1. Our Agreement

1.1 You accept the terms of this Agreement (the “Terms”) starting from first date you activate, access, browse, and/or use (whichever comes first) our Website, the Application, the Products and/or the Services and will continue unless terminated in accordance with the terms of this Agreement. If you are below the age of 18 years, your parent or guardian will be responsible under this Agreement.

1.2 Our Privacy Policy and Acceptable Use of Service Policy are also part of the Terms of this Agreement.

2. Providing you the Service

2.1 You can subscribe to the Service through your iPhone or Android devices via apps downloaded from the Apple App Store or the Google Play Store. We will engage with you through the mobile apps, including payment by credit card/debit card, electronic pins and customer support.

2.2 When using the Services, Application, and/or Products, you agree:

(a) To pay your bills on time (post-paid).

(b) Not to use the Service, Network, Website, Application, or the Products for any illegal, unlawful or improper purpose.

(c) Not to sell, re-sell or commercially exploit our Services or Products in any way.

(d) Not to upload or transmit through the Website, Application, Products and/or the Services any material which is defamatory, offensive, of an obscene character or any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

(e) To comply with all laws and regulations.

(f) To comply with all of the Terms of this Agreement.

(g) To follow our reasonable instructions and requests.

2.3 If You fail to comply with any of Your responsibilities under this Agreement then We won’t be held responsible for any delay or failure to provide the Services.

The Services provided are subject to the rules and regulations of the CITC (www.citc.gov.sa). CITC “Terms of Service of Mobile Telecommunication” (Rabi Al Awal 1429 H) apply to this agreement.

2.4 Factors outside of our control can affect the quality and availability of the Services. For example, weather, weak signals, unexpected damage, maintenance, upgrades to the network. Where possible, we will advise you in advance of any interruptions or unavailability.

2.5 You are responsible for all Charges which result from accessing the internet, other data networks, websites, resources, software or content through the Services. Such access shall be at your own risk and we will not be responsible for any content that is accessed unless we are providing the content.

2.6 You can activate your SIM and choose a new number using the Application. You can also transfer your existing number or port-in from your existing telecom provider if allowed. If you are allowed to port-in then you agree to provide us with full and accurate information we request from you to facilitate the port-in. Please remember that you are still responsible for all outstanding charges due to your previous telecom provider for any services they provided to you.

2.7 We reserve the right to change, withdraw, suspend or re-assign your phone number if required by Law, the CITC, if your account is closed, or if you fail to pay any outstanding charges (including any early termination charges) to your previous telecom provider if you choose to port-in.

2.8 We will take all reasonable measures to ensure the security of Your communications within the limits of all applicable laws and regulations. For reasons beyond Our control however, We can’t promise or guarantee that Your communications will be completely secure. You must keep any PIN and password allocated to you secure and not disclose it to anybody else. Any and all use of your PIN or password will incur charges to you.

3. Prepay Account

3.1 If you choose a Prepaid Plan you will need to recharge your account to use our Services.

3.2 If you have a zero balance, others can call you but you cannot make any calls, or use other Services, except to call our Customer Services or emergency services on number 999.

3.3 If you do not use the Service or recharge your account for 90 continuous days, your account may be closed and your phone number reassigned.

3.4 We will deduct charges from your Prepay account according to usage.

4. Postpaid Account

4.1 A Postpaid Account is on a recurring basis and will get auto renewed on the corresponding day of the next Service Period. Your Postpaid Account requires an upfront payment and a monthly subscription/charge. You will therefore need to register your valid, approved and recognised credit card and/or debit card to use the Services.

4.2 By signing up to the Services you consent to a credit check, to providing such information that we reasonably request, and you agree that we can charge your registered credit and/or debit card. Establishing and changing your Subscription Credit Limit is solely at our discretion and will apply to all Services.

4.3 On payment you will receive your Monthly Included Value at the beginning of each month. We will Bill you, normally monthly, in arrears. You must pay for your Charges within 10 days from the date of your Bill. There is no carry forward of balances/benefits or bundle/boosters after the expiry of each Service Period and any unused balance/benefits (MB or mins) will lapse

4.4 You must pay the full amount of all Charges on your account. You must notify us as soon as possible of any possible errors.

4.5 If you do not pay the full amount, we may suspend or cancel all or part of our Services until all outstanding Charges are paid in full.

