General Terms and Conditions for Customers from 28 September 2023 to 5 March 2024

OUR AGREEMENT

Our Agreement (between Tesco Mobile Ireland of Gresham House, Marine Road, Dun Laoghaire, Co. Dublin, trading as Tesco Mobile ("we/us/Tesco Mobile") and the customer ("you" or "Customer") for the provision of any Services by Tesco Mobile to you. Your agreement is made up of these General Terms and Conditions for Services, your Price Plan (which may include a Contract Form if availing of Pay Monthly Services), as well as any specific Plan or Promotional terms and conditions, together with any policies which relate to the Services chosen by you, the Customer.

Note these terms do not cover any non-Tesco Mobile products or services you purchase while using your device. Note that capitalised words have special meanings - see the "Definitions" section at the end of these terms.

This Agreement is for the Minimum Term as shown on your Contract Form if applicable and/or welcome note or Order Confirmation Email, or as specified in the Plan or Offer chosen by you the Customer.

1.1 When our Agreement starts

Our Agreement starts on the date we accept your request to use Tesco Mobile, which is the earlier of

when you place Credit on your Account or
when you first use your Mobile Phone / Device or SIM Card on the Network

1.2 Changes to our Agreement

Any changes to our Agreement will be notified to you 30 days, at a minimum in advance of any changes taking affect. Following receipt of a notification you will have the option to terminate the Agreement without penalty during that 30-day notice period, subject to payment by you of all Charges due to date. Your continued use of the Service after this 30-day notice period has expired, represents your acceptance of any changes.

1.3 Ending our Agreement

1.3.1 During the Cooling-Off Period

1.3.1.1 You may return and get a full refund (less the costs of return for online or phone sales) on your Mobile Phone / Device / Plan within 14 days of buying it ("the Cooling-Off Period") if:

1.3.1.1.1 all Equipment (to include any chargers or ancillary equipment supplied) is returned undamaged and the original packaging and contents are intact; and
1.3.1.1.2 you return or reimburse us for any free or discounted products, services, vouchers or coupons you received as the result of the purchase.
1.3.1.1.3 The Customer shall remain liable for any Charges incurred prior to such cancellation;
1.3.1.1.4 If you have bought a Mobile Phone / Device from us in a telecoms store, you can return it to that store within 14 days.
1.3.1.1.5 If you have bought a Mobile Phone / Device / Plan from us through our Website or over the phone i.e. completed a distant sales within the meaning of the EC (Consumer Information, Cancellation and Other Rights) Regulations 2013, you should complete our Cancellation Form accessible here or contact Customer Care for free on 1903. For such distant sales the 14-day cooling off period starts from the date of delivery of the goods and or Services. You will be liable for the costs of return for online or phone sales unless the device is faulty.
1.3.1.1.6 If you return your Mobile Phone / Device / Plan within the Cooling-Off Period any Clubcard Points you received will be removed from your Clubcard account. For existing customers that choose to buy a new plan, please note, the right to cancel does not mean that you have the right to go back onto your old plan (as the old plan may no longer be available for sale).

1.3.2 After the Cooling-Off Period

1.3.2.1 If you have committed to remaining a customer of Tesco Mobile for a Minimum Term and you cancel after the Cooling-Off Period but before the end of that Minimum Term you must provide us with 30 days' notice and you will incur a Cancellation Charge. We will tell you what the Cancellation Charge will be when you contact us to cancel. For the avoidance of doubt, if you have and exercise a right to terminate our contract before the end of the Minimum Term under EU Directive 2018/1972 or other provisions of EU or Irish law, the Cancellation Charge shall not exceed the pro rata temporis value of any retained subsidised terminal equipment (as agreed at the moment of the conclusion of the contract) or the remaining part of the service fee until the end of the contract, whichever is the smaller.
1.3.2.2 Outside any Minimum Term you can end our Agreement by giving 30 days written or phone notice and no cancellation fees will apply.

1.4 How we can end our Agreement

1.4.1 We may end our Agreement at any time by contacting you and giving you 30 days' notice.
1.4.2 We may also end our Agreement immediately if:

1.4.2.1 You breach any term of our Agreement and do not put it right within 7 days of our asking you to;
1.4.2.2 You fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your Account;
1.4.2.3 You give us information about yourself which we reasonably believe to be false or misleading;
1.4.2.4 You are the subject of bankruptcy or other insolvency proceedings, or you do not make a payment under a judgment of a Court or fine, or you make an arrangement with your creditors;
1.4.2.5 We are no longer able to provide the Services to you despite making all reasonable efforts to do so.

1.5 Rights continue after our Agreement ends

The ending of our Agreement shall not affect any rights of action or liabilities that may already have come into existence before it ends. In particular, you will be charged for all Charges incurred made prior to your termination.

1.6 How we can suspend or limit the Services

We may suspend or restrict your use of the Services immediately if:

1.6.1 You do any of the things listed above which would allow us to end our Agreement;
1.6.2 You breach our Agreement (for example, you fail to pay us any Charges when due);
1.6.3 You breach any legal requirements which may apply to your use of the Services;
1.6.4 You tell us that your Mobile Phone / Device or SIM Card has been lost or stolen;
1.6.5 We need to carry out repairs, maintenance or improvements to the Services (and we will try to restore the Services as soon as we can);
1.6.6 We are told to by the Government, the emergency services or any other competent or lawful authority;
1.6.7 You are abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents; or
1.6.8 You do anything or permit anyone else to do anything which we reasonably think adversely impacts Tesco Mobile; or
1.6.9 It appears to us that there is an unusual use of the Tesco Mobile Service (for example, the volume or destination of calls increases significantly).
1.6.10 Where more than one user is set up under an Account, we may suspend use by any or all of those users.

