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Terms of use

Terms and conditions

A Terms of Service Agreement is a set of regulations that you must agree to follow in order to use a service.

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Article 1: Definitions

Connection Request of a SIM card by the Viking after registering on the Website.
Terms and Conditions Current Terms and Conditions
Article An article of these Terms and Conditions.
Deactivation A deactivation of the SIM card by Unleashed nv according to Article 6 of this agreement.
Services All the services concerning mobile telephony, mobile internet and mobile data services offered by Unleashed nv, consisting of providing access to the network to the Vikings via a SIM card based on reloadable prepaid calling credit.
Reload Card A card with a code with which the Viking can top up the prepaid calling credit of his SIM card.
Viking The natural person or legal entity using the Services.
Network The network for mobile telephony, mobile internet and mobile data traffic, which Unleashed nv uses to offer its Services to the Viking.
SIM card A reloadable smart card made available to the Viking by Unleashed nv; and to be inserted into a mobile phone in order to gain access to the Network and to use the Services based on reloadable prepaid calling credit. This SIM card is linked to a personal telephone number.
Agreement Contractual relationship between Unleashed nv and the Viking relating to the provisioning of the Services, which is deemed to commence at the time of Connection.
Number Transfer The transfer of his/her telephone number by the Viking to another operator.
Personal Information Any information concerning an identified or identifiable natural person where an identifiable person is considered a person who directly or indirectly can be identified, especially by means of an identification number or to one or more factors specific to his or her physical, physiological, psychological, economic, cultural or social identity.
Prepaid call credit The amount a Viking pays Unleashed nv in order to access the Network and to benefit from the Services with his/her SIM card using the prepaid calling credit.
Vikings Points The currency that is used in certain campaigns initiated by Unleashed nv or one of its partners. Viking Points can be partially or in full used to top up the SIM card or can be used as currency for a few related services offered by Unleashed nv.
Viking Wallet The balance that indicates the amount of Viking Points a Viking has gathered, and that provides the history of purchased, received or used Viking Points. The Viking Wallet can be consulted via the website www.mobilevikings.com or the Viking App.
Unleashed Unleashed nv, with registered office in 3500 Hasselt, Kempische Steenweg 309/1, CBE no. 886.946.917, Tel.: 078 353 033, email: info@unleashed.be
Website www.mobilevikings.be

Article 2: Applicability

2.1

These Terms and Conditions apply to the Agreement between Unleashed nv and the Viking. The Viking acknowledges having taken note of these Terms and Conditions prior to the conclusion of the Agreement and accepts the application of these General Conditions to the Agreement. A copy of these Conditions may be consulted and downloaded on the Website at all times.

2.2

The Viking accepts that Unleashed nv reports changes to these Conditions to the Viking on the most appropriate manner and that those changes are accepted by the Viking with the purchase of prepaid calling credit for his SIM card.

Article 3: Activation and Connection

Article 4: Telephone number

4.1

Each SIM card corresponds to a unique telephone number. This number is and remains property of Unleashed nv, except in the case of a Number Transfer. The Viking does not have the right to demand or keep a specific telephone number, except in the case of a Number Transfer. The Viking is not entitled to change his/her telephone number. The Viking loses the right to use his/her telephone number in case of Deactivation, except in the case of a Number Transfer.

Article 5: Prepaid calling credit

5.1

In order to benefit from the services offered by Unleashed nv, the Viking must top up his/her SIM card by purchasing prepaid calling credit.

5.2

Prepaid calling credit

Article 6: The Services, formulas and rates

6.1

The Services available to the Viking and the rates applicable of these Services for the Viking may vary depending on the formula of the prepaid calling credit purchased by the Viking.

6.2

The formulas offered and the rates charged are communicated by Unleashed nv on the Website and in the Viking App.

6.3

Unleashed nv reserves the right to change, amend or abolish the formulas and rates of the prepaid calling credit unilaterally. The Viking accepts this change or elimination by topping up the SIM card with prepaid calling credit according to the revised formula and / or rate.

6.4

Costs incurred due to usage outside of the national Belgian border, but within the EU (the detailed list of applicable countries can be found here), will be charged at the normal domestic rate, as of 15/5/2017. This applies to usage both in and out of bundle. Details thereof are made available by Unleashed in its roaming wizard as of 15/5/2017.

In order to detect potential abuses, Unleashed nv may perform checks of the usage patterns of a Viking, both in its own Member State and in other Member States. Identifying anomalous traffic patterns may be based on the following indicators:

  • Prevailing roaming usage/presence over domestic usage/presence (period of at least 4 months);
  • Long inactivity of a given SIM card associated with use mostly, if not exclusively, while roaming;
  • Subscription and sequential use of multiple SIM cards by the same customer while roaming.

