to your use of the Website and/or Mobile App:
- Our Terms of Service, which sets out the terms of service that apply to your use of the eSIM
- Our Privacy Notice for the Website, which explains who we are, how we collect, use and store your personal data and your rights in relation to your personal data and how to exercise those rights in respect of the Website;
- Our Privacy Notice for the Mobile App, which explains who we are, how we collect, use and store your personal data and your rights in relation to your personal data and how to exercise those rights in respect of the Mobile App; and
- Our Cookie Policy, which sets out information about the cookies on our Website and Mobile App.
2.2 It is important that you read the information contained in the additional terms above.
3. How to contact us
To contact us, including if you need more information as to these Website and Mobile App T&Cs, to provide feedback or to make a complaint, please either:
- email us on support@ymobile.co.uk (email is our preferred method of contact, but not mandatory);
- call us on 0800 208 8487; or
- write to us at 1st Floor, Unit 27 Tileyard Road, London, N7 9AH.
4. Mobile App
4.1 We agree to let you use the Mobile App as permitted in these Website and Mobile App T&Cs. The licence is personal to you and you may not transfer the licence to someone else, whether for money, for anything else or for free.
4.2 The ways in which you can use the Mobile App may also be controlled by the Apple Store or Google Play Store (Android) rules and policies (as applicable) and those rules and policies will apply instead of these Website and Mobile App T&Cs if there are any differences between the two.
4.3 Operating Requirements
The Mobile App is compatible with certain devices. A list of devices which aren’t compatible is available here.
4.4 How you may use the Mobile App
In return for accepting these Website and Mobile App T&Cs, you may:
- download or install a copy of the Mobile App onto as many compatible devices you require (but you can only have one eSIM active device) and view, use and display the Mobile App; and
- receive and use any free supplementary software code or update of the Mobile App incorporating "patches" and corrections of errors as we may provide to you.
4.5 Licence restrictions
You agree that you will:
- not make available or provide anyone else with use or access to the Mobile App without our consent;
- not copy, modify, alter, vary, adapt, translate, merge, the whole or any part of the Mobile App, nor permit the Mobile App or any part of it to be combined with, or become incorporated in, any other programs; and
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Mobile App nor attempt to do any such things.
4.6 We recommend that you back up any content and data used in connection with the Mobile App, to protect yourself in the event of any problems with the Mobile App.
4.7 The Mobile App has not been developed to meet your individual requirements. Please ensure that the facilities and functions of the Mobile App meet your requirements.
4.8 If our provision of the Mobile App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
4.9 We may end your rights to use the Website and/or Mobile App at any time by contacting you, if you have breached these Website and Mobile App T&Cs in an unacceptable nature. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use the Mobile App:
- you must stop all activities authorised by these Website and Mobile App T&Cs; and
- you must delete or remove the Mobile App from all devices in your possession.
5. Acceptable Use restrictions
You must:
- not use the Website or Mobile App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Website and Mobile App T&Cs;
- not allow any third party under the age of 18 to have access to, or use, the Website and/or Mobile App;
- not act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, Trojans, worms, logic bombs or other harmful data, into the Website, Mobile App or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Mobile App;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Mobile App; and
- not use the Mobile App in a way that could damage, disable, overburden, impair or compromise our systems or security.
6. We may make changes to the Website and Mobile App
6.1 We may update and make changes to our Website and Mobile App from time to time to improve performance, enhance functionality, reflect changes to the operating system, address security issues or to reflect any other business needs or requirements.
6.2 If you choose not to install such updates, you may not continue using the Website and/or Mobile App.
7. We may make changes to these Website and Mobile App T&Cs
7.2 We may amend these Website and Mobile App T&Cs from time to time, for example, to comply with changes in applicable law. Where we amend these Website and Mobile App T&Cs, we will:
- ensure that the amended Website and Mobile App T&Cs are available on our Website and Mobile App (as applicable); and
- contact you to confirm that amendments have been made to the Website and Mobile App T&Cs.
7.2 If you do not agree to the amendments to the Website and/or Mobile App, then you must cease your use of the Website and/or Mobile App (as applicable).
8. We may suspend or withdraw the Website and/or Mobile App
8.1 We do not guarantee that the Website and/or Mobile App, or any content on or accessible on them, will always be:
- available or be uninterrupted; and/or
- compatible with all or any hardware and software which you may use.
8.2 We may suspend, withdraw or restrict the availability of all or any part of the Website and/or Mobile App, including for business and operational reasons, or to comply with our legal and regulatory requirements. We will try to give you reasonable notice of any suspension or withdrawal.
9. You must keep your account details safe
9.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
9.2 We have the right to disable any user identification code, password or any other piece of information as part of our security procedures, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website and Mobile App T&Cs.
