This Purchase Agreement - T&Cs sets forth the conditions on which we will provide the services offered through the travelwifi.com website ("the Website"). This Purchase Agreement - T&C's is a contract between you and Fonmigo Ltd., registered no. 07267408, having its registered office at 326 Kensal Road, London, W10 5BZ, United Kingdom, branded as Travelwifi ("Company"), and covers all purchases made pursuant to this Website.
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions which form the contract between us and include the terms upon which you agree to purchase the Products ("the Contract"). We agree to sell to you, and you agree to buy from us from the date of this Contract on the following terms and conditions.
1.2. Why you should read them.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU SUBMIT ANY ORDER TO US.
These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms or require any changes, please contact us to discuss.
1.3. Are you a business customer or consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- you are an individual
- you are purchasing the Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase of the Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.5. Reference to the "Products" are to the Teppy powered by Sapphire, the pocket WiFi, User manual, Universal Adaptor, Travel Case, Smart Luggage Tag, Airtime and data.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Fonmigo Limited trading as Travelwifi and are a company registered in England and Wales. Our company registration number is 07267408 and our registered office is at 119 The Hub 300 Kensal Road, London, England, W10 5BE. Our registered VAT number is [107 7280 22].
2.2. How to contact us. You can contact us by telephoning our customer service team at 0203 3182523 or by writing to us at 119 The Hub 300 Kensal Road, London, England, W10 5BE or by email to support@travelwifi.com or directly on the website travelwifi.com
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.2. Your order number. We will assign an order number to your order and tell you what it is when we send you out the confirmation of Contract. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1. Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Your Product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
4.3. Use of the Products.
Until the Products are returned to us in accordance with clause 10 you will at your own expense:
4.3.1 ensure that the Products are used in accordance with manufacturer’s guidelines;
4.3.2 keep possession of the Products and not do anything or permit anything to be done which might prejudice our interest in the Products;
4.3.3 not use or permit the Products to be used in a manner contrary to or in violation of any applicable law or regulation;
4.3.4 not sell, assign, transfer, mortgage, charge or part with possession of, or otherwise deal with or dispose of the Products or any interest therein, nor agree to do so;
4.3.5 on being given reasonable notice, allow us and persons authorised by us to inspect the Products and give access for such purpose to such Products wheresoever they may be located;
4.3.6 keep the Products in good working order, condition and repair so far as you are able to do so; and
4.3.7 bear the risk of any loss or damage to the Products however it is caused and notify us immediately in writing if the Products are lost, damaged or confiscated.
4.4. Alterations to the Products. You must not make any alterations to the Products and no components shall be removed from the Products without our prior written consent. You agree that all substitutes, replacements, renewals and additions in or to the Products shall be or thereby become our property free from any encumbrance and subject to these terms and conditions.
4.5. Complaints If upon taking delivery of the Products you have any complaints, you must immediately notify us giving full details, and if such notification is not in writing, provide written confirmation as soon as possible afterwards.
4.6. Insurance. You must insure the Products comprehensively against any loss or damage from all risks and for their full replacement value from the date of our acceptance of our order until we confirm to you that we have safely received the Products back from you. You must pay punctually all premiums due in relation to such insurance. The insurances must be maintained with a reputable insurer. If you have to make an insurance claim you must tell us immediately in writing. You must not agree a settlement of a claim without our written permission. You must appoint us as your agent and authorise the insurance company to pay any settlement of claims on the Products to us. If you receive any proceeds from an insurance claim they shall be held on trust for us and paid to us without delay. You shall not do or omit to do anything which is contrary to the terms of any policy of insurance or which might entitle the insurers to cancel any policy or reduce or avoid any liability or claim.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the Products.
We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
6.2. More significant changes to the Products and these terms. We may make more significant changes to the Products but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not used.
6.3. Updates to digital content. We may update or require you to update digital content.
7. PURCHASE OF THE PRODUCTS
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website. You will be liable for all delivery costs including those charges connected with the return of the Products by you to us. If you fail to pay such costs, and we are compelled to pay them for you, you agree that you will reimburse us for such costs and your failure to do so will be deemed to be a breach of an essential condition of this Contract.
7.2. Delivery date of the Products. We will deliver the Products to you 14 days after you have entered into this Contract. You must allow at least 14 days between your entry into this Contract and your intended receipt of the Products unless you consent to receive the Products from us during your cancellation period (see clause 8.3). If you do request to receive the Products within 14 days of your entry into this Contract then you and we agree that we will treat this as your consent to receiving the Products within your cancellation period. If you should subsequently seek to cancel this Contract during this cancellation period then you may be liable to pay to us compensation and/or damages (see clause 10.3). If you cancel your subscription within three months of purchase, you will be charged for the cost of the device. We are not responsible for delays outside our control. If our supply of the Products to you 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refunds for any Products you have paid for but not used.
7.3. If you are not at the Designated Address when the Product is delivered. If no one is available at your Designated Address to take delivery and the Products are unable to be left safely at the Designated Address, then we will leave you a note to rearrange delivery or for you to collect the Products from a local delivery depot. If you do not collect the Products from the depot or if, after a failed delivery to you, you do not re-arrange delivery we may end the Contract and clause 10.2 of these terms and conditions will apply.
7.4. When you become responsible for the Products. A Product will be your responsibility from the time we deliver it to your Designated Address regardless of whether you are at the Designated Address at that time.
7.5. Acceptance of the Products. Upon delivery you will inspect the Products and satisfy yourself that they are in good working order and condition and meet your requirements. Unless you notify us of any faults, shortages or other defects in or issues with the Products within 5 days of the date of delivery of the Products, we shall be entitled to assume that they are complete, in good working order and condition, of satisfactory quality and meet your requirements. You may be asked to sign a Certificate of Acceptance which will be passed to us and relied upon by us as evidence that you were happy with the Products. This clause does not affect your statutory rights.
7.6. Reasons we may suspend the supply of the Products to you.
We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product (see clause 6).
7.7. Your rights if we suspend the supply of the Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 48 hours we will adjust the price so that you do not have to pay for the Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the Product in respect of the period remaining after you end the Contract.
7.8. We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid to us the outstanding amounts or end the Contract with you. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the sums due (see clause 14.7). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 14.6).
8. YOUR RIGHTS TO END THE CONTRACT
8.1. Terms on which you can end your Contract with us. Your rights when you end the Contract will depend on what you have purchased, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:
(a) if what you have purchased is faulty or mis-described you may have a legal right to end the Contract or to get the Product repaired or replaced or to get some or all of your money back, see clause 12 if you are a consumer and clause 13 if you are a business;
(b) if you want to end the Contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) if you are a consumer and have just changed your mind about the Product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the Products.