1.7 Conditions for Renewal & Upgrade Eligibility

1.7.1 At the end of the Minimum Term, your Agreement will continue to run on a month-to-month basis, unless you, the Customer, provide notice of your desire to terminate this Agreement.
1.7.2 You may request a change of Plan by notifying Customer Care. However, within any Minimum Term you cannot move onto a Plan with a lower monthly payment unless the charges for the new Plan exceed the total charges for the remainder of the existing Service Agreement. This does not affect your right to cancel your contract under paragraph 1.4, you can also change to a higher Plan if you wish by entering into a new Service Agreement.
1.7.3 You can see if you're eligible for an upgrade by contacting Customer Care.
1.7.4 For the avoidance of doubt, should you accept an Upgrade of your equipment or switch to a new Plan, your Agreement will be deemed to have entered a new Agreement with Tesco Mobile.

CHARGES

2.1 Details of Plans and Charges are available on www.tescomobile.ie and or by request by contacting Customer Care. You agree to pay the Charges for Services as detailed in your Plan and or as shown within the Other Call Charges section of the website - see http://www.tescomobile.ie/help-centre/Your-Plan#
2.2 The Charges may be changed as per section 1.3 above.
2.3 Calls are charged at an initial connection charge or minimum charge for one minute, and then in one second increments, rounded up to the nearest second and then rounded up to the nearest cent.
2.4 Each time you use your Mobile Phone / Device and you incur Charges, the Credits associated with your Account will be reduced by the Charges incurred. For customers availing of Prepay services, it is up to you to decide how much Credit to load onto your Account. If your Account has no Credits, you may still be able to receive incoming Calls, but you will not be able to make outgoing Calls or access any Content. Please note that we reserve the right to suspend our Services or disconnect you if you have not activated a Prepay Voucher on your account for a certain length of time and or met our Activity Criterion - which is specified in the specific bill pay and prepay terms.
2.5 Charges will include VAT where applicable.
2.6 All charges are rounded up to the nearest second, then up to the nearest cent.
2.7 A text message is billed for every 160 characters used, when you go over 160 characters it is billed as another message. Texts exclude premium rate texts.
2.8 If you order a Mobile Phone / Device or Services from us through our Website, we will reserve funds from your account to ensure that payment can be successfully taken when we accept your order. This is known as a "shadow" and may show on your statement as if the funds have been debited because they are unavailable for you to use, but no funds have been withdrawn at this time. If your order is not accepted, this shadow may, depending on your bank, remain on your account for up to 12 working days, though the usual period is 5 working days. If you wish to request immediate removal of the shadow, you may contact us to obtain an authorisation code which you can then pass on to your bank. If you have set up a direct debit or an automated recurring payment method to pay your monthly bill and it fails, you will be liable for any charges incurred by the bank and/ or Tesco Mobile (the fee is currently €10). Any such charges will be presented as 'Refer To Drawer Fee' on your next monthly bill.
2.9 Tesco Mobile Ireland may need to take legal or other collection action against you for non-payment of Charges

SERVICES

3.1 The Services provided are as described in your Contract Form and /or Plan which includes access to emergency services (by dialling 112) where your location information is provided to the Emergency Services as required. Please note, access to emergency services requires there to be some power in your handset battery.
3.2 Services are dependent on a number of factors, see here for further detail. Access to 4G, 5G and /or future technology Services are dependent on Plan, handset capability and network coverage.
3.3 We will provide you with support services via our Customer Care service - see www.tescomobile.ie/help-centre/contact-support.aspx for the most up to information or by dialling 1749 or Freephone 1903 from your Tesco Mobile handset.
3.4 If you are a Customer with special needs (for example an elderly or disabled Customer) we can provide you with Services and products for your needs. We can also provide you with Services information in other formats, such as braille, audio or large print. Please see our Accessibility section of our website for some useful information at www.tescomobile.ie/about-us/accessibility.aspx or contact Customer Care and tell us how we can help you.
3.5 Your use of Tesco Mobile

3.5.1 You must use the Services in accordance with the law, our Agreement and any other reasonable instructions we give you. In particular, you may not, nor may you allow anyone else to, use Tesco Mobile (whether to make a Call, send or receive a Message, upload or download Content, or whether connected to a computer)

3.5.1.1 for any unlawful purpose;
3.5.1.2 in any way which is, or is intended to be, malicious, fraudulent or a hoax (including to the emergency services);
3.5.1.3 to breach our rights or the rights of any third party (for example, copyright);or
3.5.1.4 in any way which may damage or affect the operation or quality of Tesco Mobile, the Internet or any other telecommunications system.
3.5.1.5 If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, and damages, losses and costs (including legal costs) which we may suffer as a result.
3.5.1.6 You must keep confidential all passwords you have nominated in connection with your Agreement. We cannot disclose information about your account to anyone until we are satisfied as to their identity, and they have correctly quoted any passwords to us.