9.3 If you know or suspect that anyone other than you knows your user identification code, password or other pieces of information as part of our security procedures, you must promptly notify us at: support@ymobile.co.uk.
10. Intellectual Property Rights and use of our material on the Website and Mobile App
10.1 We are the owner (or the licensee) of all intellectual property rights in the Website and/or the Mobile App, and in the material published on the Website and/or Mobile App. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and you have no rights (including intellectual property rights) in or to the Website and Mobile App other than the right to use them in accordance with these Website and Mobile App T&Cs.
10.2 You may not copy, reproduce, upload, post, transmit, distribute, show in public or create any derivative work from the Website and/or Mobile App, unless properly licensed to do so by us.
10.3 Our status (and that of any identified contributors) as the authors of content on our Website and/or Mobile App must always be acknowledged.
11. Problems with our service
If your use of the Website and/or Mobile App is interrupted by an event outside our control then we will contact you as soon as possible and try to minimise the interruption. Please contact us at: support@ymobile.co.uk to discuss any issues related to interruption of the Website and/or
Mobile App.
12. Our responsibility to you
12.1 We only provide the Website and the Mobile App for domestic and private use. You agree not to use our Website and/or Mobile App for any commercial or business purposes.
12.2 If defective Website or Mobile App content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable to you for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum security requirements advised by us.
12.3 We are only liable to you for losses which you incur as a result of our breach of these Website and Mobile App T&Cs and which are reasonably foreseeable. We are not liable to you for any business losses (including loss of profit, loss of business, business interruption, loss of business opportunity or lost data) or any indirect, special or consequential losses or damages you may suffer or incur in connection with your use, or inability to use, our Website or App. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Website and Mobile App T&Cs, both we and you knew it might happen.
12.4 This clause 12 does not exclude or limit in any way our liability to you where it would be unlawful to do so, including for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
- fraud or fraudulent misrepresentation.
12.5 Nothing in these Website and Mobile App T&Cs will affect your legal rights as consumer. More information on these rights can be found here.
12.6 Different limitations and exclusions of our liability will apply in respect of the provision of eSIM services, which will be set out in our Terms of Service
13. Do not rely on information on the Website and/or Mobile App
13.1 The content on our Website and/or Mobile App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website and/or Mobile App.
13.2 Although we make reasonable efforts to update the information on our Website and/or Mobile App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website and/or Mobile App is accurate, complete or up to date.
14. We are not responsible for the websites we link to
Where our Website and/or Mobile App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
15. Uploading content to our Website and/or Mobile App
15.1 Whenever you make use of a feature of the Website and/or Mobile App which allows you to create content, upload or share content or make contact with other users of the Website and/or Mobile App, you will own your content, but you are required to grant us a right to use, store and copy that content and to distribute and make it available to others.
15.2 We have no responsibility for any content created, uploaded or shared by users on the Website and/or Mobile App.
15.3 We have the right (but not the obligation) to remove any content created, uploaded, shared posted by you on our Website and/or Mobile App.
15.4 If you wish to contact us in relation to content you have uploaded to our Website and/or Mobile App that we have taken down, please contact us at: support@ymobile.co.uk
16. User-generated content is not approved by us
Our Website and/or Mobile App may include information, materials and/or content uploaded by other users. Such information, materials and/or content has not been verified or approved by us. The views expressed by other users on our Website and/or Mobile App do not represent our views or values.
17. Viruses
17.1 We do not guarantee that our Website and/or Mobile App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website and/or Mobile App. You should use your own virus protection software.
17.2 You must not attempt to gain unauthorised access to our Website and/or Mobile App, the server on which our Website and/or Mobile App is stored or any server, computer or database connected to our Website and/or Mobile App or any other equipment or network connected with our Website and/or Mobile App.
17.3 You must not interfere with, damage or disrupt any software used in the provision of our Website and/or Mobile App or any equipment or network or software owned or used by any third party on which the Website and/or Mobile App relies in any way.
17.4 You must not attack our Website and/or Mobile App via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or Mobile App will cease immediately.
18. Transferring these Website and Mobile App T&Cs to someone else
18.1 We may transfer our rights and obligations under these Website and Mobile App T&Cs to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Website and Mobile App T&Cs.
18.2 You may not transfer your rights and obligations under these Website and Mobile App T&Cs unless we agree in writing.
19. Other important terms
19.1 Your personal information will only be used in accordance with our Privacy Notice
19.2 These Website and Mobile App T&Cs, their subject matter and formation, are governed in accordance with the laws of England and Wales. We both agree that the courts of England and Wales will have exclusive jurisdiction in relation to disputes arising in connection with the Website and Mobile App T&Cs, their subject matter and formation.
19.3 These Website and Mobile App T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Website and Mobile App T&Cs.