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind) see clause 8.4.
8.2. Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product, our fees or charges or changes to these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Products for technical reasons, or notify you that we are going to suspend the supply for technical reasons, in each case for a period of more than 48 hours; or
(e) you have a legal right to end the Contract because of something we have done wrong.
8.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days of your entry into this Contract. This 14 day period is known as your cooling-off period. If you exercise your right to cancel, and you have received the Products, you must return the Products to us immediately. You will be liable for the costs of the return and may also be liable for other costs (see clause 10.3). If you cancel your subscription within three months of purchase, you will be charged for the cost of the device.
8.4. Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind under clause 8.3 above, you can still end this Contract. This Contract will end within 30 days after the day on which you contact us to notify us that you wish for this Contract to end. Your cancellation rights will not apply in relation to any services that have been completed, even if the cancellation period is still running. If you cancel your subscription within three months of purchase, you will be charged for the cost of the device.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1. Tell us you want to end the Contract. To end this Contract with us, please let us know doing one of the following:
(a) Phone or email. Call customer services or email Travelwifi's Support team. Please provide your name, home address, Designated Address, details of the order and, where available, your phone number and email address.
10. RETURN OF THE PRODUCTS after you end the Contract.
10.1. Procedure for return. If you end this Contract for any reason after you have received the Products or after the Products have been dispatched to you you must return the Products to us within 5 days of your notice to us that you wish to end this Contract. You must post them back to us at our office address. If you are a consumer exercising your right to change your mind you must return the Products to us within 14 days of telling us you wish to end this Contract.
10.2. Costs of return. We will pay the costs of return:
(a) if the Products are faulty or misdescribed; or
(b) if you are ending Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances including where you are a consumer exercising your right to change your mind you must pay the costs of return.
10.3. Deductions from refunds if you are a consumer exercising your right to change your mind.
10.3.1. If you are exercising your right to change your mind and you are claiming a refund:
(a) we may reduce the value of your refund to reflect any reduction in the value of the Products, if this has been caused by your handling or using the Products in a way which would not be permitted in a shop. If we refund the price paid before we are able to inspect the Products and later discover you have handled or used them in an unacceptable way, you must pay to us an appropriate amount;
(b) we may deduct from any refund an amount to reflect your use of the Products before you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
10.3.2. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then the refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Product back to us.
11. OUR RIGHTS TO END THE CONTRACT
11.1. We may end the Contract if you breach it. We may end this Contract with you and/or, separately or together, the Product at any time if:
(a) you do not make any payment to us, including but not limited to any payment, when it is due and you still do not make payment within 7 days of our reminding you that payment is due;
(b) you do not, within a reasonable time of us asking you for it, provide us with information that is necessary for us to provide the Products, for example the Designated Address; and/or
(c) you do not, within a reasonable time, allow us to deliver the Products to you;
(d) you have provided any false or misleading information upon which we have relied when entering into this Contract with you;
(e) you become insolvent or enter into any arrangements with your creditors;
(f) you die;
(g) you breach or fail to comply with any of these terms and conditions.
11.2. You must compensate and indemnify us if you breach this Contract. If we end this Contract in the situations set out in clause 11.1. we may claim compensation from you and/or you agree to indemnify us for any costs we incur as a result of your breaching the terms of the Contract including any delivery costs, repair or replacement costs, refurbishment costs, repossession costs, collection costs, legal costs or other such costs that may result from your breach. This terms survives termination, expiry and/or any Court Judgment.
11.3. Mutual Termination: We may terminate this agreement by mutual agreement with you. Our agreement to terminate under this clause is subject to our absolute, but reasonable, discretion.
12. WARRANTIES AND EXCLUSION OF LIABILITY
12.1. You shall have no right, title or interest in the Products except, provided you have complied with your obligations hereunder, the right to quiet possession and use of the Products on these terms and conditions. We will remain the owner of the Products for the entirety of this Contract with you.
12.2. We exclude from this Contract all implied warranties, conditions or guarantees relating to the correspondence with description or sample, fitness for purpose or quality of the Products to the fullest extent permitted by law.
12.3. We will not have any liability to you (except for death or personal injury caused by our negligence), whether in Contract or in tort, for any loss (including consequential loss), damage or expense which you may suffer as a result of your use of the Products or entry into this Contract.
12.4. So far as we are legally entitled to do so, our liability to you will not exceed and shall be limited at all times to the total cost of the sums which you have paid to us under the terms of this Contract.
12.5. You warrant to us that if you are hiring the Products on behalf of an entity rather than for your own personal use, you are fully authorised to enter into this Contract on behalf of such entity and to bind such entity to the terms and conditions set forth in this Contract. If this warranty should fail for any reason, you confirm that you will take personal liability for the obligations set out within this Contract as if you personally had entered into it with us.
13. INDEMNITY
You shall indemnify us against all claims, liabilities, losses, damages, costs, fines, penalties and expenses incurred or suffered directly or indirectly by us, (except for injury or death caused by our negligence) in connection with this Contract or the Products including, without limitation, in relation to any Product or strict liability relating to the Products or any contravention of intellectual property rights.
14. PAYMENT
14.1. Price of the Product You agree to pay to us the price indicated on the order form when you placed your order at the time of your order. This will include subscription charges, service charges and usage charges as indicated on the order form. If you have opted for any extras these will also be included within the price of the Product which you must pay to us.
(a) Subscription charges: subscription charges will begin after your cancellation period has expired or if you have requested to receive the Products during the cancellation period from the date your Products are delivered to your Designated Address (see clause 7.5). We will write to you to confirm your entry into this Contract with us, when the Products will be delivered to you by sending to you an email to the email address you have provided in your order form. You must make the payments to us by debit card, credit card, Apple Pay or Paypal. If you cancel your subscription within three months of purchase, you will be charged for the cost of the device.
(b) Service charges:
14.2. Other fees, charges, interest or costs ("Charges"). You are responsible for any Charges which you may incur either as part of this Contract or in relation to your use or return of the Products. All current Charges which we can foresee are available on our website travelwifi.com If you incur any third party Charges arising out of your use of the Products or out of this Contract, then you shall be liable to pay such Charges directly to the third party to whom they are due. You and we agree that we are not liable for such Charges and you indemnify us in this regard. If we are compelled to pay these Charges on your behalf you expressly agree to reimburse us for such Charges.
14.3 How charges work.
(a) Pay-as-you-go. You will be charged for all usage on a weekly basis. Charges will be placed to the credit card or PayPal account used to place your order, but you can switch billing method at any time by getting in touch with us. Alternatively, you can choose to be charged on a pre-paid basis (meaning you pre-pay for day-passes in advance, and once you run out, your device will stop working). You can contact us to request this change.