3.5.2 You agree:

3.5.2.1 to provide us with such information as we reasonably request in connection with this Service Agreement and that all factual information you provide to us is correct:
3.5.2.2 that you are procuring the SIM card, mobile handset and the Tesco Mobile Bill Pay Service solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card, mobile handset or the Tesco Mobile Bill Pay Service.
3.5.2.3 that you will not use the Service for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature. Illegal content such as 'child pornography' (Child Sexual Abuse Material (CSAM)) will not be tolerated. In the event that, illegal content is reported, notified or discovered we will collaborate fully with Hotline.ie and law enforcement and any failure to comply with our acceptable use policies will result in disconnection. If you encounter potentially illegal content online, specifically CSAM please report it straight away using the Hotline.ie reporting tool here. If you have any reason to believe that a particular image you have received might be illegal, such as child pornography, you should report it immediately to the Gardai
3.5.2.4 that you will use the Service in accordance with your Agreement and any other reasonable instructions we give you. Whilst we provide the Service to you, you authorise us to act on your behalf in all dealings with any provider (as applicable) with whom we consider it necessary or useful to deal with in connection with the Service.
3.5.2.5 If the SIM card or your mobile handset is lost, stolen, damaged or destroyed you will be responsible for any charges incurred until you have informed us.
3.5.2.6 If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we suffer as a result.
3.5.2.7 that you will tell us immediately if anyone makes or threatens to make any claim against you because of your use of Tesco Mobile.
3.5.2.8 Tesco Mobile is a consumer service. If you use Tesco Mobile for business or commercial purposes you will indemnify us for all claims in respect of liabilities, damages, losses and costs (including legal costs) made by any other third party against us, arising from your use of Tesco Mobile for business or commercial purposes.

3.6 Our duty to you

3.6.1 We will try and provide you with the Services at all times but due to the nature of mobile technology, Tesco Mobile is not in a position to guarantee or offer any minimum service levels.
3.6.2 We will at all times use the reasonable skill and care of a competent Service Provider in providing the Services to you in accordance with and subject to our Agreement, but we shall not be responsible for any delay or failure to provide Services for reasons beyond our reasonable control.
3.6.3 Service availability is subject to Network availability and certain Services require a 3G, 4G, 5G or future technology enabled handsets - see our coverage map at www.tescomobile.ie/our-network/
3.6.4 Some Services (e.g. media messaging) may only work with other compatible handsets and networks.

3.7 Clubcard Points

3.7.1 Tesco Clubcard points may be awarded for the purchase of the Services subject to Clubcard's terms and conditions that can be found at www.tesco.ie.
3.7.2 To collect Clubcard points when you use your Mobile Phone, you need to: (a) have a Tesco Clubcard, and (b) register your Mobile Phone number to a Clubcard account. You can register more than one Mobile Phone / against a Clubcard account, but both the Clubcard account holder and owner of the Mobile Phone number must have consented to the registration and collection of Clubcard points and live at the same address. If we are informed, or suspect, that registrations have taken place without consent or are being used fraudulently we may cancel the registration and applicable Clubcard Points. It may take up to three weeks after you have bought or loaded Credit for your Clubcard points to reach your Clubcard account. Note that Clubcard points can only be added once to an account.

3.8 If your Mobile Phone / Device or SIM Card is misused or stolen

3.8.1 Tesco Mobile will have no liability to you or any other person for the loss, theft, accidental damage or unauthorised use of your Mobile Phone / Device or SIM Card.
3.8.2 Every Tesco Mobile SIM Card remains our property. You must take adequate precautions to prevent damage to, unauthorised use or theft of your SIM Card.
3.8.3 You must inform Customer Care immediately by telephone if your Mobile Phone / Device is lost, stolen, damaged, destroyed or likely to be used in an unauthorised manner so that we can cancel your Mobile Phone / Device or SIM Card and prevent further unauthorised use. We may charge you for a replacement SIM Card.
3.8.4 If your Mobile Phone or SIM Card is stolen you will, until you notify us, be liable for any usage on your Account. If you have registered your credit card with your Account for text Top Up you will be liable for any Top Up purchases charged to your credit card when stolen.

