General Terms and Conditions
Thank you for visiting this Website (the “Site”) presented to you by Virgin Mobile Kuwait (“we”, “our”, or “us”). These general terms and conditions (“Terms”) govern your (“you” or “your”) access to, and use of, the Site, which also includes any online or mobile websites, e-auction website, auction portal, and any services, applications or digital services owned, operated or offered by, on behalf of, or in conjunction with Virgin Mobile Kuwait or its affiliates, including any online or mobile website, application or digital service installation (collectively, the “Service(s)”) through which these Terms appear.
We encourage you to read these Terms carefully. These Terms apply to your access to and use of the Site, and do not alter in any way the terms or conditions of any other agreement you may have with Virgin Mobile Kuwait for Services.
You can subscribe to the Services through the Site (either directly or via the Virgin Mobile Kuwait application downloaded on your mobile device from the relevant app store). We will engage with you through the Site, including for payments, electronic pins, and customer support.
Your Account and Login Information
To enable you to use the Site and Services, you are required to create an account (“Account”) and choose a username, password or personal identification number (PIN) and/or a one time password (OTP) (collectively, “Login Information”). The Login Information will be used to identify you whenever you access your Account, the Site or Services.
You are solely responsible for the security of your Account and Login Information. When creating your Login Information you should take care not to choose a word or number that may be guessed by anyone trying to access the Site or Services pretending to be you. If you discover or suspect that your Account or Login Information is breached, you must change your Login Information through the Site as soon as possible and notify us.
Your Agreement With Us
- When using the Site, Services, and your Account, you agree:
- Not to allow anyone else to operate your Account on your behalf.
- Not to engage in any illegal, unlawful or improper act or purpose.
- Not to sell, re-sell, or commercially exploit our Services in any way.
- Not to upload or transmit through the Site and/or the Services any material which is defamatory, offensive, of an obscene character or any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
- To comply with all relevant and applicable laws and regulations in Kuwait.
- To comply with all of the Terms.
- To follow our reasonable instructions and requests.
If you fail to comply with any of your responsibilities under this Agreement then we won’t be held responsible for any delay or failure to provide the Services.
The Services provided are subject to the rules and regulations of the Communication and Information Technology Regulatory Authority (“CITRA”) in Kuwait (www.citra.gov.kw).
Factors outside of our control can affect the quality and availability of the Services. For example, weather, weak signals, unexpected damage, maintenance, upgrades to the network. Where possible, we will advise you in advance of any interruptions or unavailability.
You are responsible for all Charges which result from accessing the internet, other data networks, websites, resources, software or content through the Services. Such access shall be at your own risk and we will not be responsible for any content that is accessed unless we are providing the content.
You can activate your SIM and choose a new number using the Site. You can also transfer your existing number or port-in from your existing telecom provider if allowed. If you are allowed to port-in then you agree to provide us with full and accurate information we request from you to facilitate the port-in. Please remember that you are still responsible for all outstanding charges due to your previous telecom provider for any services they provided to you.
We reserve the right to change, withdraw, suspend or re-assign your phone number if required by law, by CITRA, if your account is closed, or if you fail to pay any outstanding Charges (including any early termination charges) to us or to your previous telecom provider if you choose to port-in.
We will take all reasonable measures to ensure the security of your communications within the limits of all applicable laws and regulations. For reasons beyond our control however, we can’t promise or guarantee that your communications will be completely secure. You must keep any PIN and password allocated to you secure and not disclose it to anybody else. Any and all use of your PIN or password may incur Charges to you.
If you choose to have your SIM pack delivered to you, we will do our best to deliver it to you on time but we have no liability whatsoever for delayed delivery or non-delivery. Should you experience any problems in having your SIM pack delivered, please contact our Customer Care through the Site or call us at 156. We are always happy to help.
If you cancel a delivery request or misuse the delivery service, Charges may apply to subsequent delivery requests and these details may be stored for future payments.
A credit assessment and/or a fraud check may be carried out based on the information you give us when you subscribe for the Services. We will charge you for the Services when you first subscribe and where applicable, again on the renewal of the Service at the beginning of each Service Period through your preferred mode of payment.