4.6 You cannot convert or redeem recharges, unused airtime or Services for cash, nor use them against any other accounts with us or towards your other Services or Products.

4.7 If this Agreement is terminated, to renew your subscription you may have to pay a renewal fee.

4.8 If you run out of minutes under your Postpaid Account, the standard tariff will apply. All Charges while using minutes on the standard tariff will be deducted from your core balance/ wallet. If your core balance/wallet is empty, you will not be able to make calls. You may buy a voice bundle/booster that is added to your minutes balance for that month.

5. Charges, Payment and VAT

5.1 We will charge you for all Services and/or Products used.

5.2 Our tariffs are available on our Website, in-store or from Customer Services.

5.3 If any of the Services or Products are taxable, the Charges related to them will be exclusive of all Value Added Tax (“VAT”) properly chargeable and you agree to pay the VAT in addition to the Charges on the earlier of: (a) when the payment is made; or (b) when the supply of the Services or Products is made.

6.  User Account

6.1 You can register and login to the Application via two methods: first, via a federated login through Facebook, Google, or Twitter, or alternatively you can create your own account directly on the Application by filling out the required details.

6.2 By agreeing to login with your Google, Facebook or Twitter account, you consent that we may access and use your name, email address, profile picture and your public information posted to your Google, Facebook or Twitter account.

6.3 We may provide Google, Facebook or Twitter with telemetry data such as the device id and information that you are providing on the Application, which may be used by Google, Facebook or Twitter for their digital marketing campaigns.

6.4 If you do not consent to this transfer of information, you can create your account directly in the Application and still enjoy the services.

7. Privacy Policy

7.1 We will collect and use your Personal Information in accordance with our Privacy Policy.

8. Your Personal Information

8.1 You agree to provide all information and complete all documentation, including in relation to identification, legitimation and billing details, which we or the CITC might require to perform this Agreement.

8.2 CITC requires Personal Information such as your ID, full name, address, contact information and/or your banking details. We need this information for your account set up; credit-checking; to comply with the Law; to inform you about new Products; and/or to provide the best service. You agree to provide us with the requested Personal Information You must keep us informed of any changes in your Personal Information. You agree that the Personal Information you provide to us is accurate and true and correct at the time it is provided and will be kept up to date. If you don’t keep your Personal Information up to date (which could include passport expiry dates), we might have to end your Service.

8.3 You authorize us to your Personal Information for the purposes stated by us. We will only use your Personal Information as is necessary for the provision of our Services. We may disclose your Personal Information to our service providers as is required for maintaining and servicing your account and to credit bureaus and/or if required by Law. Our Privacy Policy, available on our Website, explains fully how we will handle your Personal Information.

9. Marketing Communication and Promotional Offers

9.1 Unless you notify us otherwise, you agree to receive promotional and other marketing material and important messages and information about your account, the Services, Website, Application, Products, and/or Network or, if required, by law.

10. Queries and Complaints

10.1 If you have a complaint or query please contact us through our Contact us page or call Customer Services at +966 57 000 1789.

10.2 You must file any complaint on errors in any invoice no later than 30 days from the date of your Bill.

10.3 You must pay the undisputed Bills for the Services you use during the complaint handling period.

10.4 If we are unable to resolve your complaint you have the right to refer your complaint to the CITC (www.citc.gov.sa).

11. Suspending or Disconnecting Our Services

11.1 We may suspend or disconnect all or any Services at any time if the Network needs urgent maintenance or upgrading.

11.2 We may suspend, cancel or block your access to the Website, Application, Products, and/or Service if you (i) breach this Agreement or the Terms; or (ii) damage or abuse the Services, Application, Products, and/or the Network; or (iii) abuse or threaten our staff; or (iv) provide information that is false or misleading; or (v) if you don’t use the Services or Products within a 90-day period; or (vi) exceed your Subscription Credit Limit; or (vii) cause harassment, disturbance or harm to others; or (viii) if you fail to pay any Charges when they are due; or (xi) we believe you’re using the Services, the Application, and/or the Products in a way we don’t allow under this Agreement; or (x) we suspect fraud or illegal use or activity associated with your Services, SIM pack or mobile number, or where We suspect Unauthorised Traffic; or (xii) we are instructed to by any governmental authority or if required by law.