3.9 Roaming Services

3.9.1 Some Services may be available outside the Republic of Ireland only if we have a roaming agreement with the foreign network and these Services may be subject to different Charges dependent on whether you are roaming within the EU or outside the EU). See www.tescomobile.ie/roaming-and-international for a full list of where we have roaming agreements in place and the applicable pricing. Our roaming section on the website will have the most up to date information on roaming and see www.tescomobile.ie/eu-roaming-regulation specifically for information on roaming in the EU.
3.9.2 Domestic charging will apply to EU roaming usage- referred to as Roam Like At Home ('RLAH') and it may be subject to a Fair Use Policy ('FUP') dependent on the Service / Plan chosen. Tesco Mobile reserves the right to request proof of residency in order to enable you to RLAH i.e. use your Plan / Service while roaming periodically in the EU. Proof of residency may be established through registration with the mytesco portal or Tesco Clubcard (if relying on Clubcard registration, please note the clubcard must have been active or by providing a valid document confirming your place of residence (see www.tescomobile.ie/eu-roaming for a complete list of acceptable proofs). Where one Clubcard has been used for more than one registration, both the Clubcard account holder and owner of the Mobile Phone / Device number must have consented to the registration and live at the same address. If Tesco Mobile suspects that registrations are being used fraudulently, including enabling the abuse of RLAH Tesco Mobile reserves the right to request proof of address at any time and or remove the ability to RLAH.
3.9.3 RLAH Fair Use Policy: the Data FUP allowance will be calculated in accordance with the Commission's Implementing Regulation (EU) 2016/2286. Once connected to the Tesco Mobile service you will receive a 'Welcome' message which will detail important information including providing you with a direct link to where comprehensive information is published on our website regarding roaming services. Also once you commence roaming in the EU, you will receive an alert message which will advise you of the applicable FUP. If roaming outside of the EU, you will receive an alert to advise you of the applicable roaming rates. Tesco Mobile will monitor usage of the Plan while roaming in the EU and will alert customers when they are nearing the FUP. In line with domestic use and charging including charging intervals, standard out of bundle rates will apply to usage beyond the FUP - see the 'Other Charges' section on our website for all applicable rates. The Roaming Data cap of â‚¬61.50 including VAT outside of your monthly spend remains applicable to all roaming usage i.e. EU and non EU countries. See www.tescomobile.ie/roaming-and-international for further information on the Roaming Data cap.
3.9.4 Tesco Mobile's RLAH service is designed for casual and normal periodic roaming usage and as such, a Fair Usage Policy ('FUP') applies to prevent permanent roaming and or where the customer uses roaming for an excessive amount of days or usage. In order to prevent abusive or anomalous use of Voice and Text bundle allowances while roaming in the EU, Tesco Mobile may implement additional control measures in respect of same. The Plan cannot be used exclusively while roaming. If Tesco Mobile observes excessive roaming usage and presence each month and this usage prevails over a 4 month period (observed cumulatively), Tesco Mobile may contact you to request that you to alter your usage pattern. However, should you fail to alter your usage within the timeframe specified in the alert message, Tesco Mobile reserves the right to charge you for the excessive element of your usage at your Plan's standard out of bundle rate or to modify or suspend your use of the Plan or to withdraw your access to the service entirely in certain circumstances including but not limited to circumstances which amount to persistent abuse of the service. Tesco Mobile's complaint handling process as detailed in section 3.18 shall be utilised for any complaints made regarding the application of the FUP. See www.tescomobile.ie/eu-roaming-regulation for further detailed information about Tesco Mobiles RLAH service and the FUP.
3.9.5 Roaming services may vary from those that you enjoy in ROI (including but not limited to speed, latency and/or the availability of roaming services) due to various factors including but not limited to coverage, topography and/or technology. Certain types of services may also be subject to increased charges when roaming, including but not limited to premium rate, freephone and/or low cost numbers. If you have any issue/complaint, please see our Code of Practice and complaint handling procedures: www.tescomobile.ie/code-of-practice.

3.10 Directory Services

Upon request by you, we will include your name and Mobile Phone number in the National Directory Database, currently hosted by PortingXS. The purpose of the National Directory Database is to facilitate telephone directories and directory enquiry services, as well as being an "opt-out" register for direct marketing purposes. You may, when you request us to include your name and Mobile Phone number on the National Directory Database, also request that we indicate your preference on the National Directory Database to receive third party marketing calls on your Mobile Phone / Device.

3.11 Calling Line Identification

The Network will display your Mobile Phone number on the receiving handset (calls, texts etc). If you wish to change this, refer to your Mobile Phone user guide or alternatively contact Customer Care

3.12 Account Validity and Mobile Number Recycling

3.12.1 Your Tesco Mobile Phone number and SIM Card is valid and will remain active for as long as you are using your Tesco Mobile Service regularly.
3.12.2 If you do not make a Credit Top Up to your Account, or use your SIM Card for 6 months as per the Activity Criterion, your Account and any outstanding Credit on your Account will be suspended. If this happens you may reactivate your Account by contacting Customer Care. We will reactivate your Account, and any previously unused credit you had on your Account will be available to you again.
3.12.3 After your Account has been suspended, you have a further 6 months during which you can have it reactivated by calling Customer Care. If you do not ask us to reactivate your Account and or request to port out your number we will assume that you no longer need it (as you will not have used it for 12 months), the account will be fully deactivated and the number will be quarantined. As a result your SIM Card will no longer work and any unused credit will be forfeited.

3.13 Switching Operator and Number Porting
To initiate a switch from another operator and number transfer you will need to complete a Move My Number Customer Authorisation Form found on the Website and agree to the terms and conditions of Porting. Please note that Customers who terminate their Agreement or port out when they are in-contract will have to pay any outstanding charges and the recurring monthly charges for the remainder of the Minimum Term. Customers who leave Tesco Mobile lose any unused benefit allowances and/or any credit provided to them by Tesco Mobile for use on the Tesco Mobile network, including pre-installed credit, porting credit, promotional credit and goodwill credit. A prepay customer is entitled to a refund of any remaining top-up credit paid for by them when they switch to another operator and claim that refund within 3 months of switching. If you believe that you eligible for a prepaid credit refund, please contact 1903.
3.14 Mobile Phone / Device Locking

3.14.1 Your Mobile Phone / Device may be locked to the Tesco Mobile Network. You must not insert another operator's SIM card into the mobile without an unlocking code (which is not your PIN code). We will on request provide an unlocking code after a qualifying period and/or for a fee. Failure to enter the correct unlocking code may result in your Mobile Phone / Device becoming permanently blocked. We accept no responsibility for Mobile Phone / Devices blocked in this way. Please review the following FAQ https://www.tescomobile.ie/help-centre/Your-Plan which provides useful information in relation to the contract.
3.14.2 This clause does not apply if you have purchased a SIM Card only and, at the time of purchase of the SIM Card, you are connected to a network other than the Tesco Mobile Network.