Should a payment fail we reserve the right to continue trying to execute the payment for a limited number of days using the different payment methods available. For example, if your wallet/account balance is zero, we will try to charge your registered credit or debit card.
We are not responsible for any delays or rejections of your payments or payment processing due to insufficient funds in your account or payment method, in case of suspicion of fraudulent payment, or for any other reasons beyond our control. We reserve the right to reject a sale or purchase of Products through the Site in the event we detect any pricing errors for the Products.
Once you download the App, you can design a recurring prepaid mobile package, including local minutes and data that suits your needs (“Permanent Offer”).
The Permanent Offer auto renews on the corresponding day of the next Service Period, and is charged as per the specific terms of the prepaid mobile package you choose (i.e. on a monthly, 3 monthly, 6 monthly or 12 monthly basis).
No balances/benefits are carried forward after the expiry of each Service Period and any unused balance/benefits (MB or mins) will lapse, unless otherwise stated by us.
You cannot buy more than one Permanent Offer per SIM at the same time.
You may upgrade and/or downgrade the Permanent Offer depending on the type of Permanent Offer you choose. Any upgrades and/or downgrades will only come into effect at the time of the monthly renewal of the Permanent Offer.
If you run out of minutes, the standard tariff will apply and any Charges while using minutes on the standard tariff will be deducted from your core balance/ wallet. If your core balance/ wallet is empty, you will not be able to make calls.
You have the option of buying a voice bundle/booster and it will be added to your minutes balance for that month.
You also have the option of buying a data bundle/booster and it will be added to your data balance for that month and you agree to our strict NBNB (“No Bundle No Browsing”) policy. This means we will not charge you unexpectedly for browsing, and you will need to subscribe to a data bundle/booster from the App or Website in order to continue using the data Services.
Unless otherwise stated by us, bundles/boosters will expire at the time of the monthly renewal of the Permanent Offer. You cannot carry forward any remaining balance after the expiry of the bundle/booster and any unused balance will be lost.
We can increase your Charges at any time. If we do, we’ll give you at least 30 days’ notice. If you don’t accept the new Charges, you can terminate this Agreement and the Services in accordance with the Terms and without liability provided that you notify us that you want to terminate within the same 30 day notice period.
If you choose a pre-set Prepaid Plan you will need to recharge your account to use our Services.
If you have a zero balance, others can call you but you cannot make any calls, or use other Services, except to call our Customer Services at 156 or emergency services at 112.
If you do not use the Service or recharge your SIM for 90 continuous days, your SIM may be closed and your phone number reassigned.
We will deduct Charges from your Prepay account according to usage.
Charges, Payment and VAT
By signing up to the Services, you agree that we can charge you in line with the terms and conditions as set out in the Website and/or App. We will charge you for all Services and/or Products used.
Our prices and tariffs are available on our Website, the App, in-store and/or from Customer Service.
If any of the Services or Products are taxable, the Charges related to them will be exclusive of any applicable value added tax (“VAT”) as may be chargeable and you agree to pay any such VAT in addition to the Charges when the payment is made.
You can register and login to the Application via two methods: first, via a federated login through Facebook, Google, or Twitter, or alternatively you can create your own account directly on the Application by filling out the required details.
By agreeing to login with your Google, Facebook or Twitter account, you consent that we may access and use your name, email address, profile picture and your public information posted to your Google, Facebook or Twitter account. We may provide Google, Facebook or Twitter with telemetry data such as the device id and information that you are providing on the Application, which may be used by Google, Facebook or Twitter for their digital marketing campaigns.
If you do not consent to this transfer of information, you can create your account directly in the Application and still enjoy the services.
Copyright and License
All copyrighted and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection and arrangement thereof (collectively, “Materials”) are ALL RIGHTS RESERVED and copyright of Virgin Mobile Kuwait and/or its licensors.