Unleashed nv shall not monitor the usage patterns for another purpose than for preventive abusive usage.

Article 7: Deactivation and suspension of the Services

7.1

Unleashed nv has the right to deactivate, unilaterally and without entitlement to reimbursement, the SIM card when the Viking has not used the Services during a consecutive period of 3 months. The Viking receives a SMS message of Deactivation. The remaining prepaid call credit corresponding to the SIM card is lost and the Viking will not be refunded for this.

7.2

Unleashed nv also has the right to unilaterally, without prior notice and without right to compensation for the Client, disable the SIM card or suspend the delivery of the Services in whole or in part, temporarily or permanently, in the following cases:

  • In case of evidence or suspicion of fraud by the Viking;
  • In case the Viking uses the services in a way that are in contravention of the Agreement, with legislative or regulatory provisions, with public decency or decorum, or in a manner that could damage the operation or integrity of the service provision;
  • In case of evidence or suspicion of insolvency of the Viking or the non-payment for services;
  • In case the Viking states a false, incorrect or incomplete identity or uses identification documents that have been reported stolen to register his identity;
  • In case of non-compliance by the Viking with these Terms and conditions or any other obligations to Unleashed nv, or in contravention of applicable regulations and/or laws;
  • In case of an abnormal increase in the average use of the prepaid calling credit by the Viking, as deemed reasonable by Unleashed nv;
  • Under a court order or upon request of the judicial or police authorities;
  • In case of loss or theft of the SIM card, as notified by the Client in any way;
  • In case of failure on or in the Network;
  • In the event that Unleashed nv is prevented from operating the network for whatever reason;
  • If the Viking uses a mobile phone that interferes with the network, of that has not been approved by ruling standards;
  • In case of force majeure.

In order to detect potential abuses, Unleashed nv may perform checks of the usage patterns of a Viking, both in its own Member State and in other Member States. Identifying anomalous traffic patterns may be based on the following indicators:

  • Prevailing roaming usage/presence over domestic usage/presence (period of at least 4 months);
  • Long inactivity of a given SIM card associated with use mostly, if not exclusively, while roaming;
  • Subscription and sequential use of multiple SIM cards by the same customer while roaming.

Unleashed nv shall not monitor the usage patterns for another purpose than for preventive abusive usage.

7.3

Unleashed nv is not obliged to proceed to Deactivation or Suspension of the Viking in any of the cases listed in Article 7.2.

Article 8: Liability of Unleashed nv

8.1

Unleashed nv commits itself to use all reasonable means to provide the Viking access to the Network and to deliver the Services as well as possible. Unleashed nv will use all reasonable means to prevent or limit the damage suffered by the Viking.

8.2

The Viking acknowledges however, that, for the provisioning of the Services, Unleashed nv depends on the proper functioning of the Network, off which Unleashed nv is not the owner or the licensee. Unleashed nv is therefore not liable for damages resulting from the whole or partly, consciously or unconsciously, failure, failures, quality defects and/or maintenance, improvement and/or extension work on the Network.

8.3

Unleashed nv is not liable for damage caused by:

  • acts carried out by the Viking him/herself as including
    • the inappropriate use or misuse of the Services
    • the poor functioning of the mobile phone of the Viking or its accessories
    • using a mobile phone that was not approved under the applicable standards
    • using a cell phone in violation of instructions
    • the unlawful use of a mobile phone by the Viking
    • using a mobile phone without taking the necessary security measures (intrusion, viruses, ...)
    • the abuse of the SIM card of the Viking to the extent that such abuse is encouraged by the Client, including due to (1) the voluntary or involuntary disclosure of the PIN to third, (2) leaving the default PIN code unchanged, (3) the use of a simple personal PIN code (e.g. 1234, 1111 etc.), (4) theft or loss of the SIM card;
    • errors or mistakes in the activation or top-up of the SIM card
  • factors not attributable to imputed fault or due to the intervention, whether or not false, of third;
  • damage to or loss of data
8.4

Unleashed nv is not liable or responsible for (1) the contents of the calls, SMS messages or data traffic of the Viking, (2) services (or the billing for such services) provided by third parties to the Viking delivered or accessed through Unleashed nv’s Services (3) the information supplied by third parties or accessible through Unleashed nv’s Services (4) transactions that are completed by the Viking using Unleashed nv’s Services.