3.15 Delivery

3.15.1 We will endeavour to deliver any products you order from the Website on the next working day within the island of Ireland (for orders placed by 1pm), where this is practical.

3.16 Mobile Phone / Device Repairs

3.16.1 If your Mobile Phone / Device develops a fault then you should contact the manufacturer in the first instance. The contact details for the manufacturer can be found within the Mobile Phone / Device user guide or can be obtained by contacting Customer Care.

3.17 Returns and Exchanges

3.17.1 If your Mobile Phone / Device becomes faulty within the first 14 days of purchase, then you are entitled to a fully boxed replacement phone, or a refund, as you prefer.
3.17.2 If you bought your phone online, please contact Customer Care.
3.17.3 If you bought your phone in a Tesco store, then you should return it at the Customer Service Desk in store. Please have your receipt with you as proof of purchase and ensure that all elements of the phone are included with the packaging i.e. charger, SIM card, battery, Welcome Guide and phone handbook.
3.17.4 Alternatively you can contact FonFix which is a company based in Sandyford, Dublin who offer a Mobile Phone / Device repair service, please click on their website www.fonfix.ie to review the services they have to offer.

3.18 Internet Service

3.18.1 We will always try to make Tesco Mobile Services available to you. However, Tesco Mobile's Services are only available within our coverage area. Information regarding our coverage area and estimated maximum mobile internet speed in any particular geographical area is available on the mobile coverage map published on the Tesco Mobile website. Tesco Mobile cannot guarantee that you will reach the estimated maximum speeds as referenced on our coverage map. There are a number of factors that can influence the speed, quality and or performance of your service. These are set out in clause 3.18.2 below. In the event of any continuous or regularly recurring discrepancy between the actual performance of the Service and the speeds set out, the Customer shall be entitled to exit the Agreement without penalty where the relevant facts in relation to the actual performance of the Service are established by a monitoring mechanism certified by the national regulatory authority (ComReg). For the purposes of this clause "continuous or regularly recurring" means that the Customer has raised the matter with Tesco Mobile in accordance with Tesco Mobile's Code of Practice for Complaint Handling (see clause 3.19 below), Tesco Mobile has been given the opportunity to remedy the situation and the Service is still not achieving the speeds for three (3) consecutive days following all remedial actions being taken by Tesco Mobile.
3.18.2 Mobile internet speeds vary due to a number of factors including but not limited to (a) the location of the user, (b) device capability (mobile phone, modem/dongle), (c) distance of user from the serving site, (d) number of users active on the site, (e) location of the device if using indoors and (f) topographical issues that arise in the case of valleys, mountainous terrain, trees, buildings and other obstructions. In the case of indoor use, advances in building insulation can also negatively impact service and speed. Within this, there may be areas where you do not have access to all Services or where coverage is otherwise limited or unavailable. For the most up to date information about coverage, visit our website.
3.18.3 We do not currently apply any traffic management measures that would impact on the quality of the internet access services, on the privacy of end-users and on the protection of their personal data; However, Tesco Mobile continuously monitors network performance to ensure that all its customers have a positive Service experience. Tesco Mobile endeavours to ensure that the Service received by its customers is not impacted through a minority of users placing excessive demand on network resources (e.g., large bandwidths over long periods) or using the Services in a manner that adversely affects the delivery of the Services. To ensure a good functioning Service is received by all users, Tesco Mobile may implement, measures that are application-agnostic to shape traffic so to avoid filling or overfilling a network link or node. Such measures may include a speed quality of service parameters/ limit, and should this measure be relied upon, any such limit would be applied across all applications and users equally and will not impact typical usage which includes streaming and or gaming. Should a customer's data usage become so excessive so as to risk affecting other network users, Tesco Mobile reserves the right to limit the customer's Service to a level to avoid any adverse effect on others.
In the event that Tesco Mobile becomes aware or is notified that a customer' has or is using the Service in a manner that breaches Tesco Mobile's terms and conditions (including for, hacking, spamming, denial of service or any fraudulent activities) or in a manner which interferes with Tesco Mobile's Service or causes problems for Tesco Mobile and / or impedes other users' experience, then the Service may be suspended by Tesco Mobile. For the avoidance of doubt, if the activity is due to a Virus, Malware or a Botnet on the customer's PC, mobile or other terminal device - the account will remain suspended until the customer has demonstrated that the malicious software has been removed and an up-to-date Virus checker has been installed on the device.
Tesco Mobile continuously monitors quality of service (QoS) parameters such as delay, jitter and packet loss in order to maintain a positive Service experience. Such QoS parameters can result in the slowing down of internet access and web pages failing to load. Certain applications such as video or audio applications may suffer from momentary interruptions and it may take more time to complete a task that involves downloading or uploading data, a file, audio or video from the internet. Tesco Mobile has a capacity management process in place to address and resolve these QoS parameters if they exceed certain thresholds (above which Service may be affected).
Tesco Mobile will, on an ongoing basis, review, and where required, update its policy to ensure that all of its customers can access data Services.