We grant you a limited license to make personal use only of the Materials for your information purposes only. This license is subject to these Site Terms, and does not include the right to: (a) use the Site or Materials other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Site or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Virgin Mobile Kuwait or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Trade Marks and Service Marks
“Virgin Mobile”, “Virgin Mobile Kuwait”, “virginmobile.com.kw,” and Virgin Mobile Kuwait logos are trademarks, service marks or registered trademarks of Virgin Mobile Kuwait or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Virgin Mobile Kuwait or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without Virgin Mobile Kuwait’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Virgin Mobile Kuwait, and may not be copied, imitated, or used, in whole or in part, without Virgin Mobile Kuwait’s prior written permission. All other Virgin Mobile Kuwait names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Virgin Mobile Kuwait.
Acceptable Use of Service Policy
You agree to use our Services at all times in accordance with our Acceptable Use of Service Policy here.
Your Personal Information
You agree to provide all information and complete all documentation, including in relation to identification, legitimation and billing details, which we, our third- party service providers, or CITRA might require to perform this Agreement.
CITRA requires Personal Information such as your ID, full name, address, contact information and/or your banking details. We need this information for your account set up; credit-checking; to comply with the Law; to inform you about new Products; and/or to provide the best service. You agree to provide us with the requested Personal Information. You must keep us informed of any changes in your Personal Information. You agree that the Personal Information you provide to us is accurate and true and correct at the time it is provided and will be kept up to date. If you don’t keep your Personal Information up to date (which could include passport expiry dates), we might have to end your Service.
You must keep your Personal Information up to date and tell us immediately if it changes. If you do not keep your personal information up to date, or you fail to provide it to us (including your Kuwait or GCC identification expiry date), we may have to suspend or end your Service with us.
Marketing Communication and Promotional Offers
Unless you notify us otherwise, you agree to receive promotional and other marketing material and important messages and information about your account, the Services, Website, Application, Products, and/or Network or, if required, by law.
Availing of, purchasing and/or otherwise accepting an Offer means that you unconditionally understand and accept the terms of the Offer, as published by us on our Website, App(s) or otherwise, from time to time. We reserve the right to amend the terms of an Offer or to withdraw an Offer at any time.
Certain Offers may renew automatically, in which case your preferred payment method will be charged automatically and/or otherwise in accordance with the terms of that Offer as directed by us from time to time. If You wish to unsubscribe and terminate an Offer, refer to the instructions in the terms.
General Queries or Complaints
If you have a general query or complaint please contact us through our Contact us page or call Customer Services at 156.
You must file any complaint on errors in any invoice no later than 30 days from the date of your Bill.
You must pay the undisputed Bills for the Services you use during the complaint handling period.
If we are unable to resolve your complaint after 3 working days, you have the right to refer your complaint to CITRA (www.citra.gov.kw).
Suspending or Disconnecting Services
We may suspend or disconnect all or any Services at any time if the Network needs urgent maintenance or upgrading.
We may suspend, cancel or block your access to the Website, Application, Products, and/or Service if you (i) breach this Agreement or the Terms; or (ii) damage or abuse the Services, Application, Products, and/or the Network; or (iii) abuse or threaten our staff; or (iv) provide information that is false or misleading; or (v) if you don’t use the Services or Products within a 90-day period; or (vi) exceed your Subscription Credit Limit; or (vii) cause harassment, disturbance or harm to others; or (viii) if you fail to pay any Charges when they are due; or (xi) we believe you’re using the Services, the Application, and/or the Products in a way we don’t allow under this Agreement; or (x) we suspect fraud or illegal use or activity associated with your Services, payments, SIM pack or mobile number, or where We suspect Unauthorised Traffic; or (xi) you fail to update your identification information after any expiration dates have passed; or (xii) we are instructed to do so by any governmental authority or if required by law.
If We suspend, cancel or block your access to the Website, Application, Products and/or the Service due to circumstances described in this paragraph, we won’t provide you with any notice. In all other circumstances, we’ll do our best to provide you with 30 days’ prior notice.
You may request that we suspend your Services, for example, if you have lost your mobile device or it has been stolen. You must pay all outstanding Charges prior to suspension.