(b) Subscription. Although you are charged for the first month of your subscription up-front upon purchase, your subscription period will only start the day you receive your device. You will be charged automatically thereafter every 30 days. You can contact us to cancel your subscription (i.e. switch to pay-as-you-go) at any time. If you cancel your subscription within three months of purchase, you will be charged for the cost of the device.
14.4. Loss, Damage or Theft. You are liable to pay to us any fees, costs or charges arising out of the loss, theft or damage to the Products and to pay to us an amount reflecting the cost of the lost, stolen or damaged Product(s) should you fail to be able to successfully rely on any insurance required by clause 4.6. The cost of each element of the Products are available on our website at https://www.travelwifi.com/rent These costs may be subject to change depending on legal or market changes but any such change will be reasonable. We will notify you should we update the costs of the Products following your entry into this Contract with us. If you are unhappy with the changes made you may end the Contract in accordance with clause 8.2 above.
14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15. GENERAL
15.1 If you consist of more than one person, each such person will be liable individually as well as together for the full extent of your commitments made under this Contract.
15.2 We shall be entitled to set-off against any amount due from us to you under this Contract or otherwise, any amount payable by you to us or any liability that you have to us under this Contract or any other contract or arrangement of whatsoever nature.
15.3 Any communication either party sends to the other will be assumed to have arrived:
15.3.1 two working days after it has been posted provided the communication is sent by first class post to the appropriate address set out in the order form or in this Contract or to any other address either party may give to the other In the course of this Contract; or
15.3.2 twenty-four hours after it is sent by email, provided the email is sent to the appropriate email address specified in the order form, this Contract or to any other email address either party may give to the other in the course of this Contract.
15.4 This Contract comprises the entire agreement between you and us and shall not be varied otherwise than by the written agreement from us.
15.5 No third party is our agent and no one has any authority to make any representations or to give any conditions or warranties on our behalf.
15.6 No delay or failure in our exercising any power or right under this Contract or grant of indulgence or forbearance shall operate as a waiver by us or in any way affect our rights under this Contract.
15.7 If any provision is held invalid, illegal or unenforceable then, to the extent permitted by law, the validity, legality and enforceability of the remaining provisions shall not be affected in any way.
15.8 You are not entitled to assign any of your rights or obligations under this Contract without our written consent. You acknowledge that we may assign our rights under this Contract to a third party.
15.9 This Contract is governed by English law and shall be subject to the jurisdiction of the English courts.
15.10 References in this Contract to statutes or regulations shall include such statutes or regulations as amended or re- enacted from time to time.
15.11 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
15.12 We operate a complaints handling procedure, a copy of which is available upon request and/or will be sent to you upon our acknowledgment of a complaint from you. This will be provided to you by us free of charge. If you have a complaint, we will investigate it and may give any redress to which we feel you are entitled.
16. DATA PROTECTION
Please read our Privacy Notice prior to entering into this Contract with us. If you have any questions about this Privacy Notice then you must immediately notify us of this by telephoning our customer service team at 0203 3182523 or by writing to us at 119 The Hub 300 Kensal Road, London, England, W10 5BE or by email to support@travelwifi.com and should not enter into this Contract. If you are unhappy about how your personal data has been used or anything else to do with how we have acted in relation to your personal data at any time please request a copy of our complaints policy. You also have a right to complain to the Information Commissioner's Office which regulates the handling of personal data. You can contact them by telephone on 0303 123 1113 or by post to Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Their website address is https://ico.org.uk
This Rental Agreement - T&Cs sets forth the conditions on which we will provide the services offered through the travelwifi.com website ("the Website"). This Rental Agreement - T&C's is a contract between you and Fonmigo Ltd., registered no. 07267408, having its registered office at 326 Kensal Road, London, W10 5BZ, United Kingdom, branded as Travelwifi ("Company"), and covers all rentals made pursuant to this Website.
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions which form the contract between us and include the terms upon which you agree to hire the Products ("the Contract"). We agree to hire to you, and you agree to hire from us, the Products for such Hire Period as we may agree but which will be no more than three months from the date of this Contract on the following terms and conditions.
1.2. Why you should read them.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU SUBMIT ANY ORDER TO US.
These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms or require any changes, please contact us to discuss.
1.3. Are you a business customer or consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- you are an individual
- you are hiring the Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your hire of the Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.5. Reference to the "Products" are to the Teppy, the pocket WiFi, User manual, Universal Adaptor, Travel Case, Smart Luggage Tag, Airtime and data.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Fonmigo Limited trading as Travelwifi and are a company registered in England and Wales. Our company registration number is 07267408 and our registered office is at 119 The Hub 300 Kensal Road, London, England, W10 5BE. Our registered VAT number is [107 7280 22].
2.2. How to contact us. You can contact us by telephoning our customer service team at 0203 3182523 or by writing to us at 119 The Hub 300 Kensal Road, London, England, W10 5BE or by email to support@travelwifi.com or directly on the website travelwifi.com
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.2. Your order number. We will assign an order number to your order and tell you what it is when we send you out the confirmation of Contract. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1. Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Your Product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
4.3. Use of the Products.
Until the Products are returned to us in accordance with clause 10 you will at your own expense:
4.3.1 ensure that the Products are used in accordance with manufacturer’s guidelines;
4.3.2 keep possession of the Products and not do anything or permit anything to be done which might prejudice our interest in the Products;
4.3.3 not use or permit the Products to be used in a manner contrary to or in violation of any applicable law or regulation;
4.3.4 not sell, assign, transfer, mortgage, charge or part with possession of, or otherwise deal with or dispose of the Products or any interest therein, nor agree to do so;
4.3.5 on being given reasonable notice, allow us and persons authorised by us to inspect the Products and give access for such purpose to such Products wheresoever they may be located;
4.3.6 keep the Products in good working order, condition and repair so far as you are able to do so; and
4.3.7 bear the risk of any loss or damage to the Products however it is caused and notify us immediately in writing if the Products are lost, damaged or confiscated.
4.4. Alterations to the Products. You must not make any alterations to the Products and no components shall be removed from the Products without our prior written consent. You agree that all substitutes, replacements, renewals and additions in or to the Products shall be or thereby become our property free from any encumbrance and subject to these terms and conditions.
4.5. Complaints If upon taking delivery of the Products you have any complaints, you must immediately notify us giving full details, and if such notification is not in writing, provide written confirmation as soon as possible afterwards.