3.18.4 Data allowances/ volume limitations will vary according to the Plan chosen by you and is detailed in your Contract Form. Once you exceed your allowance, out of bundle rates are effective for any additional usage (see section 2 Charges above for further information). Data usage is dependent on the applications, content and services used. Please refer to our webpage 'Data and Internet' which provides useful information regarding data and it also provides examples of how much data is required in order to stream a movie, play music or watch a match http://www.tescomobile.ie/help-centre/Data-and-Internet . For up-to-date usage information please check the My Tesco App. Dependent on your plan / service will dictate what alerts are provided regarding usage and spend.
3.18.5 Our Internet service provides you with a means of access to the internet; however, we have no control over the nature of content or services offered through the Internet. Content can be accessed either by Downloading or by Streaming to a Mobile Phone / Device, personal computer, personal digital assistant or other access device. This service is automatically available on all Tesco Mobile Phone / Devices, unless you ask us to suspend it. We are a supporter and member of hotline.ie - Hotline.ie is an anonymous facility for members of the public to report suspected illegal content especially child sexual abuse content and activities relating to online child sexual exploitation encountered on the Internet, in a secure and confidential way. See our Corporate Responsibility webpage for more information.
3.18.6 Downloading is where a copy of the Content is installed onto your Mobile Phone / Device for future use by you in accordance with the applicable terms and conditions.
3.18.7 Streaming is a live feed of data from an external source to your Mobile Phone / Device where no copy of the Content is installed onto your Mobile Phone / Device (other than temporarily to display the Content).
3.18.8 Where Content is delivered by way of downloading, you may save the Content on your Mobile Phone / Device but (unless expressly permitted) you are not allowed to save the Content elsewhere; and each separate request by you to download that Content (i.e. each copy sent to you) will be charged separately.
3.18.9 Where Content is delivered by way of streaming: you are not allowed to save the Content and each request for that Content (i.e. each viewing) will be separately charged.
3.18.10 Prior to your requesting our Internet service, you should ensure that: (a) your Mobile Phone / Device is compatible and appropriately enabled to receive the selected Content. (b) (Where the Content is to be downloaded) you have sufficient memory capacity available to receive and save the Content once Downloaded; (c) your Mobile Phone / Device remains switched on and connected to the Network for the duration of the Download/Streaming.
3.18.11 Access to secure financial transactions may be dependent on the make and model of your Mobile Phone / Device and the third party supplier of Content.
3.18.12 Should you have any issue with the Services received please refer to section 3.18 below which provides information regarding Tesco Mobiles Complaint Handling & Escalation Policy.
3.18.13 Access to the mobile internet service can be disabled by calling Customer Care; the mobile internet service cannot be partially disabled.

3.19 Complaints

3.19.1 If you have a query or need to discuss any aspect of your service or experience, please contact our Customer Care team using the contact methods as detailed in our Complaints Handling Code of Practice - see https://www.tescomobile.ie/code-of-practice.aspx
3.19.2 TMI's Complaint Handling & Escalation Policy is also detailed within our Code of Practice. Our Code of Practice is accessible from the footer of our homepage or alternatively click here https://www.tescomobile.ie/code-of-practice.aspx
3.19.3 We will investigate any complaint in accordance with our Complaints Handling Policy, after which we will contact you with the results. If you are not satisfied with the response or resolution offered and you wish to initiate a dispute with us or compensation claim, please refer to our Code of Practice which also outlines the methods of initiating same.

3.20 Accessing Content

3.20.1 You will comply with the terms and conditions and/or acceptable use policies of any third party Content providers.
3.20.2 Your dealings with third parties using the Services unless explicitly stated by us, are solely between you and the person with whom you are dealing. We are not responsible for any losses or damages that may arise from any such dealings.
3.20.3 We do not accept responsibility for third party websites nor are we liable for their Content. You are responsible for all information that you upload, email or otherwise transmit via your Mobile Phone / Device and/or the Internet. If you encounter content or have concerns in respect of potentially illegal content (specifically child sexual abuse material (CSAM)), you can report this anonymously and confidentially via Hotline.ie. Just click on the link.
3.20.4 Content may be protected by copyright, trade mark registration or other intellectual property rights, so you are prohibited from editing or modifying Content, copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it, without the consent of the owner of such copyright, trade mark or other intellectual property rights.

3.21 Malicious, Nuisance or Bullying communications

If you or your child are in receipt of any malicious, nuisance or bullying communications please call Customer Care and report this.
See following link to a Mobile Industry booklet which explains how mobile phones work and what modern handsets are capable of beyond talk and text (e.g. the internet). It offers parents advice for dealing with negative experiences that children may encounter with their mobile phone e.g. bullying, and where to report inappropriate communications.

3.22 Premium Rate Services

3.22.1 Premium Rate Services (PRS) are goods & services you can buy using your phone credit or telephone bill to pay for them. Tesco Mobile provides you with a means of access to avail of PRS services, examples include TV voting (e.g. The X Factor); Quizzes and competitions (e.g. The Late Late Show, radio competitions); Charity donations and Digital content (e.g. music, videos, wallpapers, games). However, we are not responsible for these services. PRS services are provided by PRS service providers and ComReg regulates the PRS industry - see for more information here. If you wish to bar access to PRS, please see our Help Centre which provides useful information regarding the functionalities available.
3.22.2 If you are under 18 you are not allowed access Adult Content. If you are aged 18 or over and wish to access Adult Content, you must meet the requirements of the Tesco Mobile age verification process.

3.23 Mytescomobile app

With the Mytescomobile app you can monitor your usage and remaining credit/balances, top up, pay your latest bill and much more. Available for download in the Apple Store or Google Play. To discontinue use or opt out of the app, just delete the app from your handset.