You can cancel or simply stop using the Website, Products and/or Application at any time. You can also terminate the Services or a particular offer at any time and this will only be effective at the expiry of the current Service Period. Early cancellation charges could apply, in addition to any outstanding Charges payable by you to us. After cancelling your Services, it is up to you to cancel any payment arrangements which have been set up with third parties such as your bank.
You agree to pay us all reasonable costs and expenses we incur (including any applicable reconnection) if we suspend the Services because of something you’ve done or failed to do. You will remain liable for all Charges incurred during any period we suspend the Services.
You can still make calls to emergency services during suspension.
Third Party Links
Our Website and/or the Application might include links to other websites or material which are beyond our control. We aren’t responsible for these websites or material nor do we review or endorse them. We aren’t liable (directly or indirectly) for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
We are not liable for any delay or default in performance under this Agreement if it is caused by an event reasonably beyond our control, including but not limited to natural disasters, civil insurrection, war, accident, act of God, a direction of any sort by CITRA, or delay, failure or default our suppliers or the Network operator (“Force Majeure Event”).
You are responsible for the payment of all Charges under this Agreement during a Force Majeure Event. We will do what we reasonably can to minimise the impact of the Force Majeure Event.
When Our Agreement Ends
Either Party may terminate this Agreement at any time by providing written notice of termination. In such event, you agree to pay us all outstanding Charges owing on the termination date, including, any arrear amounts.
We may also terminate this Agreement if:
- you are a Prepaid Customer and we have suspended your Services and following a further 90-day period, you have still failed to make a chargeable call or incurred a Charge;
- you breach this Agreement and you fail to correct that breach within 30 days of being notified;
- you fail to make payment of Charges due to us;
- you become bankrupt, or insolvent, or any administrator is appointed to your business or assets, or you move to wind up your business;
- the network is no longer made available to us; and/or CITRA orders us to withdraw your phone number.
If this Agreement is terminated, you must immediately pay all Charges owing to us as of the date of termination of the Agreement.
Upon cancellation, if you are in breach of this Agreement, we may retain any amount paid by you and stop or suspend providing the Services. This does not limit any other rights of either Party.
To the extent permitted by Law, we exclude all liability (whether for breach of contract, negligence or any other liability arising under or in relation to your use of the Website, Application, Products, and/or the Services) to you or any other person for any costs, loss, expenses, or damage however caused and whether direct, indirect or consequential (including but not limited to loss of profit, loss of business, or loss of anticipated savings) and whether or not arising from or in connection with this Agreement, except to the extent that such liability can’t be excluded under the laws of the State of Kuwait. We are also not liable to you for any loss of business, revenue, profits or anticipated savings, data being lost or corrupted, or any indirect or consequential loss suffered by you through use of, or the unavailability of, the Website, Application, Products, and/or the Services.
If any liability is imposed by law then, to the extent permitted, our liability to you arising from or in connection with this agreement will be limited, at our option, to: (i) in the case of Products and/or Applications, to repairing or replacing the goods or supplying equivalent Products and/or Applications or refunding you; or (ii) in the case of Services, to a pro-rated refund of the Charges paid for such Services or supplying the Services again without additional cost.
You agree that we are not responsible for the security or privacy of the Website, Application, Products, and/or the Services and any information provided through the Website, Application, Products, and/or the Services by you. You accept the risk associated with the use of the internet.
Whilst we will do our best to ensure that material included on the Website, Products, and/or the Application is correct, reputable and of high quality, we can’t accept responsibility if this is not the case. We won’t be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you might experience with the Website, Products, and/or the Application.
Intellectual Property Rights
You may not use our information or our Intellectual Property for any purpose without our written permission.
You agree to be bound by any amendments and additional terms and conditions that may be notified to you and/or on our Website or through the Application from time to time. We may change the Terms and/or the terms and conditions of this Agreement, including the Charges related to any Product or Service, or withdraw any Product or Service offering, at any time and in any way. If any change is material and may affect you we will advise you. Any changes or modifications to these terms and conditions will be effective upon posting of the revisions. If you continue to use the Website, the Application, the Products and/or the Service after any change, you are deemed to have accepted the new terms and conditions.