4.6. Insurance. You must insure the Products comprehensively against any loss or damage from all risks and for their full replacement value from the date of our acceptance of our order until we confirm to you that we have safely received the Products back from you. You must pay punctually all premiums due in relation to such insurance. The insurances must be maintained with a reputable insurer. If you have to make an insurance claim you must tell us immediately in writing. You must not agree a settlement of a claim without our written permission. You must appoint us as your agent and authorise the insurance company to pay any settlement of claims on the Products to us. If you receive any proceeds from an insurance claim they shall be held on trust for us and paid to us without delay. You shall not do or omit to do anything which is contrary to the terms of any policy of insurance or which might entitle the insurers to cancel any policy or reduce or avoid any liability or claim.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the Products.
We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
6.2. More significant changes to the Products and these terms. We may make more significant changes to the Products but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not used.
6.3. Updates to digital content. We may update or require you to update digital content.
7. HIRING OF THE PRODUCTS
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website. You will be liable for all delivery costs including those charges connected with the return of the Products by you to us. If you fail to pay such costs, and we are compelled to pay them for you, you agree that you will reimburse us for such costs and your failure to do so will be deemed to be a breach of an essential condition of this Contract.
7.2. Hire Period.
7.2.1. When you place an order with us, we will ask you to designate an address ("Designated Address") to which you would like the Products delivered.
7.2.2. The period between your entry into this Contract and your Hire End Date ("Hire Period") must be no more than 3 months.
7.2.3. You and we agree that as the Hire Period will never be any more than 3 months there will be no hire agreement between us which is capable of subsisting for longer than 3 months and as such the hiring of the Products will fall outside of the regulation of the Consumer Credit Act 1974 ("CCA"). We both agree that you are therefore not entitled to rely on the provisions of the CCA, and we are not obliged to comply with the relevant provisions of the CCA. We both agree that we intend this Contract between us to be a short term unregulated hire transaction for three months or less.
7.2.4. As this Contract between us will expire in no more than 3 months, should you require any further hiring you will be required to enter into a new Contract with us.
7.3. Delivery date of the Products. We will deliver the Products to you 14 days after you have entered into this Contract. You must allow at least 14 days between your entry into this Contract and your intended receipt of the Products unless you consent to receive the Products from us during your cancellation period (see clause 8.3). If you do request to receive the Products within 14 days of your entry into this Contract then you and we agree that we will treat this as your consent to receiving the Products within your cancellation period. If you should subsequently seek to cancel this Contract during this cancellation period then you may be liable to pay to us compensation and/or damages (see clause 10.3). We are not responsible for delays outside our control. If our supply of the Products to you 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refunds for any Products you have paid for but not used.
7.4. If you are not at the Designated Address when the Product is delivered. If no one is available at your Designated Address to take delivery and the Products are unable to be left safely at the Designated Address, then we will leave you a note to rearrange delivery or for you to collect the Products from a local delivery depot. If you do not collect the Products from the depot or if, after a failed delivery to you, you do not re-arrange delivery we may end the Contract and clause 10.2 of these terms and conditions will apply.
7.5. When you become responsible for the Products. A Product will be your responsibility from the time we deliver it to your Designated Address regardless of whether you are at the Designated Address at that time until we have received the Product back from you in accordance with clause 10.1.
7.6. Acceptance of the Products. Upon delivery you will inspect the Products and satisfy yourself that they are in good working order and condition and meet your requirements. Unless you notify us of any faults, shortages or other defects in or issues with the Products within 5 days of the date of delivery of the Products, we shall be entitled to assume that they are complete, in good working order and condition, of satisfactory quality and meet your requirements. You may be asked to sign a Certificate of Acceptance which will be passed to us and relied upon by us as evidence that you were happy with the Products. This clause does not affect your statutory rights.
7.7. Reasons we may suspend the supply of the Products to you.
We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product (see clause 6).
7.8. Your rights if we suspend the supply of the Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 48 hours we will adjust the price so that you do not have to pay for the Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the Product in respect of the hire period remaining after you end the Contract.
7.9. We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid to us the outstanding amounts or end the Contract with you. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the sums due (see clause 14.7). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 14.6).
8. YOUR RIGHTS TO END THE CONTRACT
8.1. Terms on which you can end your Contract with us. Your rights when you end the Contract will depend on what you have hired, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:
(a) if what you have hired is faulty or mis-described you may have a legal right to end the Contract or to get the Product repaired or replaced or to get some or all of your money back, see clause 12 if you are a consumer and clause 13 if you are a business;
(b) if you want to end the Contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) if you are a consumer and have just changed your mind about the Product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the Products.
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind) see clause 8.4.
8.2. Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product, our fees or charges or changes to these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Products for technical reasons, or notify you that we are going to suspend the supply for technical reasons, in each case for a period of more than 48 hours; or
(e) you have a legal right to end the Contract because of something we have done wrong.
8.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days of your entry into this Contract. This 14 day period is known as your cooling-off period. If you exercise your right to cancel, and you have received the Products, you must return the Products to us immediately. You will be liable for the costs of the return and may also be liable for other costs (see clause 10.3).
8.4. Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind under clause 8.3 above, you can still end this Contract. This Contract will end within 30 days after the day on which you contact us to notify us that you wish for this Contract to end. Your cancellation rights will not apply in relation to any services that have been completed, even if the cancellation period is still running.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1. Tell us you want to end the Contract. To end this Contract with us, please let us know doing one of the following:
(a) Phone or email. Call customer services or email Travelwifi's Support team. Please provide your name, home address, Designated Address, details of the order and, where available, your phone number and email address.
10. RETURN OF THE PRODUCTS after you end the Contract or at the Hire End Date
10.1. Procedure for return. If you end this Contract for any reason after you have received the Products or after the Products have been dispatched to you or if you have reached the Hire End Date you must return the Products to us within 5 days of either the Hire End Date or of your notice to us that you wish to end this Contract. You must post them back to us at our office address. If you are a consumer exercising your right to change your mind you must return the Products to us within 14 days of telling us you wish to end this Contract.
10.2. Costs of return. We will pay the costs of return:
(a) if the Products are faulty or misdescribed; or
(b) if you are ending the hiring or Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances including where you are a consumer exercising your right to change your mind you must pay the costs of return.
10.3. Deductions from refunds if you are a consumer exercising your right to change your mind.
10.3.1. If you are exercising your right to change your mind and you are claiming a refund:
(a) we may reduce the value of your refund to reflect any reduction in the value of the Products, if this has been caused by your handling or using the Products in a way which would not be permitted in a shop. If we refund the price paid before we are able to inspect the Products and later discover you have handled or used them in an unacceptable way, you must pay to us an appropriate amount;
(b) we may deduct from any refund an amount to reflect your use of the Products before you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
10.3.2. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then the refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Product back to us.