PRIVACY AND SECURITY

4.1 Privacy and use of personal data

4.1.1 We will use the personal data we hold about you including your name, address, your Mobile Phone / Device number and spending ("your information") to manage our relationship with you, conduct research on your use of the Services, help us make informed business decisions and inform you of Tesco Mobile offers and services. We will send you relevant offers and news about our products and services in a number of ways including by mobile call, email, SMS, post or online advertising. If you would prefer us not to inform you of offers and services, please let us know by contacting customer care or by updating your preferences on the website or app. If you change any of your details please let us know. This Section 4 is in addition to our Privacy and Cookie Policy.
4.1.2 If you use a credit or debit card for any Tesco Mobile service, we may request additional information regarding your credit or debit card details for security purposes.
4.1.3 If you register your Tesco Clubcard number to your Mobile Phone / Device number to allow you to collect Tesco Clubcard points you agree to the sharing of your Tesco Clubcard information with us for the allocation of points and marketing purposes including direct marketing via post, email, telemarketing and SMS. Please note that this use of your personal data is additional to and does not affect the use by Tesco Clubcard of personal data collected by Tesco Clubcard in accordance with the Tesco Clubcard terms and conditions.
4.1.5 We may monitor and record calls or other engagements made to or by customer care for training purposes and to improve the services we offer you.
4.1.6 We will pass your personal data to any successors in title to our business and suppliers that process data on our behalf. We may also use and disclose information in aggregate (so that no individual customer is identified) for marketing and development purposes. We will not pass your information to anyone else.
4.1.7 We will comply at all times with data protection legislation and any other legislation relating to the protection of personal information.
4.1.8 You have a number of rights in regards to the personal data we hold about you including;

the right to access the personal data we hold about you.
the right to rectify incorrect or inaccurate personal data
the right to erase personal data where;

We no longer need to keep your personal data
You have successfully made a general objection as outlined below
You have withdrawn your consent to us using your personal data (and we do not have any other grounds to use it)
We have unlawfully processed your personal data.

the right to object to processing;

General objection - We will consider your objection to our use of your personal data. If on balance, your rights outweigh our interests in using your personal data, then we will at your request either restrict our use of it or delete it
Objection in relation to direct marketing - If you make such an objection, we will stop using your personal data for direct marketing purposes.

the right to restrict to the processing, including;

You have successfully made a general objection as outlined above
You challenge the accuracy of the personal data we hold
We have used your personal data unlawfully, but you do not want us to delete it

the right of portability whereby the personal data we hold about you, (that was provided by you, is processed by automated means and is processed on the basis of consent / contract) will be provided to you in a commonly used machine readable format.
The right to complain where you are unsatisfied with our processing of your personal data to the Data Protection Commission.

Address:
21 Fitzwilliam Square South
D02 RD28
Dublin 2
Ireland
Website: www.dataprotection.ie

4.1.9 To discuss you're the above rights or execute them please write to us at; Data Protection Officer, Tesco Mobile Ireland Limited, Gresham House, Marine Road, Dun Laoghaire, Co. Dublin. Alternatively you may email dataprotectionTMI@tesco.com. To action any of your rights we may require proof of identity or further information from you to help complete your request. We will aim to provide you with the outcome of your request in a timely fashion however in instances where the request is complex we may require addition time to compete however will communicate any delay and expected timelines to you as soon as possible.
4.1.10 If you are under 18 years of age, your parent or guardian may register with Tesco Mobile as an authorised person on your Account. We may provide certain limited personal information about your Account, including your usage, to the authorised person and will allow the authorised person to make certain changes to the Account or Service. When you are over 18 years of age, you may instruct us to cancel the authorised person's access to your Account.

USE OF OUR WEBSITE

5.1.1 You agree to abide by all applicable national and international laws and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the Website.
5.1.2 All information, designs, drawings and other specifications provided on the Website are the exclusive property of Tesco Mobile Ireland Limited. Any copying, transmission or re-transmission requires the prior written approval of Tesco Mobile Ireland Limited.
5.1.3 We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot inadvertently place an order through an unsecured connection.

5.2 Disclaimer of Warranties

The information contained on the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained there, the information available through the Website is provided without warranties of any kind either expressed or implied.

5.3 Cookies

5.3.1 Session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site. This information is not stored after you have left the site.
5.3.2 Persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie but this may be indefinitely or until deleted).
5.3.3 Web beacons, which are electronic images (also called "clear gifs" or "web bugs") that allow us to count the number of users who have visited these web pages.
5.3.4 Cookies cannot be used by themselves to identify you. However, if you are an existing customer and you have logged onto our Website and identified yourself as a customer, we may be able to connect your personal information with your cookie information.

5.4 Other websites

Our Website may contain links to other websites which are outside our control. If you access other websites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy.