11.3 If We suspend, cancel or block your access to the Website, Application, Products and/or the Service due to circumstances described in this paragraph, we won’t provide you with any notice. In all other circumstances, we’ll do our best to provide you with 30 days’ prior notice.

11.4 You may request that we suspend your Services, for example, if you have lost your mobile device or it has been stolen. You must pay all outstanding Charges prior to suspension and you remain liable for any Charges due throughout the period of suspension.

11.5 You can cancel or simply stop using the Website, Products and/or Application at any time. You can also terminate the Services or a particular offer at any time and this will only be effective at the expiry of the current Service Period. Early cancellation charges could apply, in addition to any outstanding Charges payable by you to us.

11.6 You agree to pay us all reasonable costs and expenses we incur (including any applicable reconnection) if we suspend the Services because of something you’ve done or failed to do. You will remain liable for all Charges incurred during any period we suspend the Services.

11.7 You can still make calls to emergency services during suspension.

12. Third Party Links

12.1 Our Website and/or the Application might include links to other websites or material which are beyond our control. We aren’t responsible for these websites or material nor do we review or endorse them. We aren’t liable (directly or indirectly) for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

13. Force Majeure

13.1 We are not liable for any delay or default in performance under this Agreement if it is caused by an event reasonably beyond our control, including but not limited to natural disasters, civil insurrection, war, accident, act of God, a direction of any sort by CITC, or delay, failure or default our suppliers or the Network operator (“Force Majeure Event”).

13.2 You are responsible for the payment of all Charges under this Agreement during a Force Majeure Event. We will do what we reasonably can to minimise the impact of the Force Majeure Event.

14.When Our Agreement Ends

14.1 Either Party may terminate this Agreement at any time by providing written notice of termination. In such event, you agree to pay us all outstanding Charges owing on the termination date, including, any arrear amounts.

14.2 In addition to clause 13.1, we may terminate this Agreement if:

(a) you are a Prepaid Customer and we have suspended your Services and following a further 90-day period, you have still failed to make a chargeable call or incurred a Charge;

(b) you breach this Agreement and you fail to correct that breach within 20 business days of being notified;

(c) you fail to make payment of Charges due to us;

(d) you become bankrupt, or insolvent, or any administrator is appointed to your business or assets, or you move to wind up your business;

(e) the network is no longer made available to us; and/or

(f) CITC orders us to withdraw your phone number.

14.3 If this Agreement is terminated, you must immediately pay all Charges owing to us as of the date of termination of the Agreement.

14.4 Upon cancellation, if you are in breach of this Agreement, we may retain any amount paid by you and stop or suspend providing the Services. This does not limit any other rights of either Party.

15.Liabilities

15.1 To the extent permitted by Law, we exclude all liability (whether for breach of contract, negligence or any other liability arising under or in relation to your use of the Website, Application, Products, and/or the Services)  to you or any other person for any costs, loss, expenses, or damage however caused and whether direct, indirect or consequential (including but not limited to loss of profit, loss of business, or loss of anticipated savings) and whether or not arising from or in connection with this Agreement, except to the extent that such liability can’t be excluded under the laws of the Kingdom of Saudi Arabia. We are also not liable to you for any loss of business, revenue, profits or anticipated savings, data being lost or corrupted, or any indirect or consequential loss suffered by you through use of, or the unavailability of, the Website, Application, Products, and/or the Services.

15.2 If any liability is imposed by law then, to the extent permitted, our liability to you arising from or in connection with this agreement will be limited, at our option, to: (i) in the case of Products and/or Applications, to repairing or replacing the goods or supplying equivalent Products and/or Applications or refunding you; or (ii) in the case of Services, to a refund of the Charges paid for such Services or supplying the Services again without additional cost.

15.3 You agree that we are not responsible for the security or privacy of the Website, Application, Products, and/or the Services and any information provided to through the Website, Application, Products, and/or the Services by you. You accept the risk associated with the use of the internet.

15.4 Whilst we will do our best to ensure that material included on the Website, Products, and/or the Application is correct, reputable and of high quality, we can’t accept responsibility if this is not the case. We won’t be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you might experience with the Website, Products, and/or the Application.