10.4. Late return If you fail to return the Products to us within the time limit set out in these terms and conditions you will become liable to pay to us a fee in relation to this late return ("Late Return Fee"). This Late Return Fee is chargeable and accrues daily. Part of a day will be treated as a full day for these purposes. Our Late Return Fee is $9.95 per day per delays, up to a maximum of $300. This Late Return Fee is subject to change depending on legal or market changes but any such change will be reasonable. We will notify you should we update the Late Return Fee following your entry into this Contract with us.
11. OUR RIGHTS TO END THE CONTRACT
11.1. We may end the Contract if you breach it. We may end this Contract with you and/or, separately or together, the hiring of a Product at any time if:
(a) you do not make any payment to us, including but not limited to any hire payment, when it is due and you still do not make payment within 7 days of our reminding you that payment is due;
(b) you do not, within a reasonable time of us asking you for it, provide us with information that is necessary for us to provide the Products, for example the Designated Address; and/or
(c) you do not, within a reasonable time, allow us to deliver the Products to you;
(d) you have provided any false or misleading information upon which we have relied when entering into this Contract with you;
(e) you become insolvent or enter into any arrangements with your creditors;
(f) you die;
(g) you breach or fail to comply with any of these terms and conditions.
11.2. You must compensate and indemnify us if you breach this Contract. If we end this Contract in the situations set out in clause 11.1. we may claim compensation from you and/or you agree to indemnify us for any costs we incur as a result of your breaching the terms of the Contract including any delivery costs, repair or replacement costs, refurbishment costs, repossession costs, collection costs, legal costs or other such costs that may result from your breach. This terms survives termination, expiry and/or any Court Judgment.
11.3. Mutual Termination: We may terminate this agreement by mutual agreement with you. Our agreement to terminate under this clause is subject to our absolute, but reasonable, discretion.
12. WARRANTIES AND EXCLUSION OF LIABILITY
12.1. You shall have no right, title or interest in the Products except, provided you have complied with your obligations hereunder, the right to quiet possession and use of the Products on these terms and conditions. We will remain the owner of the Products for the entirety of this Contract with you.
12.2. We exclude from this Contract all implied warranties, conditions or guarantees relating to the correspondence with description or sample, fitness for purpose or quality of the Products to the fullest extent permitted by law.
12.3. We will not have any liability to you (except for death or personal injury caused by our negligence), whether in Contract or in tort, for any loss (including consequential loss), damage or expense which you may suffer as a result of your use of the Products or entry into this Contract.
12.4. So far as we are legally entitled to do so, our liability to you will not exceed and shall be limited at all times to the total cost of the sums which you have paid to us under the terms of this Contract.
12.5. You warrant to us that if you are hiring the Products on behalf of an entity rather than for your own personal use, you are fully authorised to enter into this Contract on behalf of such entity and to bind such entity to the terms and conditions set forth in this Contract. If this warranty should fail for any reason, you confirm that you will take personal liability for the obligations set out within this Contract as if you personally had entered into it with us.
13. INDEMNITY
You shall indemnify us against all claims, liabilities, losses, damages, costs, fines, penalties and expenses incurred or suffered directly or indirectly by us, (except for injury or death caused by our negligence) in connection with this Contract or the Products including, without limitation, in relation to any Product or strict liability relating to the Products or any contravention of intellectual property rights.
14. PAYMENT
14.1. Price of the Product You agree to pay to us the price indicated on the order form when you placed your order at the time of your order. This will include hire charges, service charges and usage charges as indicated on the order form. If you have opted for any extras these will also be included within the price of the Product which you must pay to us.
(a) Hire charges: hire charges will begin after your cancellation period has expired or if you have requested to receive the Products during the cancellation period from the date your Products are delivered to your Designated Address (see clause 7.5). We will write to you to confirm your entry into this Contract with us, when the Products will be delivered to you and your payment dates by sending to you an email to the email address you have provided in your order form. You must make the payments to us by debit card, credit card, Apple Pay or Paypal.
(b) Service charges:
14.2. Other fees, charges, interest or costs ("Charges"). You are responsible for any Charges which you may incur either as part of this Contract or in relation to your use or return of the Products. All current Charges which we can foresee are available on our website travelwifi.com If you incur any third party Charges arising out of your use of the Products or out of this Contract, then you shall be liable to pay such Charges directly to the third party to whom they are due. You and we agree that we are not liable for such Charges and you indemnify us in this regard. If we are compelled to pay these Charges on your behalf you expressly agree to reimburse us for such Charges.
14.3. Loss, Damage or Theft. Loss, Damage or Theft. You are liable to pay to us any fees, costs or charges arising out of the loss, theft or damage to the Products and to pay to us an amount reflecting the cost of the lost, stolen or damaged Product(s) should you fail to be able to successfully rely on any insurance required by clause 4.6. These costs may be subject to change depending on legal or market changes but any such change will be reasonable.
Charges break down as follows: $120 per Tep device, $30 per Tep battery, $15 per travel adapter, $10 per pouch, $20 per power bank and $5 per car charger. In the event that all Equipment is lost or damaged, the total charge payable is $200. Without extra equipment (power bank and car charger), the total charge is $175. Damaged equipment is defined as equipment that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked screen).
14.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15. GENERAL
15.1 If you consist of more than one person, each such person will be liable individually as well as together for the full extent of your commitments made under this Contract.
15.2 We shall be entitled to set-off against any amount due from us to you under this Contract or otherwise, any amount payable by you to us or any liability that you have to us under this Contract or any other contract or arrangement of whatsoever nature.
15.3 Any communication either party sends to the other will be assumed to have arrived:
15.3.1 two working days after it has been posted provided the communication is sent by first class post to the appropriate address set out in the order form or in this Contract or to any other address either party may give to the other In the course of this Contract; or
15.3.2 twenty-four hours after it is sent by email, provided the email is sent to the appropriate email address specified in the order form, this Contract or to any other email address either party may give to the other in the course of this Contract.
15.4 This Contract comprises the entire agreement between you and us and shall not be varied otherwise than by the written agreement from us.
15.5 No third party is our agent and no one has any authority to make any representations or to give any conditions or warranties on our behalf.
15.6 No delay or failure in our exercising any power or right under this Contract or grant of indulgence or forbearance shall operate as a waiver by us or in any way affect our rights under this Contract.
15.7 If any provision is held invalid, illegal or unenforceable then, to the extent permitted by law, the validity, legality and enforceability of the remaining provisions shall not be affected in any way.
15.8 You are not entitled to assign any of your rights or obligations under this Contract without our written consent. You acknowledge that we may assign our rights under this Contract to a third party.