GENERAL

6.1 You must let us know if you change your name, address, telephone number or payment details or there are any changes to your bank account or payment card arrangements
6.2 If we break this Agreement, we will be liable for foreseeable and direct losses suffered by you up to a maximum of â‚¬250. We are not responsible for indirect losses which happen as a side effect of the main loss or which are not foreseeable (such as loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting customer care.
6.3 We do not exclude or restrict our liability for (a) death or personal injury caused by our negligence, (b) fraud, or (c) any of our liabilities that cannot by law be restricted.
6.4 If at any time we do not require you to comply with any part of your Agreement with us, this does not prevent us from asking you to at a later time.
6.5 If any part of our Agreement is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of the Agreement, which shall remain in force.
6.6 Any notices or communications that you send to us must be sent to customer care at Tesco Mobile Customer Care, PO Box 11027 Freepost F4409, Dublin 3. Any notices or communications that we send to you will be sent by text message to your
6.7 Our Agreement is governed by Irish law and any disputes about our Agreement will be decided exclusively in the Irish courts.
6.8 Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
6.9 The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

Definitions: In these Terms and Conditions the following terms have the following meanings:

A Botnet - a collection of compromised computers (including data enabled-handsets) connected to the Internet (these are also known as 'bots'). When a computer becomes compromised, it becomes a part of a botnet." As per above there is no distinction as to whether an individual is using a modem or tethering via a handset.

A Virus/Malware - a computer program that can replicate itself and spread from one computer data enabled handset or terminal device to another, including but not limited to adware and spyware programs that do not have the reproductive ability. A virus is spread from one device to another (in some form of executable code) over a network or the Internet. Malware includes, computer worms, Trojan horses, spyware, dishonest adware and other malicious and unwanted software.

Account: a Tesco Mobile account applicable to one Mobile Phone / Device number for which you have chosen to receive Services;

Activity Criterion: to ensure your service is not suspended due to inactivity - you must make at least one chargeable outbound service usage in the 180-day period following activation of a voucher or credit being applied to your account.

Agreement: the agreement between you and us made up of (1) these Terms and Conditions, (2) any other terms and conditions for specific Services shown on our Website, (3) the Charges, (4) the description of the Services;

Cancellation Charge: the charge that you are liable for should you terminate the Agreement within the agreed Minimum Term. The Cancellation Charge is the sum of any outstanding charges and the recurring monthly charges for the remainder of the Minimum term;

Charge: the charges that you agree to pay for the Services as shown on our Website;

Content: textual, visual or other information, software, photos, video, graphics, music, sound and other material created by, appearing on or available on or through Tesco Mobile (or third party Content providers);

Credit: the credit on your Account;

Customer Care: our customer care service can be contacted for free on 1749 from a Tesco Mobile number or 089 420 0000 from any other number alternatively using the multiple access mediums as detailed on Tesco Mobile's contact Customer Care webpage -see http://www.tescomobile.ie/help-centre/contact-support.aspx;

Denial of service - an attempt to make a computer or network resource unavailable to its intended users usually by saturating the target machine with external communications requests, such that it cannot respond to legitimate traffic.

Equipment: means, unless otherwise specified, the handset or other terminal or modem (e.g. dongle for mobile broadband), the Tesco Mobile SIM Card and/or any other equipment which is provided by Tesco Mobile to the Customer pursuant to this Agreement in connection with the Services;

Hacking - when an unauthorised person attempts to access another computer, network or system. Infringing on the privacy of others or damage to computer-based property such as files, web pages or software.

Mobile Phone / Device: the Mobile Phone /Device to which our Agreement relates;

Network: the telecommunications system used by Tesco Mobile;

Network Operator: any person(s) authorised or permitted to run a Telecommunications system over which we provide Tesco Mobile Services.

Network Management Tools: Tools used by Tesco Mobile to monitor data traffic and to implement measures to manage traffic including in accordance with Tesco Mobile's Network Management Policy.

Delay - the time it takes for a piece of data (a "packet") to travel across the network from one node or endpoint to another.

Jitter - metric for the variation in delay of packets that flow from one node or endpoint to another through the network

Packet loss - the proportion of packets lost in transit from a node or endpoint to another during a specified time interval.

Peer to peer traffic - In peer to peer (P2P) network, the "peers" are computer systems which are connected to each other via the Internet. Files can be shared directly between systems on the network without the need of a central server. In other words, each computer on a P2P network becomes a file server as well as a client. The only requirements for a computer to join a peer-to-peer network are an Internet connection and P2P software. Common P2P software programs include Bit-torrent and eDonkey.

Plan: means the Pay Monthly or Prepay plan you have selected - see www.tescomobile.ie/

For Bill Pay Plans - www.tescomobile.ie/bill-pay-plans.aspxFor Prepay Plans / Offers - www.tescomobile.ie/prepay-plans.aspx

Prepay: means you pay Charges in advance by placing Credits on your Account;

'Refer To Drawer Fee' – charge applied due to cost incurred as a result of a failed payment;

Security breach - a security breach is when Tesco Mobile's Services are being used for, hacking, spamming, denial of service. Also any unauthorised hacking or infiltration of Tesco Mobile network infrastructure would also constitute a security breach. Any data capable device (Data Modem or Handset) can be used to cause a security breach.

Services: means any service made available by Tesco Mobile on the Network;

Spamming - the distribution of unsolicited commercial advertisements online.

SIM Card: the card used with a Mobile Phone to access the Services;

These Terms and Conditions: these terms and conditions, as updated from time to time;

Top Up: means pre-purchased credit you buy and place on your Account;

We or us: Tesco Mobile Ireland Limited (or our agent), whose registered office is at Gresham House, Marine Road, Dun Laoghaire, Co Dublin;

You: you, the customer with whom we make this Agreement, including any person we reasonably believe is acting with your authority or knowledge;

Website: means www.tescomobile.ie or www.tesco.ie (and click on Tesco Mobile) or any other website that replaces them.