8.5

Unleashed nv is not liable for damages resulting from the temporary or permanent, total or partial suspension of the Services, or resulting from the activation of the SIM card under the provisions of these Terms and Conditions.

8.6

Unleashed nv is only liable for foreseeable damage that is directly caused by its non-attributable shortcoming. Unleashed nv is not liable for indirect or consequential damages including, but not limited to, additional costs, loss of income or profits, loss or corruption of data.

8.7

Subject to conflict with mandatory provisions, liability under this Article means any form of contractual or extracontractual liability, fault- or strict liability, with respect to any tangible, intangible, financial or moral damages.

8.8

Unleashed nv guarantees that the SIM card is in accordance with the description provided by Unleashed nv, that the SIM card is suited for the use agreed upon by both parties and which is customary for SIM cards, and that the SIM card offers the quality and performance the Viking can reasonably expect of a SIM card. Towards the Viking, Unleashed nv is liable for non-compliance of any of the abovementioned features upon delivery of the SIM card, manifested within two (2) years following delivery in accordance with Art. 1649bis and following of the civil code.

Article 9: Rights, obligations and liabilities of the Viking

9.1

The Viking will use the Services as a normal, careful user, in accordance with the provisions of the Agreement, the applicable legal provisions and practices of public bodies and morals, and will take all measures to prevent misuse or unauthorized use of the Services. Are not considered normal use (non-exhaustive list):

  • use with the intention of redirecting communications, directly or indirectly, or with a view to resale to thirds in any manner whatsoever of Services without prior written consent of Unleashed nv;
  • use in a manner that certain features of the Network can no longer be executed reliably or correctly;
  • use in a way that the identification or localization of the caller in case of an emergency call is no longer possible, or that the Network is overloaded or that the proper functioning of the Network is disrupted;
  • each use in a different manner than what is communicated to Unleashed nv at the initiation of the Services;
  • use in a way that differs significantly from the averages of the various Vikings of the Services in the areas of frequency, distribution among the different types of communication (i.e. telephone, voice, data transmission, SMS, ...) or connection time;
  • any use of the service with the intention of abusing the service provision, amongst others the unreasonable use of premium numbers, with the intention of converting the calling credit into cash, vouchers, or activation or access codes;
  • any other use that is contrary to the applicable Terms and Conditions

Unleashed nv can provide proof of the above mentioned prohibited use using all resources, including data and statements from its own systems or those of other operators of telecommunications networks through which communication is conducted. The Viking and Unleashed nv consider such information and statements as true until proven otherwise.

9.2

Unleashed nv is and remains the owner of the SIM card. The Viking commits not to transfer, not to surrender, not to lease, not to destroy, nor let in any way be used by third parties and in any way damage the SIM card. The Viking shall take all necessary precautions to prevent misuse or unauthorized use of his/her SIM card. Any attempt to copy the technical identification of the SIM card and any fraudulent or illegal use of the SIM card is prohibited. The Viking commits not to subject the SIM card to any decompilation, analytical or retro technique, not to create derivative software and not to use the SIM card in any other manner than that provided in these Terms and Conditions. The Viking is liable for all damages caused to Unleashed nv or third parties arising from the use, regardless of by whom and no matter what mobile device, of the SIM card, even in case of theft or loss. In case of loss or theft of the SIM card, the Client remains liable for the use and payment until such time as the Viking notifies Unleashed nv and asks for the temporarily suspension of the SIM card. The Viking will receive a new SIM card and the Services are reactivated. The Viking is solely responsible for the correct insertion of the SIM card into his/her mobile phone. If the SIM card is blocked or damaged as a result of a wrong act by the Viking, a new SIM card will be delivered to the Viking upon written request by the Viking. There will be a 5 (five) EUR replacement cost of the SIM card charged to the Viking in addition to shipping costs. If the SIM card is defective due to a production error or a bad configuration of the SIM card, a replacement SIM card is delivered to the Viking for free, with the same number of units and the same expiration date as the defective SIM card.

9.3

In order to prevent abuse, the Viking is obliged to change his/her personal PIN code once he/she has received the SIM card. The Viking is responsible for the strict confidentiality of this code.

9.4

Except in the case of a transfer of the Agreement, the Viking is and remains solely responsible for the fulfillment of his/her obligations under the Agreement.