15.9 This Contract is governed by English law and shall be subject to the jurisdiction of the English courts.
15.10 References in this Contract to statutes or regulations shall include such statutes or regulations as amended or re- enacted from time to time.
15.11 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
15.12 We operate a complaints handling procedure, a copy of which is available upon request and/or will be sent to you upon our acknowledgment of a complaint from you. This will be provided to you by us free of charge. If you have a complaint, we will investigate it and may give any redress to which we feel you are entitled.
16. DATA PROTECTION
Please read our Privacy Notice prior to entering into this Contract with us. If you have any questions about this Privacy Notice then you must immediately notify us of this by telephoning our customer service team at 0203 3182523 or by writing to us at 119 The Hub 300 Kensal Road, London, England, W10 5BE or by email to support@travelwifi.com and should not enter into this Contract. If you are unhappy about how your personal data has been used or anything else to do with how we have acted in relation to your personal data at any time please request a copy of our complaints policy. You also have a right to complain to the Information Commissioner's Office which regulates the handling of personal data. You can contact them by telephone on 0303 123 1113 or by post to Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Their website address is https://ico.org.uk
At Travelwifi, we believe that anyone who uses the internet should be fully aware of how their information is used - so we've put together this document to explain exactly how we approach handling your data.
Before you read it, the most important thing you need to know is this: your privacy is as important to us as it is to you. Giving us your personal details is an act of trust, and one that we take seriously. We will never show your details to anyone else, sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your prior and explicit consent.
What this policy covers
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you.
This Privacy Policy covers the information we collect about you when you use our products or services, or otherwise interact with us, unless a different policy is displayed. Travelifi, we and us refers to Fonmigo Ltd., based in the UK, operating under the brand Travewifi. We offer a wide range of products, and refer to all of these products, together with our other services and websites as "Services" in this policy.
This policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.
What information we collect about you
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
Information you provide to us
We collect information about you when you input it into the Services or otherwise provide it directly to us.
Account and Profile Information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. These include: Contact information, delivery information and billing information when you register for the Services.
Content you provide through our websites: Content you provide through our websites: We collect other content that you submit to our website, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.
Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Payment Information: We collect certain payment and billing information when you register for Services. For example, we ask you for name and contact information upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.
Information we collect automatically when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use and the links you click on.
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages and device identifiers. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services.
Cookies and Other Tracking Technologies: Travelwifi and our third-party partners, such as our advertising and analytics partners, use cookies and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognize you across different Services and devices. For more information, please see our Cookies and Tracking Notice, which includes information on how to control or opt out of these cookies and tracking technologies.
How we use information we collect
How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.
To provide the Services and personalize your experience: We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services.
To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services, including confirming your purchases, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email and by Travelwifi ads on other companies' websites and applications, as well as on platforms like Facebook and Google. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under "Opt-out of communications."
Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.
For safety and security: We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
Legal bases for processing (for EEA users): If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:
- We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
- You give us consent to do so for a specific purpose; or
- We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.
How we share information we collect
We want our Services to work well for you. This means sharing information with certain third parties. We share information we collect about you in the ways discussed below, but we are not in the business of selling information about you to advertisers or other third parties.
Sharing with third parties
We share information with third parties that help us operate, provide, support and market our Services.
Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
Travelwifi Partners: We work with third parties who provide logistics and customer service services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with delivery, billing and collections, to provide localized support. We may also share information with these third parties where you have agreed to that sharing.
Social Media Widgets: The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
Third-Party Widgets: Some of our Services contain widgets and social media features, such as the Twitter "tweet" button. These widgets and features collect your IP address, which page you are visiting on the Services, and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.
With your consent: We share information about you with third parties when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Tep, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
Sharing with affiliated companies
We may share or transfer information we collect under this privacy policy in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified via email and/or a prominent notice on the Services if a transaction takes place, as well as any choices you may have regarding your information. The protections of this privacy policy apply to the information we share in these circumstances.
How we store and secure information we collect
Information storage and security
We use data hosting service providers in the United States and Ireland to host the information we collect, and we use technical measures to secure your data.
While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
If you use our Services, responsibility for securing storage and access to the information you put into the Services rests with you and not Tep.
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Tep account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
Backups are stored for 30 days
How to access and control your information
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.
Your Choices:
You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the Services and using settings available within the Services or your account. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Access and update your information: Our Services give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
Deactivate your account: If you no longer wish to use our Services, you may be able to deactivate your Services account. If you can deactivate your own account, that setting is available to you in your account settings. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services. For more information on how to delete your information, see below.
Delete your information: You can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved.
Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.
Turn off Cookie Controls: Relevant browser-based cookie controls are described in the section "Cookies & Tracking Notice".
Send "Do Not Track" Signals: Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
How we transfer information we collect internationally
International transfers of information we collect
We collect information globally and primarily store that information in the United States and Ireland. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
International transfers to third parties: Some of the third parties described in this privacy policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share information of customers in the European Economic Area or Switzerland, we make use of European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer.
Cookies & Tracking Notice
Travel Wifi and our third party partners, such as our advertising and analytics partners, use various technologies to collect information, such as cookies and web beacons.
What types of technologies do we use?
We use cookies, web beacons and other technologies to improve and customize Services and your experience; to allow you to access and use the Services without re-entering your username or password; to understand usage of our Services and the interests of our customers; to determine whether an email has been opened and acted upon; and to present you with advertising relevant to your interests.
How do we use them?
Where strictly necessary: These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in.
For functionality: These cookies and similar technologies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.
For performance and analytics: These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics cookies to help us understand how visitors arrive at and browse our products and website to identify areas for improvement such as navigation, user experience, and marketing campaigns.
Targeting Cookies or Advertising Cookies: These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers.
Social media cookies: These cookies are used when you share information using a social media sharing button or "like" button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.
How can you opt-out?
To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Services. Travelwifi and our third-party partners also collect information using web beacons (also known as "tracking pixels"). Many browsers include their own management tools for removing HTML5 local storage objects. You may be able to opt out of receiving personalized advertisements as described in the Privacy Policy under "Your Choices." You will not be able to opt-out of any cookies or other technologies that are "strictly necessary" for the Services.
Other important privacy information
Our policy towards children
The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us.
Changes to our Privacy Policy
We may change this privacy policy from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by adding a notice on the Services homepages, login screens, or by sending you an email notification. We encourage you to review our privacy policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy.
If you disagree with any changes to this privacy policy, you will need to stop using the Services and deactivate your account(s), as outlined above.
Data Processing Agreement
This Data Processing Agreement ("Agreement") is incorporated by reference into Tep Wireless Terms of Service and entered into between Tep Wireless. and you (the "Controller"), and reflects the parties' agreement with regard to the Processing of Personal Data in accordance with the requirements of the Data Protection Laws (as defined herein).