16.Intellectual Property Rights

16.1 You may not use our information or our Intellectual Property for any purpose without our written permission.

17.General

17.1 You agree to be bound by any amendments and additional terms and conditions that may be notified to you and/or on our Website from time to time. We may change the Terms and/or the terms and conditions of this Agreement, including the Charges related to any Product or Service, or withdraw any Product or Service offering, at any time and in any way. If any change is material and may affect you we will advise you. Any changes or modifications to these terms and conditions will be effective upon posting of the revisions. If you continue to use the Website, the Application, the Products and/or the Service after any change, you are deemed to have accepted the new terms and conditions.

17.2 You cannot transfer your account, this Agreement, your number or your SIM card to anyone else without our written consent. We can transfer, subcontract, or assign any of our rights and obligations and your account or contract at any time without your consent.

17.3 If any term of this Agreement is rendered invalid or unenforceable, the remainder of this Agreement will remain valid and effective.

17.4 Any indulgence we grant you, or extra time we allow you, does not affect our rights under this Agreement.

17.5 All notices relating to the Website, Application, Products, and/or the Services must be in writing and may be sent by email to an email address notified by you. We will assume that you received the email at the time of sending. You may email notices to us at membercare@virginmobile.sa.

18. Law and Jurisdiction

18.1 The Website, Application, Products, and/or the Services are controlled and operated in the Kingdom of Saudi Arabia. The Terms will be governed by the laws of the Kingdom of Saudi Arabia.

18.2 The Terms will be governed by the laws of the Kingdom of Saudi Arabia, and any disputes shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Saudi Arabia.

19. Definitions

In this Agreement:

Application means the Virgin Mobile application as well as the digital electronic communications service, that We and other third-party providers may provide to you from time to time and all other ancillary services;

Charges means our charges published by us from time to time that you must pay for using our Service including periodic charges, international roaming charges, charges passed to us for your usage by third parties, one-off charges like SIM activation and reactivation fees or charges to port your phone number to another provider;

CITC means the Communications and Information Technology Commission of Saudi Arabia;

Customer Services means our customer care telephone and social media service available to you, details of which are on our Website and in the Application;

Intellectual Property means, the copyrights, trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property which are owned by, licensed to, used and/or held by us on or in connection with our Website, Application, Products, Service or the Network;

Monthly Included Value means the usage allowance allocated to you in exchange for the Monthly Subscription that you must pay us;

Network means the digital mobile phone network and/or the wireless platform for internet service in Saudi Arabia that allows you to receive or use our Service;

Personal Information means any personal data relating to you and includes, but is not limited to, your name, address, bank account details, ID details (passport or national ID card), credit and debit card details, service usage details, call records, message records, account status, payment history and credit rating, and any information resulting from your use of the Website, Application, and/or Services;

Prepay or Prepaid Plan means a predetermined Monthly Included Value paid for in advance and which can be used for Services until the Monthly Included Value is consumed or expired;

Privacy Policy means the privacy policy available on the Website that governs your use of the Service

Product/s means the products that we may offer from time to time in connection with the Services, including any of SIM Cards, mobile devices, contracts, Prepay, Monthly Included Value, recharges, internet service and/or modems, and any combination of any of these;

Service(s) means the telecommunication services provided by us to you, including all Products, the Application, Prepay, value added services, digital electronic communications service, internet service and other electronic communications service as well as other additional related services that we and other third party providers provide to you over our Network from time to time and all ancillary services thereto;

Service Period means the period from a day of one month to the corresponding day of the next month if such exists, or if not, to the last day of the next month (as from 3 January to 3 February or from 31 January to 28 February;

SIM or SIM Card means the Subscriber Identity Module card containing your phone number and which is programmed to allow you access to our Service over the Network;

Subscription Credit Limit means the maximum credit that we will apply to your account based on your creditworthiness;

Unauthorised Traffic means a flow of calls for any particular Service which we believe is: (i) disproportionate to the flow or volume of calls which we expect from good faith commercial practice and usage of the Network; or (ii) disproportionate to your previous call profiles (in any given month) with us;

We, us, or our means Virgin Mobile Saudi Consortium LLC, its affiliates, subsidiaries or its successors-in-title;

Website means www.virginmobile.sa;

You, yours and/or your means you, the customer, who applies for access to and receives our Website, Application and/or Service.