9.5

The Viking may only use the Unleashed nv Services via a mobile phone or tablet that meets the applicable standards and that is in perfect condition. The Viking will adhere strictly to the instructions of his/her mobile phone or tablet. He/she will be responsible for replacing the device when, for technical reasons, specific to the device, he/she cannot access the network or when it is not suitable to use certain Unleashed nv Services. Both before and after the activation of the Unleashed nv Services, Unleashed nv may demand the Viking to offer his/her mobile phone for inspection. Using any other device, including SIM boxes or GSM gateways, is prohibited. The Viking accepts that calls from or to unauthorized devices automatically and without any prior warning can be blocked and that such use entitles Unleashed nv to suspend or terminate the Agreement. The Viking acknowledges to be aware of the risks associated with the use of mobile phones, especially when driving a vehicle, while refueling or near fuels and explosives, and interference that their use can cause on medical equipment and in aircraft.

9.6

The Viking is liable for and shall safeguard Unleashed nv from any damages that Unleashed nv would suffer, and all claims by third parties that would be addressed to Unleashed nv as a result of the careless, negligent, fraudulent, erroneous or illegal act of the Viking while using the Services provided by Unleashed nv.

Article 10: Transfer of Agreement

10.1

Unleashed nv may transfer its rights and/or obligations under this Agreement in whole or in part, to third without the consent of the Viking. The Viking may transfer the rights and obligations under this Agreement, only following express written approval of Unleashed nv.

Article 11: Transfer of the telephone number to another operator

11.1

The Viking that wishes to transfer his/her number to another operator, will have to turn to the latter. In the name of the Viking, the new operator will take the necessary steps with Unleashed nv in order to transfer the telephone number. Only the telephone number can be transferred, and not the Services of Unleashed nv themselves. During the transfer of the telephone number, the Viking can possibly be unreachable for some time on the relevant number. Unleashed nv is not liable for any damages resulting therefrom.

11.2

Unleashed nv reserves the right to refuse the transfer:

  • if the operator to whom the Viking wishes to transfer his number fails to comply to the concerning legal proceedings;
  • in case of proven or suspected fraud by the Viking or third. Unleashed nv will take all reasonable measures to ensure a smooth number transfer.
11.3

For technical reasons or due to intervention of other parties involved in the transfer, the option of number transfer is possibly unavailable or errors might occur in the transfer. In no event shall Unleashed nv be held liable for damages resulting from the incorrect transfer of one or more numbers, the non-availability of the possibility of number transfer, or the errors that occur during the number transfer.

Article 12: Personal information

12.1

By providing Unleashed nv with his/her personal information, the Viking grants Unleashed nv explicit permission to proceed to processing said information as described below, for the purposes as described below.

12.2

The personal information provided to Unleashed nv, and the information relating to calls and phone numbers, are included in the databases of Unleashed nv located at its registered office at 3500 Hasselt, Kempische Steenweg 309/1.

12.3

These data are processed there, by Unleashed nv, or by thirds acting on its behalf and checked by it, in view of providing the Services according to the Agreement, in view of administrative ends and providing information to Vikings, in order to prevent fraud and violations, and in view of direct marketing by Unleashed nv or its commercial partners.

Furthermore, we hereby inform the Viking, in connection with his order, of the use of the "Fraud Expert" solution in addition to the processing of card not present payments. The Viking’s personal data is processed by Ingenico e-Commerce Solutions SPRL being the controller, for the purpose of preventing and combating fraud (determining risk levels associated with transactions, detecting and managing any resulting alerts, informing merchants to allow them to take decisions, "human" reviews of transactions with a specified level of risk, modelling of the score).

The collection of certain of the Viking’s personal data is a mandatory requirement for this purpose. Without this data, the transaction could be delayed or rendered impossible and the order cancelled.

This data is intended for the authorised departments of the Ingenico e-Commerce Solutions entities involved in such processing, and for Unleashed nv, as well as for any third party whose involvement is required to ensure the smooth operation of the payment process and the functioning of the services offered.

12.4

Unleashed nv reserves the right to commercialize Personal Information and in that respect share them with its commercial partners.

12.5

Unleashed nv also reserves the right to preserve the personal information of those Vikings whose SIM card has been deactivated, for a period of 12 months in order to keep these Vikings informed of its Services.

12.6

As part of its legal obligation to assist emergency services and judicial authorities, Unleashed nv reserves the right to communicate certain personal information to the government or a thereto authorized individual.