Capitalized terms not otherwise defined herein shall have the meaning given to them in the Terms of Service for products and services between Tep Wireless and the Controller (the "Principal Agreement"). Except as modified below, the terms of the Principal Agreement shall remain in full force and effect.
Except where the context requires otherwise, references in this Agreement to the Principal Agreement are to the Principal Agreement as amended by, and including, this Agreement.
1.Definitions
1.1 In this Agreement, the following terms shall have the meanings set out below:
1.1.1 "Adequate Level of Protection" means a finding under the relevant Data Protection Laws that a transfer of personal data to a third country or an international organization may take place because the third country or international organization in question ensures an adequate level of protection by way of a certification (such as Privacy Shield), contract, or other legal act.
1.1.2 "Applicable Laws" means (a) European Union or Member State laws with respect to any Controller Personal Data in respect of which Controller is subject to EU Data Protection Laws; and (b) any other applicable law with respect to any Controller Personal Data in respect of which Controller is subject to any other Data Protection Laws;
1.1.3 "Controller Affiliate" means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Controller, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;
1.1.4 "Controller Personal Data" means any Personal Data Processed by a Contracted Processor on behalf of Controller;
1.1.5 "Contracted Processor" means Tep Wireless or a Subprocessor;
1.1.6 "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.7 "EEA" means the European Economic Area;
1.1.8 "EU Data Protection Laws" means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.9 "GDPR" means EU General Data Protection Regulation 2016/679;
1.1.10 "Privacy Shield" means the EU-U.S. and SWISS-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.
1.1.11 "Restricted Transfer" means:
1.1.11.1 a transfer of Controller Personal Data from Controller to a Contracted Processor; or
1.1.11.2 an onward transfer of Controller Personal Data from a Contracted Processor to a Contracted Processor, or between two establishments of a Contracted Processor,
in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws) in the absence of an Adequate Level of Protection;
1.1.12 "Services" means the services and other activities to be supplied to or carried out by or on behalf of Tep Wireless for Controller; and
1.1.13 "Subprocessor" means any person (including any third party, but excluding an employee of Tep Wireless or any of its sub-contractors) appointed by or on behalf of Tep Wireless to Process Personal Data on behalf of Controller.
1.2 The terms, "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing" and "Supervisory Authority" shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2.Details of the Processing
2.1
Categories of Data Subjects.
The Data Subjects are Controller's End Users who purchase products and/or services from Controller or submitted a review via the onsite reviews widget that is installed on the Controller website, and the Controller's employees.
2.2
Types of Personal Data.
The Personal Data processed is name, email address, telephone number, email data, system usage data, location data (physical address, IP address), and other electronic data submitted, stored, sent, or received by the Data Subjects.
2.3
Subject Matter and Nature of Processing.
The Subject Matter of Processing the Personal Data is the provision of services to the Controller that requires the Processing of Personal Data as set forth in the Principal Agreement.
2.4
Purpose of Processing.
Personal Data will be processed for purposes of providing the services set forth in a Principal Agreement between Tep Wireless and the Controller.
2.5
Duration of Processing.
The Personal Data will be processed for the duration of the Principal Agreement.
2.6
Subprocessors.
Travelwifi may share End-Users personal information with some or all of the following Tep Wireless partners, as described below, depending upon which functions you enable:
- AWS – to host back ups
- Google Gdocs – to process and track order data.
- Linode – to host our website
- Stripe – to process customer payments
- Paypal – to process customer payments
- Twilio – to allow SMS messaging
- Mailchimp – used for email marketing
- GetAmbassador – used for referral scheme; both referrer and referee
- Ingram Micro – fulfilment and logistics
- Yotpo – website feedback system
- Imaginary Cloud – website development
- Hotjar – user feedback and website tracking
3. Processing of Controller Personal Data
3.1 Tep Wireless shall:
3.1.1 comply with all applicable Data Protection Laws in the Processing of Controller Personal Data; and
3.1.2 not Process Controller Personal Data other than on the relevant Controller's written instructions unless Processing is required by Applicable Laws to which the relevant Contracted Processor is subject, in which case Tep Wireless shall to the extent permitted by Applicable Laws inform the relevant Controller of that legal requirement before the relevant Processing of that Personal Data.
3.2 Controller:
3.2.1 instructs Tep Wireless (and authorizes Tep Wireless to instruct each Subprocessor) to:
3.2.1.1 Process Controller Personal Data; and
3.2.1.2 in particular, transfer Controller Personal Data to approved countries in accordance with this Agreement, as reasonably necessary for the provision of the Services and consistent with the Principal Agreement; and
3.2.2 warrants and represents that it is and will at all relevant times remain duly and effectively authorised to give the instruction set out in section 3.2.1 on behalf of each relevant Controller Affiliate.
3.2.1
on behalf of each relevant Controller Affiliate.
4. Tep Wireless Personnel
Tep Wireless shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Controller Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Controller Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual's duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
5. Security
5.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Tep Wireless shall in relation to the Controller Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
5.2 In assessing the appropriate level of security, Tep Wireless shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
6. Subprocessing
6.1 Controller authorizes Tep Wireless to appoint (and permit each Subprocessor appointed in accordance with this section 6 to appoint) Subprocessors in accordance with this section 6 and any restrictions in the Principal Agreement.
6.2 Tep Wireless may continue to use those Subprocessors already engaged by Tep Wireless as at the date of this Agreement, which are set forth in 2.6 above, which Processor may update from time to time, subject to Controller's prior written approval.
6.3 Tep Wireless shall give Controller prior written notice of the appointment of any new Subprocessor, including full details of the Processing to be undertaken by the Subprocessor. If, within ten days of receipt of that notice, Controller notifies Tep Wireless in writing of any objections (on reasonable grounds) to the proposed appointment:
6.3.1 Tep Wireless shall work with Controller in good faith to make available a commercially reasonable change in the provision of the Services which avoids the use of that proposed Subprocessor; and
6.4 With respect to each Subprocessor, Tep Wireless shall:
6.4.1 before the Subprocessor first Processes Controller Personal Data (or, where relevant, in accordance with section 6.2), carry out adequate due diligence to ensure that the Subprocessor is capable of providing the level of protection for Controller Personal Data required by the Principal Agreement;
6.4.2 ensure that the arrangement between on the one hand (a) Tep Wireless, or (b) the relevant intermediate Subprocessor; and on the other hand the Subprocessor, is governed by a written contract including terms which offer at least the same level of protection for Controller Personal Data as those set out in this Agreement and meet the requirements of article 28(3) of the GDPR;
6.4.3 if that arrangement involves a Restricted Transfer, ensure that an Adequate Level of Protection exists before the Subprocessor first Processes Controller Personal Data; and
6.4.4 provide to Controller for review such copies of the Contracted Processors' agreements with Subprocessors (which may be redacted to remove confidential commercial information not relevant to the requirements of this Agreement) as Controller may request from time to time.