You cannot transfer your account, this Agreement, your number or your SIM card to anyone else without our written consent. We can transfer, subcontract, or assign any of our rights and obligations and your account or contract at any time without your consent.
If any term of this Agreement is rendered invalid or unenforceable, the remainder of this Agreement will remain valid and effective.
Any indulgence we grant you, or extra time we allow you, does not affect our rights under this Agreement.
All notices relating to the Website, Application, Products, and/or the Services must be in writing and may be sent by email to an email address notified by you. We will assume that you received the email at the time of sending. You may email notices to us at [email protected].
Law and Jurisdiction
The Website, Application, Products, and/or the Services are controlled and operated in the State of Kuwait. The Terms will be governed by the laws of the State of Kuwait.
The Terms will be governed by the laws of the State of Kuwait, and any disputes shall be subject to the exclusive jurisdiction of the courts of the State of Kuwait.
In this Agreement:
Application or App(s) means the [Virgin Mobile application as well as the digital electronic communications service downloaded on supported devices, or any other digital platform offered by Us from time to time, that We and other third-party providers may provide to you from time to time and all other ancillary services;
Booster means a one-time local minute, international minute and/or data package which you can buy from a selection of different allowances at any time during a Service Period, and which will be valid until the end of that Service Period as notified to you during the time of purchase;
Charges means the charges published by us from time to time that you must pay for using the Service including periodic charges, international roaming charges, charges passed to us for your usage by third parties, one-off charges like SIM activation and reactivation fees or charges to port your phone number to another provider;
CITRA means the Communications and Information Technology Regulatory Authority of Kuwait;
Customer Care, Member Care or Customer Services means our customer care telephone and social media service available to you, details of which are on our Website and in the Application;
Intellectual Property means, the copyrights, trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property which are owned by, licensed to, used and/or held by us on or in connection with our Website, Application, Products, Service or the Network;
Monthly Included Value means the usage allowance allocated to you in exchange for the Monthly Subscription that you pay us;
Network means the digital mobile phone network and/or the wireless platform for internet service in Kuwait that allows you to receive or use our Services;
Offer means any products, packages, plans, bundles and/or promotions offered by us to you from time to time (whether permanent, temporary, chargeable or not chargeable), including data, SMS, local minutes, international minutes, roaming and/or other Services;
Personal Information means any personal data relating to you and includes, but is not limited to, your name, address, bank account details, ID details (passport or national ID card), credit and debit card details, service usage details, call records, message records, account status, payment history and credit rating, and any information resulting from your use of the Website, Application, and/or Services;
Prepay, Prepaid or Prepaid Plan means a predetermined Monthly Included Value paid for in advance and which can be used for Services until the Monthly Included Value is consumed or expired;
Product/s means the products that we may offer from time to time in connection with the Services, including any of SIM Cards, mobile devices, contracts, Prepay, Monthly Included Value, recharges, internet service and/or modems, and any combination of any of these;
Service(s) means the telecommunication services provided by us to you, including all Products, the Application, value added services, digital electronic communications service, internet service and other electronic communications services as well as other additional related services that we and other third party providers provide to you over our Network from time to time and all ancillary services thereto;
Service Period means the period from a day of one month to the corresponding day of the next month if such exists, or if not, to the last day of the next month (as from 3 January to midnight on 2 February or from 31 January to midnight on 28 February);
SIM or SIM Card means the Subscriber Identity Module card containing your phone number and which is programmed to allow you access to our Service over the Network;
Subscription Credit Limit means the maximum credit that we will apply to your account based on your creditworthiness;
Unauthorised Traffic means a flow of calls for any particular Service which we believe is: (i) disproportionate to the flow or volume of calls which we expect from good faith commercial practice and usage of the Network; or (ii) disproportionate to your previous call profiles (in any given month) with us;
We, us, or our means Connect Arabia WLL (operating as Virgin Mobile Kuwait), its affiliates, subsidiaries or its successors-in-title;
Website means www.virginmobile.kw;
You, yours and/or your means you, the customer, who applies for access to and receives our Website, Application and/or Service.