12.7

The Viking proving his/her identity has the right, through a dated and signed request, free of charge and at the latest within 45 days of receipt of the request, to receive the following information:

  • information about the nature of the Personal Information that is in possession of Unleashed nv, the purposes of processing, the categories of data concerning this processing and categories of recipients to whom the data are disclosed;
  • communication in an intelligible form of the Personal Information that is being processed itself, and all available information on the origin of such data;
12.8

In addition, the Viking proving his/her identity and submitting a signed and dated request to Unleashed nv, has, free of charge:

  • the right to access and correct any personal data concerning him/her
  • the right to resist processing - free of charge - in the light of direct marketing of all Personal Information concerning him.
  • the right to removal or banning the use of all Personal Information concerning him/her that are, to the purpose of processing, incomplete or irrelevant, or which registration, disclosure, and retention are prohibited, or which authorized preservation period, have expired.

Within one month from the date of submission of the request, Unleashed nv will inform the Viking of corrections or deletions of information to the Viking, and to the persons to whom the inaccurate, incomplete or irrelevant information have been communicated, where it has knowledge of the recipients of the communication and where notification of the recipients is not impossible or of disproportionate effort. If the person opposes the processing or the intended processing of personal data concerning him/her, Unleashed nv shall inform the Viking within the same period of their response to the claim.

12.10

The Viking proving his/her identity, is ultimately entitled to contact the Commission for the protection of privacy or the President of Court of First Instance of his/her domicile for free.

Article 13: Questions, complaints and disputes

13.1

The Viking may address Unleashed nv with written questions and complaints concerning the Services through a letter addressed to its registered office at 3500 Hasselt, Kempische Steenweg 309/1 or through its Website. In addition, Unleashed nv can be reached by telephone at the number 078 353 033.

13.2

Unleashed nv is committed to resolve issues about which it is informed and which it can resolve, as soon as possible. If the Viking is not satisfied with the answer or solution offered by Unleashed nv, or when the Viking is the victim of malicious calls, he can appeal to the Ombudsman for Telecommunications: Barricadenplein 1, 1000 Brussel, klachten@ombudsmantelecom.be.

13.3

Any dispute concerning the Agreement, implementation or interpretation thereof, which cannot be settled via Unleashed nv or the Ombudsman, fall within the exclusive jurisdiction of the courts of Hasselt as the place where the obligation was incurred, unless a special law imposes another jurisdiction.

Article 14: Term of the agreement

Unless a different period was agreed in special terms and conditions linked to the purchase of a specific service or product, this Agreement shall be concluded for an indefinite period. The Viking shall have the option to terminate the Agreement in writing at any given moment, without an explicit reason. For the rest, it shall come to an end in the cases as laid down in these Terms of use.

Article 15: Subscription services

15.1

The Viking may obtain access to Unleashed mobile Services in conformity with the terms and conditions of the Agreement. Unleashed nevertheless reserves the right to require the payment of an advance or the furnishing of a bank guarantee as suspensive condition for the Agreement.

The Viking shall have direct access to the Services, at the selected Tariff Plan to the extent of the amount of the corresponding credit balance in Services. This rate is increased with the price, in conformity with the Unleashed standard tariffs, of the Tariff Plan exceeding usage of the Services. The Viking has consulted the standard tariffs of Unleashed at www.mobilevikings.be, and accepts the application of the same on the use of the Services by him that exceeds the applicable Tariff Plan.

15.2

Call charges, for voice as well as data communication, are due for all domestic, international and roaming calls. The Viking undertakes to monthly pay the Tariff Plan increased with the amount as per the standard tariffs corresponding to his exceeding usage, ultimately on the due date of the invoice/payment invitation, through direct debit (“domiciliëring”) on the Unleashed account. In case of non-payment of the invoice/payment invitation ultimately on the due date, the Viking shall be issued a reminder specifying a final period within which the payment should be made, by any available means (email, text, letter, etc.) at the discretion of Unleashed. From the time of the first reminder by Unleashed, the Viking is liable to pay a lump sum administration fee of 9 (nine) Euros. In case of non-payment by ultimately the due date as mentioned in the reminder, the Viking shall be deemed to be in default and liable to pay late payment interest in respect of each day at the statutory interest rate calculated on the undisputed amount of the invoice/payment invitation. Non-payment of the invoice/payment invitation within the period specified for the same shall constitute grave breach of contract.

Complaints regarding any wrongful deactivation of the connection or the wrongful charging of any reminder fees must be submitted within 5 (five) calendar days after the deactivation or reminder, respectively. If the complaint is admissible, but explainable (non-exhaustive list: the Viking has a manually transferred the payment without using the correctly structured reference), then the charged reminder fees will be credited in full.

If Unleashed has made a mistake resulting in the wrongful disconnection of the Client or the wrongful charging of the reminder fees, then Unleashed shall owe the Client a lump sum compensation of 9 (nine) euros.

The Belgian law is applicable to the Agreement.

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