6.5 Tep Wireless shall ensure that each Subprocessor performs the obligations under sections 3.1, 4, 5, 7.1, 8.2, 9 and 11.1, as they apply to Processing of Controller Personal Data carried out by that Subprocessor, as if it were party to this Agreement in place of Tep Wireless.
6.6 Controller acknowledges and agrees that Tep Wireless has appointed Amazon Web Services as a Subprocessor for cloud storage of data.
7. Data Subject Rights
Taking into account the nature of the Processing, Tep Wireless shall assist Controller by implementing appropriate technical and organizational measures to respond to requests to exercise Data Subject rights under the Data Protection Laws.
8. Personal Data Breach
8.1 Tep Wireless shall notify Controller without undue delay upon Tep Wireless or any Subprocessor becoming aware of a Personal Data Breach affecting Controller Personal Data
8.2 Tep Wireless shall co-operate with Controller and take such reasonable commercial steps as are directed by Controller to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
9. Data Protection Impact Assessment and Prior Consultation
Tep Wireless shall provide reasonable assistance to Controller with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Controller reasonably considers to be required of Controller by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Controller Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
10. Deletion or return of Controller Personal Data
10.1 Subject to sections
10.2
and
10.3
Tep Wireless shall within 45 of the date of cessation of any Services involving the Processing of Controller Personal Data(the "Cessation Date"), return or delete all copies of those Controller Personal Data.
10.2 Subject to section
10.3
, Controller may in its absolute discretion by written notice to Tep Wireless within 45 days of the Cessation Date require Tep Wireless to (a) return a complete copy of all Controller Personal Data to Controller by secure file transfer in such format as is reasonably notified by Controller to Tep Wireless; and (b) delete and procure the deletion of all other copies of Controller Personal Data Processed by any Contracted Processor. Tep Wireless shall comply with any such written request within 45 of the Cessation Date.
10.3 Each Contracted Processor may retain Controller Personal Data to the extent required by Applicable Laws and only to the extent and for such period as required by Applicable Laws and always provided that Tep Wireless shall ensure the confidentiality of all such Controller Personal Data and shall ensure that such Controller Personal Data is only Processed as necessary for the purpose(s) specified in the Applicable Laws requiring its storage and for no other purpose.
10.4 Tep Wireless shall provide written certification to Controller that it has fully complied with this section
10
within 60 days of the Cessation Date.
11. Audit rights
11.1 Subject to section 11.2, Tep Wireless shall make available to Controller on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by Controller or an auditor mandated by Controller in relation to the Processing of the Controller Personal Data by the Contracted Processors.
11.2 Information and audit rights of the Controller only arise under section
11.1
to the extent that the Principal Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law (including, where applicable, article 28(3)(h) of the GDPR).
11.3 Controller or the relevant Controller Affiliate undertaking an audit shall give Tep Wireless reasonable notice of any audit or inspection to be conducted under section
11.1
and shall make (and ensure that each of its mandated auditors makes) reasonable endeavors to avoid causing (or, if it cannot avoid, to minimize) any damage, injury or disruption to the Contracted Processors' premises, equipment, personnel and business while its personnel are on those premises in the course of such an audit or inspection. A Contracted Processor need not give access to its premises for the purposes of such an audit or inspection:
11.3.1 to any individual unless he or she produces reasonable evidence of identity and authority;
11.3.2 outside normal business hours at those premises, unless the audit or inspection needs to be conducted on an emergency basis and Controller or the relevant Controller Affiilate undertaking an audit has given notice to Tep Wireless that this is the case before attendance outside those hours begins; or
11.3.3 for the purposes of more than one audit or inspection, in respect of each Contracted Processor, in any calendar year, except for any additional audits or inspections which:
11.3.3.1 Controller or the relevant Controller Affiliate undertaking an audit reasonably considers necessary because of genuine concerns as to Tep Wireless compliance with this Agreement; or
11.3.3.2 Controller is required or requested to carry out by Data Protection Law, a Supervisory Authority or any similar regulatory authority responsible for the enforcement of Data Protection Laws in any country or territory, where Controller or the relevant Controller Affiliate undertaking an audit has identified its concerns or the relevant requirement or request in its notice to Tep Wireless of the audit or inspection.
12. General Terms
Governing law and jurisdiction
12.1 Without prejudice to clauses 7 (Mediation and Jurisdiction) and 9 (Governing Law):
12.1.1 the parties to this Agreement hereby submit to the venue stipulated in the Principal Agreement with respect to any disputes or claims howsoever arising under this Agreement, including disputes regarding its existence, validity or termination or the consequences of its nullity; and
12.1.2 this Agreement and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of the country or territory stipulated for this purpose in the Principal Agreement.
Order of precedence
12.2 Nothing in this Agreement reduces Tep Wireless obligations under the Principal Agreement in relation to the protection of Personal Data or permits Tep Wireless to Process (or permit the Processing of) Personal Data in a manner which is prohibited by the Principal Agreement.
12.3 Subject to section 12.2, with regard to the subject matter of this Agreement, in the event of inconsistencies between the provisions of this Agreement and any other agreements between the parties, including the Principal Agreement and including (except where explicitly agreed otherwise in writing, signed on behalf of the parties) agreements entered into or purported to be entered into after the date of this Agreement, the provisions of this Agreement shall prevail.
Changes in Data Protection Laws, etc.
12.4 Controller may propose any other variations to this Agreement which Controller reasonably considers to be necessary to address the requirements of any Data Protection Law.
12.5 If Controller proposes variations under section 12.4, the parties shall promptly discuss the proposed variations and negotiate in good faith with a view to agreeing and implementing those or alternative variations designed to address the requirements identified in Controller's notice as soon as is reasonably practicable.
12.6 Neither Controller nor Tep Wireless shall require the consent or approval of any Controller Affiliate to amend this Agreement pursuant to this section 12 or otherwise.
Severance
12.7 Should any provision of this Agreement be invalid or unenforceable, then the remainder of this Agreement shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties' intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
Contact Us
Your information is controlled by Fonmigo Ltd. If you have questions or concerns about how your information is handled, please direct your inquiry to Fonmigo Ltd., which we have appointed to be responsible for facilitating such inquiries,
Fonmigo Ltd. DBA Travelwifi
Unit 217, 222 Kensal Road,
London W10 5BN, UK
Email:
support@travelwifi.com